Chapter 17.04 — ADMINISTRATION

This title is known as the "City of San Clemente Zoning Ordinance," hereafter referred to as the "Zoning Ordinance" or "this title." This title is adopted pursuant to the authority granted to the City of San Clemente by State law, Government Code Section 65800 et seq.

(Ord. 1172 § 3 (part), 1996)

The City Council has established these standards and procedures to protect and promote the public health, safety, comfort, convenience, morals and general welfare of the present and future citizens of the City, specifically to:

A.

Implement the goals, objectives, policies, and programs of the City General Plan, and to manage future growth and development in accordance with that plan;

B.

Provide for a diversity of areas characterized by differing land use activity and intensity in accordance with comprehensive and orderly land use and resource planning;

C.

Reduce or eliminate hazards to the public resulting from potentially inappropriate location, use, or design of buildings and other improvements;

D.

Protect and enhance established residential neighborhoods, commercial, industrial and public districts, open space and recreational amenities;

E.

Preserve the traditional scale and seaside orientation of the City and provide for the reasonable preservation of public views;

F.

Provide for higher density mixed-use areas requiring a pedestrian-orientation and San Clemente's traditional Spanish Colonial Revival architectural style;

G.

Provide for the economic viability of San Clemente's commercial, industrial and mixed-use areas, while preserving and enhancing the aesthetic quality and the environmental resources of the City;

H.

Maintain San Clemente as a unique community in Southern California.

(Ord. 1172 § 3 (part), 1996)

A.

Geographic Area. .....The provisions of this title are declared to be in effect upon all properties included within the boundaries of each and every zone established by this title, except for the North Beach Study Area. For standards for the North Beach Study Area, please refer to Section 17.52.050, Requirements for the North Beach Study Area, of this title. For properties with a specific plan "SP" designation, the standards in the Zoning Ordinance shall apply when development standards are not specified within individual specific plans.

B.

Private Projects.

1.

No land, building, or structure shall be developed, used, constructed, altered, or maintained except in strict conformance with the provisions of this title.

2.

No use that requires a permit, license or approval under the provisions of this title shall be made, continued, established or operated until all conditions of the permit license or approval have been complied with and the applicable permit, license or approval is finally granted.

3.

No use that has obtained a permit, license or approval under the provisions of this title shall be operated in violation of, or contrary to, any terms or conditions of the granted permit, license or approval.

C.

Public Projects. .....Unless otherwise exempted, federal, State, County, and public utility projects shall be subject to the provisions of this title to the extent allowed by law, including projects operated by any combination of these agencies, or by a private person for the benefit of or on behalf of any such governmental agency.

D.

Applicability and Effect on Prior Approvals. .....The regulations of this title shall apply to the construction, alteration, use, substitution, expansion, movement of any building or structure, and to the use of any parcel of land, on or after the effective date of the ordinance codified in this title and any subsequently adopted ordinance amending this title, unless a building permit has been lawfully issued by the city for the construction of a project, in which case that project may be completed under the provisions of this title as it may have existed at the time of issuance of the building permit; provided, that construction under the permit must have commenced and been diligently and continuously pursued within the time limit of a building permit or any extension thereof.

(Ord. 1185 § 3 (part), 1997; Ord. 1172 § 3 (part), 1996; Ord. No. 1658, § 3, 8-21-2018)

If ambiguity arises concerning the appropriate classification of a particular use or with respect to any standards and/or requirements set forth within this title, the ambiguity shall be resolved as follows. For ambiguities regarding zone boundaries, please refer to Section 17.08.030, Determination of Zone Boundaries, of this title.

A.

Purpose and Intent. The purpose and intent of the interpretations process is to provide for review and official interpretation of ambiguities in the Zoning Ordinance.

B.

Authority. The City Planner shall make the determination as to whether an ambiguity exists with regard to the Zoning Ordinance and whether an interpretation is minor or major.

The City Planner issues minor interpretations of the Zoning Ordinance, subject to the concurrent review and appeal provisions of Section 17.12.090, Consideration of Concurrent Applications, and Section 17.12.140, Appeals of an Action, of this title.

The Planning Commission issues major interpretations of the Zoning Ordinance, subject to the concurrent review and appeal provisions of Section 17.12.090, Consideration of Concurrent Applications, and Section 17.12.140, Appeals of an Action, of this title.

C.

Applicability. This section shall apply to ambiguities in the Zoning Ordinance. Please refer to Section 17.08.030, Determination of Zone Boundaries, for ambiguities related to the Zoning Map.

D.

Submittal Requirements. Please refer to the submittal requirements in Section 17.12.040, Filing an Application, and Section 17.12.060, Applications Requiring Additional Information, of this title.

E.

Determination of Major/Minor Interpretation.

1.

Minor Interpretations. If the City Planner determines that the interpretation will not have public impacts or cause public concern, then the interpretation shall be considered minor and shall be reviewed and processed in accordance with procedures for minor interpretations, included within this section.

2.

Major Interpretations. If the City Planner determines that the interpretation has the potential for public impact or concern, then the interpretation shall be considered major and shall be reviewed and processed in accordance with procedures for major interpretations, included within this section.

F.

Review Procedures.

1.

Minor Interpretations. The City Planner shall approve, approve with modifications and/or conditions, or deny the request for a minor interpretation within 15 days following receipt of a completed application. Should the City Planner fail to render a decision within 15 days of receiving a completed application, the applicant may request that the minor interpretation application be forwarded to the Planning Commission for review in the same manner as requests for major interpretations, as described in this section.

2.

Major Interpretations. Following receipt of a completed major interpretation application, the City Planner shall place the application on the next regularly scheduled meeting of the Planning Commission for which

the item can be agendized, as a New Business item. At the meeting, the Planning Commission shall approve, approve with modifications and/or conditions, or deny the major interpretation request.

3.

Recordation. All minor and major interpretations shall be recorded in writing. The record of interpretations shall be kept on file in the Planning Division and shall be available to the public upon request. Interpretations will be forwarded in accordance with the procedures for zoning amendments included in Section 17.16.040, Zoning Amendments, of this title, for consideration of incorporation into the Zoning Ordinance, at such time as is deemed appropriate by the City Planner.

G.

Required Findings. Prior to determining that a proposed use is similar to a permitted or conditionally permitted use, the decision-making authority shall make the following findings:

1.

The proposed use is similar in nature to the listed use in terms of its function; and

2.

The proposed use is as restrictive as the use to which it is being compared in terms of impacts to traffic, parking, dust, noise, or other negative impacts.

H.

Appeals. An appeal of the decision on a minor or major interpretation shall be reviewed in accordance with Section 17.12.140, Appeals of an Action, of this title.

(Ord. 1172 § 3 (part), 1996)

This title is a primary tool for implementing the goals, objectives and polices of the San Clemente General Plan. No use of land or buildings shall be approved for processing under this title unless it is consistent with the San Clemente General Plan.

(Ord. 1172 § 3 (part), 1996)

A.

Enforcement by Person Appointed by the City Manager. .....It shall be the duty of the person appointed by the City Manager to enforce the provisions of this title pertaining to the use of land or buildings and the erection, construction, reconstruction, moving, alteration or addition to any buildings or structures. Any permit or license of any type issued by any department or officer of the City in conflict with the provisions of this title is declared to be null and void.

(Ord. 1172 § 3 (part), 1996)

(Ord. No. 1501, § 12, 3-16-2010; Ord. No. 1664, § 40, 9-18-2018)

17.04.070 - Relationship to other City documents.

A.

General Plan. .....The City of San Clemente General Plan is the foundational planning policy document of the City. It defines and sets forth the basic policy and guidelines by which the community will be permitted to develop in the future. It is intended to guide all planning, environmental decisions, and development in the community. Among other things, the General Plan establishes what kinds of land uses will be permitted and where, how dense the development may be, and the proportional relationship of the built environment.

The City's General Plan contains two elements that are physically separated from the main body of the General Plan: 1) the Coastal Element, which establishes the goals and policies for the City's coastal resources, as required by the California Coastal Act; and 2) the Housing Element, which establishes goals and policies for the City's housing stock, including affordable and senior housing, as required by State law.

The zones and regulations included in this title are consistent with the goals and policies included in the San Clemente General Plan.

B.

Specific and Master Plans. .....The Pier Bowl, West Pico Corridor, Rancho San Clemente, Forster Ranch, Marblehead Coastal and Talega Specific Plans, and the Marblehead Inland Master Plan are documents regulating development on land within the boundaries of each respective plan. The regulations included in the specific and master plans supersede regulations in this title. When regulations related to specific development are not included in the specific plans, the provisions of the Zoning Ordinance apply.

The Pier Bowl Specific Plan provides coastal zoning, development standards, design guidelines, landscape requirements, and other design standards which implement the Coastal Element policies, along with other General Plan policies, for these areas.

A Specific plan for the North Beach Study Area is being developed. For more information regarding the City's specific plans, please refer to Chapter 17.52, Specific Plan and Study Area Zones and Standards, of this title. For more information regarding the Marblehead Inland Master Plan, please refer to Section 17.56.040, Planned Residential District Overlay.

C.

Subdivision Ordinance. .....The Subdivision Ordinance, Title 16, Subdivisions, of this code, regulates the subdivision of land within the City. Many of the development projects regulated by this title are also subject to the provisions in the Subdivision Ordinance.

D.

Urban Design Guidelines. .....The City's adopted Design Guidelines contain architectural and site plan guidelines which are consistent with the General Plan Urban Design Element. Projects required to receive

architectural review are evaluated with respect to the Design Guidelines.

E.

Master Landscape Plan for Scenic Corridors. .....The Master Landscape Plan for Scenic Corridors establishes a Unified Landscape Program for the scenic highways in San Clemente that link the existing City with four developing ranch areas. When significant improvements are made to sites located on the City's scenic corridors, projects are to be required to incorporate improvements to the public right-of-way indicated in this document.

F.

Hillside Development Ordinance. .....The Hillside Development Ordinance was established to implement the goals, objectives and policies of the City's General Plan relating to the preservation and maintenance of the natural character and amenities of hillsides as a scenic resource of the City and relating to protection from geologic hazards resulting from unstable soils, erosion, and other soil problems.

(Ord. 1304 § 9, 2005; Ord. 1185 § 3 (part), 1997; Ord. 1172 § 3 (part), 1996)

The provisions of this title shall be interpreted and applied as the minimum requirements and the maximum potential limits for the protection of the public health, safety, comfort, convenience, morals, and general welfare. It is recognized that each site and situation is unique and different and as such may require either exceeding the minimum acceptable requirements or achieving less than the maximum potential limits of this title.

(Ord. 1172 § 3 (part), 1996)

Should any illustrations found in this title contradict the text or intent of a regulation found in this title, the text shall supersede the illustration.

(Ord. 1172 § 3 (part), 1996)

17.04.100 - Severability of any portion of this title.

Should any section, subsection, clause, or provision of this title or its application to any person or circumstance for any reason be held to be invalid or unconstitutional, the validity or constitutionality of the remainder of this title and the application of those provisions to other persons or circumstances shall not be affected. This title, and each section, subsection, sentence, clause and phrase of this title, would have been prepared, proposed, approved and ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

(Ord. 1172 § 3 (part), 1996)

CHAPTER 17.08 - ESTABLISHMENT OF ZONES[[2]]

Sections:

Footnotes:

--- ( 2 ) ---

Editor's note— Ord. No. 1652, § 4, adopted May 15, 2018, repealed Ch. 17.08, §§ 17.08.010—17.08.030, and enacted a new chapter as set out herein. Former Ch. 17.08 pertained to similar subject matter and derived from Ord. 1185 § 3 (part), adopted in 1997; Ord. 1172 § 3 (part), adopted in 1996; Ord. No. 1575, § 3(Exh. A, § 1), adopted Dec. 3, 2013; and Ord. No. 1585, § 2(Exh. A), adopted Sept. 2, 2014.

In order to provide a uniform basis for regulating the use of land, buildings and structures, to promote the orderly growth and development of the various unique areas of the City, to establish minimum site development regulations and performance standards applicable to sites within the City, and to preserve the public health, safety and welfare, the City is divided into zones, consistent with the pattern of development established by the General Plan:

1 There is a Community and Coastal Recreation Commercial [CRC] area located in the MCSP and the Pier Bowl Specific Plan [PBSP]. Refer to these Specific Plans for development standards.

2 There is one Regional Commercial area located in the Marblehead Coastal Specific Plan [MCSP]. Refer to the Specific Plan for development standards.

3 For Light Industrial [LI] Zones, refer to West Pico Corridor Specific Plan Light Industrial [I2] standards and permitted uses that apply.

4 The Central Business [CB] Overlay is known as Pedestrian [P] Overlay in the General Plan and as the Visitor Serving Commercial District [VSCD] Overlay in the Coastal Land Use Plan.

5 The Professional Business [PB] Overlay applies to properties that are part of the WPCSP. For [PB] Overlay requirements, refer to the Specific Plan and Chapter 17.56 of this Zoning Code.

(Ord. No. 1652, § 4, 5-15-2018)

17.08.020 - Adoption of Zoning Map.

The boundaries of the zones established pursuant to Section 17.08.010, Zones Established, of this title are delineated upon the map entitled "Zoning Map of the City of San Clemente," sometimes referred to as the "Zoning Map." The Zoning Map, together with all legends, notations, references, boundaries, and other information thereon, is adopted and incorporated into this title by reference.

A copy of the current Zoning Map shall be kept on file with the City Clerk and City Planner and shall be made available to the public. Changes in the boundaries of any zone shall be made by ordinance pursuant to Section 17.16.040, Zoning Amendments, of this title, and shall be reflected on the Zoning Map. The City Clerk shall be responsible for keeping official records relative to Zoning Map amendments.

(Ord. No. 1652, § 4, 5-15-2018)

17.08.025 - Zoning Map Labeling Format

Each parcel or contiguous zoning district containing more than one parcel within the City shall be designated on the Zoning Map utilizing the abbreviations in Section 17.08.010, above, strung in the following order: Zone, [Specific Plan, if applicable], [Overlay, if applicable], [Coastal Zone, if applicable].

(Ord. No. 1652, § 4, 5-15-2018)

A symbol, or symbols, indicating the classification of property on the Zoning Map shall in each instance apply to the whole of the area within the zone boundaries.

A.

Division of a Lot. Wherever a lot is divided by the boundary between zones, the regulations applicable for the more restrictive of the zones shall apply. Exception: Where a lot has both a residential and an open space zoning designation upon it, the regulations applicable to each zone shall apply to the appropriate portion of the lot.

B.

Division by Alley, Street or Lot Line. Where a zone boundary follows a public street or alley, the centerline of the street or alley shall be the boundary. Where a boundary clearly follows a lot line, the lot line shall be the boundary.

C.

Vacation or Abandonment of Public Right-of-Way. When any public right-of-way is officially vacated or abandoned, the zoning designation applied to abutting property shall thereafter extend to the centerline of such vacated or abandoned right-of-way.

D.

Uncertainties Regarding Zone Boundaries. In case uncertainty exists regarding the location of zone boundaries, the City Planner shall determine the location of zone, subject to the appeal provisions of Section 17.12.140, Appeals of an Action, of this title.

(Ord. No. 1652, § 4, 5-15-2018)

CHAPTER 17.12 - DEVELOPMENT REVIEW PROCESS

Sections:

This chapter is intended to describe the general procedures for filing applications when required or permitted by this title. Information related to specific applications can be found in Chapter 17.16, Applications, of this title. Tables 17.12.020, Review Authority for Permits and Entitlements, and 17.12.100, Public Hearing Requirements, contained in this chapter, list the various applications that are explained in detail in Chapter 17.16, Applications, as well as a summary of the review process for each application.

(Ord. 1172 § 3 (part), 1996)

This section identifies the review authorities responsible for making decisions on applications required by the Zoning Ordinance.

A.

City Council. Refer to Chapter 2.04 for a description of the City Council's function, duties, and powers.

B.

Planning Commission. Refer to Chapter 2.32 for a description of the Planning Commission's function, duties, and powers.

C.

Zoning Administrator. Refer to Chapter 2.34 for a description of the Zoning Administrator's function, duties, and powers.

D.

The Planning Division. The Planning Division is responsible for the administration of the Zoning Ordinance, including the following functions:

a.

Application Process. The Planning Division shall process applications consistent with goals and policies in the General Plan and the Zoning Ordinance. If a project is located in a Specific Plan area, then applications shall also be processed consistent with the Specific Pian.

b.

Public Information. The Planning Division shall have the responsibility to provide information to the public on provisions and requirements of the Zoning Ordinance.

c.

Coordination. The Planning Division shall be responsible for coordinating matters related to the administration of this title with other agencies, City departments and divisions, and City boards and commissions. The Planning Division participates in the Development Management Team (DMT), which is a group of City staff from various departments and staff from other agencies (e.g., the Orange County Fire Authority) that meets regularly to coordinate on the review of applications for completeness, consistency with requirements, guidelines, and policies. The DMT also makes non-binding recommendations to the applicable review authority. Unless required by this Title, the City Planner has discretion on whether to bring an application to the DMT for review and a recommendation.

d.

Application Status Updates. The Planning Division shall provide information to applicants and interested parties on the status of applications.

E.

Designated Review Authority for Required Approvals. Refer to Table 17.12.020, Review Authority for Permits or Entitlements, for the review authority designated to act upon applications required by this Title, according to procedures described in Section 17.12.060.

Table 17.12.020

Review Authority for Permits and Entitlements

1 Refer to Section 17.12.090, Consideration of Concurrent Applications, regarding review of concurrent applications.

(Ord. 1308 § 6, 2006; Ord. 1172 § 3 (part), 1996)

(Ord. No. 1594, § 3(Exh. A, § 1), 5-5-2015; Ord. No. 1609/1610, § 6(Exh. D, 7), 11-17-2015; Ord. No. 1690, § 5(Exh. C), 2-18-2020; Ord. No. 1759, § 3(Exh. A), 10-3-2023)

17.12.025 - Design Review Subcommittee.

This section describes the Design Review Subcommittee's function, duties, and applications that may require design review.

A.

Function and Duties. The Design Review Subcommittee is an advisory body, not an approval body. The Subcommittee advises applicants on how projects can best comply with policies and design guidelines that relate to various visual impact issues, such as site planning, architecture, landscaping, and the preservation of cultural and aesthetic resources. The policies and guidelines are contained in various planning documents, such as the General Plan, Design Guidelines, Specific Plans (when projects are located in a Specific Plan area), Zoning Ordinance, and Coastal Land Use Plan.

The Design Review Subcommittee does not focus on land use issues, which are the purview of the review authority. The Design Review Subcommittee forwards a recommendation to the review authority that acts upon a project. For sites on the City's designated historic structures and landmarks list, the Design Review Subcommittee (DRSC) functions as the Cultural Heritage Subcommittee (CHSC). The CHSC has similar duties as the DRSC but with added emphasis on historic resource preservation.

B.

Referrals to the Design Review Subcommittee. The review authority may refer applications to the Design Review Subcommittee if not required otherwise by Chapter 17.16 for specific applications.

C.

Applications that May Require Design Review Subcommittee Review. Table 17.12.025 identifies applications that may require projects to be reviewed by the Design Review Subcommittee. For each application shown below, the table provides examples of common design issues reviewed by the Design Review Subcommittee.

Table 17.12.025 - Applications and Design Review Process

(Ord. No. 1594, § 3(Exh. A, § 2), 5-5-2015; Ord. No. 1759, § 3(Exh. A), 10-3-2023)

The following are primary among the purposes of preapplication review of a development project:

A.

To familiarize the applicant with the application requirements and the review process for a project;

B.

To familiarize the applicant with City documents affecting a project, including, but not limited to, the General Plan, Hillside Development Ordinance, Design Guidelines and Zoning Ordinance;

C.

To ensure early consideration of General Plan goals and policies;

D.

To identify for the applicant some of the significant issues and community concerns that may arise as the project moves through the review process;

E.

To provide Planning Division staff with the opportunity, when appropriate, to bring in staff from other divisions and departments for early consultation on a project;

F.

To determine the appropriate reports and studies that will be necessary for the review of the project, including, but not limited to, traffic reports, biological studies and fiscal impact analyses.

It is not the intent of this title that preapplication review be extensive enough to identify all issues, concerns, or problems related to a project. It is the intent that the process allow for the applicant to become more familiar with the City's review process and staff to identify obvious and significant issues relative to the project. Preapplication review is encouraged; unless otherwise indicated in this title, preapplication review shall be voluntary.

Where requested by the applicant, or required by this title, a preapplication consultation may be held with the Planning Division staff and/or other department or division staff to obtain comments regarding a development project. Information regarding preapplication review is available from the Planning Division. With the preapplication request, the applicant should submit as much detailed information about the project as available.

(Ord. 1172 § 3 (part), 1996)

A.

Persons Who May File an Application (or Preapplication). .....Unless otherwise specified, an application required or permitted by this title will only be accepted if signed by the owner of the subject property or by the property owner's authorized agent. When the property owner's authorized agent submits an application, the application must be accompanied by written authorization from the property owner. If the property for which an application is submitted is in more than one ownership, all the owners or their authorized agents must either sign the application or submit a written, signed document indicating their consent to the application.

B.

Application Forms. .....Unless indicated otherwise by Chapter 17.16, Applications, of this title, applications required or authorized by this title shall be submitted to the Planning Division and shall include forms and any other materials, reports, dimensioned plans or other information required by the application checklist available from the Planning Division. If a public hearing is required prior to issuance or approval of the application, all public notification materials required by Table 17.12.100, Public Hearing Requirements, must be included with the application. It is the responsibility of the applicant to ensure that all required information is provided.

C.

Fees. .....The City Council shall, by resolution, establish and amend from time to time a schedule of fees for applications required or authorized by Chapter 17.16, Applications, of this title. Applicants shall pay the fees and costs for processing applications when the application is filed with the Planning Division. The purpose of the application fees is to reimburse the City for all costs incurred as the result of its administration of the provisions of this title.

D.

Waiver of Fees. .....For special circumstances, the City Council may waive or reduce the application fees established by resolution of the City Council, based on the merit of the request. Waiver of fees shall be approved prior to application submittal. The applicant must file a request for waiver of fees with the City's Planning Division. The letter shall explain the reasons for the request for a waiver. The Planning Division shall forward the letter requesting a waiver of fees to the City Council for their review at the next regularly scheduled City Council meeting at which time the request can be agendized under New Business.

E.

Supplemental Information. .....The City Planner, or review authority, may request the applicant submit information to clarify, correct, or otherwise supplement submitted information beyond that originally submitted in the course of processing the application should he or she find that additional information is necessary to adequately review a request. Such a request shall not invalidate the original determination that the application was complete at the time the determination was originally made. Supplemental information may include, but is not limited to, visual analysis tools such as story pole staking, photo simulations, and models. Projects with added concern for visual impacts are more likely to require story poles that include construction or expansion of three-story structures in the Architectural Overlay district and structures with the potential to affect public view corridors from public places in the Coastal Overlay zone.

1.

Certification of Visual Analysis Tools. When visual analysis tools are required, the accuracy of the materials shall be certified by a licensed architect or engineer prior to scheduling the first public hearing for a project.

2.

Story Pole Installation Requirements. When story poles are required, they shall be erected at least 14 calendar days prior to the first public hearing or meeting on the Project, as determined by the City Planner, except that the approval authority shall have discretion to require that they be erected earlier, but not to

exceed 28 calendar days prior to the hearing. The following must be completed for a site to be deemed to have been properly staked with story poles:

a.

Story poles and connecting thick colored lines or pennants, which accurately represent the limits of the proposed structure's envelope. This includes the outermost corners of the building's roof area and along the tallest roof ridgelines or peaks, or other areas necessary to evaluate visual impacts at the discretion of the City Planner or Review Authority. The City Planner shall have final approval authority over the location of the story poles to ensure that they do not detrimentally impact the public or the then current use of the property; and

b.

A staking plan with the location and height of the story poles must be certified as accurate by a registered land surveyor or registered civil engineer. If a complete and certified staking of story poles for a project is not in place in the time required, the project shall be continued to a later date. Neither the applicant, a relative of the applicant, nor any other person possessing a financial interest in the property or the project may certify the location and height accuracy of the staking poles.

3.

Story Pole Re-certification. Re-certification is required at least 14 calendar days prior to the first public hearing as described above in 2. Requirements, in the following instances:

a.

If the project is modified during the design review process requiring the project to be re-staked; and/or

b.

If the initial installation of story poles was completed one year prior to the final hearing date.

4.

Story Pole Removal. A deposit in the amount the City Planner determines to be reasonably necessary to remove the story poles shall be made prior to the time the project is scheduled for public hearing. Story poles shall be removed by the applicant within 20 calendar days after the appeal period for the project has expired. Upon timely removal of the story poles, the deposit shall be returned to the applicant. The applicant's failure to remove the story poles within the prescribed time period shall result in the automatic forfeiture of the deposit, and the City shall have the ability to access the site to remove the poles. Story poles must be removed if a project has been inactive for a period longer than six months. Story pole placement shall be photo-documented from viewpoints determined by the City Planner to document size, mass, height, and scale, and shall be submitted to [be] retained by the City with the project file. Prior to the first public hearing on the project, the applicant shall grant to the City a written right of entry for purposes of pole removal.

(Ord. 1172 § 3 (part), 1996)

(Ord. No. 1759, § 3(Exh. A), 10-3-2023)

A.

Review for Completeness. .....The Planning Division shall determine the completeness of an application within the time period specified by State law (Government Code Section 65943), after receiving a submitted application and associated information. No application shall be processed pursuant to this title until the Planning Division determines the application is complete. If the Planning Division fails to make a determination as to completeness of an application or resubmitted application within the time period specified by State law (Government Code Section 65943), the application shall be automatically deemed complete and processed pursuant to the provisions of this title.

B.

Applicant Notification. .....If an application is deemed complete, the Planning Division shall notify the applicant in writing. The application shall then be processed pursuant to the provisions of this title. If an application is deemed incomplete, the Planning Division shall notify the applicant in writing, outlining the reason(s) for the determination and the information necessary to complete the application.

(Ord. 1172 § 3 (part), 1996)

(Ord. No. 1759, § 3(Exh. A), 10-3-2023)

All applications will be reviewed by the Planning Division for compliance with the California Environmental Quality Act (CEQA). No application shall be approved pursuant to this title prior to the completion and/or certification of applicable environmental documentation required by CEQA. Applications shall be processed within the time limits prescribed in CEQA (Government Code Section 65920 et seq.).

(Ord. 1172 § 3 (part), 1996)

(Ord. No. 1759, § 3(Exh. A), 10-3-2023)

Application for permits or other matters shall be acted upon in accordance with one of the five decision processes established shown on Figure 17.12.060.A, except for capital improvement program projects. The subject matter of the development application determines the process that shall be followed for each application. The provisions of Chapter 17.16 that pertain to each permit, map, or other matter describe the decision process in more detail. Depending on the proposal, the review process may also require review by an advisory body such as the Design Review Subcommittee or Cultural Heritage Subcommittee. Figure 17.12.060.A is provided for convenience of reference only and does not define, describe, or limit the scope, meaning, or intent of any provision of this Title. This diagram describes the City of San Clemente's processes only, not decision processes that may be required by other agencies such as the California Coastal Commission.

Figure 17.12.060.A, Decision Processes

==> picture [300 x 302] intentionally omitted <==

• Depending on the proposal, the review process may also require review by an advisory body such as the Design Review Subcommittee or Cultural Heritage Subcommittee.

A.

Process One—Staff Decision Without Public Hearing. A Process One decision on an application may be approved or denied by a City staff person specified in Table 17.12.020 or their designee. A public hearing will not be held. A decision may be appealed to the Planning Commission according to Section 17.12.140.

B.

Process Two—Zoning Administrator Decision. A Process Two decision on an application shall be made as follows:

1.

Decision Process. The Zoning Administrator may approve, conditionally approve, or deny the application at a public hearing.

2.

Public Notification. Notice of a public hearing shall be provided according to Section 17.12.100 with necessary materials provided by an applicant.

Appeals. The Zoning Administrator's decision may be appealed to the City Council according to Section 17.12.140.

C.

Process Three—Planning Commission Decision. A Process Three decision on application shall be made as follows:

1.

Decision Process. The Planning Commission may approve, conditionally approve, or deny the application at a public hearing.

2.

Public Notification. Notice of a public hearing shall be provided according to Section 17.12.100 with necessary materials provided by an applicant.

3.

Appeals. The Planning Commission's decision may be appealed to the City Council according to Section 17.12.140.

D.

Process Four—City Council Decision.

1.

A Process Four decision on an application may be approved, conditionally approved, or denied by the City Council at a public hearing.

2.

Public Notification. Notice of a public hearing shall be provided according to Section 17.12.100 with necessary materials provided by an applicant.

3.

Ability to Act as Review Authority for a Lower Level Process. The City Council by majority vote may decide to serve as the Review Authority for any applications that require a lower level Process according to Table 17.12.020.

E.

Process Five—City Council Decision with Planning Commission Recommendation. A Process Five decision on an application shall be made by the City Council as follows:

1.

Planning Commission Recommendation. Before the City Council decision, the Planning Commission shall hold a public hearing to consider the application. The hearing shall be noticed in accordance with Section 17.12.100. The hearing may be continued if desired by the Commission to solicit and obtain information needed to make a recommendation. However, the hearing shall be concluded no later than 60 calendar days after the initial hearing date. At the conclusion of the public hearing, the Planning Commission shall make a written recommendation to the City Council to approve, conditionally approve, or deny the application. If the Planning Commission fails to act within this 60-day period the matter shall proceed to City Council without a recommendation.

2.

Decision Process. After receiving the Planning Commission's recommendation or expiration of the 60-day time period with no recommendation, the City Council shall hold a public hearing to consider the application. The hearing shall be noticed in accordance with Section 17.12.100. The City Council may approve, conditionally approve, or deny the application at the conclusion of the hearing.

F.

Referrals to Higher Review Level. A Review Authority has the discretion to refer applications to a higher review level, as follows:

1.

The City Planner may refer Process 1 decisions to the Zoning Administrator or Planning Commission, depending on level of public concern anticipated for a matter. If decisions are referred to the Zoning Administrator or Planning Commission, a public hearing and notification shall be required according to Chapter 17.12; and

2.

The Zoning Administrator may refer Process 2 decisions to the Planning Commission, depending on level of public concern anticipated for a matter.

(Ord. 1472 § 2, 2008: Ord. 1172 § 3 (part), 1996)

(Ord. No. 1594, § 3(Exh. A, § 3), 5-5-2015; Ord. No. 1759, § 3(Exh. A), 10-3-2023)

17.12.065 - Inactive Applications.

The City may close inactive applications according this Section.

A.

Incomplete Letters. The City determines the completeness of an application within the time period specified by State law as described in Section 17.12.050. If the application is incomplete, the City notifies the applicant in writing to describe what is needed to process the application, such as studies, development plans, forms, and fees. The letter specifies a timeframe for submitting the requested items.

B.

Resubmittal Timeframe. Applications shall be deemed inactive and be closed at the discretion of the City Planner if the applicant does not submit requested items for six consecutive months following the date of the incomplete letter, unless the incomplete letter specifies an alternate timeframe or an extension is granted according to Subsection C.

C.

Request for Time Extension. The applicant may request an extension of time to resubmit the application. The time extension request shall be made in writing and received within the resubmittal timeline described in Subsection B. The written request shall provide a detailed explanation of the reason(s) for the request and the additional time needed to provide the requested information and/or application fees. Such reasons may include by way of example and not by limitation, additional time needed to conduct a required seasonal biological survey or to secure a professional consultant to carry out a required analysis.

The City Planner shall review the written request and provide the applicant a written determination, approving or denying the request, based on finding whether there are unusual circumstances preventing the applicant from resubmitting the application within the given timeframe. If the City Planner grants the applicant's request, the written determination shall specify the additional time granted to resubmit the application. Then, the applicant shall submit requested items within extended resubmittal timeframe or the City shall have discretion to close the application.

D.

Return of Unused Deposit Account Funds. If an application is withdrawn by the City or the applicant, the City shall contact the applicant to refund any unused deposit account fees. If an applicant is unresponsive, the City will refund fees when an opportunity arises to communicate with the applicant. Fixed fee applications are not refundable.

(Ord. No. 1575, § 3(Exh. A, § 2), 12-3-2013; Ord. No. 1759, § 3(Exh. A), 10-3-2023)

17.12.070 - Time Limits for Processing Applications.

Applications shall be processed within the time limits prescribed in State law, Government Code Section 65920, et seq. The time limits for processing appeals shall be in addition to the time limits specified for the original processing of the request. Please refer to Section 17.12.140, Appeals of an Action, of this chapter for the time limits for processing appeals.

(Ord. 1172 § 3 (part), 1996)

Editor's note— Ord. No. 1759, § 3(Exh. A), adopted Oct. 3, 2023, renumbered the former § 17.12.080 as § 17.12.055. The former § 17.12.080 pertained to environmental review.

Applications for a number of requests for one project may be combined and processed concurrently, as long as all applicable processing requirements are satisfied. The purpose of allowing concurrent review is

to consolidate final action on the project with the highest review authority responsible for making a decision on the applications for a project. The following shall apply to concurrently processed applications:

A.

Public Hearing and Nonpublic Hearing Applications. When an application requiring a public hearing is combined with an application that does not require a public hearing, the combined applications shall require a public hearing.

B.

City Council and/or Planning Commission as Highest Review Authority. When City Council and/or Planning Commission review is required for at least one of the applications for a project, the final decision on all applications shall be made by the highest review authority.

When the City Council is the highest review authority for a project, all review by other bodies with approval authority over the applications shall be in the form of a recommendation to the City Council.

When the Planning Commission is the highest review authority for a project, all review by other bodies with approval authority over the applications shall be in the form of a recommendation to the Planning Commission.

C.

Omitting Zoning Administrator Review. In order to eliminate redundant review and an unnecessary lengthening of the discretionary review process, it is appropriate to eliminate Zoning Administrator review of some applications. When combined applications are being processed for a project, and both Planning Commission and Zoning Administrator review are required, Zoning Administrator review shall be omitted and Planning Commission review substituted.

(Ord. 1172 § 3 (part), 1996)

A.

Purpose. .....This section defines procedures for public notification when required by this title. The purpose of this section is to ensure public awareness and full and open public discussion and debate regarding proposed actions being taken pursuant to this title.

B.

Notice of Public Hearings. .....A notice of public hearing is required for processes 2 to 5 in Section 17.12.060 that involve a public hearing action by the Zoning Administrator, Planning Commission, or City Council. The City Planner is authorized to advertise and notice Zoning Administrator and Planning Commission public hearings. The City Clerk is authorized to advertise and notice City Council public hearings. Table 17.12.020, Review Authority for Permits and Entitlements, identifies the applications that require a public hearing, as well as the review authorities for applications.

Notice of public hearings shall be given pursuant to applicable provisions of State law, Government Code Sections 65090 and 65091, and this title, including all of the following requirements which must be complied with at least 10 days prior to the public hearing:

1.

Publication. Publication in a newspaper of general circulation in the City of San Clemente; and

2.

Mailing Recipients. A notice of public hearing shall be mailed to the following:

a.

Owners of property within 300 feet of a site that is the subject of the public hearing. If the number of owners to whom notice would be mailed or delivered pursuant to this subsection is greater than 1,000, the City, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the City at least 10 days prior to the hearing;

b.

Local agencies expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, where ability to provide these facilities and services may be significantly affected;

c.

Persons requesting notice of such hearing;

d.

The City of San Clemente as owning property within a specified distance from the exterior boundaries of the subject property (radius of notice), unless the City is the sole applicant for the hearing that is the subject of the notice; and

3.

Notice Content. At a minimum, the notice of public hearing shall include all of the following:

a.

General subject of the public hearing;

b.

The location of the property that is the subject of the application;

c.

The date, time, and place of the public hearing;

d.

The Review Authority holding the public hearing; and

e.

The name, telephone number, and address of the City staff person to contact for additional information.

4.

Posting. Posting three notices adjacent to the subject property in conspicuous places facing the public street. Posting of public hearing notices may be delegated by the City Planner to the project applicant. If posting is delegated to the project applicant, notices must be provided to the applicant by the Planning Division.

5.

Affidavit of Mailing, Publication and/or Posting. Once a notice of public hearing has been given, in accordance with this Section, an affidavit shall be filed in the permanent records of the subject project, according to the following requirements:

a.

Mailing and Publication. The City Planner, if the hearing is held by the Zoning Administrator or Planning Commission, or the City Clerk, if the hearing is held by the City Council, shall be responsible for the affidavit of mailing and publication; and

b.

Posting. The City Planner, if the hearing is held by the Zoning Administrator or Planning Commission, or the City Clerk, if the hearing is held by the City Council, shall be responsible for the affidavit of posting. If posting is delegated to the project applicant, an affidavit of posting must be provided by the City and signed by the applicant or the applicant's representative.

C.

Failure of Any Person to Receive a Mailed Notice. .....Failure of any person to receive notice according to this Section shall not invalidate any proceedings.

D.

Materials for Notice Mailings. .....Applicants shall provide all necessary materials for each public notice required by this Title, including: one set of stamped, labeled envelopes; a mailing list in label format: a radius map (for mailings); and a signed form certifying all materials are accurate within six months of notice distribution.

(Ord. 1172 § 3 (part), 1996; Ord. No. 1575, § 3(Exh. A, § 22), 12-3-2013; Ord. No. 1759, § 3(Exh. A), 10-32023)

A.

.....Failure to provide any of the following information in the time period required for processing applications shall constitute a reason for denial of an application:

1.

Information that is to be supplied by the applicant and is necessary to prepare a legally adequate environmental document (Section 15109 of the State CEQA Guidelines);

2.

Information necessary to clarify, amplify, correct, or otherwise supplement the information required for the application; or

3.

Information without which the City's decision to approve a project would not be supported by substantial evidence.

B.

.....Denial for the above reasons may be deemed by the City to be a denial without prejudice to the

applicant's right to reapply for the same permit. Please refer to Section 17.12.170, New Application Following Denial, of this chapter for limitations on the resubmittal of projects.

(Ord. 1172 § 3 (part), 1996)

A.

Decision to Reconsider. .....Any application or conditions of approval that are acted upon by the Zoning Administrator, Planning Commission, or City Council may be reconsidered by the decision-making body if all of the following occur:

1.

Reconsideration is requested by a member who voted for the prevailing action upon the application;

2.

Reconsideration is agreed to by a simple majority of the members voting on this motion to reconsider;

3.

The motion to reconsider comes before the adjournment of the meeting at which the original vote was taken, or before the minutes of that meeting are approved by the City Council.

B.

Reconsideration. .....Reconsideration of a previous action by a decision-making body shall be processed in the following manner:

1.

The matter shall be publicly noticed in the same manner in which the original notice was given.

2.

Reconsideration should take place at the next regularly scheduled meeting of the decision-making body, following the decision to reconsider.

When reconsidering an action, the decision-making authority may review the action anew and is not limited to the original reason Stated for reconsideration.

(Ord. 1172 § 3 (part), 1996)

A decision that is subject to appeal shall not become effective until the time established for appeals, as defined in Section 17.12.140, Appeals of an Action, of this title, has expired, or in the case of an appeal being filed, after the final determination of the City Council upon the appeal.

(Ord. 1172 § 3 (part), 1996)

17.12.140 - Appeals of an Action.

A.

Appeals by the Public.

1.

Right to Appeal.

a.

Decisions of the Community Development Director or City Planner. Any person may appeal a decision of the Community Development Director and/or City Planner to the Planning Commission, except for a decision on a Wireless Permit. The Planning Commission's decision may be appealed to the City Council, whose decision shall be final. Appeals of decisions of the City Planner on Wireless Permits are governed by Section 17.16.075(b)(2).

b.

Decisions of the City Manager on City Antenna Permits. Any person may appeal a decision of the City Manager on City Antenna Permits to the Planning Commission. The Planning Commission's decision may by appealed to the City Council, whose decision shall be final.

c.

Decisions of the Zoning Administrator. Any person may appeal a decision of the Zoning Administrator to the Planning Commission. Then, the City Council will consider the Planning Commission's appeal decision according to Subsection (B).

d.

Decisions of the Planning Commission. Any person may appeal a decision of the Planning Commission to the City Council. The City Council's decision on the appeal shall be final.

2.

Time Limits for Filing an Appeal.

a.

Decisions of the Community Development Director or City Planner. Except for appeals on Wireless Permit decisions, an appeal of a decision made by the Community Development Director or City Planner shall be filed with the Planning Division within ten consecutive calendar days following the decision sought to be appealed. Appeals of decisions of the City Planner on Wireless Permits are governed by Section 17.16.075(b)(2).

b.

Decisions of the City Manager on City Antenna Permits. An appeal of a decision made by the City Manager on a City Antenna Permit shall be filed with the Planning Division within ten consecutive calendar days following the decision sought to be appealed.

c.

Decisions of the Zoning Administrator or Planning Commission. An appeal of the decision of the Zoning Administrator, or Planning Commission shall be filed in the office of the City Clerk or with the City Planner within ten consecutive calendar days following the decision sought to be appealed.

d.

Calculation of the Appeal Period. For the purpose of calculating the appeal period, the first day of the appeal period shall be the day immediately following the day on which the decision occurred. Other than appeals on Wireless Permits, the final day of the appeal period shall be the tenth calendar day following the first day of the appeal period, at 5:00 p.m. If the last day to appeal falls on a holiday or on a Saturday or Sunday, the following business day shall be deemed the last day to appeal.

3.

Application for Appeal. Appeals shall be in writing on a form obtained from the Planning Division or City Clerk. The appellant shall state the specific reasons for the appeal, submit funds to pay the required appeal fee, and submit public notification materials. Unless otherwise provided for in Table 17.12.100, Public Hearing Requirements, of this chapter public notification materials shall consist of postage pre-paid envelopes addressed to each person owning property within 300 feet of the property which is the subject of the appeal, as such names appear on the latest County equalized tax assessment role.

B.

Appeals by the City Council and Planning Commission.

1.

City Council Right to Appeal. The City Council may appeal any decision of the Zoning Administrator or Planning Commission by calling up the decision for consideration by the City Council, in accordance with Subsection (B)(4) of this section.

2.

Planning Commission Right to Appeal. The Planning Commission may appeal any decision of the Zoning Administrator by calling up the decision for consideration by the Planning Commission, in accordance with Subsection (B)(4) of this section.

3.

Time Limits for Appealing a Decision. An appeal by the City Council or Planning Commission shall be made by the time the official transmittal of the decision on an application is received and filed, through minutes, action memorandum or otherwise. A transmittal of a decision shall be provided to the appeal body at the next available regular or adjourned regular public meeting following the decision. In the instance of Zoning Administrator decisions, transmittal of the decision is provided to the City Council and Planning Commission concurrently.

4.

Appeal by Majority Vote. Appeals shall be initiated by a majority vote of the City Council or Planning Commission at a regular or adjourned regular public meeting. The appeal will be heard as a public hearing at a future meeting of the appealing body as indicated in Subsection (D).

C.

Public Notice of the Appeal. .....Notice of the public hearing on the appeal shall be provided as required in Section 17.12.100, Public Hearing and Notification, of this title. As indicated in Subsection (D) of this section, Time Limit for Hearing an Appeal, stamped envelopes for mailing the public hearing notices shall be provided by the appellant.

D.

Time Limit for Hearing an Appeal. .....Public hearings on appeals shall be held within 60 days of the date in which an appeal is initiated by application submittal (Subsection A.3), or a majority vote by a City appeal body (Subsection B.4). The City Clerk shall notify the applicant, in writing, of the date established for the public hearing within 10 days of receipt of a completed appeal application. The appellant must provide stamped envelopes for public notification, by 20 days prior to the scheduled hearing on the appeal, or the appeal shall be taken off the appeal body's calendar and the appellant shall have waived any and all rights to such appeal.

E.

Scope of Review. .....The body hearing the appeal shall not be limited to the issues raised on the appeal, but rather shall be entitled to review new evidence and to consider all elements of the appealed action. At the close of the public hearing on the appeal, the appellate body may reverse, affirm, revise or modify original action on the application being appealed.

F.

Effective Date of Appealed Actions. .....Please refer to Section 17.12.130, Effective Date of Decision on an Action, of this chapter, Effective Date of Decision.

(Ord. 1172 § 3 (part), 1996; Ord. No. 1690, § 5(Exh. C), 2-18-2020; Ord. No. 1759, § 3(Exh. A), 10-3-2023)

17.12.150 - Expiration of Approvals.

A.

Expiration of an Approved Application. .....An application approved in accordance with this title shall be deemed to have expired, when either of the following occur:

1.

When the activity permitted by the approved application is not commenced, as defined in Subsection (B) of this section, Commencement of a Permitted Activity, within the time period specified in the approval, or within three years if no time is specified. The time period during which a project must be commenced starts on the effective date of a decision approving a project, as defined in Section 17.12.130, Effective Date of Decision of an Action, of this Chapter.

2.

When the activity permitted by the approved application has lapsed, as defined in Subsection (C) of this section, Lapse of a Permitted Activity.

B.

Commencement of a Permitted Activity. .....An activity permitted by an approved application shall be deemed to have commenced on the following dates:

1.

For an activity requiring the issuance of a building permit, on the date that the building permit is issued for that development;

2.

For an activity not requiring the issuance of a building permit, on the date the use becomes operational and/or opens for business at such location.

C.

Lapse of a Permitted Activity. .....An activity permitted by an approved application shall be deemed to have lapsed at the following times:

1.

For an activity for which a building permit has been issued, but construction has not been completed, at such time that the building permit expires in accordance with the applicable sections of the Uniform Building Code as amended and adopted by the City;

2.

For an activity that has become operational or opened for business, one year after the date the activity ceases operation and/or the business closes at such location;

3.

For an activity engaged in the sale of alcohol for on- or off-site consumption and conforming to the use requirements of this title (including but not limited to the requirements to obtain such discretionary approvals as indicated in Section 17.28.040, or per the use tables in Chapters 17.32 through 17.48 of this title) at such time as conforming use has been discontinued for more than 90 consecutive calendar days, and thus is rebuttably presumed to have been abandoned.

a.

Where the discontinuance is for the purpose of repair, maintenance and aesthetic improvement, being conducted pursuant to building permits, the use shall not be considered lapsed until such discontinuance is for a period in excess of 180 days.

D.

Renewal of an Expired Application. .....Any approved application which has been allowed to expire shall be subject to the filing of a new application pursuant to Chapter 17.16, Applications, of this title.

(Ord. 1314 § 4, 2006; Ord. 1304 § 10, 2005; Ord. 1172 § 3 (part), 1996)

(Ord. No. 1546, § 3, 1-3-12)

A.

Authority. .....An extension of time may be issued for approved applications described in Chapter 17.16, Applications, of this title.

B.

Submittal of Extension Requests.

1.

Time Limits on Submitting Extension Requests. Unless otherwise provided by State law, extension requests for approved applications described in Chapter 17.16, Applications, of this title shall only be considered if the written request for the extension is filed with the City Planner prior to the approved application's expiration date.

2.

Method of Request. Requests for extensions shall be made in writing and shall state the reasons why an extension is needed.

C.

Review Authority.

1.

The Community Development Director shall be the final decision authority for time extensions, if both of the following criteria applies to a request:

a.

The Community Development Director determines there have been no code or policy changes that would substantially affect the application.

b.

The Community Development Director determines the original conditions of approval will apply to the proposed time extension or the Community Development Director determines amended conditions of approval, that differ from the original approval, are required, but the proposed time extension meets all of the follow criteria:

i.

The proposed changes are not expected to be of significant concern to the decision making authority that took action on the original application and to the general public.

ii.

The proposed project and conditions of approval do not have an adverse impact on surrounding properties or the environment that were not previously considered and addressed by the original decision making authority.

iii.

The proposed project continues to meet the required findings for approval.

iv.

The proposed project continues to comply with development standards.

v.

The proposed project continues to be consistent with applicable design guidelines and policies of the General Plan and Specific Plan, if applicable.

2.

If the Community Development Director determines a time extension request does not meet the criteria of Subsection 1., then the Community Development Director shall forward the time extension request to the decision making authority that approved the original application.

D.

Circumstances Under Which Extensions May Be Granted. .....An extension of the approval of a project may be granted if the current findings for the specific type of permit can be made.

E.

Time Duration of Extension. .....Time extensions shall be valid for two years unless stipulated otherwise.

(Ord. 1172 § 3 (part), 1996)

(Ord. No. 1546, § 4, 1-3-12)

The City shall not accept an application which is substantially similar to an application previously denied by the City within one year of the denial, unless the denial was made without prejudice. The determination of whether the application is substantially similar to a previously denied application shall be made by the City Planner, subject to the appeal provisions in Section 17.12.140, Appeals of an Action, of this chapter.

(Ord. 1172 § 3 (part), 1996)

17.12.175 - City Initiated Changes or Revocation of Approved Applications.

This section provides a process for the City to change or revoke approved applications when conditions of approval are violated, it is necessary to resolve a nuisance, and/or when applications contain incorrect, false, or misleading information.

A.

Review authority.

1.

Applications Approved at a Public Hearing. The City Council shall modify or revoke applications that were approved at a public hearing.

2.

Applications Approved Without a Public Hearing. The City Council or City Manager may modify or revoke an application that did not require a public hearing and was approved by the City Manager, Director of

Community Development, City Planner, or other member of City staff. City Manager decisions may be appealed per Section 17.12.140.

B.

When a public hearing is required. A public hearing is required to modify or revoke application, if the Zoning Ordinance required a public hearing for the original approval of the application.

C.

Required findings. The review authority shall meet one or more of the following findings to modify or revoke an approved application:

1.

Conditions of approval of the approved application(s) are being violated or are not being satisfied.

2.

The site or land use is being operated in a manner that constitutes a nuisance.

3.

The application contained incorrect, false, or misleading information.

(Ord. No. 1594, § 3(Exh. A, § 4), 5-5-2015; Ord. No. 1609/1610, § 6(Exh. D, 5), 11-17-2015)

Projects shall be developed in conformity with project approvals. If the applicant wishes to modify the project, as approved, the applicant shall submit revised plans and any other applicable information to the City for review by the City Planner. The City Planner shall make one of the following determinations regarding the request:

A.

Insignificant Modifications. If the City Planner determines that the modifications are minor, the modifications may be approved administratively.

B.

Significant Modifications Without Public Impact or Concern. If the City Planner determines that the modifications are significant enough to warrant discretionary review but will not have public impacts or cause public concern, then the modifications shall be referred to the Zoning Administrator for consideration. If the original application for a project required a public hearing, then the Zoning Administrator's review of modifications shall require a public hearing, in accordance with Section 17.12.100, Public Hearing and Notification, of this chapter.

C.

Significant Modifications with Public Impact or Concern. If the City Planner determines that the modifications are significant enough to warrant discretionary review and have the potential for public impact or concern, then the modifications shall be referred to the final decision-making authority for the original project. If the original application for a project required a public hearing, then the final decisionmaking authority's review of modifications shall require a public hearing, in accordance with Section 17.12.100, Public Hearing and Notification, of this chapter.

(Ord. 1172 § 3 (part), 1996)

(Ord. No. 1594, § 3(Exh. A, § 5), 5-5-2015)

All unexpired approved applications for which the activity permitted by the approved application has not commenced, as defined in Subsection (B) of Section 17.12.150, which were approved by the City prior to January 1, 2012, are hereby extended for one calendar year from the date they would have otherwise expired under this title.

(Ord. No. 1546, § 5, 1-3-12)

CHAPTER 17.16 - APPLICATIONS

These provisions are intended to prescribe the procedures for filing and processing specific applications when required or permitted by this title.

(Ord. 1172 § 3 (part), 1996)

A.

Purpose and Intent. .....The purpose of this section is to provide a method for amending the City of San Clemente's General Plan, as it may become necessary, or desirable from time to time, or as required by State law. It is intended that this section be consistent and in compliance with Section 65350 et seq. of the Government Code.

B.

Authority. .....The City Council is the final authority on General Plan amendments. The Planning Commission shall provide recommendations to the City Council regarding General Plan amendments.

The City Council may amend all or part of the General Plan, or any element thereof.

C.

Initiation of Amendments to the General Plan. .....An amendment to the General Plan or any element of the General Plan may be initiated by any of the following actions:

1.

A majority vote of the City Council;

2.

The filing of an application from a property owner(s) or his/her(their) authorized agent(s).

D.

Restriction on Number of Amendments. .....Except as otherwise provided in State law, no mandatory element of the General Plan shall be amended more frequently than four times during any calendar year. Each amendment may include more than one change to the General Plan. Please refer to the Planning Division's policy document detailing the deadlines for General Plan amendment applications.

E.

Restriction on Timing of Amendments. .....Individual General Plan amendments submitted by specific deadlines shall be grouped and processed as one General Plan amendment within each quarter of the year. Processing guidelines and deadlines for submittal of General Plan amendments are available from the Planning Division.

F.

Submittal Requirements. .....Please refer to the submittal requirements in Section 17.12.040, Filing an Application, and Section 17.12.060, Applications Requiring Additional Information, of this title.

G.

Referral of Proposed Amendments. .....General Plan amendments shall be referred to persons and agencies specified in Section 65352 of the Government Code.

H.

Review Procedures.

1.

Planning Commission Review.

a.

Following receipt of a completed application or direction from the City Council, and completion of required environmental documentation, a public hearing before the Planning Commission shall be noticed and held in compliance with Section 17.12.100, Public Hearing and Notification, of this title.

b.

After completion of the Planning Commission hearing, the Planning Commission shall recommend to the City Council that the proposed amendment be approved, approved in modified form, or denied. A recommendation for approval or approval with modifications and/or conditions shall require an affirmative

vote of a majority of the total membership of the Planning Commission. Failure to obtain an affirmative vote of a majority of the total membership shall result in a resolution for denial being forwarded to the City Council. The resolution, once approved by the Planning Commission, shall be forwarded to the City Council.

2.

City Council Review.

a.

Following receipt of a recommendation on the amendment from the Planning Commission, the City Council shall conduct a public hearing in compliance with Section 17.12.100, Public Hearing and Notification, of this title.

b.

After completion of the public hearing, the City Council may approve, approve with modifications and/or conditions, or deny any proposed amendment. If the City Council is contemplating approval of the amendment with substantial modifications that weren't considered by the Planning Commission, the modifications shall be referred back to the Planning Commission for review and recommendation, in accordance with State law and Subdivision 3 of this subsection, Planning Commission Review of Substantial Modifications. Following the Planning Commission's review and recommendations regarding substantial modifications, the City Council shall take final action on the amendment. Approval or approval with modifications and/or conditions shall require an affirmative vote of a majority of the total membership of the Council.

3.

Planning Commission Review of Substantial Modifications. When the City Council has referred substantial modifications to an amendment back to the Planning Commission because the modifications were not previously considered by the Commission, the following rules shall apply:

a.

The Commission's review of the modifications shall not require a public hearing.

b.

The Planning Commission shall have 45 days from the date of the City Council meeting at which the referral was made to make their recommendation. If the Planning Commission does not provide a recommendation to the City Council within the 45-day period, the modification to the amendment shall be deemed recommended for approval.

c.

The Planning Commission shall indicate their recommendation regarding the modifications by resolution. The resolution, once approved, shall be forwarded to the City Council. A recommendation for approval of

the proposed modifications shall require an affirmative vote of a majority of the total membership of the Planning Commission.

I.

Required Findings. .....Prior to the approval of a General Plan amendment, all of the following findings shall be made:

1.

The proposed amendment is internally consistent with those portions of the General Plan which are not being amended.

2.

The proposed amendment will not adversely affect the public health, safety, and welfare.

J.

Approval Runs with the Land. .....The approval of a General Plan amendment shall run with the land, and shall continue to be valid upon a change of ownership of the site to which it applies.

(Ord. 1172 § 3 (part), 1996)

17.16.030 - Specific Plan Adoption and Amendments.

A.

Purpose and Intent. .....It is the purpose and intent of this section to provide a method for the adoption of specific plans. In addition, it is the purpose of this section to provide a method for amending specific plans to ensure their continued effectiveness and responsiveness to community concerns and market demands over time. It is intended that the provisions of this section shall be consistent with Section 65450 et seq. of the Government Code.

Additional information regarding specific plan zones can be found in Chapter 17.52, Specific Plan and Study Area Zones and Standards.

B.

Authority. .....The City Council is the final authority on new specific plans and specific plan amendments. The Planning Commission shall provide recommendations to the City Council regarding specific plans and their amendment.

C.

Applicability. .....Specific plans are required prior to any development within zones with the SP (Specific Plan) zoning designation. Please refer to Chapter 17.52, Specific Plan and Study Area Zones and Standards, of this title for more information regarding the SP zoning designation.

D.

Initiation of Specific Plan Adoption and Amendments. .....Specific plans and/or amendments shall be initiated in the same manner as amendments to the General Plan.

E.

Submittal Requirements. .....Please refer to the submittal requirements in Section 17.12.040, Filing an Application, and Section 17.12.060, Applications Requiring Additional Information, of this title.

F.

Review Procedures.

1.

Preapplication Review. Prior to submitting an application for a specific plan or a specific plan amendment, the applicant or prospective developer shall apply for a preapplication review conference with the City Planner. Please refer to Section 17.12.030, Preapplication Review, of this title for the general purpose and intent of preapplication review. Along with fulfilling the general purpose of preapplication review, the preapplication conference for specific plans and/or amendments shall include a determination, by the City, of who will be responsible for the preparation of the specific plan;

Following the preapplication conference the City Planner shall provide the applicant with written comments summarizing the major issues and conclusions resulting from the conference.

2.

Application Review. Specific plans and specific plan amendments shall be reviewed, adopted and amended in the same manner as General Plan amendments. Please refer to Section 17.16.020(H), Review Procedures, of this chapter.

G.

Required Findings. .....Prior to the approval of a new specific plan or a specific plan amendment, the following findings shall be made:

1.

The proposed specific plan or specific plan amendment is consistent with the goals, objectives, policies, and programs of the General Plan, and is necessary and desirable to implement the provisions of the General Plan.

2.

The uses proposed in the specific plan or specific plan amendment are compatible with adjacent uses and properties.

3.

The proposed specific plan or specific plan amendment will not adversely affect the public health, safety and welfare.

In the case of a specific plan amendment, the following additional finding shall be made prior to its adoption:

4.

The proposed specific plan amendment will not create internal inconsistencies within the specific plan.

H.

Recordation of the Adoption of Specific Plans. .....When specific plans are adopted, the Zoning Map shall be revised accordingly and the pre-specific plan zoning designation shall be replaced with the newly approved specific plan designation.

I.

Approval Runs with the Land. .....The approval of a specific plan amendment shall run with the land, and shall continue to be valid upon a change of ownership of the site to which it applies.

(Ord. 1172 § 3 (part), 1996)

A.

Purpose and Intent. .....The purpose of this section is the establishment of procedures for amending the Zoning Ordinance. Amendments to the Zoning Ordinance are necessary to maintain its effectiveness as a regulatory and informational document and to ensure its consistency with the General Plan, adopted specific plans and State law. Zoning amendments are also necessary to provide for the implementation of the City's General Plan.

B.

Authority. .....The City Council is the final authority on zoning amendments, including amendments to the Zoning Map. The Planning Commission shall provide recommendations to the City Council regarding zoning amendments.

Amendments to zone boundaries or text of this title that are not consistent with the General Plan must be accompanied by a General Plan amendment application.

C.

Initiation of Amendments to the Zoning Ordinance or Zoning Map. .....Zoning amendments and/or amendments to the Zoning Map shall be initiated in the same manner as amendments to the General Plan.

D.

Submittal Requirements. .....Please refer to the submittal requirements in Section 17.12.040, Filing an Application, and Section 17.12.060, Application Requiring Additional Information, of this title.

E.

Review Procedures. .....Zoning amendments and/or amendments to the Zoning Map shall be reviewed in the same manner as the General Plan. Please refer to Section 17.16.020(H), Review Procedures, for application procedures.

F.

Required Findings.

1.

General Findings. Prior to approval of a zoning amendment or amendment to the zoning maps, the following findings shall be made:

a.

The proposed amendment is consistent with the General Plan.

b.

The proposed amendment will not adversely affect the public health, safety and welfare.

2.

Specific Findings. In addition to the general findings required in Subdivision 1 of this subsection, specific findings shall be made prior to the approval of a zoning amendment to add the Planned Residential District Overlay to a site, in accordance with Section 17.56.040(G), Required Findings, of this title.

G.

Pre-Zoning.

1.

For the purpose of establishing zoning regulations that would become effective only upon annexation, property outside the corporate boundaries of the City, but within the sphere of influence, may be given "pre-zoning" designations. Pre-zoning designations shall be established in accordance with the procedures prescribed within this section for zoning amendments and/or amendments to Zoning Maps.

2.

Upon passage of an ordinance establishing the applicable pre-zoning designation for property outside the City, the Zoning Map shall be revised to identify each zone or zones applicable to such property with the label of "Pre-," in addition to such other map designation as may be applicable.

3.

Following annexation of property with a pre-zoning designation, the Zoning Map shall be revised to remove the pre-zoning designation and to apply the correct zoning designation.

H.

Recordation of Zoning Map Amendments. .....A change in zone boundaries shall be indicated by revising the Zoning Map and by listing on the Zoning Map the number of the ordinance amending the map.

I.

Approval Runs with the Land. .....The approval of a zoning amendment shall run with the land, and shall continue to be valid upon a change of ownership of the site to which it applies.

(Ord. 1172 § 3 (part), 1996)

Editor's note— Ord. No. 1759, § 3(Exh. A), adopted Oct. 3, 2023, repealed § 17.16.050, which pertained to site plan permits and minor site plan permits and derived from Ord. 1172 § 3 (part), adopted 1996; Ord. 1304 §§ 11—12, adopted 2005; Ord. 1314 § 5, adopted 2006; Ord. No. 1548, § 3(Exh. C, § 1), adopted March 6, 2012; Ord. No. 1561, § 3(Exh. A, § 1), adopted Nov. 27, 2012; Ord. No. 1575, § 3(Exh. A, § 3), adopted Dec. 3, 2013; and Ord. No. 1594, § 3(Exh. A, § 7), adopted May 5, 2015.

A.

Purpose and Intent. .....It is the purpose and intent of the Conditional Use Permit process to provide for the review of uses that may, because of their nature, have an impact on the surrounding environment and for the determination of whether or not the proposed use is appropriate for its proposed location. The Conditional Use Permit process is intended to encourage uses to be located in a manner that is: 1) consistent with the City's zones; 2) sensitive to community and neighborhood identity; and 3) minimizes impacts to adjacent uses. Review of a use may require the consideration of site plan issues related to the use, as well. For a discussion of the purpose of site plan review, please refer to Section 17.16.050(A), Purpose and Intent, in this chapter.

B.

Review Authority. .....The review authority for Conditional Use Permits is as follows:

1.

Planning Commission. The Planning Commission is the review authority for Conditional Use Permits, except for requests to exceed height limitations on sites with sloping topography in the Mixed Use 3.0 Zone (Table 17.40.43) and Mixed Use 3.3 Zone (Table 17.40.46). For these requests, the Planning Commission is an advisory body that reviews applications and forwards a recommendation to the City Council.

2.

City Council. The City Council is the review authority for requests to exceed height limitations on sites with sloping topography in the Mixed Use 3.0 Zone (Table 17.40.43) and Mixed Use 3.3 Zone (Table 17.40.46).

Concurrent Review. If a Conditional Use Permit is processed concurrently with other applications, refer to Section 17.12.090 for the final review authority.

4.

Appeal of an Action. If a Conditional Use Permit is appealed, the City Council is the final review authority per Section 17.12.140, Appeals of an Action.

C.

Applicability. .....Conditional Use Permits are required as indicated by the use tables in Chapters 17.32, Residential Zones and Standards, through 17.48, Public Zones and Standards, in this Title. Conditional Use Permits are also required for the following requests:

D.

Submittal Requirements. .....Please refer to the submittal requirements in Section 17.12.040, Filing an Application, and Section 17.12.060, Applications Requiring Additional Information.

E.

Application Filing, Processing, and Review.

1.

Application Filing. The review process is initiated when the Planning Division receives an application package. The application package shall include the required information and materials specified in the application and any additional information required by the City Planner or review authority to conduct a thorough review of the proposed project.

2.

Application Review. Each application shall be reviewed to ensure that proposals are consistent with the purpose of this chapter; applicable development standards, policies, regulations, and guidelines.

a.

Development Management Team Review. The Development Management Team reviews an application to determine if it is complete and complies with applicable development standards, policies, regulations, and guidelines. Within 30 calendar days of application filing, the applicant is notified if their application is complete or if information is needed to complete the application and resume the review process. The Development Management Team also makes comments and recommendations to provide helpful information to applicants and notify them when a proposal does not comply with development standards, policies, regulations, and guidelines.

b.

Environmental Review. After an application is complete, the project shall be reviewed in compliance with the California Environmental Quality Act to determine if environmental studies are required. If studies are required then they shall be completed at the applicant's expense, which may involve the selection of a consultant.

c.

Design Review Subcommittee. The Design Review Subcommittee shall review proposals for new wireless antenna projects and development standard exceptions. The Design Review Subcommittee is an advisory body that reviews design issues and provides a recommendation to the review authority per procedures in Section 17.12.025.

3.

Public Hearing and Appeal Provisions.

a.

Public hearing is required. A public hearing and notification shall be conducted in compliance with Section 17.12.100.

b.

The review authority shall review the proposed project and approve, approve with conditions, or deny the application at a public hearing based on an ability to meet required findings.

c.

The review authority's decision may be appealed per Section 17.12.140.

F.

Required Findings.

1.

General Findings. Prior to approval of an application for a Conditional Use Permit (other than for a multifamily dwelling with five or more units, which is addressed in subsection F.2 below), all of the following findings shall be made:

a.

The proposed use is permitted within the subject zone pursuant to the approval of a Conditional Use Permit and complies with all the applicable provisions of this title, the San Clemente General Plan and the purpose and intent of the zone in which the use is being proposed.

b.

The site is suitable for the type and intensity of use that is proposed.

c.

The proposed use will not be detrimental to the public health, safety or welfare, or materially injurious to properties and improvements in the vicinity.

d.

The proposed use will not negatively impact surrounding land uses.

2.

Prior to approval of a Conditional Use Permit, a multifamily dwelling with five or more units, only the following findings must be made: those in subsection F.l.a and b. and a finding that the proposed use will not be detrimental to the public health and safety to properties and improvements in the vicinity.

3.

Specific Findings. In addition to the general findings required in subsection F.1, above specific findings shall be made prior to the approval of an application for a Conditional Use Permit for the following requests, as follows:

G.

Appeals. .....An appeal of the action on a Conditional Use Permit shall be reviewed in accordance with Section 17.12.140, Appeals of an Action.

H.

Modifications Requested by the Applicant. .....Modifications to approved Conditional Use Permits shall be reviewed in accordance with Section 17.12.180, Modifications of an Approved Application.

I.

Modifications and/or Revocations Initiated by the City. .....The City may make changes or revoke the approval of applications when conditions of approval are violated, it is necessary to resolve a nuisance, and/or when the application contained incorrect, false, or misleading information. Refer to Section 17.12.175 for related procedures and required findings. For antennas on City property, a Conditional Use Permit may also be revoked or modified if other findings can be met pursuant to Section 17.28.070(G).

J.

Other Review Requirements. .....Refer to Chapter 17.12, Development Review Process, for general review process requirements and procedures, such as time limits on approvals, time extensions, and the review of multiple applications concurrently.

K.

Mandatory Condition of Approval for Alcohol Sales Establishments. .....For all Conditional Use Permits which are approved for sale of alcohol for on- or off-site consumption pursuant to Section 17.28.040, or per the use tables in Chapters 17.32 through 17.48 of this title, the Planning Commission shall place the following mandatory condition of approval: "The applicant shall be responsible for ensuring that all employees receive 'Responsible Alcoholic Beverage Service' training as offered through programs established by the Orange County Health Care Agency and Alcoholic Beverage Control of the State of

California. Evidence of such training and the training records of all employees shall be maintained on-site during business hours, and made available for inspection upon request." This mandatory condition of approval may be modified to allow corporate training programs or other alcohol sales responsibility programs if such modification is found by the Planning Commission to provide training on the sale and dispensing of alcohol by employees which is the equivalent of Responsible Alcoholic Beverage Service training.

L.

Approval Runs with the land. .....The approval of a Conditional Use Permit shall run with the land, and shall continue to be valid upon a change of ownership of the site to which it applies.

(Ord. 1319 §§ 8, 9, 2006; Ord. 1442 § 3, 2007; Ord. 1314 §§ 6—7, 2006; Ord. 1304 § 13, 2005; Ord. 1252 §§ 4, 5, 2001; Ord. 1237 § 2, 1999; Ord. 1190 §§ 2, 3, 1997; Ord. 1182 §§ 2, 3, 1997; Ord. 1172 § 3 (part), 1996)

(Ord. No. 1489, § § 5, 6, 7-7-2009; Ord. No. 1548, § 3(Exh. C, §§ 2, 3), 3-6-2012; Ord. No. 1561, § 3(Exh. A, § 2), 11-27-2012; Ord. No. 1575, § 3(Exh. A, § 4), 12-3-2013; Ord. No. 1594, § 3(Exh. A, § 8), 5-5-2015; Ord. No. 1609/1610, § 6(Exh. D, 3, 4, 6), 11-17-2015; Ord. No. 1652, § 4, 5-15-2018; Ord. No. 1759, § 3(Exh. A), 10-3-2023)

17.16.070 - Minor Conditional Use Permits.

A.

Purpose and Intent. .....It is the purpose of the Minor Conditional Use Permit process to provide for the streamlined review of uses that may have an impact on the surrounding environment and require discretionary review, but due to their nature, scale or location, do not require discretionary consideration by the Planning Commission. The Minor Conditional Use Permit process has as its purpose the same goals for uses described for the Conditional Use Permit process included in Section 17.16.060(A), Conditional Use Permits, Purpose and Intent, of this chapter.

B.

Authority. .....The Zoning Administrator is the final authority on Minor Conditional Use Permits, subject to the concurrent review and appeal provisions of Sections 17.12.090, Consideration of Concurrent Applications, and 17.12.140, Appeals of an Action. The Zoning Administrator has the discretion to refer applications to the Planning Commission for review and final action.

C.

Applicability. .....Minor Conditional Use Permits are required as indicated by the use tables in Chapters 17.32, Residential Zones and Standards through 17.48, Public Zones and Standards. Minor Conditional Use Permits are also required for the following requests:

1.

Outdoor dining areas per Section 17.16.205(C), Review Requirements;

2.

Outdoor display, permanent, accessory, as provided for in Section 17.28.210(B), Review Requirements;

3.

Waivers of fees/development standards for Historic Resources and Landmarks per Section 17.16.180;

4.

Relocations of structures, as provided for in Section 17.24.160, Relocation of Structures;

5.

Parking modifications for the Downtown Parking Study Area, as provided for in Section 17.64.125(A), Waivers of Parking Requirements in the Downtown Parking Study Area;

6.

Parking modifications for outdoor dining for a restaurant, as provided for in Section 17.28.205(D)(5), Parking, and Section 17.64.125(B), Waivers of Parking Requirements Outside the Downtown Parking Study Area.

7.

Elevator towers that exceed the height limits of the zone in which they are located by more than six feet.

8.

Off-site parking according to Section 17.64.110.

9.

Shared parking according to Section 17.64.120.

D.

Submittal Requirements. .....Please refer to the submittal requirements in Section 17.12.040, Filing an Application, and Section 17.12.060, Applications Requiring Additional Information.

E.

Application Filing, Processing, and Review.

1.

Application Filing. The review process is initiated when the Planning Division receives an application package, The application package shall include the required information and materials specified in the application and any additional information required by the City Planner or review authority to conduct a thorough review of the proposed project.

2.

Application Review. Each application shall be reviewed to ensure that proposals are consistent with the purpose of this chapter; applicable development standards, policies, regulations, and guidelines.

a.

Development Management Team Review. The Development Management Team reviews an application to determine if it is complete and complies with applicable development standards, policies, regulations, and guidelines. Within 30 calendar days of application filing, the applicant is notified if their application is complete or if information is needed to complete the application and resume the review process. The Development Management Team also makes comments and recommendations to provide helpful information to applicants and notify them when a proposal does not comply with development standards, policies, regulations, and guidelines.

b.

Environmental Review. After an application is complete, the project shall be reviewed in compliance with the California Environmental Quality Act to determine if environmental studies are required. If studies are required, then they shall be completed at the applicant's expense, which may require consultant services.

3.

Public Hearing and Appeal Provisions.

a.

Public hearing is required. A public hearing and notification shall be conducted in compliance with Section 17.12.100.

b.

The review authority shall review the proposed project and approve, approve with conditions, or deny the application at a public hearing based on an ability to meet required findings.

c.

The review authority's decision may be appealed per Section 17.12.140.

F.

Required Findings.

1.

General Findings. Prior to approval of an application for a Minor Conditional Use Permit, the same findings shall be made as required for approval of a Conditional Use Permit.

2.

Specific Findings. In addition to the general findings required in Subsection (F)l., above, specific findings shall be made prior to the approval of an application for a minor Conditional Use Permit for the following requests, as follows:

a.

Outdoor dining areas per Section 17.28.205(E), Required Findings;

b.

Parking modifications for the Downtown Parking Study Area, specific findings in accordance with Section 17.64.125(A) (Waivers of Parking Requirements),The Downtown Parking Study Area, of this title;

c.

Parking modifications for outdoor dining for a restaurant, as provided for in Section 17.64.125(B)(7), Waivers of Parking Outside the Downtown Parking Study Area.

d.

Shared Parking findings according to Section 17.64.120.

G.

Appeals. .....An appeal of the action on a Minor Conditional Use Permit shall be reviewed in accordance with Section 17.12.140, Appeals of an Action.

H.

Modifications Requested by the Applicant. .....Modifications to approved Minor Conditional Use Permits shall be reviewed in accordance with Section 17.12.180, Modifications of an Approved Application.

I.

Modifications and/or Revocations Initiated by the City. .....The City may make changes or revoke the approval of applications when conditions of approval are violated, it is necessary to resolve a nuisance, and/or when the application contained incorrect, false, or misleading information. Refer to Section 17.12.175 for related procedures and required findings.

J.

Other Review Requirements. .....Refer to Chapter 17.12, Development Review Process, for general application processing requirements, such as time limits on approvals, time extensions, and the review of multiple applications concurrently.

K.

Mandatory Condition of Approval for Alcohol Sales Establishments. .....For all Minor Conditional Use Permits which are approved for sale of alcohol for on- or off-site consumption pursuant to Section 17.28.040, or per the use tables in Chapters 17.32 through 17.48 of this title, the Zoning Administrator shall

place the following mandatory condition of approval: "The applicant shall be responsible for ensuring that all employees receive 'Responsible Alcoholic Beverage Service' training as offered through programs established by the Orange County Health Care Agency and Alcoholic Beverage Control of the State of California. Evidence of such training and the training records of all employees shall be maintained on-site during business hours, and made available for inspection upon request." This mandatory condition of approval may be modified to allow corporate training programs or other alcohol sales responsibility programs if such modification is found by the Zoning Administrator to provide training on the sale and dispensing of alcohol by employees which is the equivalent of Responsible Alcoholic Beverage Service training.

L.

Approval Runs with the land. .....The approval of Minor Conditional Use Permits shall run with the land, and shall continue to be valid upon a change of ownership of the site to which it applies.

(Ord. 1314 § 8, 2006; Ord. 1237 § 3, 1999; Ord. 1190 §§ 4, 5, 1997; Ord. 1182 §§ 4, 5, 1997; Ord. 1172 § 3 (part), 1996)

(Ord. No. 1548, § 3(Exh. C, § 4), 3-6-2012; Ord. No. 1561, § 3(Exh. A, § 3), 11-27-2012; Ord. No. 1594, § 3(Exh. A, § 9), 5-5-2015; Ord. No. 1652, § 4, 5-15-2018; Ord. No. 1759, § 3(Exh. A), 10-3-2023)

17.16.075 - Wireless Permits.

A.

Purpose and Intent. .....It is the purpose of this Section to establish a process for managing, and uniform standards for acting upon, requests for the placement of Small Cell Facilities consistent with the City's obligation to promote the public health, safety, and welfare, and to manage the public rights-of-way, and to ensure that the public is not incommoded by the use of the public rights-of-way for the placement of wireless facilities. The City recognizes the importance of wireless facilities to provide high-quality communications service to the residents and businesses within the City, and the City also recognizes its obligation to comply with applicable Federal and State law regarding the placement of personal wireless services facilities.

B.

Authority.

1.

The City Planner is the reviewing authority for applications to install or modify small cell facilities in the City. The City Planner shall make decisions on such applications and has the authority to, among all other actions related to the processing of applications, issue application forms and materials and issue conditions of approval for a wireless permit. If the City Planner determines that the applicant has established that denial of an application would, within the meaning of federal law, prohibit or effectively prohibit the provision of personal wireless services, or otherwise violate applicable laws or regulations, then the applicable requirements of this Code and any related design and development standards may be waived, but only to the minimum extent required to avoid the prohibition or violation.

2.

Any person may appeal the City Planner's decision to the Community Development Director. Notwithstanding Section 17.12.140(A)(2)(a), all appeals must be filed within three (3) business days of the written decision of the City Planner, unless the Community Development Director extends the time therefore. An extension may not be granted where extension would result in approval of the application by operation of law. The appeal must be filed with a short and plain statement about the basis for the appeal, which may be supplemented after the appeal period has expired but before the appeal decision. Appeals of an approval shall not be permitted when based solely on the environmental effects from radiofrequency emissions that are compliant with applicable FCC regulations and guidelines. An appeal by a wireless infrastructure provider must be taken jointly with the wireless service provider that intends to use the personal wireless services facility. The Community Development Director may decide the issues de novo. Notwithstanding Section 17.12.140(A)(1)(a), the Director's written decision will be the final decision of the City. Any appeal shall be conducted so that a timely written decision may be issued in accordance with applicable law.

C.

Applicability.

1.

In general.

a.

There shall be a type of permit entitled a "Wireless Permit," which shall be subject to all of the requirements of this Section and other applicable portions of the Code. Unless exempted, every person who desires to place a small cell facility must obtain a Wireless Permit authorizing the placement or modification in accordance with this Code.

b.

All facilities with pending applications as of the effective date of the ordinance codified in this Section shall be subject to and comply with all provisions of this Section and other applicable portions of the Code, including the design and development standards adopted pursuant to Section 17.28.240(C)(4)(a).

2.

Exemptions. This Section does not apply to: (a) The placement or modification of facilities by the City or by any other agency of the state solely for public safety purposes; or (b) Installation of a "cell on wheels," "cell on truck" or a similar structure for a temporary period in connection with an emergency or event, but no longer than required for the emergency or event, provided that installation does not involve excavation, movement, or removal of existing facilities.

3.

Other applicable requirements. In addition to the Wireless Permit required herein, the placement of a small cell facility in the City requires the persons who will own or control those facilities to obtain all permits

required by applicable law, and to comply with applicable law, including, but not limited, applicable law governing radio frequency (RF) emissions.

D.

Application Filing. .....Applicant shall submit in person a paper copy and an electronic copy of any application, amendments, or supplements to an application, or responses to requests for information regarding an application to: City of San Clemente City Planner, at 910 Calle Negocio, San Clemente, 92673.

1.

Pre-submission meeting. Prior to filing an application for a wireless permit, an applicant is encouraged to schedule a pre-application meeting with the City Planner to discuss the proposed facility, the requirements of this Code, and any potential impacts of the proposed facility.

2.

Application content. An applicant shall submit an application on the form approved by the City Planner, which may be updated from time-to-time, but in any event shall require the submission of all required fee(s), documents, information, and any other materials necessary to allow the City Planner to make required findings and ensure that the proposed facility will comply with applicable federal and state law, the City Code, and will not endanger the public health, safety, or welfare. If no form has been approved, applications must contain all information necessary to show that applicant is entitled to the wireless permit requested, and must specify whether the applicant believes state or federal law requires action on the application within a specified time period.

3.

Fees. Application fee(s) shall be required to be submitted with any application for a Wireless Permit. The City Council is hereby authorized to determine, or cause to be determined, the amount, type, and other terms of such fee(s) from time to time by means of resolution. Notwithstanding the foregoing, no application fee(s) shall be refundable, in whole or in part, to an applicant for a Wireless Permit unless paid as a refundable deposit.

4.

Incompleteness. Wireless permit applications will be processed, and notices of incompleteness provided, in conformity with state, local, and federal law. If such an application is incomplete, the City Planner shall notify the applicant in writing specifying the required material omitted from the application.

5.

Automatic withdrawal of incomplete applications. Any application for a wireless permit shall be automatically deemed withdrawn by the applicant when the applicant fails to submit a substantive response to the City Planner within 90 calendar days from the date the application is deemed incomplete by written notice. For purposes of implementing this section, "substantive response" must include, at a minimum, the materials identified as incomplete in the written incomplete notice, and a written response to each comment included in the incomplete notice.

E.

Requests for Exceptions.

1.

Generally. If the applicant demonstrates that the strict application of this Section would result in the effective prohibition of personal wireless service or otherwise violate state or deferral law, an exception may be granted by the City to the standard or standards causing the effective prohibition, but only to the minimum extent required to avoid the prohibition or violation; all other provisions, standards, and criteria would remain in effect.

2.

Burden of proof. The applicant shall have the burden to prove to the City that the exception should be granted.

3.

Timing of request. Requests for exception made by the applicant may only be made at the time of initial application.

F.

No Public Hearing; Public Notice; and Appeal Provisions.

1.

There are no public hearings for applications for Wireless Permits.

2.

A Notice of Application shall be mailed by the City to all property owners within 300 feet of the subject site no more than 10 calendar days following submittal of an application for a Wireless Permit. The Notice of application shall contain the precise location and description of the proposed facility. The Notice of Application shall also contain a description of the administrative process for determinations on Wireless Permits.

3.

The City may, in its discretion, send a courtesy notice of the date a decision on a Wireless Permit application will be rendered by the reviewing authority at least 10 calendar days in advance of the decision date to the applicant and to all property owners within 300 feet of the subject site. Decisions will be posted on the City's website the date that the decision is rendered. Notices pursuant to this section shall be provided both for the decision on an application as well as any appeal decision.

4.

The reviewing authority's decision may be appealed per Section 17.16.075(B)(2).

G.

Required Findings; Decisions; Consultants.

1.

Findings Required for Approval.

a.

The City Planner or Community Development Director, as the case may be, shall approve an application for a Wireless Permit if, on the basis of the application and other materials or evidence provided in review thereof, it finds the following:

i.

The proposed project complies with all applicable Design and Development Standards or findings have been made for an exception;

ii.

The proposed project is in a preferred location, or the findings have been made for an exception;

iii.

The proposed project fits within the definition of "small cell facility;"

iv.

The applicant has demonstrated that the proposed project will be in planned compliance with all applicable FCC regulations and guidelines for human exposure to radiofrequency emissions; and

v.

The required notice(s) have been given in accordance with this title.

b.

For requests for exceptions to the small cell Design and Development Standards, the City Planner or Community Development Director, as the case may be, shall approve a request for exception if, on the basis of the application and other materials or evidence provided in review thereof, it finds the following:

i.

A denial of the facility based on the application's noncompliance with a specific provision or requirement would violate state law, federal law, or both; and

ii.

That the exception deviates from this Section and/or the Design and Development Standards to the least extent necessary to prevent a violation of federal or state law or both.

2.

Decisions. Decisions on an application by the City Planner or Community Development Director shall be in writing and include the reasons for the decision. Decisions shall be posted on the City's website and mailed to the applicant. Decisions on appeals shall also be mailed to the person or entity who appealed the decision, if different than the applicant.

3.

Independent Consultants. The City Planner or Community Development Director, as the case may be, is authorized, in its discretion, to select and retain independent consultant(s) with expertise in telecommunications in connection with the review of any application under this Section. Such independent consultant review may be retained on any issue that involves specialized or expert knowledge in connection with an application, including, but not limited to, application completeness or accuracy, structural engineering analysis, or compliance with FCC radio frequency emissions standards.

H.

Conditions of Approval. .....The City Planner or Community Development Director, as the case may be, shall impose conditions on all permits granted pursuant to this Section. A list of standard conditions for Wireless Permit approvals is maintained by and available from the Planning Division.

(Ord. No. 1690, § 4(Exh. B), 2-18-2020)

A.

Purpose and Intent. .....The purpose and intent of the variance process is to provide relief from development standards in special circumstances. For a variance to be granted, special circumstances related to a property must exist which deprive the property owner of development privileges enjoyed by other property owners in the vicinity and same zone; the deprivation of these privileges must result in a hardship for the property owner. The variance process is not intended to allow the granting of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated.

A Minor Exception Permit Process has been established to provide for minor deviations from the development standards in the Zoning Ordinance. Please refer to Section 17.12.090, Minor Exception Permits, of this chapter.

B.

Authority. .....The Planning Commission is the final authority on variances, subject to the concurrent review and appeal provisions of Sections 17.12.090, Consideration of Concurrent Applications, and 17.12.140, Appeals of an Action.

C.

Applicability. .....Unless indicated otherwise by this title, a variance is required to deviate from any of the standards contained within the Zoning Ordinance.

D.

Submittal Requirements. Please refer to the submittal requirements in Section 17.12.040, Filing an Application, and Section 17.12.060, Applications Requiring Additional Information.

E.

Application Filing, Processing, and Review.

1.

Application Filing. The review process is initiated when the Planning Division receives an application package. The application package shall include the required information and materials specified in the application and any additional information required by the City Planner or review authority to conduct a thorough review of the proposed project.

2.

Application Review. Each application shall be reviewed to ensure that proposals are consistent with the purpose of this chapter; applicable development standards, policies, regulations, and guidelines.

a.

Development Management Team Review. The Development Management Team reviews an application to determine if it is complete and complies with applicable development standards, policies, regulations, and guidelines. Within 30 calendar days of application filing, the applicant is notified if their application is complete or if information is needed to complete the application and resume the review process. The Development Management Team also makes comments and recommendations to provide helpful information to applicants and notify them when a proposal does not comply with development standards, policies, regulations, and guidelines.

b.

Environmental Review. After an application is complete, the project shall be reviewed in compliance with the California Environmental Quality Act to determine if environmental studies are required. If studies are required, then they shall be completed at the applicant's expense, which may require consultant services.

c.

Design Review Subcommittee review. The Design Review Subcommittee shall review applications. The Design Review Subcommittee is an advisory body that reviews design issues and provides a recommendation to the review authority per procedures in Section 17.12.025.

3.

Public Hearing and Appeal Provisions.

a.

Public hearing is required. A public hearing and notification shall be conducted in compliance with Section 17.12.100.

b.

The review authority shall review the proposed project and approve, approve with conditions, or deny the application at a public hearing based on an ability to meet required findings.

c.

The review authority's decision may be appealed per Section 17.12.140.

F.

Required Findings. .....Prior to the approval of an application for a variance, all of the following findings shall be made:

1.

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.

2.

The granting of the variance is necessary for the preservation of a substantial property right possessed by other property in the same vicinity and zone and otherwise denied the subject property.

3.

The required conditions of approval assure that the adjustment authorized will not constitute a grant of special privileges which are inconsistent with the limitations placed upon other properties in the vicinity subject to the same zoning regulations.

4.

The granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity.

5.

The granting of a variance is consistent with the General Plan and the intent of this title.

G.

Appeals. .....An appeal of the action upon a variance shall be reviewed in accordance with Section 17.12.140, Appeals of an Action.

H.

Modifications Requested by the Applicant. .....Modifications to approved variances which are requested by the applicant shall be reviewed in accordance with Section 17.12.180, Modifications of Approved Applications.

I.

Modifications and/or Revocations Initiated by the City. .....The City may make changes or revoke the approval of applications when conditions of approval are violated, it is necessary to resolve a nuisance, and/or when the application contained incorrect, false, or misleading information. Refer to Section 17.12.175 for related procedures and required findings.

J.

Other Review Requirements. .....Refer to Chapter 17.12, Development Review Process for general application processing requirements, such as time limits on approvals, time extensions, and the review of multiple applications concurrently.

K.

Approval Runs with the Land. .....The approval of a variance shall run with the land, and shall continue to be valid upon a change of ownership of the site to which it applies.

(Ord. 1172 § 3 (part), 1996)

(Ord. No. 1594, § 3(Exh. A, § 10), 5-5-2015)

A.

Purpose and Intent. .....The purpose of the Minor Exception Permit process is to provide for streamlined review of requests for minor modifications of selected site development regulations and applicable offstreet parking requirements in those circumstances where such exception constitutes reasonable use of property, will be compatible with adjoining uses, and will be consistent with the goals and objectives of the General Plan and intent of this title.

B.

Authority. .....The Zoning Administrator is the final authority on Minor Exception Permits, subject to the concurrent review and appeal provisions of Sections 17.12.090, Consideration of Concurrent Applications, and 17.12.140, Appeals of an Action. The Zoning Administrator has the discretion to refer applications to the Planning Commission for review and final action.

C.

Applicability. .....Minor Exception Permits are required for deviations in the following standards:

1.

Arbors, as provided for in Section 17.32.050(A), Arbors;

Encroachment from the median front yard setback, as provided for in Section 17.24.080, Encroachments into Setbacks and Height Limits;

3.

Encroachments of architectural projections and cornices, eaves, and roof overhangs into any required front yard setback areas, as provided for in Section 17.24.080, Encroachments into Setbacks and Height Limits;

4.

Encroachments of balconies, porches, decks, landing places, and stairways, into any required front, rear, or side yard setback area, as provided for in Section 17.24.080, Encroachments into Setbacks and Height Limits;

5.

Encroachments of bay windows into any required front yard setback areas, as provided for in Section 17.24.080, Encroachments into Setbacks and Height Limits;

6.

Fences, walls or hedges as provided for in Section 17.24.090(C)(2), Exceptions;

7.

Garage encroachments, as provided for in Section 17.32.050(E), Garage Encroachments into the Front Setback;

8.

Landscaping requirements for Residential Zones, as provided for in Section 17.68.050(A)(l)(a), landscaping Requirements for Specific Zones, Residential Zones;

9.

Parking modifications for historic structures in RM and RH Zones, as provided for in Section 17.64.125(B), Historic Structures in RM and RH Zones;

10.

Nonconforming structure requirements, exception for single-family dwellings with less than 1,400 square feet of gross floor area [per Section 17.72.050(E)(4)(b) and Section 17.72.050(1)(3)(b)(i)];

11.

Parking modifications for nonresidential and mixed-use historic structures, as provided for in Section 17.64.125(B), Historic Nonresidential and Mixed-Use Structures;

Parking modifications for minor additions to nonresidential and the commercial portion of mixed-use structures, as provided for in Section 17.64.125(B), Minor Additions to Nonresidential and the Commercial Portion of Mixed-Use Structures;

13.

Parking modifications for changes of uses on sites that cannot meet the parking requirements, as provided for in Section 17.64.125(B), Changes of Use;

14.

Parking modifications for restaurants, due to joint use of parking and off-peak parking demand periods, as provided for in Section 17.64.125(B), Indoor Seating for Restaurants;

15.

Swimming pools, spas, hot tubs, and other bodies of water within the front and street side yard setbacks, as provided for in Section 17.24.080, Encroachments into Setbacks and Height Limits;

16.

Retaining walls, as provided for in Section 17.24.180(D)(2)(b) and 17.24.180(D)(4), Exceptions;

17.

Satellite antennas, as provided for in Section 17.28.080(B)(2),Minor Exception Permits;

18.

Setbacks for buildings provided encroachments comply with length limitations in Section 17.24.080(B), as follows:

a.

A decrease of not more than 20 percent of the required width of a side yard or the yard between buildings,

b.

Continuation of legal nonconforming side yard setbacks up to within 30 inches of the side property line for any stories, existing or new,

c.

A decrease of not more than 15 percent of the required front or rear yard with the combined total not to exceed 20 percent,

d.

For lots subject to a 16-foot height limit in accordance with Appendix A of this Title, subsections (L) and (K), a decrease of not more than 25 percent of the required rear yard.

Tandem parking, maximum curb break, as provided for in Section 17.64.090(A), Curb Break.

D.

Submittal Requirements. .....Please refer to the submittal requirements in Section 17.12.040, Filing an Application, and Section 17.12.060, Applications Requiring Additional Information, of this title.

E.

Application Filing, Processing, and Review.

1.

Application Filing. The review process is initiated when the Planning Division receives an application package. The application package shall include the required information and materials specified in the application and any additional information required by the City Planner or review authority to conduct a thorough review of the proposed project.

2.

Application Review. Each application shall be reviewed to ensure that proposals are consistent with the purpose of this chapter; applicable development standards, policies, regulations, and guidelines.

a.

Development Management Team Review. The Development Management Team reviews an application to determine if it is complete and complies with applicable development standards, policies, regulations, and guidelines. Within 30 calendar days of application filing, the applicant is notified if their application is complete or if information is needed to complete the application and resume the review process. The Development Management Team also makes comments and recommendations to provide helpful information to applicants and notify them when a proposal does not comply with development standards, policies, regulations, and guidelines.

b.

Environmental Review. After an application is complete, the project shall be reviewed in compliance with the California Environmental Quality Act to determine if environmental studies are required. If studies are required, then they shall be completed at the applicant's expense, which may require consultant services.

3.

Public Hearing and Appeal Provisions.

a.

Public hearing is required. A public hearing and notification shall be conducted in compliance with Section 17.12.100.

b.

The review authority shall review the proposed project and approve, approve with conditions, or deny the application at a public hearing based on an ability to meet required findings.

c.

The review authority's decision may be appealed per Section 17.12.140.

F.

Required Findings.

1.

General Findings. Prior to approval of an application for a Minor Exception Permit, all of the following findings shall be made:

a.

The requested minor exception will not interfere with the purpose of the zone or the standards of the zone in which the property is located;

b.

The neighboring properties will not be adversely affected as a result of the approval or conditional approval of the Minor Exception Permit; and

c.

The approval or conditional approval of the Minor Exception Permit will not be detrimental to the health, safety or welfare of the general public.

2.

Specific Findings. In addition to the general findings required in Subdivision 1. of this section, specific findings shall be made prior to the approval of an application for a Minor Exception Permit for the following requests, as follows:

a.

Arbors, specific findings in accordance with Section 17.32.050(A)(3), Required Findings;

b.

Fences, hedges and walls, specific findings in accordance with Section 17.24.090(C)(2)(c), Required Findings;

c.

Garage encroachments, specific findings in accordance with Section 17.32.050(E)(5), Required Findings;

d.

Landscaping requirements for Residential Zones, specific findings in accordance with Section 17.68.050(A) (1)(a)(i), Landscape Requirements for Specific Zones, Residential Zones;

e.

Parking modifications for historic structures in RM and RH Zones, as provided for in Section 17.64.125(B), Historic Structures in RM and RH Zones;

f.

Parking modifications for nonresidential and mixed-use historic structures, as provided for in Section 17.64.125(B), Historic Nonresidential and Mixed-Use Structures;

g.

Parking modifications for minor additions to nonresidential and the commercial portion of mixed-use structures, as provided for in Section 17.64.125(B), Minor Additions to Nonresidential and the Commercial Portion of Mixed-Use Structures;

h.

Parking modifications for changes of uses on sites that cannot meet the parking requirements, as provided for in Section 17.64.125(B), Change of Use;

i.

Parking modifications for restaurants, due to joint use of parking and off-peak parking demand periods, as provided for in Section 17.64.125(B), Indoor Seating for Restaurants;

j.

Retaining walls, specific findings in accordance with Section 17.24.180(D)(4)(b), Exceptions;

k.

Satellite antennas, specific findings in accordance with Section 17.28.080(F)(4), Required Findings;

l.

Reduced rear yard setback, specific findings in accordance with Appendix A, subsections (L) and (K).

G.

Appeals. .....An appeal of the action on a Minor Exception Permit shall be reviewed in accordance with Section 17.12.140, Appeals of an Action.

H.

Modifications Requested by the Applicant. .....Modifications to approved Minor Exception Permits shall be reviewed in accordance with Section 17.12.180, Modification of an Approved Application.

I.

Modifications and/or Revocations Initiated by the City. .....The City may make changes or revoke the approval of applications when conditions of approval are violated, it is necessary to resolve a nuisance, and/or when the application contained incorrect, false, or misleading information. Refer to Section 17.12.175 for related procedures and required findings.

J.

Other Review Requirements. .....Refer to Chapter 17.12, Development Review Process, for general application processing requirements, such as time limits on approvals, time extensions, and the review of multiple applications concurrently.

K.

Permit is Transferable with Property. .....The approval of Minor Exception Permits shall continue to be valid upon a change of ownership of the site to which it applies.

(Ord. 1319 §§ 6, 7, 2006; Ord. 1314 §§ 9—10, 2006; Ord. 1304, § 14, 2005; Ord. 1253 § 4, 2001; Ord. 1190 §§ 6, 7, 1997; Ord. 1182 §§ 6, 7, 1997; Ord. 1172 § 3 (part), 1996)

(Ord. No. 1548, § 3(Exh. C, §§ 5, 6), 3-6-2012; Ord. No. 1594, § 3(Exh. A, § 11), 5-5-2015; Ord. No. 1707, § 3, 2-2-2021; Ord. No. 1759, § 3(Exh. A), 10-3-2023)

17.16.095 - Administrative Development Permit.

A.

Purpose. .....This section provides administrative approval of minor projects without significant impacts. Administrative Development Permits are intended to ensure that these minor projects comply with City standards and guidelines, yet provide a streamlined review procedure to facilitate and incentivize minor projects encouraged by City goals and policies.

B.

Applicability. .....Administrative Development Permits are required to allow eligible projects on the following properties:

1.

Nonresidential sites (within nonresidential zones or by legally-established use of property);

2.

Properties within the Architectural Overlay district;

Properties abutting the City's historic resources and landmarks list ("historic structures list");

4.

Properties on the City's historic resources and landmarks list; and

5.

Properties with three or more dwelling units located within 300 feet of residentially zoned buildings on the City's historic resources and landmarks list, if projects are visible from public right-of-way adjoining historic structures and landmarks or are visible from public view corridors designated in the General Plan.

C.

Exemptions. .....The following activities are exempt from an Administrative Development Permit:

1.

Improvements necessary to comply with State or Federal law (e.g. new or modified ramp to meet Americans with Disabilities Act [ADA) Requirements), in which feasible landscaping and architectural changes shall be made proportional to the scope of the proposed project, at the discretion of the City Planner, to maintain compliance with zoning standards and City Design Guidelines.

2.

Interior projects not visible on the exterior of structures and from adjoining public right-of-way.

3.

Landscaping of area under 500 square feet according to standards in Subsection F.11.

4.

Removal and replacement of trees according to standards in Subsection F.11 and at the discretion of the City Planner, provided that a landscape professional demonstrates to the City Planner that the tree(s) meet at least one of the following criteria:

I.

Dead/dying;

II.

Diseased and unlikely to be rehabilitated;

III.

Dangerous; or

IV.

Destructive.

D.

Projects Eligible for Administrative Approval. .....The following types of projects are eligible for ministerial approval of an Administrative Development Permit, if proposed projects comply with this Title, and both the general standards and project specific standards in this Section. If standards are unmet, projects shall require a Site Development Permit (Section 17.16.100) or Cultural Heritage Permit (Section 17.16.110).

1.

Additions to Private Recreational Facilities.

2.

Accessory Structures: Other Minor.

3.

Awnings.

4.

Chimneys and Metal Flues.

5.

Color and Finishes: Exterior.

6.

Decks or Patios.

7.

Doors.

8.

Driveways/Paving/Minor Site Work.

9.

Fences.

Historic Resources, Minor.

Landscape Alterations.

Lighting: Exterior.

Mechanical Equipment: General.

Mechanical Equipment: Rooftop.

Porches.

Roofs (and "Reroofs").

Sheds or Spas.

Sidewalk Seating and Enclosures for Commercial Outdoor Dining Areas.

Skylights.

Trellises, Pergolas, or Arbors.

Walls.

Windows.

E.

General Review Standards. .....For approval of a permit, eligible projects must comply with the following general standards and applicable project specific standards in Subsection F.

Design. The architectural design of the addition, alteration, or site change is compatible with the style of buildings that will remain on site. One overall architectural style is required.

2.

Materials. The exterior finish materials of the proposed project match the existing exterior finishes of the structures on the lot, or may be altered if compatible with the architectural style of structures.

3.

Style. Style is expressed through architectural elements such as windows, doors, lighting, railings, trim, eaves, roof pitch, element proportions and materials. The style of the proposed work should be stated on the project plans and matches the existing style or style required for a design district if applicable, such as the Architectural Overlay. Wherever this document references a requirement for style compatibility, the following method is used to determine style compatibility. Staff may reference style books to confirm the proposed style classification. Staff will check for consistency of style of a structure's proposed elements with the elements for the chosen style as described in reference materials. Staff will also check that any patterns or materials created by the existing elements are repeated in the proposed work.

4.

Additions. Additions shall match the architectural style of the building with similar materials, details and colors.

5.

Alterations. Alterations shall match the architectural style of the building or result in one architectural style consistent with Subsection E.3. Alterations are welcome that modify the structure's appearance to be a more traditional form of the style on the site or the style required. Alterations to implement an architectural style that is not typical for the neighborhood or required by this Title are in eligible for an Administrative Development Permit.

6.

Colors. Additions must match the existing colors of the building, siding or trim; or may be altered if compatible with the architectural style that meets guidelines in Subsection E.3. For Spanish architecture, existing colors may be substituted with colors selected from the City Planner-approved color palette.

7.

Scale. The scale of all additions is compatible with the scale of the existing structure, style of the building, and surrounding area. The scale of a project is consistent with the prevailing development patterns of additions in the area. The review criteria utilized to determine correct scale shall be the degree of project visibility, plate heights, roof pitch and maximum building heights. Additions or alterations out of character with the surrounding area or inappropriately sited on the lot, as determined by the City Planner, are not eligible for an Administrative Development Permit.

Historic Considerations. Minor alterations to City, State, or Federally-designated historic resources, or other potentially significant structures, shall maintain character-defining features or avoid any adverse change to the significance to a historic resource in order to be eligible for administrative approval. The City Planner has the discretion to consult with a licensed professional at the applicants cost to make a determination on the significance of structures and impacts of projects. If this guideline is not met, then the project shall be referred to the Zoning Administrator with required consultation of the Cultural Heritage Subcommittee.

9.

Objective Design Standards. Projects shall comply with any objective design standards adopted by the City Council.

10.

Not subject to CEQA. Projects are eligible only if they are categorically or statutorily exempt or otherwise not subject to the California Environmental Quality Act (CEQA).

F.

Project Specific Standards. .....In addition to complying with the general requirements specified in

Subsection E above, projects seeking administrative approval must also comply with any applicable project specific requirements in this Subsection. The project specific standards identify which projects are eligible for administrative review, not limit projects permissible in this Zoning Code (Title 17).

1.

Additions to Private Recreational Facilities. Additions to buildings are eligible for administrative approval that are up to 500 square feet, less than 50 percent of the existing building's floor area, and meet the following criteria:

a.

The project is not located in the Architectural Overlay;

b.

The site is not on the City's designated historic resources and landmarks list;

c.

The addition is to a private recreational facility building;

d.

The project is not visible from a scenic corridor designated in the General Plan.

2.

Accessory Structures: Other Minor. Minor accessory structures, such as barbeques, fire pits, and low counter tops, not addressed otherwise in the project-specific standards (this Subsection) are eligible for

administrative approval if the following apply: -

a.

For the City's designated historic resources and landmarks list, accessory structures are limited to those that are a maximum height of six feet and are detached from buildings; and

b.

Structures are screened from adjoining public right-of-way and have materials that meet general standards in Subsection E.

3.

Awnings. Awnings over window or door openings that are compatible with the style and colors of the structure are eligible. Awnings shall be canvas with wrought-iron supports on new buildings and major remodels in the Architectural Overlay and on historic structures with Spanish architecture.

4.

Chimneys and Metal Flues. All of the following standards must be met:

a.

For the City's designated historic resources and landmarks list, the project is limited to repairing or altering the chimney and flue to improve the resource's historical integrity with a design, style, and materials to restore the original condition or be architecturally compatible.

b.

Chimneys are consistent with the style of the existing structure and use masonry, stone, stucco, or metal pipe.

c.

Wood material is not used on chimneys.

d.

Metal flues are of traditional design and are painted to match the roof color.

e.

The shape of the chimney is fairly uniform, i.e. there is no awkward extensive projection of exposed pipe beyond the top of the chimney in response to Building and Safety requirements.

5.

Color and Finishes: Exterior. The project is consistent with Subsection E, General Standards, Colors and Materials. For the Architectural Overlay and historic structures with Spanish architecture, stucco shall be

'steel, hand trowel' applied with a smooth Mission finish, slight undulations, bull-nosed corners and edges, including archways; and no control/expansion joints.

6.

Decks or patios. New or altered decks or patios less than 200 square feet at the first floor level are eligible for administrative approval if the following standards are met:

a.

For the City's designated historic resources and landmarks list, the decks or patios must be screened from public right-of-way and detached to be eligible.

b.

New decks or patios are of a scale and style which is compatible with the structure to which the deck is attached.

c.

When viewed from a public viewing location, the proposed deck or patio is not likely to be more noticeable than the structure it is attached to.

d.

New decks or patios are not located to cause potential privacy or noise impacts to adjacent properties.

e.

Deck or patio materials are finished to be compatible with the color scheme of the primary structure.

7.

Doors. Minor door alterations - for example, to enhance access by the physically challenged and for compliance with the Americans with Disabilities Act (ADA) - are covered by this provision. Installation of guard/hand rails shall be referred to the consent calendar. The modification of doors and sidelights within existing rough openings should be designed to comply with the following requirements for Administrative approvals:

a.

For the City's designated historic resources and landmarks list, every effort shall be made to avoid alterations first with repairs and maintaining the original doors. If this cannot be done, projects shall replace doors to match the originals to the best extent possible based on historical photos or the existing condition.

b.

The type of proposed doors and color of frames are compatible with the architectural style of the building and appear compatible with existing doors.

c.

If the doors of an addition are the same size and material as existing nearby doors, the proposed doors match the existing nearby doors in appearance.

d.

Door and sidelight sash material matches the window material.

e.

Where adjacent windows are "divided light" type, the new doors and sidelights shall also mimic the appearance of divided lite windows. Where dual glaze glass is used, the mullions should break the exterior pane.

f.

In door pairs, both doors should have the same width.

g.

In doors with sidelights, sidelights should have the same width if feasible.

h.

Doors and sidelights should be placed symmetrically within architectural elements.

i.

Any changes in paving material associated with the door alteration match the existing material.

8.

Driveways/Paving/Minor Site work. Extensions, modifications, and additions to driveways are eligible for administrative approval if all of the following requirements are met:

a.

For the City's designated historic resources and landmarks list, changes to site work shall be limited to providing access to entrances and exits, patios, courtyards, and utility pathways; so landscape area is preserved. The exceptions are changes to provide safe access to required parking and pedestrian sidewalks that meet City standards;

b.

There is no drainage impact on adjoining lots;

c.

Any paving or driveway additions or modifications are of the same materials as the existing paving or driveway materials;

d.

For residential development, the driveway width complies with Engineering technical standards;

e.

Any new driveway paving materials are compatible with the existing structure and surrounding area; and

f.

New paved parking areas, such as expansions to commercial parking lots, are screened from adjoining public property through fencing, landscaping or other structures.

9.

Fences. Chain link, chicken wire, metal, plastic, vinyl, wire-mesh and unfaced cement block fence materials are not eligible for administrative approval. Fences not specifically excluded in the preceding sentence may be reviewed and approved administratively if:

a.

The fences meet zoning requirements;

b.

For the City's designated historic resources and landmarks list, eligible fences are not in yards adjacent to street frontages;

c.

The fence height shall preserve views of traffic to-and-from driveways and the public right-of-way; and

d.

The fence design and materials shall be compatible with the street scene and the materials and finishes of the primary structure.

10.

Historic Resources, Minor. In addition to the general standards above (Subsection E) and other projectspecific standards in this Subsection, the following applies to repairs and upgrades to historic resources and landmarks on the City's designated historic resources and landmarks list; repairs and refinishing of existing materials are eligible; such as stucco, roof tiles, pavers, wood trim, and stone, if the following apply:

a.

Repairs and refinishing of existing materials shall be completed according to the Secretary of the Interior's Standards for the Treatment of Historic Properties; such as repairs to stucco, roof tiles, pavers, wood trim, and stone;

b.

Original materials are to be repaired and refinished to every extent possible versus replacement. Photographs of the existing material conditions and of the work completed shall be provided for the property file;

c.

Minor alterations are eligible that improve the historical integrity of historic resources and landmarks on the City's designated historic resources and landmarks list; such as installation of painted decorative tiles on stair risers or replacing non-original features with documented traditional period appropriate materials, such as replacing vinyl windows with wood windows that meet window standards in this Subsection;

d.

For historic structures with Spanish architecture, work shall be completed according to the City's Henry Lenny Design Guidelines; and

e.

If material replacement is demonstrated to be necessary, the materials shall be selected to mimic the original conditions unless alterations will improve the significance such as replacing vinyl with wood windows (see window guidelines for more on that work). Photographs of the existing material conditions and of the work completed shall be provided for the property file.

11.

Landscape Alterations. Excluding exempt landscaping changes in Subsection C, the following standards apply to landscape alterations eligible for administrative approval:

a.

For the City's designated historic resources and landmarks list, changes shall exclude landscaping noted on a historic survey form identified as a contributor to the significance of a historic resource;

b.

The project adds or alters 500 square feet or more of landscaping;

c.

The alteration complies with zoning requirements;

d.

The alteration is consistent with City Design Guidelines, including the recommended plant list;

e.

Tree Removal. The removal or replacement of trees shall meet the following criteria:

i.

Replacement trees shall be a minimum of a 24-inch box size;

ii.

Trees are ineligible if taller than 25 feet high and replaced within yard area between a building and public right-of-way; and

iii.

Trees are ineligible if located within a public view corridor designated in the General Plan, or if required to screen hillside ridgelines according to the Hillside Development Ordinance in Chapter 15.40 of this Municipal Code.

12.

Lighting: Exterior. The following standards must be met for administrative approval:

a.

Replacement or installation of additional fixtures is compatible in style, color and scale with the existing structure or building to which lighting is attached;

b.

Lighting fixtures and placement meet the lighting requirements and Design Guidelines; and

c.

For the City's designated historic resources and landmarks list, see Subsection F.10 for additional standards.

13.

Mechanical Equipment: General. Equipment such as water heaters, water heater enclosures, electrical or gas metering equipment and pool and spa equipment must be located and screened as follows in order to be eligible for administrative approval:

a.

If the new mechanical equipment is installed at ground level, it is placed as close to the building as practicable and screened from view through fencing, landscaping or other structures, landscape screening, the preferred method of screening, is indicated on project plans to be maintained;

b.

All cables connecting outdoor equipment are properly secured and/or buried in the ground;

c.

Equipment shall be installed over existing hardscape surfaces first if possible; and

d.

All pool and spa equipment is located as far away from adjoining properties as reasonably practicable in consideration of neighbors, and the equipment's property line decibel level is consistent with the Noise Ordinance.

14.

Mechanical Equipment: Rooftop. Transmitting antennas, including wireless facilities, are not eligible for administrative approvals. Satellite antennas and other rooftop equipment reviewed by Staff must comply with the following standards:

a.

Equipment shall be screened from on-site parking areas, adjacent public streets and adjacent residentially zoned property. The height of equipment screens shall be less than 10 feet tall and under the height limit of the zone;

b.

If equipment must be visible from off-site locations, despite screening or in cases where only vegetative screening is used, the equipment is painted the same color as the roof or adjacent background, as specified by the City Planner. However, for the City's designated historic resources and landmarks list, visible equipment on historic resources and landmarks is ineligible for administrative approval; and

c.

Screening shall be integrated into the appearance of the overall building; and

15.

Porches. Porches are covered outdoor spaces attached to the primary structure eligible for administrative approval that meet the standards below, excluding the City's designated historic resources and landmarks list.

a.

Porches may be a maximum of 200 square feet;

b.

Porches unscreened from the public right-of-way shall be on less than 50 percent of a building elevation's length;

c.

The porch shall be integrated into the primary structure with a compatible design and materials; and

d.

Porch railings have open pickets, glass, or other design and material with spacing to maintain visibility of the primary structure from the public right-of-way, unlike than a solid guardrail.

16.

Roofs (and "Reroofs"). Roofs (including new roof material and "reroofs") must comply with the following standards:

a.

The type and color of roofing material is compatible with the architectural style of the structure;

b.

Roofs of additions or accessory buildings match the existing roof pitch of the structure;

c.

For the Architectural Overlay and historic structures with Spanish architecture, roof tiles shall have materials and be installed according to the Henry Lenny Design Guidelines.

17.

Sheds or Spas. The following standards must be met:

a.

The shed or spa is entirely screened from public right-of-way and separated from buildings according to the Building Code;

b.

The shed or spa area is 120 square feet or smaller;

c.

Materials match site fencing or the main structure's materials and colors; and

d.

Any mechanical equipment meets criteria Subsection F.13 and F.14 above.

18.

Sidewalk Seating and Enclosures for Commercial Outdoor Dining Areas. The placement, style, color and types of outdoor dining furniture and barriers shall be consistent with and complement the design and appearance of the building and site, consistent with General Standards in Subsection E. The outdoor dining furniture and barriers shall also be in conformity with Public Works standards.

19.

Skylights. Skylights must meet the following standards for eligibility:

a.

For the City's designated historic resources and landmarks list, skylights shall not be installed over original building areas;

b.

Skylights are compatible with the architectural style of the building and with the character of the surrounding area;

c.

Skylights are screened from adjoining properties; and

d.

Skylights shall have an orientation and design to avoid light trespass and glare on other properties in evenings, such as glazing, shades, or tint.

20.

Trellises, Pergolas, and Arbors. Trellises, pergolas, and arbors are architectural elements with posts or columns on the sides and connected by beams and topped with open rafters. They can also include trellis overhead between the rafters. Trellises, pergolas, and arbors are eligible for administrative approval if:

a.

For the City's designated historic resources and landmarks list, the trellis, pergola, or arbor is screened from public right-of-way and separated from neighboring buildings and property lines according to the Building Code;

b.

The structure covers less than 250 square feet of lot area and is less than 12 feet tall; and

c.

The structure's height, size and materials are compatible with the surrounding area.

21.

Walls. Accessory structure walls shall meet the following criteria:

a.

For historic resources and landmarks, eligible walls are not in yards adjacent to street frontages;

b.

The wall meets zoning standards in Sections 17.24.090, 17.24.180, and 17.24.190; and

c.

The wall materials shall match the color and finish of the primary structure.

22.

Windows. Windows may be replaced or added if the following standards are met:

a.

For the City's designated historic resources and landmarks list, see Subsection F.10 for additional standards;

b.

Windows of additions match the predominant windows of the existing structure;

c.

The window types are of appropriate size and scale for the proposed location(s); and

d.

For the Architectural Overlay and historic structures with Spanish architecture:

I.

Window design shall mimic the appearance of true divided lite windows.

II.

The window surround or flange is to be constructed as part of the frame, not a plant on detail.

III.

Factory color finishes are acceptable.

IV.

Windows materials shall be consistent with allowed types shown in Table 17.16.095 below.

G.

Application Process.

1.

Application Submittal. Administrative Development Permit review is initiated upon submittal of an application in compliance with Section 17.12.040, Filing an application.

2.

Application Review. Projects are reviewed upon submittal of an application in compliance with Section 17.12.040, Filing an application. Then, a case planner is assigned to coordinate the review of the application upon receipt of an application, provided information and materials are reviewed to determine if applications meet criteria for approval of a permit.

3.

Decisions. The City Planner shall approve or deny an application based on whether a project is consistent with the following:

a.

General design standards in Subsection E.

b.

Project-specific standards in Subsection F.

c.

The City's objective design standards.

4.

Appeals. Decisions are subject to appeal processes according to Section 17.12.140.

H.

Reporting of Decisions. .....A summary of decisions will be provided to the Planning Commission at the next regularly scheduled meeting of those hearing bodies in the agenda packet, including permits issued up until the time of packet preparation.

I.

Quality Assurance. .....Projects shall be completed in accordance with City approvals and code compliance procedures in this Municipal Code. City staff have authority to require an inspection of approved projects to ensure work is completed according to approved materials.

J.

General Review Requirements. .....Refer to Chapter 17.12, Development Review Process, for general application processing requirements, such as modifications to applications, time limits on approvals, time extensions, and the review of multiple applications concurrently.

K.

Approval Runs with the land. .....The approval of an Administrative Development Permit shall run with the land, and shall continue to be valid upon a change of ownership of the property to which it applies.

(Ord. No. 1759, § 3(Exh. A), 10-3-2023)

A.

Purpose.

1.

Development Permits are required to ensure development projects, not involving the City's designated historic resources and landmarks list, will:

a.

Promote the orderly development of the City in compliance with the goals, objectives, and policies of the General Plan, any applicable Specific Plan, and the standards specified in this Zoning Code.

b.

Preserve and strengthen the City's unique atmosphere as a Spanish village;

c.

Comply with the purpose and intent of the Architectural Overlay district for projects within the overlay area identified on the Zoning Map;

d.

Encourage site design and architecture sensitive to community and neighborhood character;

e.

Enhance the visual environment and protects the economic value of existing structures.

f.

Respect the physical and environmental characteristics of the site;

g.

Ensure safe and convenient access and circulation for pedestrians and vehicles;

h.

Exemplify the best professional design practices through consistency with the City's Design Standards and Guidelines;

i.

Allow for and encourage individual identity for specific uses and structures;

j.

Encourage a distinct community or neighborhood identity;

k.

Minimize or eliminate negative or undesirable visual impacts, especially on historic resources and landmarks on the City's designated historic resources and landmarks list;

l.

Prevent inappropriate design or development of structures; and

m.

Maintain and increase the desirability of other properties within the vicinity for the uses for which they are zoned.

B.

Definitions. .....For purposes of this Section, the term "Sensitive areas" shall mean:

a.

Properties located within the Architectural Overlay district;

b.

Properties with single-family residences or duplexes abutting the City's designated historic resources and landmarks list.

c.

Properties with three or more dwelling units located within 300 feet from residentially zoned buildings on the City's designated historic resources and landmarks list.

C.

Applicability.

1.

When Required. Development activities listed in Table 17.16.100 require Development Permits for the development of structures and improvement of property, when a project site is not on the City's list of designated historic structures and landmarks. In that circumstance, refer to Section 17.16.110.

2.

Exemptions. The following activities are exempt from a Development Permit.

a.

Activities exempted from an Administrative Development Permit specified in Section 17.16.095;

b.

Improvements State or Federal law requires or preempts from local discretionary review procedures;

c.

Interior projects not visible on the exterior of structures and from adjoining public right-of-way;

d.

Maintenance of property and structures;

e.

Projects proposed on properties with three or more dwelling units located within 300 feet of residentially zoned historic buildings on the City's designated historic resources and landmarks list, if all of the following criteria apply:

i.

Projects are not located in the Architectural Overlay district;

ii.

Projects are not visible from public right-of-way that adjoins properties on the City's designated historic resources and landmarks list;

iii.

Projects are not proposed on property abutting properties on the City's designated historic resources and landmarks list; and

iv.

Projects are not visible from public view corridors designated In the General Plan.

f.

Public park facilities other than the development or expansion of buildings as described in Chapter 17.28.

D.

Review Authority. .....Table 17.16.100 identifies the required review authority and review process in Section 17.12.060 for each project. Development Permits are acted upon by the highest review authority designated in Table 17.16.100 for proposed development, or if a Development Permit is reviewed concurrently with other applications according to Section 17.12.090, Consideration of Concurrent Applications.

Table 17.16.100—Review Process for Development Permit

E.

Application Filing, Processing, and Review.

1.

Application Filing.

a.

An application for a Development Permit shall be filed and processed according to Chapter 17.12.

b.

The application shall include the information and materials specified in the application for a Development Permit with required fees, and any additional information required by the City Planner or Review Authority to conduct a thorough review of the proposed project, as described according to Section 17.12.060.

c.

It is the responsibility of the applicant to provide evidence in support of the findings required by Section 17.16.100.F below.

2.

Application Review. A Development Permit review is initiated when the Planning Division receives an application package. Then, a case planner is assigned to coordinate the review of the application with City staff and other agencies as needed. At the direction of the City Planner, proposals are reviewed by the Development Management Team (DMT), staff from City departments with expertise in various subject areas. Upon receipt of an application, provided information and materials are reviewed to determine if applications are:

i.

Complete in compliance with Section 17.12.050;

ii.

In compliance with the California Environmental Quality Act as specified in Section 17.12.080. If studies or consultant work is required for this review, this shall be completed at the applicant's expense according to

City policies and the City Planner's direction;

iii.

Consistent with the purpose of this Chapter and required findings in Subsection F to support the requested Development Permit; and

iv.

Meets applicable development standards, policies, regulations, and guidelines.

3.

Design Review Subcommittee Review. Applications require Design Review Subcommittee (DRSC) review if the application requires Planning Commission or City Council approval. Applications may also be referred to the DRSC by the City Planner or Zoning Administrator.

4.

Decision and Appeal Process. Table 17.16.100 identifies the Review Authority and Review Process described in Section 17.12.100 for each project. Refer to Section 17.12.060 for details on the review process. Notification procedures are in Section 17.12.100.

F.

Required Findings.

1.

General Findings. For approval of a Development Permit, the Review Authority shall make the following findings:

a.

The proposed project is consistent with the General Plan;

b.

The proposed project complies with zoning regulations;

c.

The proposed project is consistent with the City's Design Guidelines;

d.

The proposed development will not be detrimental to the public health, safety, or welfare, or materially injurious to properties and improvements in the vicinity; and

e.

The proposed project is in character and compatible with the properties in the neighborhood.

2.

Additional Findings for Requests. In addition to the general findings in Subsection F.1, the Review Authority shall make findings for approval of a Development Permit to allow the following.

a.

For projects in the Architectural Overlay District, the Review Authority shall find: the proposed project complies with the purpose and intent of the Architectural Overlay District, Section 17.56.020.

b.

For new structures and major remodels in the Architectural Overlay, the Review Authority shall also find one of the following:

i.

The proposed project/use preserves and strengthens the pedestrian-orientation of the district and/or San Clemente's historic identity as a Spanish village; or

ii.

The proposed project/use is a minor remodel and it is not practical or desirable, in this particular case, to attempt conversion to a pedestrian-orientation and/or Spanish Colonial Revival style. The proposed changes, however, improve the quality and architectural integrity of the proposed project.

c.

For projects reviewed because they are abutting or within 300 feet of an historic property, the Review Authority shall find: the proposed project will not have negative visual or physical impacts upon the historic structure.

d.

For Planned Residential Developments (PRDs), the Review Authority shall make findings in Section 17.56.040(G).

G.

General Review Requirements. .....Refer to Chapter 17.12, Development Review Process, for general application processing requirements, such as appeals, modifications to applications, time limits on approvals, time extensions, and the review of multiple applications concurrently.

H.

Approval Runs with the Land. .....The approval of a Development Permit shall run with the land, and shall continue to be valid upon a change of ownership of the property to which it applies.

(Ord. No. 1759, § 3(Exh. A), 10-3-2023)

Editor's note— Ord. No. 1759, § 3(Exh. A), adopted Oct. 3, 2023, repealed the former § 17.16.100, and enacted a new § 17.16.100 as set out herein. The former § 17.16.100 pertained to architectural permits/cultural heritage permits and minor architectural permits/minor cultural heritage permits and derived from Ord. 1172 § 3 (part), adopted 1996; Ord. 1182 §§ 8, 9, adopted 1997; Ord. 1308 §§ 7—8, adopted 2006; Ord. 1445 §§ 2—4, adopted 2007; Ord. No. 1548, § 3(Exh. C, §§ 7—9), adopted March 6, 2012; Ord. No. 1561, § 3(Exh. A, §§ 4, 5), adopted Nov. 27, 2012; Ord. No. 1594, § 3(Exh. A, § 12), adopted May 5, 2015; and Ord. No. 1707, § 3, adopted Feb. 2, 2021.

A.

Purpose. .....Cultural Heritage Permits are required for projects affecting sites on the City's list of designated historic structures to ensure projects:

1.

Preserve and strengthen the City's identity as a Spanish village;

2.

Comply with the purpose and intent of the Architectural Overlay district for projects involving cultural and historical resources within the overlay zone identified on the Zoning Map;

3.

Preserve and strengthen the pedestrian-oriented areas designated in the General Plan;

4.

Preserve and protect those places, sites, buildings, structures, neighborhoods, objects, and improvements, manmade or natural, having a special historical, cultural, or architectural interest;

5.

Protect and enhance the City's attraction as a historic community to tourists and visitors;

6.

Promote the use of historic properties for the education, pleasure, and welfare of the people of the City;

7.

Encourage and, where specified by this title, require architecture which reflects the community's historic pedestrian-oriented character;

8.

Promote the orderly development of the City in compliance with the goals, objectives, and policies of the General Plan, any applicable Specific Plan, and the standards specified in this Zoning Code.

Encourage site design and architecture sensitive to community and neighborhood character;

10.

Enhance the visual environment and protects the economic value of existing structures.

11.

Respect the physical and environmental characteristics of the site;

12.

Ensure safe and convenient access and circulation for pedestrians and vehicles;

13.

Exemplify the best professional design practices through consistency with the City's Design Standards and Guidelines;

14.

Allow for and encourage individual identity for specific uses and structures;

15.

Encourage a distinct community or neighborhood identity;

16.

Minimize or eliminate negative or undesirable visual impacts, especially on historic resources and landmarks on the City's designated historic resources and landmarks list;

17.

Prevent inappropriate design or development of structures; and

18.

Maintain and increase the desirability of other properties within the vicinity for the uses for which they are zoned.

B.

Applicability.

1.

When Required. Development activities listed in Table 17.16.110 require Cultural Heritage Permits for the development of structures and improvement of property on the City's designated historic resources and landmarks list, unless exempted by Subsection B.2.

2.

Exemptions. The following activities are exempt from a Cultural Heritage Permit.

a.

Activities exempted from an Administrative Development Permit specified in Section 17.16.095.

b.

Improvements State or Federal law requires or preempts from local discretionary review procedures;

c.

Interior projects not visible on the exterior of structures and from adjoining public right-of-way; and

d.

Public park facilities other than the development or expansion of buildings as described in Chapter 17.28.

C.

Review Authority. .....Table 17.16.110 identifies the required review authority and review process in Section 17.12.060 for each project. Cultural Heritage Permits (CHP) are acted upon by the highest review authority designated in Table 17.16.110 for proposed development, or if a Cultural Heritage Permit is reviewed concurrently with other applications according to Section 17.12.090, Consideration of Concurrent Applications.

Table 17.16.110—Review Process for Cultural Heritage Permit

D.

Application Filing, Processing, and Review.

Application Filing.

a.

An application for a Cultural Heritage Permit shall be filed and processed according to Chapter 17.12.

b.

The application shall include the information and materials specified in the application for a Cultural Heritage Permit with required fees, and any additional information required by the City Planner or Review Authority to conduct a thorough review of the proposed project, as described according to Section 17.12.060.

c.

It is the responsibility of the applicant to provide evidence in support of the findings required by Subsection E below.

2.

Application Review. A Cultural Heritage Permit review is initiated when the Planning Division receives an application package. Then, a case planner is assigned to coordinate the review of the application with City staff and other agencies as needed. At the direction of the City Planner, proposals are reviewed by the Development Management Team (DMT), staff from City departments with expertise in various subject areas. Upon receipt of an application, provided information and materials are reviewed to determine if applications are:

i.

Complete in compliance with Section 17.12.050;

ii.

In compliance with the California Environmental Quality Act as specified in Section 17.12.080. If studies or consultant work is required for this review, this shall be completed at the applicant's expense according to City policies and the City Planner's direction;

iii.

Consistent with the purpose of this Chapter and required findings in Subsection E to support the requested Cultural Heritage Permit; and

iv.

Meets all applicable City and State development standards, policies, regulations, and guidelines.

Cultural Heritage Subcommittee Review. Applications require Cultural Heritage Subcommittee (CHSC) review if the application requires Planning Commission or City Council approval Applications may also be referred to the CHSC by the City Planner or Zoning Administrator. The Design Review Subcommittee serves as the CHSC.

4.

Decision and Appeal Process. Table 17.16.110 identifies the Review Authority and Review Process described in Section 17.12.100 for each project. Refer to Section 17.12.060 for details on the review process. Notification procedures are in Section 17.12.100. Appeals are addressed in Section 17.12.140.

E.

Required Findings.

1.

For approval of Cultural Heritage Permit, the Review Authority shall make the following findings:

a.

The proposed project is consistent with the General Plan;

b.

The proposed project complies with zoning regulations;

c.

The proposed development will not be detrimental to the public health, safety or welfare, or materially injurious to properties and improvements in the vicinity;

d.

The proposed project is in character and compatible with the properties in the neighborhood;

e.

The proposed project is in conformance with the Secretary of the Interior's Standards for the Treatment of Historic Properties and City's Design Guidelines to substantially further the City's goals of historic preservation, and

f.

The proposed project preserves to the extent feasible the character defining features.

2.

Additional Findings for Requests. In addition to the general findings in Subsection E.1, the Review Authority shall make findings for approval of a Cultural Heritage Permit to allow the following.

a.

For projects in the Architectural Overlay District, the Review Authority shall find: the proposed project complies with the purpose and intent of the Architectural Overlay District, Section 17.56.020. And, for new structures and remodels in the Architectural Overlay District, the Review Authority shall also find one of the following:

i.

The proposed project/use preserves and strengthens the pedestrian-orientation of the district and/or San Clemente's historic identity as a Spanish village; or

ii.

The proposed project/use is a minor remodel and it is not practical or desirable, in this particular case, to attempt conversion to a pedestrian-orientation and/or Spanish Colonial Revival style. The proposed changes, however, improve the quality and architectural integrity of the proposed project.

b.

For exemptions from Chapter 17.72, Nonconforming Structures and Uses, the Review Authority shall find: the proposed exemption from nonconforming regulations is warranted to maintain the historical significance of national, state or a locally designated historic structure.

F.

General Review Requirements. .....Refer to Chapter 17.12, Development Review Process, for general application processing requirements, such as appeals, time limits on approvals, time extensions, and the review of multiple applications concurrently.

G.

Approval Runs with the land. .....The approval of Cultural Heritage Permits shall run with the land, and shall continue to be valid upon a change of ownership of the site to which it applies.

(Ord. No. 1759, § 3(Exh. A), 10-3-2023)

Editor's note— Ord. No. 1759, § 3(Exh. A), adopted Oct. 3, 2023, repealed the former § 17.16.110, and enacted a new § 17.16.110 as set out herein. The former § 17.16.110 pertained to staff waivers of minor architectural permits and minor cultural heritage permits and derived from Ord. 1172 § 3 (part), adopted 1996; Ord. 1445 § 5, adopted 2007; Ord. No. 1548, § 3(Exh. C, § 10), adopted March 6, 2012; Ord. No. 1594, § 3(Exh. A, § 13), adopted May 5, 2015; and Ord. No. 1707, § 3, adopted Feb. 2, 2021.

Editor's note— Ord. No. 1594, § 3(Exh. A, § 14), adopted May 5, 2015 repealed § 17.16.120, which pertained to Planning Commission/Zoning Administrator waivers of Cultural Heritage and Minor Cultural Heritage Permits and derived from Ord. 1445 §§ 6—9, adopted in 2007 and Ord. 1172 § 3 (part), adopted in 1996.

17.16.130 - City Antenna Permits.

A.

Purpose and Intent. .....The purpose of the City Antenna Permit process is to allow for the streamlined review of requests for all new wireless antennas on City property that are consistent with the City Wireless Master Plan and conform to the height limitations for the zoning district in which an antenna is proposed. The City Antenna Permit review process is intended to prevent the negative impacts of antenna proliferation on City property.

B.

Authority. .....The Zoning Administrator is the final authority on City Antenna Permits, subject to the concurrent review and appeal provisions of Sections 17.12.090, Consideration of Concurrent Applications, and Section 17.12.140, Appeals of an Action. The Zoning Administrator has the discretion to refer applications to the Planning Commission for review and final action.

C.

Applicability. .....A City Antenna Permit shall be required for new antennas on City property that are consistent with the City Wireless Master Plan and conform to the height limitations for the zoning district in which an antenna is proposed Exemption: antennas used by the City. The City Planner initially determines if a project is consistent with the Wireless Master Plan and complies with height limitations. If an antenna does not meet these criteria, then a Conditional Use Permit is required to allow a new antenna on City property.

D.

Submittal Requirements. .....Please refer to the submittal requirements in Section 17.12.040, Filing an Application, and Section 17.12.060, Applications Requiring Additional Information.

E.

Application Filing, Processing, and Review.

1.

Application Filing. The review process is initiated when the Planning Division receives a complete application package. The application package shall include the required information and materials specified in the application and any additional information required by the City Planner or review authority to conduct a thorough review of the proposed project.

2.

Application Review. Each application shall be reviewed to ensure that proposals are consistent with the purpose of this chapter; applicable development standards, policies, regulations, and guidelines.

a.

Development Management Team Review. The Development Management Team reviews an application to determine if it is complete and complies with applicable development standards, policies, regulations, and guidelines. Within 30 calendar days of application filing, the applicant is notified if their application is complete or if information is needed to complete the application and resume the review process. The Development Management Team also makes comments and recommendations to provide helpful information to applicants and notify them when a proposal does not comply with development standards, policies, regulations, and guidelines.

b.

Environmental Review. After an application is complete, the project shall be reviewed in compliance with the California Environmental Quality Act to determine if environmental studies are required. If studies are required, then they shall be completed at the applicant's expense, which may require consultant services.

c.

Design Review Subcommittee Review. The Design Review Subcommittee shall review applications. The Design Review Subcommittee is an advisory body that reviews design issues and provides a recommendation to the review authority per procedures in Section 17.12.025.

3.

Public Hearing and Appeal Provisions.

a.

Public hearing is required. A public hearing and notification shall be conducted in compliance with Section 17.12.100.

b.

The review authority shall review the proposed project and approve, approve with conditions, or deny the application at a public hearing based on an ability to meet required findings.

c.

The review authority's decision may be appealed per Section 17.12.140.

4.

Lease Agreement Required. If the City Antenna Permit is approved, then City Council approval of a lease agreement is required.

F.

Required Findings. .....Prior to the approval of a City Antenna Permit, all of the following findings shall be made:

The proposed project complies with the height limitations of the zoning district in which the project is proposed;

2.

The proposed project does not interfere with the transmission or reception of other signals in the City;

3.

The proposed project does not create adverse visual impacts to the surrounding area or to the City at large; and

4.

The proposed project is consistent with the pre-approved design concepts for City properties identified in the City of San Clemente Wireless Master Plan.

G.

Appeals. An appeal of the decision on a City Antenna Permit shall be reviewed in accordance with Section 17.12.140, Appeals of an Action.

H.

Modifications Requested by the Applicant. .....Modifications requested by the applicant to approved City Antenna Permits shall be reviewed in accordance with Section 17.12.180, Modifications of an Approved Application.

I.

Modifications and/or Revocations Initiated by the City. .....The City may make changes or revoke the approval of applications when conditions of approval are violated, it is necessary to resolve a nuisance, and/or when the application contained incorrect, false, or misleading information. Refer to Section 17.12.175 for related procedures and required findings. In addition to the general findings in Section 17.12.175, the City may revoke or modify a City Antenna Permit if one or more of the following findings are made:

1.

The terms of the lease agreement with the City have not been fulfilled; or

2.

The transmission or reception of signals from the antenna interferes with the City communications or other signals in the City.

J.

Other Review Requirements. .....Refer to Chapter 17.12. Development Review Process, for general application processing requirements, such as time limits on approvals and time extensions.

K.

Approval Runs with the Land. .....The approval of City Antenna Permits shall run with the land, and shall continue to be valid upon a change of ownership of the site to which it applies.

(Ord. 1471 § 3, 2008: Ord. 1304 § 15, 2005; Ord. 1172 § 3 (part), 1996)

(Ord. No. 1594, § 3(Exh. A, § 15), 5-5-2015)

17.16.140 - Home Occupation Permits.

A.

Purpose and Intent. .....The purpose of the Home Occupation Permit process is to provide for review of requests for incidental and accessory uses to be established in residential neighborhoods under conditions that will ensure their compatibility with the primary residential use. The process is intended to allow residents to engage in home businesses that are harmonious with a residential environment.

B.

Authority. .....The City Planner is the final authority on Home Occupation Permits, subject to the appeal provisions of Section 17.12.140, Appeals of an Action, of this title and the provisions for Home Occupations Permits found in Section 17.28.160, Home Occupations. The City Planner has the discretion to refer applications to the Zoning Administrator for review and final action. If an application is referred to the Zoning Administrator, a public hearing and notification is required per Section 17.12.100.

C.

Applicability. .....A Home Occupation Permit is required for any business operated in a dwelling unit legally existing in any zone.

D.

General Regulations. .....For the general regulations for Home Occupation Permits, please refer to Section 17.28.160(C), Minimum Standards.

E.

Submittal Requirements. .....Please refer to the submittal requirements in Section 17.12.040, Filing an Application, and Section 17.12.060, Applications Requiring Additional Information.

F.

Review Procedures. .....The City Planner shall approve, conditionally approve, or deny the application, subject to the requirements for Home Occupation Permits found in Section 17.28.160(C), Minimum Standards, within 15 days following receipt of a completed application. If an application is not acted upon within 30 days, the application shall be put on the agenda for the next regularly scheduled Zoning Administrator meeting as a New Business item. The Zoning Administrator shall approve, approve with modifications, or deny the Home Occupation Permit.

G.

Required Findings. .....Prior to the approval of an application for a Home Occupation Permit, a finding shall be made that the application complies with the minimum standards for home occupations in accordance with Section 17.28.160(C), Minimum Standards.

H.

Appeals. .....An appeal of the decision on a Home Occupation Permit shall be reviewed in accordance with Section 17.12.140, Appeals of an Action.

I.

Modifications Requested by the Applicant. .....Modifications to approved Home Occupation Permits shall be reviewed in accordance with Section 17.12.180, Modifications of an Approved Application.

J.

Modifications and/or Revocations Initiated by the City. .....The City may make changes or revoke the approval of applications when conditions of approval are violated, it is necessary to resolve a nuisance, and/or when the application contained incorrect, false, or misleading information. Refer to Section 17.12.175 for related procedures and required findings. In addition to the general findings in Section 17.12.175, the City may revoke or modify a Home Occupation Permit if one or more of the following findings are made:

1.

The provisions of Section 17.28.160(C), Minimum Standards, for Home Occupation Permits, are being violated or are not being satisfied.

2.

The home occupation for which the permit was granted has ceased or has been suspended for six calendar months.

3.

The conditions of the premises, or the surrounding district or areas have changed so that the home occupation may no longer be justified under the meaning or intent of this section.

K.

Other Review Requirements. .....For other general requirements related to the review of applications, such as time limits on approvals and requests for extensions of approvals, please refer to Chapter 17.12, Development Review Process.

L.

Approval Runs with the Applicant/Location. .....A Home Occupation Permit remains valid as long as the applicant complies with all conditions and remains at the specific address for which the permit was

established.

(Ord. 1172 § 3 (part), 1996)

(Ord. No. 1594, § 3(Exh. A, § 16), 5-5-2015)

17.16.145 - Short-term Lodging Unit (or STLU) Zoning Permit.

A.

Purpose and Intent; Zoning Permit Required. .....The STLU zoning permit process prescribed in this chapter is to provide for a more expeditious and streamlined review and approval procedure for STLUs that are consistent with the standards of this title. An STLU zoning permit is required to operate an STLU.

B.

Authority. .....The City Planner is the final authority on STLU zoning permits subject to the concurrent review and appeal provision of Section 17.12.090, Consideration of Concurrent Applications, and Section 17.12.140, Appeals of an Action. The City Planner has the discretion to refer applications to the Zoning Administrator for review and final action. If an application is referred to the Zoning Administrator, a public hearing and notification is required per Section 17.12.100.

C.

Submittal Requirements. .....STLU zoning permit applications shall be as prescribed by Section 17.12.040, Filing an Application, and Section 17.12.060, Applications Requiring Additional Information.

D.

Review Procedures. .....Following receipt of a completed application, the City Planner shall review the application for compliance with the Zoning Ordinance.

E.

Recordation. .....As a condition of every STLU zoning permit, the STLU owner must cause to be recorded with the County Clerk—Recorder, at the owner's expense, a "REQUEST FOR NOTICE AS AUTHORIZED BY CIVIL CODE SECTION 2924b, SUBD. (a)" covenant. It must state that the property owner covenants to give the City notice of any change in ownership upon conveyance of the property. Notice must be by the owner or by the owner's escrow agent. The STLU zoning permit is void as of the date of conveyance.

F.

Appeals. .....Appeals of decisions on STLU zoning permits shall be reviewed in accordance with Section 17.12.140, Appeals of an Action.

G.

Modifications Requested by the Applicant. .....Modifications requested by the applicant to approved STLU zoning permits shall be reviewed in accordance with Section 17.12.180, Applicant Requests to Change Approved Applications, of this title.

H.

Modifications or Revocations Initiated by the City. .....The City may change or revoke STLU zoning permits as provided in Section 17.12.175 of this code. The City may also impose penalties and revoke STLU zoning permits and STLU operating licenses pursuant to Sections 3.24.050 through 3.24.067 pursuant to the procedures found therein.

I.

Required Findings. .....Prior to the approval of an application for a STLU Zoning Permit, all of the following findings shall be made:

1.

The owner has fully complied with the provisions of this chapter.

2.

The STLU property has not previously been the subject of an STLU zoning permit that was revoked under this title within the previous 24 months; and

3.

The STLU owner has not previously held a STLU zoning permit or STLU operating license that was later revoked under this code.

4.

The STLU meets the minimum operating standards of Subsection 17.28.292C. and (D);

5.

The STLU qualifies for an STLU operating license pursuant to Chapter 3.24.

J.

Other Review Requirements. .....The development review process for STLU zoning permit applications, such as time limits on approvals and time extensions, shall be those prescribed by Chapter 17.12, Development Review Process, for general application processing.

K.

STLU Zoning Permit Approval Does Not Run with the Land. .....An STLU zoning permit is owner-specific and does not run with the land. Any change of ownership terminates an existing STLU zoning permit and requires issuance of a new STLU zoning permit to the new owner for continued operation of the STLU. A change of ownership shall include, but not be limited to, the sale of at least 50 percent of the shares in any type of corporation or a change in any of the principal officers in a corporation as determined by the City Manager or his or her designee. Notwithstanding the foregoing, if the permittee is a partnership and one or more of the partners should withdraw, one or more of the remaining partners may acquire, by purchase or otherwise, the interest of the partner or partners who withdrew without effecting a change in ownership,

and in such case, the permittee shall be deemed to be the surviving partner(s). If the STLU property is held in trust, including in a living trust, then, for purpose of this subsection, ownership terminates upon a change of the primary beneficiary or beneficiaries. If a property owner or owners transfer ownership of a property into a trust, a change of ownership will not be deemed to have occurred as long as every primary beneficiary of the trust was also an owner of the property before the transfer.

(Ord. No. 1622, § 5, 5-17-2016; Ord. No. 1654, §§ 5—7, 5-15-2018; Ord. No. 1759, § 3(Exh. A), 10-3-2023)

17.16.146 - Short-term Apartment Rental Permit.

A.

Purpose and Intent; STAR Permit Required. .....It is the purpose of the Short-term Apartment Rental ("STAR") permit process to provide for the streamlined review of uses that may have an impact on the surrounding environment and require discretionary review, but due to their nature, scale or location do not require discretionary consideration by the Planning Commission. The STAR permit process has as its purpose the same goals for uses described for the Minor Conditional Use Permit process included in Section 17.16.060A. Conditional Use Permits Purpose and Intent of this chapter, with the exception of the owner-specific nature of the permit not running with the land, A STAR permit is required to operate a STAR.

B.

Authority. .....The Zoning Administrator is the final authority on STAR permits subject to the concurrent review and appeal provisions of Sections 17.12.090, Consideration of Concurrent Applications, and 17.12.140, Appeals of an Action. The Zoning Administrator has the discretion to refer applications to the Planning Commission for review and final action.

C.

Applicability. .....A STAR permit is required for each STAR that is located in a residential zone where general STLUs are not permitted as indicated by the use tables in Chapters 17.32, Residential Zones and Standards, through 17.48, Public Zones and Standards.

D.

Use Requirements. .....The standards for STLU uses prescribed in Section 17.28.292 shall apply to STAR permits.

E.

Submittal Requirements. .....The submittal requirements for STAR permit applications shall be those required under Section 17.12.040, Filing an Application, and Section 17.12.060, Applications Requiring Additional Information.

F.

Application Filing, Processing, and Review.

Application Filing. The review process is initiated when the Planning Division receives an application package. The application package shall include the required information and materials specified in the application and any additional information required by the City Planner or review authority to conduct a thorough review of the proposed project.

2.

Application Review. Each application shall be reviewed to ensure that proposals are consistent with the purpose of this chapter, applicable development standards, policies, regulations, and guidelines.

a.

Development Management Team Review. The Development Management Team reviews an application to determine if it is complete and complies with applicable development standards policies, regulations and guidelines. Within 30 calendar days of application filing, the applicant is notified if their application is complete or if information is needed to complete the application and resume the review process. The Development Management Team also makes comments and recommendations to provide helpful information to applicants and notify them when a proposal does not comply with development standards policies, regulations, and guidelines.

b.

Environmental Review. After an application is complete the project shall be reviewed in compliance with the California Environmental Quality Act to determine if environmental studies are required. If studies are required, then they shall be completed at the applicant's expense, which may require consultant services.

3.

Public Hearing and Appeal Provisions.

a.

Public Hearing is Required. A public hearing and notification shall be conducted in compliance with Section 17.12.100.

b.

The review authority shall review the proposed project and approve, approve with conditions, or deny the application at a public hearing based on an ability to meet required findings.

c.

The review authority's decision may be appealed per Section 17.12.140.

G.

Required Findings. .....Prior to approval of an application for a STAR permit, all of the following findings shall be made.

The proposed use is permitted within the subject zone pursuant to the approval of a STAR permit and complies with all the applicable provisions of this title, the San Clemente General Plan, and the purpose and intent of the zone in which the use is being proposed.

2.

The site is suitable for the type and intensity of use that is proposed.

3.

The proposed use will not be detrimental to the public health safety, or welfare, or materially injurious to properties and improvements in the vicinity.

4.

The proposed use will not negatively impact surrounding land uses.

5.

The use meets the minimum operating and development standards of Subsections 17.28.292E. and F.

6.

The STAR qualifies for an STLU operating license pursuant to Chapter 3.24.

H.

Recordation. .....As a condition of every STLU zoning permit the STLU owner must cause to be recorded with the County Clerk—Recorder, at the owner's expense a "CITY'S RIGHT TO NOTICE OF CHANGE IN OWNERSHIP" covenant. It must state that the property owner covenants to give the City notice of any change in ownership upon conveyance of the property. Notice must be by the owner or by the owner's escrow agent. The STLU zoning permit is void as of the date of conveyance.

I.

Modifications Requested by the Applicant. .....Modifications to approved STAR permits shall be reviewed in accordance with Section 17.12.180, Modifications of an Approved Application.

J.

Modifications or Revocations Initiated by the City. .....The City may change or revoke STLU zoning permits as provided in Section 17.12.175 of this code. The City may also impose penalties and revoke STLU zoning permits and STLU operating licenses pursuant to Sections 3.24.050 through 3.24.067 of this code pursuant to the procedures found therein.

K.

Other Review Requirements. .....The development review process for STLU zoning permit applications, such as time limits on approvals and time extensions, shall be those prescribed by Chapter 17.12, Development Review Process, for general application processing.

L.

Approval Does Not Run with the Land. .....A STAR permit is owner-specific and does not run with the land. Any change of ownership terminates an existing STLU zoning permit and requires a new STLU zoning permit to be issued to the new owner for continued operation of the STLU. A change of ownership shall include but not be limited to the sale of at least 50 percent of the shares in any type of corporation or a change in any of the principal officers in a corporation as determined by the City Manager or his or her designee. Notwithstanding the foregoing, if the permittee is a partnership and one or more of the partners should withdraw, one or more of the remaining partners may acquire by purchase, or otherwise, the interest of the partner or partners who withdrew without effecting a change in ownership, and in such case the permittee shall be deemed to be the surviving partner(s). If the STLU property is held in trust, including in a living trust, then, for purpose of this subsection, ownership terminates upon a change of the primary beneficiary or beneficiaries. If a property owner or owners transfer ownership of a property into a trust, a change of ownership will not be deemed to have occurred as long as every primary beneficiary of the trust was also an owner of the property before the transfer.

(Ord. No. 1622, § 6, 5-17-2016; Ord. No. 1654, § 8, 5-15-2018)

17.16.150 - Temporary Use Permits.

A.

Purpose and Intent. .....The purpose of the Temporary Use Permit process is to provide for the review of certain temporary land use activities on private property, as detailed in Section 17.28.300, Temporary Uses and Structures, to ensure that adverse impacts on surrounding properties, residents and businesses are minimized, that the time limitations for temporary uses are specified and complied with, and that the site of temporary use is restored to its condition prior to establishment of the use.

B.

Authority. .....The table below describes the authority on Temporary Use Permits, subject to the concurrent review and appeal provisions of Section 17.12.090, Consideration of Concurrent Applications, and Section 17.12.140, Appeals of an Action. The City Planner has the discretion to refer applications to the Zoning Administrator for review and final action. If an application is referred to the Zoning Administrator, a public hearing and notification is required per Section 17.12.100.

Table 17.16.155A—Review Requirements for Temporary Use Permits

C.

Applicability. .....The provisions of this section shall apply to all temporary uses and structures requiring the approval of a Temporary Use Permit, as required in Section 17.28.300, Temporary Uses and Structures.

D.

Submittal Requirements. .....Please refer to the submittal requirements in Section 17.12.040, Filing an Application, and Section 17.12.060, Applications Requiring Additional Information.

E.

Review Procedures. .....Following the receipt of a complete application, the Review Authority, identified in Table 17.16.155A, shall review a Temporary Use Permit request for compliance with minimum standards and make a decision based on an ability to meet required findings pursuant to 17.16.150(G), Required Findings.

1.

If the City Planner is the review authority and an application is not acted upon within 30 days, the application shall be put on the next available agenda for a regularly scheduled Zoning Administrator meeting as a New Business Item.

2.

A public hearing and notification is required when the review authority is the Zoning Administrator. The Zoning Administrator then shall approve, approve with modifications and/or conditions, or deny the Temporary Use Permit.

F.

Conditions. .....Please refer to Section 17.28.300(J), Conditions, for a list of potential conditions of approval for temporary uses.

G.

Required Findings.

1.

City Planner Decisions. For administrative approval of a Temporary Use Permit, the City Planner shall find the application complies with the Zoning Code (Municipal Code Title 17).

2.

Zoning Administrator Decisions. For discretionary approval of a Temporary Use Permit, the Zoning Administrator shall find all of the following:

a.

The proposed use is permitted within the subject zone pursuant to the approval of a Temporary Use Permit and complies with all the applicable provisions of this title, the San Clemente General Plan and the purpose and intent of the zone in which the use is being proposed; and

b.

The site is suitable for the type and intensity of use that is proposed; and

c.

The proposed use will not be detrimental to the public health, safety or welfare, or materially injurious to properties and improvements in the vicinity; and

d.

The proposed use will not negatively impact surrounding land uses.

H.

Appeals. .....An appeal of the decision on a Temporary Use Permit shall be reviewed in accordance with Section 17.12.140, Appeals of an Action.

I.

Modifications Requested by the Applicant. .....Modifications requested by the applicant to approved Temporary Use Permits shall be reviewed in accordance with Section 17.12.180, Modifications of an Approved Application.

J.

Modifications and/or Revocations Initiated by the City. .....The City may take code enforcement action when conditions of approval are violated or it is necessary to resolve a nuisance, including but not limited to making changes to conditions of approvals or require activities to cease. If the City finds the application contained incorrect, false, or misleading information, the City may revoke the approval of applications. Refer to Section 17.12.175 for related procedures and required findings. If issues arise from a permitted

special activity, the Review Authority may consider such issues as part of the administrative record for decisions on future special activity requests.

K.

Other Review Requirements. .....Refer to Chapter 17.12, Development Review Process, for general application processing requirements, such as time limits on approvals and time extensions.

L.

Approval Runs with the Land. .....The approval of permits shall run with the land, and shall continue to be valid for the specific dates of the approved use or activity upon a change of ownership of the site to which it applies.

(Ord. 1304 § 16, 2005; Ord. 1172 § 3 (part), 1996)

(Ord. No. 1561, § 3(Exh. A, § 6), 11-27-2012; Ord. No. 1594, § 3(Exh. A, § 17), 5-5-2015; Ord. No. 1759, § 3(Exh. A), 10-3-2023)

17.16.155 - Special Activities Permits.

A.

Purpose and Intent. .....The purpose of the Special Activities Permit process is to provide for the review of certain temporary land use activities on private property, as detailed in Section 17.28.295, Special Activities, of this title, to ensure that adverse impacts on surrounding properties, residents and businesses are minimized, that the time limitations for special activities are specified and complied with, and that the site of special activity is restored to its condition existing prior to establishment of the activity.

B.

Authority. .....The table below describes the authority on Special Activities Permits, subject to the concurrent review and appeal provisions of Section 17.12.090, Consideration of Concurrent Applications, and Section 17.12.140, Appeals of an Action. The Community Development Director and Zoning Administrator have the discretion to refer applications to the Planning Commission for review and final action. When an application is referred, a public hearing and notification is required per Section 17.12.100.

Table 17.16.155A

Review Requirements for Applicable Special Activities in Non-Residential Zones

C.

Applicability. .....The provisions of this section shall apply to all special activities on private property requiring the approval of a Special Activities Permit, as required in Section 17.28.295, Special Activities.

1.

Non-residential Zones. A Special Activity is defined as any activity on private property (commercial or noncommercial) which temporarily intensifies the impacts (i.e., parking, traffic, noise, light and glare, etc.) of an existing permitted use or which create a potential conflict among land uses. Normal sales or functions which are incidental to the existing permitted use (i.e., sales conducted within the structure of an existing retail use, live entertainment if currently permitted under a Conditional Use Permit, etc.) shall not be considered a Special Activity. Typical activities that would be considered a Special Activity within nonresidential zones would include, but not be limited to, art shows, open house, grand openings, and activities providing shuttle or valet service.

D.

Submittal Requirements. .....Please refer to the submittal requirements in Section 17.12.040, Filing an Application, and Section 17.12.060, Applications Requiring Additional Information.

E.

Review Procedures. .....Following the receipt of a complete application, the review authority, identified in Table 17.16.155A, shall review a Special Activities Permit request for compliance with minimum standards and make a decision based on an ability to meet required findings below. A public hearing and notification is required when the review authority is the Zoning Administrator or Planning Commission. If the Community Development Director is the review authority and an application is not acted upon within 30 days, the application shall be put on the agenda for the next regularly scheduled Planning Commission meeting as a New Business item. The Planning Commission then shall approve, approve with modifications, or deny the application.

F.

Conditions. .....Please refer to Section 17.28.295F., Conditions, for a list of potential conditions of approval for temporary uses.

G.

Required Findings. .....Prior to the approval of an application for a Special Activities Permit, the following findings shall be made:

1.

The proposed use is permitted within the subject zone pursuant to the approval of a Special Activities Permit and complies with all the applicable provisions of this title, the San Clemente General Plan and the purpose and intent of the zone in which the use is being proposed.

2.

The site is suitable for the type and intensity of use that is proposed.

3.

The proposed use will not be detrimental to the public health, safety or welfare, or materially injurious to properties and improvements in the vicinity.

4.

The proposed use will not negatively impact surrounding land uses.

H.

Appeals. .....An appeal of the decision on a Special Activities Permit shall be reviewed in accordance with Section 17.12.140, Appeals of an Action.

I.

Modifications Requested by the Applicant. .....Modifications requested by the applicant to approved Special Activities Permits shall be reviewed in accordance with Section 17.12.180, Modifications of an Approved Application.

J.

Modifications and/or Revocations Initiated by the City. .....The City may make changes or revoke the approval of applications when conditions of approval are violated, it is necessary to resolve a nuisance, and/or when the application contained incorrect, false, or misleading information. Refer to Section 17.12.175 for related procedures and required findings. When a Special Activities Permit has been revoked, another Special Activities Permit shall not be issued to the same location within one calendar year of the date of revocation.

K.

Other Review Requirements. .....Refer to Chapter 17.12, Development Review Process, for general application processing requirements, such as time limits on approvals and time extensions.

L.

Approval Runs with the Land. .....The approval of applicant/location permits shall run with the land, and shall continue to be valid upon a change of ownership of the site to which it applies.

(Ord. 1314 § 11, 2006)

(Ord. No. 1561, § 3(Exh. A, § 7), 11-27-2012; Ord. No. 1594, § 3(Exh. A, § 18), 5-5-2015)

17.16.160 - Designation of Historic Resources and Landmarks.

A.

Purpose and Intent. .....The purpose of this section is to provide a method for determining whether places, sites, buildings, structures, objects or improvements, manmade or natural, shall be included on, or deleted from, the City's Designated Historic Resources or Landmarks Lists.

B.

Authority. .....The Planning Commission is the final authority on amendments to the City's Designated Historic Resources List, subject to the concurrent review and appeal provisions of Sections 17.12.090, Consideration of Concurrent Applications, and 17.12.140, Appeals of an Action, of this title. The Planning Commission shall indicate by resolution its proposed recommendation on amendments to the City's Landmark List. The City Council is the final authority on amendments to the City's Landmark List.

C.

Applicability. .....This section shall apply to all amendments to the City's Designated Historic Resources or Landmarks Lists. The provisions of this title shall not apply to a designated property or any adjacent property until the written notice required by this section has been sent to the property owner by the Commission or Council.

D.

Initiation of Amendments to the City's Designated Historic Resources List or City's Landmarks List. .....An amendment to the City's Designated Historic Resources List or Landmarks List may be initiated by any of the following actions:

1.

At the direction of the City Planner;

2.

The filing of an application by a property owner(s) or his/her (their) authorized agent(s).

E.

Submittal Requirements. .....For owner-initiated applications, please refer to the submittal requirements in Section 17.12.040, Filing an Application, and Section 17.12.060, Applications Requiring Additional Information, of this title.

F.

Standards to be Applied in Designating or Deleting Historically Significant Resources and Landmarks.

1.

Designation of Historic Resources. In designating any place, site, building, structure, object, or improvement, whether manmade or natural, in its natural setting as being of historical or cultural significance and worthy of protection under this section, the property shall have been found to have historical, cultural, or special character or interest for the general public and not be limited in interest to only a special group of persons.

The criteria to be used in determining historical, cultural or special character or interest is that the place, site, building, structure, object, or improvement is at least 50 years old, or less than 50 years old with exceptional importance, possesses integrity of location, design, setting materials, and workmanship; and meets one or more of the following:

a.

Is associated with events that have made a significant contribution to the pattern of local, state or national history, specifically the 1925—1936 Ole Hanson period or the 1950s and 1960s post-World War II period.

b.

Is associated with the lives of persons or with institutions significant in local, state or national history, specifically the 1925—1936 Ole Hanson period, or buildings and structures associated with President Richard Nixon.

c.

Embodies the distinctive characteristics of an architectural style, type, material or the use of indigenous materials or craftsmanship, or is the work of an architect, designer or builder significant in local, state or national history. Periods for San Clemente with distinctive characteristics, as identified in the Historic Resources Survey, consist of: 1925—1936 Ole Hanson period of Spanish Colonial Revival; the 1937—1949 period for non-Spanish Colonial Revival; the 1950s and 1960s Mid-Century, Modern-style commercial buildings; and, 1950s buildings in general.

d.

Retains character-determining architectural features and materials.

e.

Exhibits Spanish Colonial Revival architectural style.

In addition, when designating a historic district, the district shall include preservation measures appropriate for the historic district, and criteria for determining contributing properties in the historic district.

Designation of Landmarks. In designating any place, site, building, structure, object, or improvement, manmade or natural, and worthy of added protection under this section, the property shall have been found to have special historical, cultural, architectural, archeological, social, or aesthetic character or value inherent to the City, State, or Nation.

The criteria to be used in determining special historical, cultural, architectural, archeological, social, or aesthetic character or value is that the Landmarks shall be on the Designated Historic Resources List and meet one or more of the following criteria:

a.

Associated with events that have made a significant contribution to the broad patterns of the history of the City, State, or Nation.

b.

Associated with persons significant in the history of the City, State, or Nation.

c.

Embodies distinctive characteristics of a style, type, period, or method of construction. Of primary importance to San Clemente is the Spanish Colonial Revival architecture.

d.

Exemplifies the best remaining building type or architectural style in a neighborhood.

e.

Is essential to the integrity of another landmark.

f.

Is integral to maintaining a natural or cultural landscape that strongly contributes to the well-being of the people of the City, State, or Nation.

g.

Has a unique location, singular physical characteristic(s), or is a landscape, view, or vista representing an established and familiar visual feature of a neighborhood, community, or of the City.

3.

Responsibilities of Designation/Expenditure of Public Funds. Whenever a property proposed to be so designated is private, expenditures for its upkeep, preservation, maintenance and protection shall be made by the owner thereof in all but the most exceptional cases. If, after careful review, the Planning Commission proposes that public funds be expended for the preservation, restoration, maintenance or protection of a designated property or for any other purpose in connection with said designation, the recommendation made by the Planning Commission to the City Council shall set forth all facts and reasons for such recommendation and shall include a statement setting forth, as accurately as possible, the estimated cost

in public funds which would be so involved. The City Council, in acting upon said proposed designation, shall also determine whether the expenditure of public funds in connection with said designation is justified. If the owner of a designated property so desires, he or she will be presented a plaque commemorating such historically valuable designation.

4.

Deletion. In deleting any place, site, building, structure or object from the City's Designated Historic Resources or Landmarks Lists, the owner(s) or his/her (their) authorized agent(s) shall be responsible to provide evidence in accordance with one of the following:

a.

The information relied on by the Planning Commission or City Council in making the original designation was erroneous or false, or significant new information is available that was not previously available, such that the place, site, building, structure or object does not meet the criteria specified in Subsection (F)(1) or (F)(2) of this section.

b.

Circumstances wholly beyond the property owner's control have rendered the resource ineligible for designation in accordance with the criteria specified in Subsection (F)(1) or (F)(2) of this section.

G.

Review Procedures.

1.

City's Designated Historic Resources List.

a.

Following receipt of a completed application or direction from the City Planner to list or remove a property on the City's Designated Historic Structures List, and completion of required environmental documentation, the Planning Division shall submit its report along with all applicable project documents to the Design Review Subcommittee of the Planning Commission. Consideration of amendments to the list by the Design Review Subcommittee shall be agendized at least 72 hours in advance of the hearing. The Design Review Subcommittee shall review the request and make a recommendation to the Planning Commission to add and/or delete various properties from the City's Designated Historic Resources List. The City Planner shall forward the Design Review Subcommittee's recommendation to the Planning Commission.

b.

After the Design Review Subcommittee's recommendation for properties to be listed on or removed from the Historic Resources List, a public hearing before the Planning Commission shall be noticed and held in compliance with Section 17.12.100, Public Hearing and Notification, of this title. At the Planning Commission hearing, the Planning Commission shall consider all evidence and adopt a resolution deleting, or adding, the subject properties from, or to, the City's Designated Historic Resources List, (or shall make a

recommendation on the amendment to the City Council if the project is a concurrent project as defined in Section 17.12.090).

c.

In designating a historic district, the resolution shall incorporate preservation measures appropriate for the historic district, and criteria for determining contributing properties in the historic district.

2.

Landmarks List.

a.

Following receipt of a completed application or direction from the City Planner to list or remove a property on the Landmarks List, and completion of required environmental documentation, the Planning Division shall submit its report along with all applicable project documents to the Planning Commission. A public hearing before the Planning Commission shall be noticed and held in compliance with Section 17.12.100, Public Hearing and Notification, of this title. At the Planning Commission hearing, the Planning Commission shall consider all evidence and adopt a resolution recommending that the City Council delete or add the subject properties from, or to, the City's Landmarks List.

b.

After the Planning Commission's recommendation, a hearing before the City Council shall be noticed and held in compliance with Section 17.12.100, Public Hearing and Notification, of this title. At the City Council hearing, the City Council shall consider all evidence and adopt a resolution deleting, or adding, the subject properties from or to the City's Landmarks List (or the Designated Historic Resources List if the project is a concurrent project as defined in Section 17.12.090 or an appeal as defined in Section 17.12.140).

H.

Notification of Designation or Deletion of Historically Significant Properties. .....Upon initial completion and subsequent amendment, the Planning Commission or the City Council shall be responsible for the following notices regarding the City's Designated Historic Resources List or Landmarks List, respectively:

1.

Notification in writing to the owner of each such property of the fact that such property has been so designated or deleted. The Commission or Council shall give all such persons prior written notice of any further action which it intends to take with respect to each such property. Notice shall be mailed to the owner at the address shown on the last equalized assessment roll of the County of Orange a minimum of 10 days prior to the time the Commission takes any further action regarding the property.

2.

Transmittal of the list to Director of Community Development and the City Engineer.

I.

Appeals. .....An appeal of the decision on the City's Designated Historic Resources List or Landmarks List shall be reviewed in accordance with Section 17.12.140, Appeals of an Action, of this title.

J.

Approval Runs with the Land. .....The approval of designation of a historic property shall run with the land, and shall continue to be valid upon a change of ownership of the site to which it applies.

(Ord. 1445 § 10, 2007: Ord. 1194 § 2, 1997: Ord. 1172 § 3 (part), 1996; Ord. No. 1707, § 3, 2-2-2021)

17.16.170 - Demolition of Historic Properties.

A.

Purpose and Intent. .....The purpose of this section is to the provide a review procedure for requests to demolish buildings, structures and other resources on the City's Designated Historic Resources List and buildings, structures and other resources on or eligible for listing in the California Register of Historic Resources. For the purposes of this section, the term "demolish" shall mean an act that destroys in whole or in part a designated historic resource.

B.

Authority. .....The City Council, upon recommendation from the Planning Commission acting as the City's Cultural Heritage Board, shall be responsible for the issuance of a Historic Demolition Permit for any building, structure or other resource located within the City of San Clemente which is: (1) on the City's Designated Historic Resources List; or (2) listed in or eligible for listing in the California Register of Historic Resources. The issuance of a Historic Demolition Permit is a precondition to obtain from the City's Building Department a demolition permit to demolish any building, structure or other resource located within the City of San Clemente which is: (1) on the City's Designated Historic Resources List; or (2) listed in or eligible for listing in the California Register of Historic Resources.

C.

Applicability. .....This section shall apply to all applications for or resulting in the demolition of any buildings, structures or other resources listed on the City's Designated Historic Resources List or listed or eligible for listing in the California Register of Historic Resources. Eligible for listing in the California Register of Historic Resources means, as identified in San Clemente's Historic Resources Survey and as may be amended, one or more of the following:

•

Associated with events that have made a significant contribution to the broad patterns of local or regional history or the cultural heritage of California or the United States, specifically the 1925—1936 Ole Hanson period or the 1950s and 1960s post-World War II period; or,

•

Associated with the lives of persons important to local, California or national history, specifically the 1925— 1936 Ole Hanson period, or buildings and structures associated with President Richard Nixon; or,

•

Embodies the distinctive characteristics of a type, period, region or method of construction or represents the work of a master or possesses high artistic values. Periods for San Clemente with distinctive characteristics, as identified in the Historic Resources Survey, consist of: 1925—1936 Ole Hanson period of Spanish Colonial Revival; the 1937—1949 period for non-Spanish Colonial Revival; the 1950s and 1960s Mid-Century, Modern-style commercial buildings; and, 1950s buildings in general; or,

•

Has yielded, or has the potential to yield, information important to the prehistory or history of the local area, California or the nation. See the Historic Resources Survey if amended to identify these resources for San Clemente.

D.

Restriction on Issuance of Demolition Permits. .....No permit for the demolition of any structure or other resource listed on the City's Designated Historic Resources List or listed in or eligible for listing in the California Register of Historic Resources shall be issued unless and until the City Council first issues a Historic Demolition Permit pursuant to this section.

E.

Review Procedures for Demolition Requests.

1.

Notification of Request. Whenever an application for a permit is filed with any City department for the demolition of any building, structure or resource on the City's Designated Historic Structures List or listed in or eligible for listing in the California Register of Historic Resources, the application shall be deemed incomplete until such time as the City Council issues the discretionary Historic Demolition Permit (as opposed to the permit to demolish issued by the City Building Official) under this section.

2.

Review Procedure. Following the receipt of a completed application and completion of the required environmental documentation under the California Environmental Quality Act, a public hearing before the Planning Commission shall be noticed and held pursuant to Section 17.12.100, public hearing and notification, of this title. After completion of the Planning Commission hearing, the Planning Commission shall indicate by resolution whether it recommends that the proposed Historic Demolition Permit be approved, approved with modifications and/or conditions, or denied by the City Council. A public hearing before the City Council will then be noticed and held pursuant to Section 17.12.100. After completion of the public hearing the City Council shall indicate by resolution whether the application for the proposed Historic Demolition Permit is approved, approved with modifications and/or conditions, or denied.

3.

Required Findings. Prior to any approval of an application for a Historic Demolition Permit, the following finding in subparagraph (a) or alternatively, the findings in subparagraphs (b) and (c) below shall be made:

a.

Any environmental impact caused by the demolition of the historic building, structure or other resource shall be mitigated to a level of insignificance as those terms are used in the California Environmental Quality Act; or

b.

Based upon substantial evidence, specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make it infeasible to mitigate the environmental impacts of the project to a level of insignificance; and

c.

Specific overriding economic, legal, social, technological, and other benefits of the demolition and/or of any project proposed to be constructed in place of the historic building, structure or other resource outweighs the significant effects on the environment caused by its demolition.

F.

Penalty for Demolition of Historic Structures. .....It shall be unlawful for any person, whether acting as a principal, agent, employee, or otherwise, to demolish any building, structure or other resource covered by this section. In addition, no building permit shall be issued for any new development on the property in question for a period of five years from the date the violation occurs, other than as may be required to comply with applicable health and safety requirements and regulations, and in no event shall any permit authorize the new construction to exceed the building's square footage, lot coverage, and use of the original structure.

(Ord. 1446 § 2, 2007: Ord. 1172 § 3 (part), 1996; Ord. No. 1664, § 41, 9-18-2018; Ord. No. 1707, § 3, 2-22021)

17.16.175 - Historic Preservation Incentives, Historic Property Preservation (Mills Act) Agreements.

A.

Purpose and Intent. .....In order to preserve and protect the cultural, historical, and architectural heritage of San Clemente, certain incentives are provided in various sections of this title to owners of designated historically significant properties. The purpose and intent of this section is to outline the process for obtaining property tax reduction incentives available through the execution of a voluntary Historic Property Preservation Agreement with the City of San Clemente. For other, regulatory incentives, see Sections 17.16.180, Waivers of Fees/Development Standards, Relocation of Historic Structures; 17.64.120, Modifications and Waivers of Parking Requirements; and Section 17.16.110. Please refer to the City's Building Division for additional provisions related to the use of the State Historical Building Code.

B.

Authority. .....The City Council is the final authority on the authorization and approval of Historic Property Preservation Agreements with owners of properties on the City's Designated Historic Resources List in accordance with Government Code §§ 50280 et seq. and the Revenue and Taxation Code §§ 439.2 et seq.

C.

Applicability and Eligibility. .....This section shall apply to all applications for property tax reductions through contracts between the City and the property owner, called Historic Property Preservation Agreements. In order to be eligible for an Historic Property Preservation Agreement, the property must be listed on the City's Designated Historic Resources List, and be an income-producing or owner-occupied property.

D.

Mandatory Provisions of Historic Property Preservation Agreements. .....State law mandates that, at a minimum, Historic Property Preservation Agreements provide for all of the following:

1.

A perpetual 10-year term, with a minimum initial agreement term period of 10 years, and one year added automatically to the term of the Agreement each year unless a notice of nonrenewal has been filed. If a notice of nonrenewal is filed, the agreement will become null and void upon expiration of the 10-year term in effect at the time the notice was filed.

2.

Preservation of the designated historically significant property throughout the term of the agreement.

3.

Restoration and rehabilitation, as necessary, to conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation.

4.

At the applicant's expense, in a fee established by resolution of the City Council, periodic examinations, every five years consistent with State law as may be amended, of the interior and exterior of the property by the assessor, the State Department of Parks and Recreation, and the State Board of Equalization as may be necessary to determine the property owner's compliance with the terms of the agreement. Although not mandated by the state, each agreement will also provide for periodic inspections by city staff with advance notice.

5.

For the agreement to be binding upon, and inure to the benefit of, all successors in interest of the property owner. Successors in interest shall have the same rights and obligations under the agreement as the original owner who entered into the agreement.

6.

Penalty of 12½ percent of the full market value if the agreement is canceled in accordance with subsection (J) of this section.

E.

Initiation of Historic Property Preservation Agreements. .....A request for approval of an Historic Property Preservation Agreement may be initiated by the filing of an application by the owner(s) or his/her (their) authorized agent(s) of a property on the City's Designated Historic Resources List.

After January 1, 1998, applications will be accepted on a quarterly basis (first come, first served) for the first three quarters of each calendar year. No more than five applications may be accepted by the City during each quarter.

F.

Submittal Requirements. .....Except as amended in this section, please refer to the submittal requirements in Section 17.12.040, Filing an Application, and Section 17.12.060, Applications Requiring Additional Information, of this title.

G.

Review Procedures for Historic Property Preservation Agreement Requests.

1.

All applications for Historic Property Preservation Agreements submitted within each quarter will be processed together in the quarter following the quarter in which the application was deemed to be complete. All approved agreements must be executed on or before December 31 of each year in order to take effect for the following property tax year.

2.

Agreements completed, but not executed, by December 31 of a given year will be carried over for execution and recording in the following year and will take effect in accordance with subsection (G)(1) of this section.

3.

Pre-application Review. Prior to submitting an application for an Historic Property Preservation Agreement, the owner shall schedule a pre-application review conference with the Planning Division. The purpose of the pre-application review conference is to ensure that mandatory terms of the agreement are understood and that the minimum submittal requirements are met. Applications may be submitted after the preapplication review conference.

4.

Following receipt of a completed application, the Planning Division shall schedule a meeting with the property owner at the subject property (the "site meeting"). The purpose and intent of the site meeting is to inspect the property to determine compliance with the criteria specified in Section 17.16.160(F) of this chapter and review the proposed improvements and maintenance items, if any, deemed necessary during the first 10-year period of the agreement to restore the property's architectural and/or historical integrity. After the site meeting, a follow-up meeting may be scheduled by the City Planner with the property owner to estimate the potential property tax savings for the individual property. However, actual property tax savings will be calculated by the County Tax Assessor each tax year. The City's estimate is no more than a

simple estimate and not intended by the City to represent the actual tax savings any person may experience. No person should rely on City representatives regarding the potential tax savings resulting from the execution of an Historic Property Preservation Agreement when such person is contemplating entering into such an agreement. Any person seeking to understand the tax consequences of entering into the agreement should consult his/her tax expert.

5.

Once the site meeting has been completed, the applicant and the Planning Division shall agree upon a list of necessary improvements and maintenance items, if any, and the timeline for completion. The Planning Division shall forward the draft agreement, and the proposed list of improvements, to the Cultural Heritage Subcommittee for review. The subcommittee shall consider the proposed list of improvements, may make recommendations for amendments to said list, and shall make a recommendation to the City Council regarding approval or denial of the agreement together with the proposed list of improvements.

6.

Following receipt of a recommendation on the agreement together with the proposed list of improvements, the City Council shall conduct a public hearing in compliance with Section 17.12.100, Public Hearing and Notification, of this title.

7.

After completion of the public hearing, the City Council shall either approve, conditionally approve or disapprove the request.

8.

Once an Historic Property Preservation Agreement has been approved by the City Council, the property owner shall pay the fee for processing the application to the City Planning Division at the time the application is submitted. Once the applicable fee has been paid, the approved agreement shall be executed by the property owner(s) and the City with notarized signatures. The City shall forward all agreements properly executed during a given calendar year to the County Recorder's office for recordation within 20 days after the execution date. The recorded copy will be returned to the City for submission to the County Tax Assessor's office for implementation. In accordance with state law, no properly executed Historic Property Preservation Agreement may take effect until it has been recorded and submitted to the County Tax Assessor's office. Each Historic Property Preservation Agreement recorded before January 20 of a calendar year will take effect for property tax reduction purposes in the tax year beginning July of that calendar year.

H.

Approval Runs with the Land. .....The approval of an Historic Property Preservation Agreement shall run with the land, and shall continue to be valid upon a change of ownership of the site to which it applies. The Planning Division will send a letter to the property owner every year requesting property status information, including any completed improvements required by the Historic Preservation Agreement and any changes to primary property owner contact information.

I.

Notice of Nonrenewal. .....Either party to an Historic Property Preservation Agreement may file a notice of nonrenewal at any time after entering into the agreement. The effect of the notice of nonrenewal is that the agreement will become null and void upon expiration of the 10-year term in effect at the time the notice is filed.

J.

Cancellation of Agreement.

1.

The City Council may cancel an Historic Property Preservation Agreement if the City Council determines that the property owner has breached any of the terms of the Agreement, or has allowed the property to deteriorate to the extent that it no longer meets the criteria in Section 17.16.160(F)(1).

2.

Following completion of the Enforcement of Agreement procedures contained within each Historic Property Preservation Agreement and prior to the cancellation of a Historic Property Preservation Agreement, the City Council may initiate and review cancellation of an Agreement as described in Section 17.12.175, City Initiated Changes of Revocation of Approved Applications.

3.

If the City Council cancels an Agreement, the property owner shall pay a penalty of 12½ percent of the full market value of the property, as determined by the County Tax Assessor, to the State.

(Ord. 1445 §§ 11, 12, 2007; Ord. 1231 § 5, 1999; Ord. 1194 § 3, 1997)

(Ord. No. 1548, § 3(Exh. C, § 11), 3-6-2012; Ord. No. 1707, § 3, 2-2-2021; Ord. No. 1759, § 3(Exh. A), 10-32023)

17.16.180 - Waiver of Fees/Development Standards for Historic Resources and Landmarks.

A.

Purpose and Intent. .....In order to preserve and protect the cultural, historical, and architectural heritage of San Clemente, certain incentives are provided in various sections of this title to owners of designated historically significant properties. The purpose and intent of this section is to describe the waiver of fees/development standards for historic resources and landmarks on the City's designated historic

resources and landmarks list. For other regulatory incentives, see Sections 17.16.175, Historic preservation incentives, historic property preservation (Mills Act) agreements; 17.64.120, Modifications and Waivers of Parking Requirements; and Section 17.16.110. Please refer to the City's Building Division for additional provisions related to the use of the State Historical Building Code.

B.

Authority. .....The City Council is the final authority on the authorization and approval of fee/development standard waivers for properties on the City's Designated Historic Resources List.

C.

Fee waivers.

1.

The fees for the first eight hours of time required to process a Cultural Heritage Permit shall be waived for the following eligible properties:

a.

All resources sites listed on the City's List of Designated Historic Structures Resources and Landmarks Lists.

b.

All abutting single-family homes and duplexes.

c.

All sites with three or more dwelling units within 300 feet of residentially zoned sites listed on the City's List of Designated Historic Structures Resources and Landmarks Lists.

The fee waiver shall not apply to non-historic properties located within the Architectural Overlay District.

The fee waiver shall not apply to any costs incurred for any required technical studies, miscellaneous associated fees with processing the application, additional permits, etc. Projects taking less than eight hours of staff time to process shall not be provided a credit for the value of the unused portion of the fee waiver.

(Ord. 1445 § 13, 2007; Ord. 1172 § 3 (part), 1996)

(Ord. No. 1496, § 2, 9-1-2009; Ord. No. 1759, § 3(Exh. A), 10-3-2023)

Editor's note— Ord. No. 1717, § 5, adopted Oct. 19, 2021, repealed § 17.16.190, which pertained to sound amplification permits and derived from Ord. 1308 § 9, adopted in 2006 and Ord. 1172 § 3 (part), adopted in 1996. Provisions pertaining to sound amplification permits is now set forth in Ch. 12.34.

One of the purposes of the business license review process is to determine a business' compliance with the regulations of the Zoning Ordinance. The Planning Division is responsible for the review of business license applications to determine their compliance with the Zoning Ordinance. Please refer to Title 5, Business Licenses and Regulations of this code for additional provisions related to the review of business licenses.

(Ord. 1172 § 3 (part), 1996)

The Building Permit review process requires review of Building Permit applications by a number of the City's divisions and departments. One of the purposes of the Building Permit review process is to provide for the Planning Division's determination that proposed development complies with the City's Zoning Ordinance and with the conditions of any discretionary approvals a project has received from the City. Please refer to the City's Building Division for additional provisions related to the review of Building Permits.

(Ord. 1172 § 3 (part), 1996)

Please refer to Chapter 5.12, Adult-Oriented Businesses, of this code for provisions for obtaining an AdultOriented Business Permit.

(Ord. 1172 § 3 (part), 1996)

Development agreements are processed by the Community Development Department in accordance with State law, Government Code Section 65864. In accordance with State law, the approval of a development agreement by the City requires public hearings before both the Planning Commission and City Council.

(Ord. 1172 § 3 (part), 1996)

17.16.240 - Administrative Sign Permits.

A.

Purpose and Intent. .....The Administrative Sign Permit process is to provide for a more expeditious and streamlined review and approval procedure for signs that are consistent with the standards of this chapter.

B.

Authority. .....The City Planner is the final authority on Administrative Sign Permits, subject to the concurrent review and appeal provision of Section 17.12.090, Consideration of Concurrent Applications, and Section 17.12.140, Appeals of an Action. The City Planner has the discretion to refer applications to the Zoning Administrator for review and final action. If an application is referred to the Zoning Administrator, a public hearing and notification is required per Section 17.12.100.

C.

Submittal Requirements. .....Please refer to the submittal requirements in Section 17.12.040, Filing an Application, and Section 17.12.060, Applications Requiring Additional Information.

D.

Review Procedures. .....Following receipt of a completed application, the City Planner shall review the application for compliance with the Zoning Ordinance. When a Discretionary Sign Permit and/or Sign Exception Permit is approved for signage, Administrative Sign Permit Applications are also reviewed to ensure they are consistent with plans approved through the discretionary review process.

E.

Appeals. .....An appeal of the action upon an Administrative Sign Permit shall be reviewed in accordance with Section 17.12.140, Appeals of an Action.

F.

Modifications Requested by the Applicant. .....Modifications requested by the applicant to approved Temporary Use Permits shall be reviewed in accordance with Section 17.12.180, Modifications of an Approved Application, of this title.

G.

Modifications and/or Revocations Initiated by the City. .....The City may make changes or revoke the approval of applications when conditions of approval are violated, it is necessary to resolve a nuisance, and/or when the application contained incorrect, false, or misleading information. Refer to Section 17.12.175 for related procedures and required findings.

H.

Other Review Requirements. .....Refer to Chapter 17.12, Development Review Process, for general application processing requirements, such as time limits on approvals and time extensions.

(Ord. 1172 § 3 (part), 1996)

(Ord. No. 1594, § 3(Exh. A, § 19), 5-5-2015)

A.

Purpose and Intent. .....The purpose of this section is to provide a discretionary review process for signs that are significant in terms of size, number, location or type. The intent of discretionary review is to ensure signs are compatible and harmonious with the architecture of the buildings they serve and with the surrounding neighborhood. The intent of discretionary review is also to ensure that signs comply with the purpose and intent of the City's sign regulations.

B.

Authority. .....The final authority on Discretionary Sign Permits is as follows:

1.

Planning Commission for signage in the Architectural Overlay district, freestanding signs, pole signs, and Master Sign Programs for new development.

Zoning Administrator for other signage requiring a Discretionary Sign Permit.

C.

Applicability. .....A Discretionary Sign Permit is required to allow any of the following:

1.

Sign types for which a Discretionary Sign Permit is required in Table 17.84.030(A), Matrix of Sign Types.

2.

Tenant exceeding 64 square feet at a property outside of the Architectural Overlay District.

3.

Tenant signage exceeding 25 square feet at a property within the Architectural Overlay District.

4.

Signs with neon lighting.

5.

Master Sign Programs according to Section 17.84.020(G).

D.

Submittal Requirements. .....Please refer to the submittal requirements in Section 17.12.140, Filing an Application, and Section 17.12.060, Applications Requiring Additional Information.

E.

Application Filing, Processing, and Review.

1.

Application Filing. The review process is initiated when the Planning Division receives a complete application package. The application package shall include the required information and materials specified in the application and any additional information required by the City Planner or review authority to conduct a thorough review of the proposed project.

2.

Application Review. Each application shall be reviewed to ensure that proposals are consistent with the purpose of this chapter; applicable development standards, policies, regulations, and guidelines.

a.

Development Management Team review. The Development Management Team reviews an application to determine if it is complete and complies with applicable development standards, policies, regulations, and guidelines. Within 30 calendar days of application filing, the applicant is notified if their application is complete or if information is needed to complete the application and resume the review process. The Development Management Team also makes comments and recommendations to provide helpful information to applicants and notify them when a proposal does not comply with development standards, policies, regulations, and guidelines.

b.

Environmental Review. After an application is complete, the project shall be reviewed in compliance with the California Environmental Quality Act and determine if environmental studies are required. If studies are required, then they shall be conducted at the applicant's expense, which may involve the selection of a consultant.

c.

Design Review Subcommittee review. The Design Review Subcommittee shall review applications. The Design Review Subcommittee is an advisory body that reviews design issues and provides a recommendation to the review authority per procedures in Section 17.12.025.

3.

Public Hearing and Appeal Provisions.

a.

Public hearing is required. A public hearing and notification shall be conducted in compliance with Section 17.12.100.

b.

The review authority shall review the proposed project and approve, approve with conditions, or deny the application at a public hearing based on an ability to meet required findings.

c.

The review authority's decision may be appealed per Section 17.12.140.

F.

Required Findings. .....Prior to approval of a Discretionary Sign Permit, all of the following findings shall be made:

1.

The design, including lighting, scale, length and materials, of the sign is consistent with the intent of the design elements of the General Plan, Design Guidelines, respective specific plan or Architectural Overlay District in which the sign is to be located;

The design, scale and materials of the sign harmonize with the architectural design and details of the building or site it serves;

3.

The design and scale of the sign is appropriate to the distance from which the sign is normally viewed;

4.

The design and materials of the sign provide a contrast between the background and letters;

5.

If a freestanding sign is included in the sign application, the design, scale or location of the building dictates the use of freestanding signs, rather than building-mounted signs;

6.

If a pole sign is included in the sign application, the design, scale or location of the building dictates the use of a pole sign rather that a monument sign;

7.

For Master Sign Programs:

a.

The provisions of the Master Sign Program ensure consistency in design and style of all new signs,

b.

The provisions of the Master Sign Program address compatibility of the design and style of any existing signs on the building or site, and

c.

All new signs within the Master Sign Program are in compliance with the design standards of this chapter.

G.

Appeals. .....An appeal of the action upon a Discretionary Sign Permit shall be reviewed in accordance with Section 17.12.140, Appeals of an Action.

H.

Modifications Requested by the Applicant. .....Modifications requested by the applicant to approved Temporary Use Permits shall be reviewed in accordance with Section 17.12.180, Modifications of an Approved Application.

I.

Modifications and/or Revocations Initiated by the City. .....The City may make changes or revoke the approval of applications when conditions of approval are violated, it is necessary to resolve a nuisance, and/or when the application contained incorrect, false, or misleading information. Refer to Section 17.12.175 for related procedures and required findings.

J.

Other Review Requirements. .....Refer to Chapter 17.12, Development Review Process, for general application processing requirements, such as consideration of concurrent applications, time limits on approvals and time extensions.

(Ord. 1314 § 12, 2006; Ord. 1172 § 3 (part), 1996)

(Ord. No. 1561, § 3(Exh. A, § 8), 11-27-2012; Ord. No. 1575, § 23(Exh. A, § 23), 12-3-2013; Ord. No. 1594, § 3(Exh. A, § 20), 5-5-2015; Ord. No. 1638, § 3(Exh. A, § 1), 1-17-2017; Ord. No. 1759, § 3(Exh. A), 10-32023)

Editor's note— Ord. No. 1619, § 4, adopted April 5, 2016 repealed § 17.16.260, which pertained to Sign Exception Permits and derived from Ord. No. 1172, § 3(part), adopted in 1996, and Ord. No. 1594, § 3(Exh. A, § 21), adopted May 5, 2015.

CHAPTER 17.24 - GENERAL DEVELOPMENT STANDARDS

Sections:

The intent of this chapter is to provide general development standards for the City, resulting in new development that is harmonious with existing and potential development in the surrounding area. The standards provided in this chapter apply to all zones, unless otherwise indicated. The standards are minimum or maximum requirements and may be modified to be more stringent through the discretionary review process, when it is required for a project.

(Ord. 1172 § 3 (part), 1996)

A.

Maintenance of All properties. .....All properties within the City shall be kept and maintained in a clean, neat, orderly, operable, safe and usable condition. This section applies to buildings, paving, fences, walls, landscaping, water, earth, and any other structures or natural features.

B.

Maintenance of Historic properties.

1.

Purpose and Intent. The purpose and intent of this subsection is to preserve, protect, and perpetuate the elements of the historic fabric unique to the historic resource or site and to stabilize the historic authenticity of the historic resource, building or site to prevent need for demolition or destruction due to neglect of important resources in the City's history. For purposes of maintenance and repairs, every effort shall be made to stabilize the resource, building or site so that its historical integrity is preserved in a manner consistent with the Secretary of the Interior's Standards.

2.

Maintenance Requirements. To help meet the purpose and intent, the following maintenance requirements are established:

a.

Water Protection. Structures shall be maintained in a watertight condition to preclude intrusion by dry rot and other decay problems caused by water. Deteriorated, insufficient, or ineffective waterproofing or weather protection of exterior walls, roofs, foundations, floors, windows, or doors shall be promptly addressed and repaired to prevent further decay, deterioration, or possibility of injury to members of the public and/or property.

b.

Façade. The façade shall be properly maintained through repair, paint, or any necessary treatment, so as to prevent decay, water or moisture intrusion, damage to the structure, and/or injury to the public. Defective or insufficient weather protection for exterior treatments and façades, including lack of paint or protective covering, shall be promptly addressed, and repaired or stabilized to prevent further decay, deterioration, and possibility of injury to members of the public and/or property.

c.

Structure. Roof, foundation, and structure shall be maintained through proper treatment and repair, to prevent decay, demolition by neglect, loss of historic materials and features, damage to the structure, and/or injury to the public. Defective materials or deterioration which may cause any or all portions of roofs, foundations, walls, or other structural members to deteriorate shall be promptly addressed, and repaired or stabilized to prevent further decay, deterioration, loss of historic fabric, and possibility of injury to members of the public and/or property.

d.

Character Defining Features. The building's elements such as cornices, chimneys, etc. shall be properly maintained to prevent decay, demolition by neglect, loss of historic fabric, and possibility of injury. Deteriorated or defective building elements shall be promptly addressed, and repaired or stabilized to prevent further decay, deterioration, loss of historic fabric, and possibility of injury to members of the public and/or property.

C.

Enforcement and Penalties. .....In addition to any other penalty authorized by law, failure to do so maintain shall constitute a public nuisance pursuant to Chapter 8.52 of this Code resulting in the issuance of an order that the owner perform the maintenance necessary to comply with this section. Any failure to comply with such an order shall entitle the City to cause the maintenance to be performed at the owner's expense and in addition to the penalties provided by this code for violation thereof, such cost may be recovered of such owner or occupant by civil action in any court of competent jurisdiction. In addition, any such costs shall become a lien against the property as provided for in Chapter 8.52.

(Ord. 1446 § 3, 2007: Ord. 1172 § 3 (part), 1996)

Neither the provisions of this title nor the granting of any permit provided for in this title shall authorize or legalize the creation or maintenance of any public or private nuisance.

(Ord. 1172 § 3 (part), 1996)

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.

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.

b.

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.

c.

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.

d.

A detached accessory building/structure shall not be located within five feet of any alley.

==> picture [384 x 341] intentionally omitted <==

e.

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.

Figure 17.24.040B

==> picture [384 x 434] intentionally omitted <==

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.

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 From the Primary Building. A detached accessory building 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.

(Ord. 1322 § 3, 2006: Ord. 1172 § 3 (part), 1996)

(Ord. No. 1561, § 3(Exh. A, § 9), 11-27-2012; Ord. No. 1707, § 3, 2-2-2021; Ord. No. 1759, § 3(Exh. A), 103-2023)

17.24.050 - Building Equipment and Services and Their Screening.

A.

Purpose and Intent. .....The location of trash enclosures and mechanical and other similar types of equipment on private property can significantly affect the visual quality of a project. Particularly important is the view of projects and their related equipment and services from adjacent streets. Because of San Clemente's varied topography, views of roof-mounted equipment need to be considered, as well. The requirements of this subsection are meant to address the negative visual impacts resulting from the location of trash enclosures and mechanical equipment on private property, while recognizing that they are necessary aspects of development. The requirements of this section are supplemented by the City's Design Guidelines, which contain guidelines for the treatment of building equipment and services.

B.

Trash Enclosures. .....Trash enclosures which enclose dumpsters shall be of sufficient size to accommodate the trash and recyclable materials generated by the uses on the parcel(s) being served. All outdoor storage of trash, garbage, refuse, and other items or material intended for discarding or collection shall be screened from public view on at least three sides by a solid wall, constructed of concrete block, compatible with the project's architecture and shall not be less than five feet in height or, alternatively, such other material or design approved by the appropriate decision making authority. The fourth side shall contain an opaque gate which shall be constructed of steel frame, be maintained in working order, and remain closed except when in use. The minimum dimensions of a trash enclosure which encloses a dumpster shall be nine feet wide by six feet deep.

C.

Ground and Roof-Mounted Equipment.

Ground-Mounted Equipment on Private Property. Where feasible, ground-mounted equipment, such as air conditioning units, landscape irrigation's controls, transformers, fuse boxes, telephone equipment, gas meters, water meters, stand pipes, and fire sprinkler connectors, shall be located as follows:

a.

Underground; or

b.

Outside the front yard setback and, when no front yard setback is required outside the area between the street and the building closest to the street.

Where it is infeasible to locate ground-mounted equipment outside the front yard, ground-mounted equipment located in the front yard shall be screened from public view. Screening of ground-mounted equipment must be similar to adjacent landscaping, architecture and/or materials.

2.

Roof-Mounted Equipment. All roof-mounted appurtenances including, but not limited to air conditioning units, and mechanical equipment shall be shielded and architecturally screened from view from on-site parking areas, adjacent public streets and adjacent residentially zoned property as follows:

a.

All roof-mounted equipment shall be located in an equipment well which is screened by a screening wall, parapet wall or equipment well. The height of such equipment, mounted in the well, shall not exceed the height of the architectural element used to screen the well. Viewsheds and sightlines shall be taken into consideration and the equipment should be placed in a location, which effects maximum screening. The Planning Division may also require additional screening devices in conjunction with tenant improvements as deemed necessary where the screening wall, parapet wall or equipment well does not provide adequate screening from the above-referred views.

b.

Roof screens shall be sheathed in a matching or complementary material to the exterior building and may include metal panels, parapet walls or screens constructed of exterior grade plywood or other durable materials.

(Ord. 1172 § 3 (part), 1996)

A.

Definition; Permit Required. ....."Amplified sound" means any sound, including, but not limited to, music and human speech, whose volume is increased by any external aid, whether using electricity, computers, motors, or other mechanisms, or not. Shouting, group chanting, and acoustic musical instruments without any external aid shall be exempt from this definition, but shall be subject to the general non-amplified

sound regulations under Chapter 8.48. The use of amplified sound within a business, restaurant, bar or other commercial establishment is not permitted except under a Minor Conditional Use Permit issued in accordance with Section 17.16.070, Minor Conditional Use Permits.

B.

Findings and Review. .....For a Minor Conditional Use Permit, in addition to the findings required by Section 17.16.070, subsection F:

1.

The review authority shall consider the potential of such amplified sound to result in a violation of other provisions of Chapter 8.48, and shall establish amplifier settings and other limitations on the use of such amplified sound as conditions of approval.

2.

Review and approval shall not consider the information content of the amplified sound, but only its noise level and resulting potential to violate other provisions of this chapter.

3.

Prior to approval of a Minor Conditional Use Permit, the review authority shall solicit the comments and any recommendation of Police Services.

C.

Location. .....No Minor Conditional Use Permit shall be issued that allows the use or operation of sound amplifying equipment in any residential zone or on residential property.

D.

Standards. .....Any Minor Conditional Use Permit that allows the use or operation of sound amplifying equipment shall include, at a minimum, the following requirements:

1.

Noise from such sound amplifying equipment shall comply with the noise standards of Sections 8.48.050 and 8.48.060, except that:

i.

The sound level meter used to obtain the noise measurements shall be configured to use the C-weighting network instead of the A-weighting network.

ii.

The noise standards identified in Sections 8.48.050 and 8.48.060 shall be denoted as "dB(C)" instead of "dB(A)".

The City may require submission of written proof by a qualified acoustical consultant that said sound amplifying equipment complies with these standards.

E.

Conditions. .....In addition, the following should be considered and, where deemed appropriate by the review authority, related conditions or limits should be included as part of the permit:

1.

Hours and days of operation.

2.

The potential for such sound amplifying equipment to interfere with or disturb the occupants of any hospital, sanitarium, school, church, courtroom, place of residence or public assemblage.

3.

The construction of the building or structure, if any, in which sound amplifying equipment is to be located and the ability of said structure to contain noise.

4.

Operational controls to be implemented during the use of sound amplifying equipment including, but not limited to, closing of doors and/or windows, security/administrative controls, etc.

5.

Any other consideration deemed appropriate by the permit authority.

(Ord. No. 1717, § 3, 10-19-2021)

A.

Purpose and Intent. .....The purpose of setback requirements for noncoastal canyons is to preserve important topographical features and/or habitat found in San Clemente.

B.

Applicability. .....Lots subject to the requirements of this section are shown on the Zoning Map with an "IC" overlay designation and detailed in Appendix A of this title.

C.

Standards.

Inland Canyon Lots with an RL Designation. The canyon setback for development on noncoastal canyon lots shall be established by the City Planner, after an on-site visit by Planning Division staff and depending upon site characteristics, and shall be one of the following:

a.

A minimum of 30 percent of the depth of the lot; or

b.

In accordance with house and deck/patio stringlines drawn between the nearest corners of adjacent structures.

2.

Inland Canyon Lots with a Combination RL/OS Designation. New construction on inland canyon lots which have both a residential and an open space designation shall comply with the setback standards for lots with an RL designation, as detailed in Subdivision 1 of this subsection.

3.

Inland Canyon Lots with an RVL Designation. New construction on inland canyon lots with an RVL designation requires discretionary review, as described in Table 17.32.030, Residential Zone Uses, and Table 17.32.040, Residential Zone Development Standards. Through discretionary review, the standards listed in Subsection (C)(1), Inland Canyon Lots with an RL Designation, shall be used to guide development within these lots, which are often located entirely within inland canyons. The primary factor guiding development on these lots shall be to avoid development within the canyon, when feasible. When there is no other feasible location for development but within a canyon, development shall minimize topographical and aesthetic impacts upon the canyon and adjacent residential development, as determined through the prescribed discretionary review process.

4.

Inland Canyon Lots with an OS Designation. New construction on inland canyon lots with an OS designation requires discretionary review, as described in Table 17.44.020, Permitted and Conditional Uses within Open Space Zones, and Table 17.44.030, Open Space Zone Development Standards. Through discretionary review, the standards listed in Subsection (C)(1), Inland Canyon Lots with an RL Designation, shall be used to guide development within these lots, which are often located entirely within inland canyons. The primary factor guiding development on these lots shall be to avoid development within the canyon, when feasible. When there is no other feasible location for development but within a canyon, development shall minimize topographical and aesthetic impacts upon the canyon and adjacent residential development, as determined through the prescribed discretionary review process.

(Ord. 1314 § 13, 2006; Ord. 1172 § 3 (part), 1996)

17.24.070 - Density Bonuses and Other Affordable Housing Incentives.

A.

Purpose. .....The purpose of this section is to allow density bonuses and other affordable housing incentives to qualifying projects in accordance with state law.

B.

Density Bonus and Affordable Housing Incentives. .....The density bonuses and other affordable housing incentives required by state law, including, but not limited to, Government Code Section 65915 et seq., shall be available to applicants on the terms and conditions specified in state law.

(Ord. 1172 § 3 (part), 1996)

(Ord. No. 1499, § 1, 12-15-2009; Ord. No. 1536, § 4(Exh. A), 6-21-2011; Ord. No. 1649, § 1, 2-20-2018; Ord. No. 1652, § 4, 5-15-2018; Ord. No. 1740, § 4, 12-20-2022)

17.24.080 - Encroachments into Setbacks and Height Limits, General.

A.

Purpose and Intent. .....The regulations included in this section provide for the encroachment of architectural and functional features into setback areas. Limitations have also been established as a measure to control the overuse of the projection provisions in this section.

The maximum percentages will help prevent aesthetically inappropriate architectural façades or features that would pose a detriment to adjacent properties.

B.

Maximum Length of Encroachments.

1.

General Limitations.

a.

The total horizontal length of encroachments allowed in Table 17.24.080B, Maximum Encroachments into Setbacks and Height Limits, of this chapter on a given building elevation shall not exceed the maximum percentage of building elevation length as specified below:

Table 17.24.080A

General Limitations on Encroachments into Setbacks

b.

Building elevation length shall be measured at the first floor.

2.

Exceptions. At the discretion of the City Planner, the total length of all projections on a given elevation may be reduced to a smaller number in order to implement the intent of this section.

C.

Encroachments.

1.

General Notes Regarding Encroachments. In this section, encroachments into the minimum setback areas required in the development standard tables in each of the zones are described in the following two ways:

a.

Minimum Distance from Property Line. When stated in terms of a minimum distance from the property line, the encroachment into the required setback area is allowed to some minimum distance from the property line.

b.

Maximum Projection. When stated in terms of a projection, the encroachment into the required setback area is a projection into the setback measured from the setback line.[1]

2.

Specific Encroachments. The following items may encroach into required yards or extend beyond the maximum height limits, subject to the conditions identified in the table.

Table 17.24.080B

Maximum Encroachment into Setbacks and Height Limits

1 The setback line may be reestablished with a change in the front, side, and/or rear yard setback, through the approval of a Minor Exception Permit, in accordance with Section 17.16.090, Minor Exception Permits, of this title.

2 An increase of up to 10 percent of the permitted projection of architectural features into any required front yard may be granted through the approval of a minor exception, in accordance with Section 17.16.090, Minor Exception Permits, of this title. The projection must be counted from the minimum front yard setback for the zone, and may only be counted from the median front yard setback provided for in Section 17.32.050(D), Front Setback, Special Provisions for Reduction, if a Minor Exception Permit is approved in accordance with Section 17.16.090, Minor Exception Permits, of this title.

3 Providing that the floor of the open, uncovered structure and the entire stairway, in the case of stairways, is no higher than the main entrance of the primary building. Entrances to in-the-bank garages, as provided for [in] Section 17.32.050(E), Garage Encroachment into the Front Yard Setback, shall not count as the main entrance to the primary building. The six-foot encroachment must be counted from the minimum front yard setback for the zone, and may only be counted from the median front yard setback provided for in Section 17.32.050(D), Front Setback, Special Provisions for Reduction, if a Minor Exception Permit is approved, in accordance with Section 17.16.090, Minor Exception Permits, of this title.

4 An increase of up to 10 percent of the permitted encroachment of balconies, porches, decks, landing places and stairways which are open, uncovered, and 30 inches or taller into any required side yard may be granted through the approval of a minor exception, as detailed in Section 17.16.090, Minor Exception Permits, of this title.

5 An increase of up to 10 percent of the permitted encroachment of balconies, porches, decks, landing places and stairways which are open, uncovered, and 30 inches or taller into any required rear yard may be granted through the approval of a minor exception, as detailed in Section 17.16.090, Minor Exception Permits, of this title.

6 An increase of up to 10 percent of the permitted encroachment of balconies, porches, decks, landing places and stairways which are open, uncovered, and 30 inches or taller into any required front yard may be granted through the approval of a minor exception, as detailed in Section 17.16.090, Minor Exception Permits, of this title.

7 The projection must be counted from the minimum front yard setback for the zone, and may only be counted from the median front yard setback provided for in Section 17.32.050(D), Front Setback, Special Provisions for Reductions, if a Minor Exception Permit is approved, in accordance with Section 17.16.090, Minor Exception Permit, of this title.

8 An increase of up to 10 percent of the permitted projection of bay windows into any required front yard may be granted through the approval of a Minor Exception Permit, as detailed in Section 17.16.090, Minor Exception Permits, of this title.

9 Chimneys may exceed the height limit of the zone in which they are located by more than two feet through the approval of a Conditional Use Permit, as described in Section 17.16.060, Conditional Use Permits, of this title.

10 Elevator towers may exceed the height limit of the zone in which they are located by more than six feet through the approval of a Minor Conditional Use Permit, as described in Section 17.16.070, Minor Conditional Use Permits, of this title.

11 With the approval of a Conditional Use Permit (Section 17.16.060), architectural projections may exceed the height limitations of a zoning district, as follows: flag poles and church steeples in residential zones; and flag poles, antennas (other than satellite antennas or antennas on City property), cupolas, church steeples, monuments, and similar structures in nonresidential zones. Except for flag poles, structures may not exceed the height limit of a nonresidential zone by more than 10 feet. Antennas (other than satellite

antennas or antennas on City property) that are not for the exclusive use of the occupant of a site are regulated like a public utility; please refer to Section 17.28.040, Public Utilities, of this title. For regulations for satellite antennas and antennas on City property, please refer to Sections 17.28.070, Antennas on City property and 17.28.080, Satellite Antennas.

12 Patio covers allowed within setback area may exceed 15 feet through the approval of a Conditional Use Permit, in accordance with Section 17.16.060, Conditional Use Permits, of this title.

13 Storage tanks, gas holders, water tanks, and similar structures in nonresidential zones may exceed the height limit of the zone in which they are located with the approval of a Conditional Use Permit, as

described in Section 17.16.060, Conditional Use Permits, of this tide.

14 An exception may be granted to allow pools, spas, hot tubs and other bodies of water in the front yard setback or street side yard setback with the approval of a Minor Exception Permit per Section 17.16.090, Minor Exception Permits.

15 The five feet distance from the property line may be reduced when the equipment is soundproofed to the satisfaction of the City Building Official and the degree of soundproofing is demonstrated in an acoustical report approved by the City Building Official.

==> picture [372 x 345] intentionally omitted <==

(Ord. 1314 § 14, 2006; Ord. 1304 § 18, 2005; Ord. 1253 § 5, 2001; Ord. 1190 § 8, 1997; Ord. 1172 § 3 (part), 1996)

(Ord. No. 1561, § 3(Exh. A, § 10), 11-27-2012; Ord. No. 1575, § 3(Exh. A, § 5), 12-3-2013; Ord. No. 1594, § 3(Exh. A, § 22, 23), 5-5-2015; Ord. No. 1609/1610, § 6(Exh. D, 8), 11-17-2015; Ord. No. 1707, § 3, 2-22021)

17.24.090 - Fences, Walls and Hedges.

A.

Purpose and Intent. The purpose and intent of this section is to establish standards for fences, walls and hedges that limit their visual and traffic impacts, but allow for the privacy and architectural interest afforded by such structures. The purpose of a stricter fence 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.

B.

Standards for Fences, Walls, and Hedges in All Zones.

1.

Maintenance. Fences, Walls or Hedges shall be constructed and maintained so that they do not constitute a hazard to traffic, persons or property.

2.

Prohibited Types of Fences. Barbed wire and razor fences are prohibited in all zones, except when such materials are needed to restrict access to public utility equipment such as high voltage transformers.

3.

Measuring Height. The height of fences, hedges and walls and all structural elements supporting fences, walls and hedges, including pilasters, trellises, etc., shall be measured from the lower side of finished grade to the top of the fence, hedge or wall.

C.

Standards for Fences, Walls and Hedges in Residential Zones.

1.

Height Limits. Table 17.24.090 provides the maximum height limit for fences, walls, and hedges in residential zones. In front yards and portions of street side yards, fences, walls and hedges have a stricter height limit to maintain an open street scene, preserve the visibility of primary structures; enhance neighborhood character, and provide unobstructed views of traffic to and from driveways.

Table 17.24.090

Height Limits for Fences, Walls and Hedges in Residential Zones

Other Areas of 6 ft. Lot

2.

Exceptions.

a.

A Minor Exception Permit is required to allow the height of a fence, wall or hedge in front yards and street side yard setback areas (within five feet of property line) to be increased to a maximum of six feet per Section 17.16.080, Minor Exception Permits.

b.

A Conditional Use Permit is required to allow the height of a fence, wall, or hedge in the rear half of a lot to exceed six feet when the fence, wall, or hedge encloses tennis courts, other similar recreational areas, or private screened outdoor areas, per Section 17.16.060, Conditional Use Permits.

c.

Required Findings. In addition to the general findings required for permits, the following specific findings shall be made to allow height exceptions for fences, walls, or hedges:

i.

The height of the fence, wall or hedge will not be unsightly or incompatible with the character of or uses in the neighborhood;

ii.

The height of the fence, wall, or hedge will not have negative visual impacts upon the street scene or obstruct views of traffic to and from driveways.

D.

Standards for Fences, Walls and Hedges in Nonresidential Zones. .....In nonresidential zones, fences, walls, and hedges shall comply with the following requirements:

1.

Height and Materials. The height limit and other features of fences, walls, and hedges are determined through an architectural review process with required approval of a Development Permit (Section 17.16.100), or Cultural Heritage Permit (Section 17.16.110) for historic resources and landmarks on the City's designated historic resources and landmarks list.

Fencing Around Parking Areas. For requirements for fencing around parking lots, please refer to Section 17.28.220, Parking Lots.

(Ord. 1304 § 18, 2005; Ord. 1172 § 3 (part), 1996)

(Ord. No. 1594, § 3(Exh. A, § 24), 5-5-2015; Ord. No. 1759, § 3(Exh. A), 10-3-2023)

17.24.100 - Floor Area Ratios, Increase in.

A.

Increase in Permitted Floor Area Ratios. .....The standard floor ratio for commercial and mixed-use zones is specified in Chapters 17.36, Commercial Zones and Standards, and 17.40, Mixed-Use Zones and Standards, of this title. New buildings and additions to existing buildings may be allowed to increase the maximum floor area ratio for the zone in which they are located through either the Site Plan Permit process or Minor Site Plan Permit process, in accordance with Section 17.16.050, Site Plan Permits and Minor Site Plan Permits, of this title. In no event shall the increased floor area ratio approved exceed the maximum floor area ratios specified below:

Table 17.24.100

Increase in Floor Area Ratios

B.

Required Findings. .....In order to approve a request for an increase in floor area ratio based on public benefit, the following finding shall be made:

1.

The requested increase will not significantly contribute to the temporary or cumulative demands for public facilities or services; and

One of the following findings shall be made:

a.

The proposed project warrants increased intensity because it demonstrates exceptional design quality exceeding City standards and guidelines, or

b.

The proposed project provides significant or exceptional public amenities or benefits beyond those warranted by the development, or

c.

The proposed project provides significant or exceptional public benefits, as defined in Chapter 17.88, Definitions, Public Benefit, of this title, that promote the goals and policies of the General Plan.

3.

For projects in the NC 2 zone, excluding the Coastal Overlay Zone, which propose on-site preservation of a designated historic structure, a maximum FAR increase equal to the historic structure's existing square footage may be approved by the decision-making body only if the following finding is made in addition to the preceding findings in subsections (B)(1) and (B)(2) of this section:

The on-site preservation is in accordance with the Secretary of the Interior's Standards for Treatment of Historic Properties and will ensure continued preservation of the structure to the extent feasible.

4.

For projects in the NC 2 zone, excluding the Coastal Overlay zone, which propose relocation of a designated historic structure, a maximum FAR increase of less than the historic structure's existing square footage may be approved at the discretion of the decision-making body based on merit if the following findings are made in addition to the preceding findings in subsections (B)(1) and (B)(2) of this section:

a.

The relocation is to a site located within the same zone, or to a more appropriate land use and/or overlay zone, that will not be contrary to the continued preservation of the structure.

b.

Conditions of approval are included that will ensure to the extent feasible successful relocation, restoration and continued preservation of the historic structure in accordance with the Secretary of the Interior's Standards for Treatment of Historic Properties.

(Ord. 1231 § 3, 1999; Ord. 1172 § 3 (part), 1996)

(Ord. No. 1652, § 4, 5-15-2018)

17.24.110 - Height Limitations.

A.

Purpose and Intent. .....One of San Clemente's defining characteristics is its varied topography. The City's building height regulations are intended to:

1.

Preserve the natural topography by encouraging residential structures that follow the topography of the lots on which they are located and by discouraging significant grading or fill on infill lots. The calculation of height by individual roof element is intended to assist these objectives, by allowing roof elements to step up or down with the natural topography of the lot. The measurement of height from original grade is also intended to assist these objectives, by establishing height limits which are relative to the natural topography;

2.

Accommodate the special difficulties of developing on sloped properties by allowing height to be averaged within roof elements;

3.

Encourage developments with full roofs. The establishment of a height limit to plate line and a height limit to top of roof, in specific mixed-use and nonresidential zones where traditional architecture is required, is intended to assist with this objective; and

4.

Discourage excessively massive structures. The establishment of a story limit in mixed-use and nonresidential zones is intended to assist with this objective. The exemption of subterranean portions of structures from counting toward the story limit is intended to assist this objective, as well.

B.

General Regulations for the Measurement of Height. .....The following regulations for calculating height shall apply to all development within the City of San Clemente:

1.

Measurement of Height From Original or Finished Grade.

a.

Developments With Mass Recontouring. In the case of subdivisions and/or land development where mass recontouring has been or will be permitted by the City, building height shall be measured from finished grade based on City approved plans. Please refer to Figure 17.24.110A for a map of those areas in the City which have had mass recontouring. This subsection does not include properties with significant grading which have received the approval of a variance from height limits; please refer to the following paragraph b, for the method of measuring height on these properties.

b.

All Other Development. In the case of developments where mass recontouring has not been permitted, or where significant grading has been allowed but through the approval of a variance from the height limit, building height shall be measured from original grade.

c.

In cases where it is ambiguous whether building height should be measured from finished or original grade, or where a determination of finished or original grade is difficult, the City Planner shall make such determination, subject to the appeal provisions in Section 17.12.140, Appeals of an Action, of this title.

2.

Measurement of Height by Roof Element. The building height limits for a zone shall be applied to and measured for each roof element of a structure. No individual roof element may exceed the height limits for the zone.

3.

Measurement of Height to the Top of a Roof Element (TOR). Unless additional height limits are indicated in the development standard tables in Chapters 17.32, Residential Zones and Standards, through 17.48, Public Zones and Standards, of this title, the maximum height limit stated for a zone shall be a limit upon the "average height to the top of the roof element." The average height to the top of a roof element is calculated by:

a.

Measuring the height of each corner of the roof element. The height of each corner of the roof element is the vertical distance between original or finished grade and a projection of the top of the roof element, at each corner. Please refer to subsection (B)(1), Measurement of Height from Original or Finished Grade, of this section, regarding whether original or finished grade should be used; and

b.

Averaging the sum of the height of each corner of the roof element.

4.

A chimney is not counted or included in the measurement for height, building or used in the method for determining building height.

C.

Height Limits in Residential Zones.

1.

Height Limits. The maximum building height limits for structures in residential zones are described in Table 17.32.040, Residential Zone Development Standards, of this title.

Figure 17.24.110A

==> picture [384 x 506] intentionally omitted <==

==> picture [384 x 501] intentionally omitted <==

Figure 17.24.110B

==> picture [384 x 549] intentionally omitted <==

Measurement of Height. Structures in residential zones must comply with the general regulations for measuring height in Subsection (B), General Regulations for the Measurement of Height, of this section.

D.

Height Limits in Nonresidential and Mixed-Use Zones.

Height Limits. The maximum building height limits for structures in nonresidential and mixed-use zones are described in the development standard tables in Chapters 17.36, Commercial Zones and Standards, through 17.48, Public Zones and Standards, of this title. Maximum building height limits for nonresidential and mixed-use structures are expressed in terms of both numerical height limits and a story limit; structures must comply with all the height limits for the zone.

2.

Measurement of Height. Please refer to the general regulations for the measurement of height in Subsection (B), General Regulations for the Measurement of Height, of this section. In addition to compliance with the general regulations above, height in non-residential and mixed-use zones shall, when required in Chapters 17.36, Commercial Zones and Standards, through 17.48, Public Zones and Standards, comply with the following regulations:

a.

Story Limits. The number of stories in each roof element shall not exceed the story limit for each zone, as indicated in Chapters 17.36, Commercial Zones and Standards, through 17.48, Public Zones and Standards. The following may be excepted from the story limits of this subsection:

i.

Residential structures in the MU 5.1 zone do not have story limits;

ii.

Basements shall not be counted toward the story limits for a structure.

b.

Height Limit to Plateline (PL). For zones specified in the development standard tables, as required in Chapters 17.36, Commercial Zones and Standards, through 17.48, Public Zones and Standards, of this title, a height limit to the plateline of a roof has been established. The height of the plate line of a roof element shall be a measurement of the "average height of the plateline." The average height of the plate line of the roof element is calculated as follows:

i.

Measuring the height to the plate line at each corner of the roof element. The height to the plate line at each corner of the roof element is the vertical distance between original or finished grade and the plate line, at each corner. Please refer to Subsection (B)(1), Measurement of Height from Original or Finished Grade, of this section, regarding whether original or finished grade should be used; and

ii.

Averaging the sum of the heights to the plate line at each corner of the roof element.

iii.

Plate Line is defined as the top of the highest horizontal framing member or solid wall of a building or structure or part thereof, upon which roof beams or ceiling rafters rest. Features excluded from measurement under this definition shall include gable ends, sloping roofs, parapet walls and other vertical extensions which are normally controlled by limits on roof height as set forth in this section.

E.

Visual Analysis Tools. .....The City Planner and review authority may require the submittal of visual analysis tools to evaluate visual impacts of projects that require a discretionary permit application. Visual analysis tools may include, but are not limited to, story pole staking, visual simulations, models, etc. Refer to Section 17.12.060.

(Ord. No. 1561, § 3(Exh. A, § 11), 11-27-2012; Ord. No. 1575, § 3(Exh. A, § 6), 12-3-2013; Ord. No. 1594, § 3(Exh. A, § 25), 5-5-2015; Ord. No. 1609/1610, § 6(Exh. D, 2), 11-17-2015; Ord. No. 1707, § 3, 2-2-2021; Ord. No. 1759, § 3(Exh. A), 10-3-2023)

A.

Purpose and Intent. .....The purpose of this section is to implement the inclusionary housing requirements included in the City's Housing Element.

B.

Applicability. .....The standards in this section shall apply to residential projects outlined in the Inclusionary Housing Program hi the City's Housing Element. Please refer to the program for applicability.

C.

Inclusionary Housing Standards. .....The following are standards for affordable housing provided in the Inclusionary Housing Program in the City's Housing Element. Please refer to the program for guidelines related to affordable housing.

1.

Number and Type of Units Required. New developments subject to the Inclusionary Housing Program in the City's Housing Element shall provide affordable residential units equal to 15 percent of the new units, according to the following requirements:

a.

Rental Units. Seven and one-half percent of the new units must be very low income units and seven and one-half percent must be low income units.

b.

For-Sale Units. Three percent of the new units must be very low income units, four percent must be low income units, four percent must be moderate income I, and four percent moderate income II.

For the purposes of this section, please refer to the City's Housing Element for definitions of very low income, low income, and moderate income I and II units.

2.

Three Options for Providing Affordable Units. The City may allow affordable units to be provided in the following three ways:

a.

The affordable units may be provided with the development project being proposed; or

b.

The affordable units may be provided off-site, but within City limits; or

c.

The affordable units may be provided through the payment of an in-lieu fee by the developer. Until a Citywide in-lieu fee program has been established, in-lieu fees may be established on a case-by-case basis.

3.

Number of Bedrooms. Affordable units shall have the same proportionate number of bedrooms as other units in the project for which they are required.

4.

Phasing. To the extent feasible, the required percentage of affordable units shall be constructed and occupied within the same general development phase as market rate units.

5.

Require Term for Participation in the Program. Affordable units required under the provisions of this section shall be retained in the program for a minimum of 20 years.

6.

Implementation Agreements. Prior to the issuance of Building Permits for the market-rate units, the developer shall enter into an implementation agreement with the City to provide affordable units at the earliest possible stage in the development process. The implementation agreement shall be recorded with the deed to the property in the office of the Orange County Recorder. The implementation agreement shall provide for the following:

a.

For rental units:

i.

Flexibility in the length of time a unit must be offered to an eligible household. If a qualified renter cannot be found within the time specified in the agreement, restrictions upon the qualifications of the renter may be adjusted or lifted for the duration of the renter's tenancy in accordance with the recorded implementation agreement.

ii.

The rent charged for an affordable rental unit shall be restricted for the term of the program to the appropriate level of affordability.

b.

For-sale units:

i.

Flexibility in the length of time a unit must be offered to an eligible household. If a bona fide offer cannot be found for an affordable for sale unit, restrictions may be adjusted or lifted in accordance with the recorded implementation agreement.

ii.

The sale price of an affordable unit that is proposed for sale before the required term expires shall be restricted.

D.

Conditions of Approval. .....Subsection (C)(6), Inclusionary Housing Standards, Implementation Agreements, of this title, shall be included as a condition of approval for projects complying with the provisions of this section.

(Ord. 1304 §§ 19—20, 2005; Ord. 1172 § 3 (part), 1996)

Exterior lighting shall be energy-efficient and shielded or recessed so that direct glare and reflections are contained within the boundaries of the parcel, and shall be directed downward and away from adjoining properties and public rights-of-way. No lighting shall blink, flash, or be of unusually high intensity or brightness. All lighting fixtures shall be appropriate in scale, intensity and height to the use. Security lighting shall be provided at all entrances/exits.

(Ord. 1172 § 3 (part), 1996)

A.

For Lots on Straight/Linear Portions of a Street. .....The minimum lot frontage is the required lot width of the zone.

B.

For Lots on Curved/Curvilinear Portions of a Street. .....The minimum lot frontage may be reduced from the required lot width of the zone through the discretionary review process, but in no case shall the lot width be reduced to less than 35 feet, except for flag lots approved through tentative map process.

(Ord. 1172 § 3 (part), 1996)

A.

Applicability. .....All new industrial and commercially zoned developments with buildings totaling more than 10,000 square feet shall be designed in compliance with the provisions of this section.

B.

Loading Spaces.

1.

Minimum Number of Spaces. The following minimum number of loading spaces shall be provided for a new project:

Table 17.24.140

Minimum Number of Loading Spaces

2.

Minimum Loading Space Size. The minimum dimensions for any required loading space shall be 10 feet wide and 25 feet long, with 14 feet of unobstructed vertical clearance.

3.

Circulation. Loading facilities shall not in any way block vehicular movement to or from a street, driveway, drive aisle, or parking stall. Loading facilities shall be located so that they may be accessed and utilized without maneuvering in the public right-of-way.

Turning Radius. Access to all loading areas shall have an adequate turning radius, as determined by the City Engineer, to enable vehicles to maneuver without backing into a street or alley.

(Ord. 1172 § 3 (part), 1996)

A.

Review Requirements. .....The relocation of a building or other structure from one lot to another requires the approval of a Minor Conditional Use Permit (Section 17.16.060) and a Development Permit (17.16.100) or Cultural Heritage Permit (17.16.110) for historic resources and landmarks on the City's designated historic resources and landmarks list.

B.

Minimum Standards. .....The relocation of a building or structure requires the following:

1.

Compliance. Compliance with the requirements, relative to the building or structure, of the zone to which the building is being relocated; and

2.

Conformance. Conformance with or improvement upon the general character of the existing buildings in the neighborhood.

C.

Public Notification. .....Public notification for the required discretionary approvals shall be provided, as described in Section 17.12.100, Public Hearing and Notification, of this title, and shall be provided for both the original location of the building or structures and the location to which the building or structure is being moved.

(Ord. 1172 § 3 (part), 1996)

(Ord. No. 1759, § 3(Exh. A), 10-3-2023)

A.

Purpose and Intent. .....The purpose of this section is to establish review procedures for nonresidential and mixed-use development adjacent to residentially zoned property. The purpose of review is to allow development adjacent to residential property while addressing potential impacts related to noise, light and glare, parking and circulation and privacy.

B.

Building Setbacks from Adjacent Residentially Zoned Property. .....Except as provided for within this section, new nonresidential and mixed-use buildings and/or additions to existing buildings shall maintain a minimum 20-foot setback from adjacent residential property lines. Encroachment of the nonresidential or mixed-use building and/or addition into this setback shall be allowed through the discretionary review process required for the project based on measures included in the project to address noise, parking, lighting, massing and other similar impacts upon adjacent residential development.

C.

Additions Within 50 Feet of Existing Single-Family Residences. .....Any nonresidential or mixed-use building addition that is closer than 50 feet to an existing single-family residence shall require the 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.

(Ord. 1172 § 3 (part), 1996)

(Ord. No. 1759, § 3(Exh. A), 10-3-2023)

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.

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.

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.

Figure 17.24.180

==> picture [303 x 244] intentionally omitted <==

Guardrail Requirements.

a.

Guardrail Height. The height of guardrails shall comply with the Building Code. The height is measured from the top of the retaining wall to the top of the guardrail. When 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, guardrails 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 back (on through lots), street side yard back (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 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.

4.

Exceptions.

a.

The following exceptions are allowed with the approval of a Minor Exception Permit.

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 permits, 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.

(Ord. 1172 § 3 (part), 1996)

(Ord. No. 1594, § 3(Exh. A, § 26), 5-5-2015; Ord. No. 1638, § 3(Exh. A, § 2), 1-17-2017; Ord. No. 1707, § 3, 2-2-2021; Ord. No. 1759, § 3(Exh. A), 10-3-2023)

17.24.190 - Skirt Walls and Stem Walls.

Skirt and stem walls shall not exceed 22 feet in height as measured from finished grade to the underside of the finished floor of the structure, unless there exists a horizontal offset of at least four feet. In addition, when columns are utilized on the rear elevations below the underside of the finished floor, a standard of one square inch in area for every one vertical foot in height shall be required for such columns.

(Ord. 1172 § 3 (part), 1996)

(Ord. No. 1561, § 3(Exh. A, § 12), 11-27-2012)

A.

Purpose and Intent. .....Because the standards for lot size and width have been amended a number of times since San Clemente's incorporation as a City, there are a number of substandard residential and nonresidential lots in the City. The purpose of this section is to provide for the development of lots which are currently substandard but existed legally at the time of their creation.

B.

Regulations. .....Structures may only be erected or enlarged on a substandard lot, if the substandard lot met the minimum size and width requirements for the zone in which it is located on the day the lot became a legal lot of record.

(Ord. 1172 § 3 (part), 1996)

17.24.210 - Through Lots, Rear Yard Setbacks for.

A.

Residential Zones and Residential Lots In Mixed-Use Zones. .....In the case of through lots, the rear yard setback shall be the same numerical requirement as the front yard setback. The rear yard setback for a through lot may not be reduced by using the provisions for the median front yard setback found in Section 17.32.050(J), Residential Zone Special Development Standards, Front Setback, Special Provisions for Reduction, of this title.

Figure 17.24.210

==> picture [408 x 534] intentionally omitted <==

B.

All Other Zones and Lots. .....For all other lots and zones, the rear yard setback for a through lot shall be the rear yard setback required in the development standard tables in each zone.

(Ord. 1172 § 3 (part), 1996)

17.24.220 - Trip Reduction Measures for Projects with Greater Than 100 Employees.

Please refer to Chapter 17.76, Transportation Demand Ordinance, for requirements related to projects that will employ 100 or more individuals.

(Ord. 1172 § 3 (part), 1996)

A.

Purpose and Intent. .....Lot consolidation is the merging of existing parcels into fewer parcels through the elimination or modification of shared property lines and pertains only to lots identified in the Housing Element's Vacant and Undeveloped Residential Site Inventory. Development proposing the consolidation of two or more contiguous parcels or units of land listed on the site inventory, and which have been created under the provisions of the Subdivision Map Act, or any prior law regulating to the division of land, or these regulations enacted pursuant thereto, are eligible for the incentives provided herein. Development projects requesting to consolidate lots not listed on the site inventory are ineligible for incentives provided in this chapter and are subject to the policies and provisions of Chapter 16.44, Lot Mergers.

The purpose and intent of this chapter is to facilitate housing development, and redevelopment, through the consolidation of multiple adjacent parcels. Lot consolidation is intended to incentivize development in underutilized portions of the City and support more compact and higher-density rental and owner-occupied multi-family residential developments affordable across low and very low income levels. As a main incentive

for lot consolidation, this chapter allows developers an increase in allowable density for projects that propose to build the maximum number of residential units permitted on site.

B.

Authority. .....In accordance with Section 17.12.020, Review Authorities, and Section 2.32.020, Planning Commission, the Planning Commission is the final authority for projects requesting additional units and incentives and all applicable discretionary and administrative permits, following the review and recommendation of the Architectural Review Subcommittee, unless state law specifies architectural review is not required. The City Planner shall have full authority in determining a project's compliance with this chapter prior to scheduling a public hearing.

C.

Applicability. .....The Lot Consolidation Incentives apply only to parcels identified in the City's Housing Element Vacant and Undeveloped Residential Site Inventory. All parcels identified in the site inventory are eligible for the incentives in this chapter provided that the resulting lot, subsequent to consolidation, meets minimum standards as listed in Table 17.24.230 A.

D.

Submittal Requirements. .....A lot consolidation request requires the applicant to apply for the consolidation of lots and incentives simultaneously, including incentives accumulated through the State By-right Density Bonus, provided in Table 17.24.070(6), Calculation of Density Bonus. The application will be reviewed against the findings in this chapter, Section 17.24.230 H., Required Findings, and the findings for all necessary discretionary and administrative permits.

E.

Process Review. .....The City Planner shall determine that projects proposing to consolidate lots meet all minimum standards in Section 17.24.230 F., prior to scheduling a public hearing for review by the final authoritative body. Projects proposing buildout beyond the development incentives granted in this chapter, or land uses that require separate entitlements, shall apply for the applicable discretionary permits concurrently and in accordance with Section 17.12.090, Consideration of Concurrent Applications.

F.

Minimum Standards for Lot Consolidation. .....To qualify for incentives, a lot consolidation request, as defined in Section 17.24.230 A. of this ordinance, must meet the minimum standards listed in this section, 17.24.230 F.1 through 3, and have a resulting lot that meets all of the criteria as indicated in Table 17.24.230 A.

1.

Consolidating Lots with Different Zoning. In the event two or more parcels with dissimilar zoning districts are proposed to be consolidated, resulting in a single parcel, the rezoning of the new parcel will be made concurrently with the submittal of a lot consolidation request with a determination made by the Planning Commission in relation to supporting congruency with the surrounding zoning districts. In the event that the consolidated single-zoned parcel would not result in greater neighborhood compatibility, including zoning

districts with contrasting development standards or other potential negative influencing factors, the review authority will determine the resulting zoning district for the consolidated lot.

2.

Consolidating Lots in the Coastal Zone. In no case can incentives granted by the consolidation of lots in the City's designated Coastal Zone cause a project's density to exceed the density allowed in the San Clemente Coastal Land Use Plan, unless all lots considered for consolidation are located collectively in the Coastal Exclusion Order Area.

3.

Term of Affordability and Resale.

a)

An applicant entitling a rental project shall enter into an Affordable Housing Agreement and Restrictive Covenant with the City which shall ensure the additional units awarded pursuant to this ordinance shall be rented to low and very low income households at an affordable housing cost, as that term is defined in Health and Safety Code § 50052.5, for not less than 30 years or a longer period of time as may be required by other project funding sources. Household income and rents for the low and very low income units must be reported annually to the Community Development Department. For purposes of this Section 17.24.230, lower income households shall be defined by Health and Safety Code § 50079.5 and very low income households shall be defined by Health and Safety Code § 50105. The Restrictive Covenant shall be recorded against the property prior to the issuance of the first building permit.

b)

An applicant for a for-sale residential project shall enter into an Equity Sharing Agreement and Restrictive Covenant with the City which shall ensure that all additional units allowed pursuant to this Section 17.24.230 shall be sold to low and very low income households at an affordable housing cost. The City shall enforce the equity sharing agreement, unless it is in conflict with the requirements of another public funding source or law. The following apply to the equity sharing agreement:

i.

Upon resale, the seller of the unit shall retain the value of any documented improvements, the down payment, and the seller's proportionate share of appreciation. The City shall recapture any initial subsidy, as defined in subparagraph F.3(b)(ii), and its proportionate share of appreciation, as defined in subparagraph F.3(b)(iii).

ii.

For purposes of this subdivision, the City's initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price to the moderate-income household, plus the amount of any down payment assistance or mortgage assistance provided by the City, if any. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value.

iii.

For purposes of this subdivision, the City's proportionate share of appreciation shall be equal to the ratio of the City's initial subsidy to the fair market value of the home at the time of initial sale.

c)

The Community Development Director shall promulgate guidelines for the implementation of this programs.

G.

Incentives. .....Lot Consolidation projects are entitled to all by-right incentives, as identified in Section 17.24.230(G)(1)(a)—(e), By-right Incentives, and one optional incentive when utilizing the State Density Bonus, as identified in Section 17.24.230(G)(2)(a)—(c), Optional Density Bonus Incentive.

1.

By-right Incentives. Lot consolidation projects approved by the review authority in compliance with this section are entitled to all of the following by-right incentives and shall be established upon the submittal of the application:

a)

Additional Units. Lot consolidation projects are awarded additional residential units calculated at a 25 percent increase from the maximum allowed density for the zone, provided 50 percent or more of the added units are affordable (very low and low income levels). Table 17.24.230 B provides the calculated density increase per zone.

Projects that take advantage of the State Density Bonus, pursuant to Section 17.24.070, Density Bonuses and Other Incentives for Affordable and Senior Housing Projects, further increasing the maximum allowed units, are eligible for one additional incentive found in Section 17.24.230(G)(2)(a)—(c), Optional Density Bonus Incentive.

b)

Coverage. When the project proposes the maximum density allowed for the zone, in addition to the amount necessary to physically accommodate the increased density provided for by this section, a project is entitled to the following:

i.

A five percent increase in maximum allowed building coverage; and

ii.

A ten percent reduction in the minimum open space/landscaping requirement of the zone.

c)

Setbacks. When the project proposes to build at maximum allowed density, in addition to the amount necessary to physically accommodate the increase density provided for by this ordinance, required setbacks shall be reduced to five feet, except when the property line of the parcel subject to lot consolidation abuts a parcel zoned single-family residential, in which case the setbacks identified in the underlying zoning shall control.

d)

Waiver and Reduction of Lot Merger Fees. Upon review of the project the Public Works department will waive or reduce the fee associated with a lot merger, in accordance with Chapter 16.44, Lot Merger, and only require a recordation of the deed regardless of the number of parcels involved with the assurance that the resulting parcel meets the established provisions in this section.

e)

Waiver and Reduction of Development Fees. The City will offer a waiver of development application filing fees for development in residential and mixed-use zones when minimum standards for lot consolidation are met.

2.

Optional Affordable Density Bonus Incentive. Projects are eligible for one of the following optional incentives when the project utilizes the State Density Bonus, pursuant to Section 17.24.070, choosing to further increase the maximum number of units allowed on site. The new density granted for lot consolidation projects, in accordance with Section 17.24.230(G)(1)(a), Additional Units, is considered by right and serves as the base density for calculating the State Affordable Density Bonus provisions for affordable housing. See Table 17.24.230 B for an example of graduated unit increase when utilizing both the by-right additional unit incentive and State Density Bonus.

Both by-right and optional incentives offered in this chapter shall be considered inclusionary to the incentives and concessions offered in Section 17.24.070 C(4)c, Regulatory Incentives and Concessions. Any amount of affordable units required to consolidate lots count towards the number of affordable units required to meet the State Density Bonus requirements.

a)

Parking Reduction. If a lot consolidation project is located within one-half mile radius of a transit stop, and there is unobstructed access to the major transit stop when walking from the project site, the development may request the following parking ratios as the project's Optional Incentive. Nonresidential parking is subject to existing off-street parking standards for nonresidential uses in the Zoning Code.

Residential parking.

b)

FAR. The minimum nonresidential floor area ratio allowed in a zone for mixed-use projects will be .20. The FAR incentive shall apply to the gross square footage of the consolidated parcel.

c)

Height Increase. The height may be increased according to Table 17.24.230 C, Additional Height.

H.

Required Findings. .....In order to grant the incentives for lot consolidation, the review authority shall make the following findings:

1.

The project meets the Minimum Standards for Lot Consolidation, Section 17.24.230 F, and proposes development accommodating the allowed maximum density.

2.

In granting an increase in allowable density, 50 percent or more of the additional units are affordable at a low or very-low income level in congruence with the Orange County median income and an agreement with the City is established ensuring the unit's continued affordability for 30 years or longer.

3.

In granting an increase in building height, a reduction in required building setbacks, and/or an increase in the amount of lot coverage, the decision-making authority shall find that such increase and/or decrease will not result in any adverse impacts to adjacent properties due to an encroachment of building elements that would substantially reduce such property's access to light and air, the privacy enjoyed by the adjacent residents, or otherwise reduce the reasonable use of the property.

If deemed necessary, an impact study must show that the proposed increase in density or number of units on site does not cause a significant impact to the City's sewer and water infrastructure systems.

(Ord. No. 1708, § 3(Exh. A), 1-19-2021)

CHAPTER 17.26 - OBJECTIVE DESIGN STANDARDS FOR MULTI-FAMILY RESIDENTIAL AND RESIDENTIAL MIXED-USE DEVELOPMENT

Sections:

The State of California continues to enact new laws that accelerate housing production by streamlining the approval of housing development at the local level. The Objective Design Standards supplement the development standards of the City of San Clemente Zoning Code and further the goals, policies, and implementation of the General Plan, which encourages an elevated design and fosters an enhanced quality of life through the built environment. The Objective Design Standards provide architectural and site design requirements for new multifamily residential and residential mixed-use development.

(Ord. No. 1784, § 4(Exh. A), 12-10-2024)

A.

.....The design standards of this chapter apply to any project that is reviewed under the procedures set forth in the zoning code. The following multi-family residential projects qualify for ministerial review under the Objective Design Standards only, without the requirement for discretionary review or consideration of other design standards:

1.

Affordable Housing and Senior Housing Projects, consisting of efficiency, studio, one-, two-, three-, and/or four-bedroom units, which meet the requirements of a "Qualified Affordable Housing Development Project" pursuant to Zoning Code Section 17.56.090 (Housing Overlay) and accompanying map.

2.

Other multi-family residential development projects, where such use is permitted in the applicable zoning district and subject to ministerial processing pursuant to California Government Code Section 65913.4.

3.

Any other housing-related project that qualifies for objective, ministerial, or administrative review pursuant to State law.

(Ord. No. 1784, § 4(Exh. A), 12-10-2024)

Multi-family residential development projects shall be reviewed consistent with the procedural and development requirements of Zoning Code Section 17.56.090 (Housing Overlay) or relevant State law, subject to the Objective Design Standards of this section. Projects meeting the applicability provisions are eligible for ministerial review and are statutorily exempt from environmental review pursuant to CEQA Section 16268. A Coastal Development Permit shall be required for projects within the Coastal Zone.

(Ord. No. 1784, § 4(Exh. A), 12-10-2024)

In order to ensure that there is potential for multi-family residential development projects within the Housing Overlay and for other projects subject to ministerial review to obtain the maximum density allowed pursuant to the Zoning Code, certain development allowances shall apply, in addition to any allowances or exceptions authorized by State law. These allowances shall apply to multi-family residential development projects on sites with identifiable constraints, which based on a strict application of the Zoning Code could not be feasibly developed with 100 percent of the number of units allowed.

A.

The minimum unit size within the Housing Overlay shall be 190 square feet, consistent with the "efficiency unit" category of accessory dwelling unit referenced in Zoning Code Section 17.88.030. No maximum unit size shall apply but the economic incentive to provide large units shall not be accepted as justification that it would be infeasible to provide the maximum number of units on a site.

B.

Multi-family residential development projects shall conform to the development standards that apply to the underlying residential zoning district, mixed-use zoning district, or commercial zoning district in which the project is located, with the following exceptions:

1.

The number of required vehicle parking spaces may be reduced to a minimum of one space per residential unit, or fewer spaces if the residential development is within ⅛ mile of public transit as defined by California Government Code Section 65863.2, in order to maximize housing density.

2.

The required landscaping area may be provided at grade, in planter boxes, or as vertical planting on walls such as vines on a trellis, planting in gabions, or mounted plant boxes. 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.

(Ord. No. 1784, § 4(Exh. A), 12-10-2024)

A.

Site Design Standards.

1.

Open Areas. New development shall provide usable residential open areas (as defined by Title 17, Section 17.88 (Definitions), subject to the following standards.

a.

The greater of 60 square feet per residential unit or 20 percent of the total lot area shall be used for open areas; setback areas may be used to meet the open area requirement.

2.

Parking Location, Access, and Design.

a.

Parking Location. Locate parking areas to the rear or internal locations of the property, using alley access where an alley exists. Where site conditions of severe topography or biological resources prevent parking areas from being located to the rear of the property, the following standards apply:

i.

Locate parking areas to the interior side with a maximum horizontal dimension measured parallel to the sidewalk of 65 feet and setback ten feet from property lines and five feet from the face of buildings.

ii.

Street frontage of a single parking area shall be limited to one double row with circulation aisle (65 feet maximum length still applies). A building shall be sited beyond the street fronting parking area before additional parking row(s) are added.

iii.

The setback area shall be fully landscaped in accordance with Section 17.26.050(A)(4), unless used as a pedestrian walkway. If a pedestrian walkway is proposed, the walkway shall be a minimum width of fivefeet along the entire length of the setback area and be constructed of firm, stable, and slip-resistant materials (e.g., poured-in concrete), permeable paving, or concrete pavers.

b.

Parking Access and Driveways. The number of driveway openings to public streets shall be limited to one driveway opening per 150 linear feet of lot area abutting a public street (street frontage). This limit does not apply to access from alleys. Private street or alley access shall serve as the primary vehicular access to parking areas, if available. If not available, then public streets may provide access. When access is possible to access a site from more than one public street, use the street with the least traffic volume.

c.

Internal Circulation (Larger Development). Larger development, defined as multifamily developments (30+ units) and mixed-use developments (10,000 square feet and larger), that proposes internal circulation (i.e., sidewalks, streets, and drives) internal to the site shall be subject to the following circulation standards.

i.

Align new streets and sidewalks with existing streets and sidewalks. Connected sidewalk(s), shared driveways, shared access drives, or shared parking count toward this requirement.

ii.

Provide a sidewalk on at least one side of a private drive. The sidewalk shall be a minimum width of fivefeet along the entire length of the drive, compliant with Americans with Disabilities Act standards, and shall be constructed of firm, stable, and slip-resistant materials (e.g., poured-in concrete), permeable paving, or concrete pavers.

iii.

Create landscaped buffer of minimum five-feet between the buildings and the private drive(s) that include groundcover and shrubs a maximum of 30-inches in height after two years of growth and one tree per 25 linear feet of adjacent building elevation.

d.

Parking Design.

i.

Parking Structures. Structured parking provides parking within a structure below, at, or above grade. If a parking structure is proposed, the following standards shall be required.

1.

Locate parking structures to the rear or interior portions of the property. Where site conditions related to severe topography, or biological resources prevent a parking structure from being located to the rear or interior portions of the property:

a.

Place the short dimensions of the parking structure at the street edge, measured horizontally from the street fronting width of the garage and vertically from the ground to the top of the structure.

b.

Utilize vertical planting on the portions of the parking structure along street frontage. If vertical planting including vines and trees planted within five feet of the building façade or along the building façade does not restrict at least 50 percent of the total view of the parking structure as observed from any street frontage, then architectural features, false façades, and/or screening devices shall be provided.

c.

When the structure will serve a mixed-use development, locate storefronts, offices, or other commercial space along the ground level of street frontage. When this is not possible, provide one of the following:

i.

Parking structure with an integrated ground floor shop.

ii.

Parking structure with a planted visitor serving patio space that covers at least 50 percent of the horizontal street frontage(s).

d.

Garage entries, loading and service entries, utility rooms, stairs, elevators, and other similar elements shall occupy no more than 20 percent of the width of a building façade that fronts a public street.

ii.

Parking Courts. A parking court is a type of parking area where parking is provided between the street and the building. Where 50 or more parking total parking stalls are proposed, then portions of those stalls shall be broken up within smaller parking courts in accordance with the following standards:

1.

Parking courts shall consist of 25 or fewer spaces.

2.

Parking courts shall be physically separated from each other using building structures, landscaped areas including parking diamonds, or pedestrian walkways.

iii.

Parking Drives. A parking drive is a paved way located outside the public right-of-way that provides vehicular access between the street and parking area, that also incorporates open parking spaces, carports, or garage doors along the length. If parking drives are proposed, the following standards shall be required.

1.

Arrange parking in bays. Separate each eight spaces of continuous perpendicular or angled parking from others by planting areas not less than one parking space wide.

2.

In Multi-family projects over 30 dwelling units, the location of Parking Drives shall be internal to the site and not located around the periphery or edge of the site adjacent to public street(s) where visible from public view.

iv.

Covered Parking. When covered parking is required pursuant to Section 17.64.050 (Off-Street Parking Requirements by Land Use), then covered parking shall be provided by means of garages, carports, and trellised canopies.

1.

Carports and garage door openings shall not be located adjacent to the primary street unless there is no other driveway access available onsite for parking.

2.

When visible from the public street frontage, covered parking entrances shall be recessed by a minimum of 18 inches from the street-facing elevation and be accompanied by projecting elements such as porches, windows, trellises, architectural ornament, or landscaping. An extended or projected feature shall project a minimum of two feet and run horizontally for a minimum depth of four feet.

3.

Garage entries, loading and service entries, utility rooms, stairs, elevators, and other similar elements shall occupy no more than 20 percent of the width of a public street facing building façade.

3.

Streetscape Design.

a.

Sidewalk Design. New development shall provide a sidewalk, measured from the front property line to the planned curb, in the entire area within the public right of way that is not dedicated to vehicle and bicycle circulation or other planned improvements, which may include street furniture and trees. Sidewalk materials and construction shall be provided as per City standard in consultation with Public Works staff. The walking surface shall be concrete finish in accord with the City Standard, with the exceptions for use of Historic Tile Sidewalk Materials specified in Zoning Code 12.08.030.

b.

Development proposed in a Pedestrian District shall provide widened sidewalk spaces for pedestrian seating and planting at select mid-block and corner locations. These improvements may be implemented by a future City streetscape program, or individually with new developments. Developers shall incorporate the required sidewalk space into the project plans and work with the City to determine if the project location is suitable for this type of improvement as part of the project or as part of a future City streetscape program.

c.

Street Lighting. Street lighting shall be provided as per City Standard in consultation with Public Works staff. The single lamp fixture shall be used on all streets in the Pedestrian District except for El Camino

Real. A double lamp fixture shall be used on El Camino Real.

d.

Street Furniture. Street furniture means the functional elements, objects, and pieces of equipment installed and mounted along streets including public art, seating benches, fountains, planters and planting pots, bicycle parking, and bins and trash containers. If proposed, street furniture shall only be located in widened sidewalk spaces that are more than 12 feet in width.

4.

Landscaping. In addition to landscape standards contained in Chapter 17.68 (Landscape Standards) of the Zoning Code, projects shall conform to the following standards.

a.

Site Interior/Yard Planting. Landscaping shall be utilized for all required front, side, and rear yard areas that are not specifically used for parking, driveways, walkways, or open space (private, common, and pedestrian space) in accordance with the following standards.

i.

Landscaping shall include groundcover and shrubs a maximum of 30-inches in height, after two years of growth, and one tree (minimum 24-inch box size) provided for each 300 square feet of yard area. Trees shall be spaced at a minimum of 25 feet on center.

ii.

Projects shall utilize plant materials that are drought tolerant and primarily native to Coastal California, such as those identified in in Appendix A - Plant Selection Guide.

b.

Parking Area Landscaping. In addition to standards contained in Section 17.64.060 (Design Standards for Off-Street Parking Facilities) of the Zoning Code, projects shall conform to the following standards, in addition to site line standards imposed by the Engineering Department required for vehicle safety.

i.

Perimeter Landscaping. Perimeter landscaping shall be provided to visually screen off-street surface parking areas from the public street view, adjacent properties, and open space (private, common, and pedestrian space). Screening shall be in accordance with the following standards.

1.

Screening shall be provided by planting or a combination of planting and low solid walls or earth berms up to 42 inches high.

a.

Screened perimeter areas shall be ten feet deep along public streets and five feet deep along interior property lines.

b.

Solid walls used for screening shall be accompanied by a minimum five-foot-wide landscaped edge between the property line and the wall, facing the street.

c.

Landscaping shall include groundcover and shrubs a maximum of 30-inches in height after two years of growth and one tree (minimum 24-inch box size) provided for each 300 square feet of perimeter area between the property line and the parking area. Trees shall be spaced at a minimum of 25 feet on center.

ii.

Interior Landscaping. For surface parking lots greater than 5,000 square feet, an internal area of at least ten percent of the total parking area shall be planted with a combination of trees and shrubs in accordance with the following standards.

1.

Tree spacing shall be such that every designated parking space is within 30 feet of the trunk of a tree (minimum 24-inch box size). Landscaped fingers or "planted breaks" may be used.

2.

If palm trees are used for interior landscaping, then other tree species with large canopies shall also be used.

3.

Projects shall utilize plant materials that are drought tolerant and primarily native to Coastal California, such as those identified in Appendix A - Plant Selection Guide.

iii.

Street Trees. Street trees along public streets shall be provided in consultation with Public Works staff and shall consist primarily of drought tolerant species native to Coastal California, such as those included in Appendix A - Plant Selection Guide.

1.

Street trees shall be provided at an interval of 25 feet along the entire length of the property line adjacent to a public street, except where driveway or utility locations prohibit placement.

2.

Street trees shall be planted with enough distance from the curb so a parked car door can open without hitting the tree.

3.

Provide a four-foot by four-foot planting space or well under each tree.

4.

The ground surface of the planting space or well shall be level with the sidewalk.

5.

Use stone blocks or steel grates as approved by the City.

6.

Low precipitation and drip-type systems shall be installed.

5.

Building Equipment and Service Areas.

a.

Ground-Mounted Equipment on Private Property. Ground-mounted equipment, such as air conditioning units, landscape irrigation's controls, transformers, fuse boxes, telephone equipment, gas meters, water meters, stand pipes, and fire sprinkler connectors, shall be located underground if within the front yard setback, or screened from public view if outside the front yard setback. When no front yard setback is required, ground mounted equipment should not be located in the area between the street and the building closest to the street.

b.

Where ground-mounted equipment cannot be located outside the front yard due to topographical, biological, or minimum building density constraints, ground-mounted equipment located in the front yard shall be located where not visible from public view or shall be screened from public view. Screening of ground-mounted equipment must be designed and constructed similar to adjacent landscaping, architecture and/or materials.

c.

Roof-Mounted Equipment. All roof-mounted appurtenances including, but not limited to air conditioning units, and mechanical equipment shall be shielded and architecturally screened from view from on-site parking areas, adjacent public streets, and adjacent residentially zoned property. It shall be located in an equipment well which is screened by a screening wall, parapet wall or equipment well. The height of such equipment, mounted in the well, shall not exceed the height of the architectural element used to screen the well. To the extent that topographical, biological, or minimum building density constraints make the placement of equipment and screening as required above infeasible, visibility of equipment and screening shall be minimized to the greatest extent feasible. Roof screens shall be sheathed in a matching or complementary material to the exterior building and may include metal panels, parapet walls or screens constructed of exterior grade plywood or other durable materials.

6.

Outdoor Lighting. All outdoor lighting shall comply with the following standards. For specific lighting requirements related to architectural styles, see Section 17.26.050(C).

a.

Step Lighting.

i.

All step lighting within the residential development must incorporate a grate cover or directional light shield cover to direct and focus the emitted light towards the ground surface.

ii.

The grate cover or directional cover must be constructed of durable and weather-resistant materials, meeting ASTM standards for outdoor use, to ensure longevity and performance in various environmental conditions.

iii.

The design of the grate cover or directional cover shall align with the overall architectural aesthetics of the development while prioritizing functionality and safety.

b.

Exterior Light Fixtures.

i.

Street facing Exterior light fixture illumination must be downward directed, limited to spillover within the property boundary, and employ light diffusion techniques, such as specialized glass treatments or diffusers, to evenly distribute and soften the emitted light.

ii.

The glass treatments applied to exterior light fixtures shall adhere to industry-standard light transmission and diffusion properties, ensuring optimal illumination without causing glare or light pollution.

iii.

Light diffusion materials must be resistant to discoloration or degradation caused by environmental factors, guaranteeing consistent performance over time.

iv.

Exterior light fixtures shall be selected based on the principles of sustainable lighting design, incorporating energy-efficient technologies and compliant with ENERGY STAR requirements.

v.

The color temperature of exterior light fixtures shall align with recommended guidelines to create a visually comfortable and harmonious outdoor environment for residents and passersby.

vi.

Lighting that is directed at neighboring properties is not permitted.

7.

Signage. Sign design shall be consistent with the following standards:

a.

Construction.

i.

Signs shall be constructed as to not obstruct line of sight for pedestrians, bicyclists or vehicular drivers.

ii.

All permanent sign faces shall be constructed of permanent materials including, but not limited to, painted and/or sandblasted wood, ceramic tile, applied letters, carved wood, metal, plastic or other compatible, durable and waterproof material. No material more combustible than treated wood shall be used in the construction of any permanent sign.

iii.

All signs shall be constructed in accordance with all applicable Uniform Building Code and National Electrical Code provisions.

iv.

Sign support hardware shall be of a compatible material with the sign it supports and shall complement the architecture and design of building to which it is affixed.

v.

Signs shall be designed and oriented to minimize light or glare upon adjacent residential properties and public rights-of-way.

b.

Lighting of Signs.

i.

Electrical lines from buildings to signs shall be concealed from public view. Exposed raceways are prohibited.

ii.

Light fixtures in planted areas or within support structures shall be screened so that light spillover is restricted to the sign area.

iii.

All external lighting shall be directed away from any adjacent residential uses and public rights-of-way.

iv.

Internally lighted signs shall be a maximum of 200,000 lumens.

v.

Front lit channel letters shall be employed rather than halo lighted signs.

c.

Landscaping.

i.

Landscaped planters shall be required to be installed at the base of all permanent freestanding signs.

ii.

The area of the landscaped planter shall be at least equal in size to the area of two sign faces for pole signs and one sign face for monument signs.

iii.

All landscaped planters shall be irrigated and landscaped with living plant material. Drought tolerant, low maintenance plants shall be utilized wherever possible.

d.

Signage size and location shall comply with the objective requirements of Section 17.84 (Sign Regulations).

B.

Building Design Standards.

1.

Building Form and Massing.

a.

Scale down the street-facing façades of buildings more than two stories high in order to reduce apparent height. Achieve this by stepping back the third story and any additional stories at least ten feet from the street-facing property line, or five feet beyond the lower street-facing portion of the building face,

whichever setback is greater. The third story stepback is not required to be uniform. A variety of methods to achieve the stepback may be used.

b.

Buildings over two stories in height that have frontages on a common open space or courtyard shall have their top story set back at least five feet from the building face at the courtyard.

c.

For buildings with two or more stories, the first floor shall have the tallest plate height by a minimum of ten percent higher than any other plates.

d.

Buildings on sloping lots shall step down with the topography of the slope, where visible from public view, unless such design would make it infeasible to achieve the maximum density given the size of the lot.

e.

Building frontages on public streets shall include defined projecting or recessed architectural elements such as building or unit entrances, bays, bay windows, stair towers, balconies, verandas, porches, trellises, overhangs, and loggias count toward this requirement. Such elements shall occur at a minimum of every 30 feet and each story shall have at least two of the following features:

i.

A recessed feature that has a minimum depth of six feet used to define courtyards, entries, balconies, porches, loggias, or other outdoor spaces along the perimeter of the building.

ii.

An extended or projected feature that projects a minimum of two feet and runs horizontally for a minimum depth of four feet used to emphasize architectural elements such as entrances, bays, stair towers, balconies, and verandas.

iii.

Offsets of façade or roof line of two feet or greater in height.

f.

Roof lines shall not extend horizontally by more than 20 feet in length without at least one prominent change as described below.

i.

Provide variation in roof height of at least 24 inches measured from the highest point of each roof line. Variation in roof height shall be accompanied by plan offsets.

ii.

Provide variation in roof form such as gable, hipped, shed, or parapet, pitch (i.e., low to medium), or orientation. Variation in roof orientation shall be accompanied by plan offsets.

iii.

Provide variation in architectural elements such molding, cornices, eaves, overhangs, corbels, and brackets.

2.

Building Entrances. Entrances shall be oriented in accordance with the following standards.

a.

Mixed-Use Buildings.

i.

Buildings located adjacent to public streets shall have primary (main) pedestrian entrances for commercial uses oriented to face adjoining street(s).

ii.

Buildings not located adjacent to public streets shall have primary (main) pedestrian entrances for commercial uses oriented to face parking areas, walkways, or open space such as courtyards or plazas.

iii.

Buildings with more than 100 linear feet of public street frontage shall provide at least one building entrance for each 100 linear feet.

iv.

Entrances shall be recessed a minimum of two feet from the sidewalk right-of-way.

v.

Entrances shall be clearly recognizable from the street using one or more of the following methods:

1.

Awnings or canopies above an entry with an eight-foot minimum height above the finished grade.

2.

Architectural elements such as columns, porticos, overhanging roofs, or ornamental light fixtures.

vi.

When non-residential and residential uses are in a vertical mixed-use structure, separate pedestrian entrances shall be provided for each use.

vii.

The entrance to residential portions of the building or additional commercial suites (upper floors) shall be accessed through a street level lobby, architecturally integrated entry corridor, from an adjacent alley, or from an internal parking area.

b.

Multi-Family Residential Development.

i.

Each unit entrance shall have a non-obstructed, direct sightline either toward the street or to an interior or exterior open space on the site such as verandas, open passages, outdoor courtyards, gardens, or parking areas.

ii.

When an outdoor courtyard or garden is used as an entrance to dwellings, the courtyard or courtyard entry shall open directly to the public street and sidewalk adjacent to the site.

3.

Building-Street Edge. The building-street edge is defined as the configuration of buildings and open spaces along the street frontage of the site. Where a multi-story development is proposed, one of the following building-street edge configurations at the ground level shall be used.

a.

Continuous uninterrupted building edge at the sidewalk for the length of the street frontage.

b.

Continuous uninterrupted building edge with recessed or projected covered walkway, pedestrian plaza, courtyard, or a combined building and pedestrian open space (e.g., patio or veranda), built to the sidewalk for the length of the street frontage. Any proposed recessed or projected features shall conform to Section 17.26.050(B)(1)(d)(i—ii).

c.

A combination of building, pedestrian open space, and parking frontage, parallel to the sidewalk for the length of the street frontage. The street frontage of a single parking area shall be limited to one double row with circulation aisle (65 feet). A building or building element shall occur before an additional parking row is added. All parking areas shall be setback at least ten feet from front and side street property lines, with the setback area fully landscaped.

4.

Additional Building Design Standards Applicable to Mixed-Use Buildings.

a.

Storefront Transparency. All glass in windows and doorways shall be 90 percent clear for maximizing visibility into stores. A minimal amount (two to three percent) of neutral tinting of glass to achieve sun control is acceptable if the glass appears essentially transparent when viewed from the outside. Opaque, reflective, or dark tinted glass that obstructs interior views at the street level is prohibited.

b.

Public Realm. At least 50 percent of the building frontage facing a public street, primary pedestrian way, or parking lot shall be devoted to pedestrian-oriented features (e.g., storefronts, pedestrian entrances to nonresidential uses; transparent display windows; landscaping).

C.

Architectural Design Districts. .....There are distinct architectural styles and patterns of design that comprise San Clemente's character. These are represented in four Architectural Design Districts: Spanish Colonial Revival, Mission, Los Molinos, and Surf Zone. All new development proposed within an Architectural Design District identified in Figure 17.26.050(C) shall comply with the standards for the applicable Architectural Design District.

==> picture [432 x 578] intentionally omitted <==

1.

Spanish Colonial Revival.

a.

Background. The original architecture of San Clemente is expressive of the founder's vision of a "Spanish Village by the Sea" The historic image and identity of the community is reinforced through the design of

buildings and gardens that reflect the traditions of California's Spanish Colonial Revival.

b.

Applicability. Properties designated as Spanish Colonial Revival on Figure 1 shall comply with the architectural design standards contained in this section, which are excerpted from the Henry Lenny Guidelines and interpreted in the context of the Henry Lenny Design Guidelines if a standard in this section is unclear. Properties designated as SCR or Mission on Figure 1 have the option to comply with either of the architectural design district standards. Development identified as Spanish Colonial Revival shall comply with these standards.

c.

Form and Massing.

i.

Building façades shall be asymmetrical by incorporating:

1.

A minimum of two or more roof planes; and

2.

A minimum of one vertically oriented element (e.g., elements that are built upwards) and one horizontally oriented element (e.g., elements that are longer than they are tall).

ii.

For buildings with two or more stories, the first floor shall have the tallest plate height, by a minimum of ten percent higher than any other plates.

d.

Roof Design.

i.

Roof Configuration. The following configurations are permitted.

1.

The structure's primary roof element shall be gabled, hipped, and shed roofs.

2.

Flat roofs as accents on elements of the main building, such as roof decks, porches, and colonnades. Where visible from public view, flat roofs shall have a color and material that matches the tile used on pitched roofs on the same structure. This requirement does not apply to parapet walls which may be a different material.

Roof pitch shall be 3:12 or greater.

ii.

Roof Materials. The following materials are permitted.

1.

Terra cotta flat or barrel tiles.

iii.

Roof Elements. Roofs shall incorporate ridges, hips, valleys, rakes, and eaves subject to the following standards.

1.

Ridges. A horizontal line of intersection at the top between sloping planes of a roof.

a.

Ridge tiles shall cap all adjacent roof sections and be packed with mortar.

b.

Three to four booster tiles shall be used at the ends.

c.

All flashing and waterproofing membrane materials shall be hidden from public view.

2.

Valleys. A valley is an intersection of two inclined roof surfaces, toward which rainwater flows. Valleys shall be of either type:

a.

A standard/cut valley treatment where tiles are cut and secured to the roof leaving a straight path for water to shed.

b.

A woven valley treatment where tiles are weaved back and forth across the midpoint from both sides of the valley.

3.

Rakes. A rake is the inclined, occasionally projecting, edge of a sloping roof. On a tile roof, tiles shall be rolled over rakes in at least one of the following ways:

a.

Plain rake-to-wall transition.

b.

Slaked stucco to encapsulate the tile.

c.

Rake terminated with rafter tail or cornice.

4.

Eaves. An eave is the overhanging lower edge of the roof.

a.

Eaves shall have exposed rafter tails with spacing of no more than three times the width of the rafter.

b.

Construct corbels/brackets of stone, wood, or stucco. Carvings shall be a classical profile such as an ogee, cyma recta, or cyma reversa.

c.

Bird stops shall be of mortar with weep or drain holes.

iv.

Roof drainage systems shall blend into the building through utilization of at least one of these systems:

1.

Rain gutters shall either be cornice gutters (as referenced in the Henry Lenny Design Guidelines) or copper round gutters.

2.

Downspouts shall be copper and vertical from the roof or gutter to the ground. When a downspout engages the wall, a copper leader box shall be used.

3.

Scuppers shall use clay tiles, spouts, sculpted faces or gargoyles, or tapered canales.

e.

Exterior Walls, Ceilings, and Flooring.

i.

Exterior walls.

1.

Walls shall be constructed to provide the appearance of a 12—24 inch thick wall at articulation points and door/window openings.

2.

The total area of solid building façade (plain wall) shall be greater than the total area of door and window openings in the wall, except at storefront locations.

3.

At least 80 percent of rectangular wall openings shall be vertically oriented. If horizontal openings are proposed, they shall be broken up vertically by using a loggia, arcade, or mullion placement.

4.

Wall Finishes. The following finishes are permitted.

a.

Smooth finish stucco with or without scoring. Sprayed on, mixed or textured stucco finish is not permitted.

b.

Whitewashed brick.

c.

Cantera stone in warm tones.

5.

Wall Colors. The following colors are permitted.

a.

Primary wall colors shall be white or off-white.

b.

Secondary wall colors shall be white, off-white, or earth tone.

c.

Accents, trim, and highlighting features shall contrast with the white, off-white, or earth tone colors (e.g., dark blue, green, and brown).

ii.

Exterior Ceilings.

1.

Exterior ceilings shall have a minimum clearance of nine feet.

2.

Exterior Ceilings shall be vaulted, beamed, or covered.

3.

If beamed ceilings are proposed, stained wood is required.

4.

Coves, beams, and vaults shall correspond with the spacing of arcades or columns.

iii.

Exterior Flooring and Hardscape Surfaces. The following flooring and hardscape surfaces are permitted.

1.

Brick punctuated with glazed tiles.

2.

Brick in herring bone, basket weave, or soldier course pattern.

3.

Terra cotta or Lincoln tile (Mexican Clay).

4.

Flag stone, stand stone, or limestone.

5.

Plain concrete with scoring patterns or colored concrete in sand type, non-red colors.

6.

Pebble mosaic ties in black, gray, or sand type, non-red colors.

7.

French style cement or ceramic tiles.

f.

Windows and Doors.

i.

Window Types, Materials, and Components.

1.

Permitted window types include:

a.

Casement with a single pane of glass or divided.

b.

Double hung.

c.

Decorative (e.g., vent, round, oval, quatrefoil).

2.

Glass areas shall be broken up by mullions and transoms.

3.

When proposed, focal windows shall be triple-arched or windows with parabolic shaped grills of wood, iron, or other elaborations.

4.

Frames and mullions shall be metal, wood, or fiberglass; painted, or stained; stucco framing is acceptable.

5.

Decorative metalwork shall be traditional Spanish Colonial Revival style steel.

6.

Windows shall be set toward the interior to allow the wall thickness to be revealed on the exterior of the building. Insets shall be a minimum of four inches.

ii.

Door Types and Components.

1.

Permitted door types include:

a.

Wood panel with or without glass.

b.

Wood and glass.

c.

Fiberglass

d.

Antique or found doors.

e.

Plank doors.

2.

Frames and mullions shall be wood, painted, or stained; stucco or tile framing is acceptable.

3.

Doors shall be set back in deeply recessed and arched openings. Insets shall be a minimum of six inches.

g.

Exterior Lighting.

i.

Lanterns, pendants, sconces, gas lamps, and other decorative fixtures of Spanish Style (i.e., geometric and angular with points and spikes) shall be used on building exteriors.

ii.

Placement of fixtures shall be restricted to entrances, passageways, pedestrian spaces, and arcades.

iii.

Architectural Elements. If included, where visible from public view, these architectural elements shall be designed as follows.

iv.

Balconies and Porches.

1.

Balconies and porches shall be constructed of iron or wood coated with stucco, painted, or stained.

Design shall be one of the following:

a.

Balcony or porch with supporting posts from ground to floor.

b.

Cantilevered or projecting balcony or porch with posts supporting the roof.

c.

Cantilevered or projecting balcony or porch and cantilevered or projecting roof with no supporting posts.

d.

Recessed balconies or porches.

e.

Open balconies over porches or loggias.

v.

Colonnades and Arcades.

1.

Columns and Colonnades.

a.

Columns shall be round or square in shape with no capital or base.

b.

Column heights shall be between seven and ten times its width.

c.

Column spacing shall be no more than six times its width from center to center, and no less than four times its width from face to face.

2.

Arcades and Arches.

a.

Arcades shall be located against plain surfaces.

b.

Arches shall be round or semi-circular; no flat arches.

c.

Arches and support column shall be a minimum of 18 inches deep, with an articulated column base.

vi.

Awnings.

1.

Awning fabric shall be canvas in natural colors, earth tones, deep jewel tones, or black.

2.

Awnings shall be designed in a triangular shape in a catenary curve, open on the sides with either a pane or decorative valance.

3.

Supports shall be wrought iron or wood.

vii.

Exterior Staircase.

1.

The tread shall be a decorative tile, stone, paver, or finished concrete.

2.

The riser at the face of each stair shall be enhanced with a decorative tile.

3.

The railing can be a stepped or rounded-stucco wall, wrought iron, wood, or tile cap that is a continuation of building form. No glass or chain link is permitted.

viii.

Towers/Chimneys/Cupolas.

1.

Projections shall be used to emphasize important architectural elements such as entrances, bays, stair towers, balconies, and verandas. Elements higher up on a building, such as a tower, shall be scaled up.

Decorative towers, chimneys, and cupolas shall incorporate stucco, brick, terra-cotta pipe, barrel tiles, or ironwork.

i.

Character Defining Features. Projects with ten or more units shall include a minimum of one of the features listed below.

i.

Courtyard.

ii.

Patio or Plaza.

iii.

Colonnades and Arcades.

2.

Mission.

a.

Background. The Mission architectural design district is derived from the Mediterranean region and was often used in the design of the California Missions.

Common features of Mission architecture include stucco and plaster walls, low to medium pitched roofs, columns and archways, and exposed wood features.

b.

Applicability. Properties designated as Spanish Colonial Revival or Mission on Figure 1 have the option to comply with either of the architectural design district standards. Development identified as Mission shall comply with these standards.

c.

Form and Massing of building façades shall be asymmetrical by incorporating:

i.

A minimum of two or more roof planes; and

ii.

A minimum of one vertically oriented element (e.g., elements that are built upwards) and one horizontally oriented element (e.g., elements that are longer than they are tall).

iii.

For buildings with two or more stories, the first floor shall have the tallest plate height by a minimum of ten percent higher than any other plates.

d.

Roof Design.

i.

Roof Configuration. The following configurations are permitted.

1.

The structure's primary roof element shall be gabled and shed roofs with raised parapets.

2.

Hipped roofs with straight or flared eaves for towers, turrets, and belvederes.

3.

Flattened or semi-circular domes on towers.

4.

Pointed caps on circular towers.

5.

Flat roofs as accents on elements of the main building, such as roof decks, porches, and colonnades. Where visible from public view, flat roofs shall have a color and material that matches the tile used on pitched roofs.

6.

Pent eave roofs with brackets.

7.

Roof dormers with gable or hipped roofs, raised parapets.

8.

Roof pitch shall be 3:12 or greater.

ii.

Roof Materials. The following materials are permitted.

Terra cotta flat or barrel tiles.

2.

Standing seam metal, painted plaster, or decorative tile may be used for dome roofs.

iii.

Roof Elements. Elements shall be provided as follows.

1.

Roof Elements. Roofs shall incorporate ridges, hips, valleys, rakes, and eaves subject to the following standards.

a.

Ridges. A ridge is a horizontal line of intersection at the top between two sloping planes of a roof.

i.

Ridge tiles shall cap all gables and be packed with mortar.

ii.

Three to four booster tiles shall be used at the ends.

iii.

All flashing and waterproofing membrane materials shall be hidden from public view.

b.

Hips. A hip is the inclined projecting angle that is formed by the junction of two adjacent sloping sides of a roof.

i.

Hip tiles shall be capped and packed with mortar.

ii.

Three to four booster tiles shall be used at the ends.

iii.

If no hip cap is used, ridge tiles shall lap over hip tiles.

c.

Valleys. A valley is an intersection of two inclined roof surfaces, toward which rainwater flows. Valleys shall be of either type:

i.

A standard/cut valley treatment where tiles are cut and secured to the roof leaving a straight path for water to shed.

ii.

A woven valley treatment where tiles are weaved back and forth across the midpoint from both sides of the valley.

d.

Rakes. A rake is the inclined, occasionally projecting, edge of a sloping roof. On a tile roof, tiles shall be rolled over rakes in at least one of the following ways:

i.

Plain rake-to-wall transition.

ii.

Slaked stucco to encapsulate the tile.

iii.

Rake terminated with rafter tail or cornice.

e.

Eaves. An eave is the overhanging lower edge of the roof.

i.

Eaves shall have exposed rafter tails with spacing of no more than three times the width of the rafter.

ii.

Construct corbels/brackets of stone, wood, or stucco. Carvings shall be a classical profile such as an ogee, cyma recta, or cyma reversa.

iii.

Bird stops shall be of mortar with weep or drain holes.

2.

Roof drainage systems shall blend into the building through utilization of at least one of these systems:

3.

Rain gutters shall either be cornice gutters (as referenced on page 71 of the Henry Lenny Design Guidelines) or copper round gutters.

a.

Downspouts shall be copper and vertical from the roof or gutter to the ground. When a downspout engages the wall, a copper leader box shall be used.

b.

Scuppers shall use clay tiles, spouts, sculpted faces or gargoyles, or tapered canales.

e.

Exterior Walls, Ceilings, and Flooring.

i.

Exterior walls.

1.

Wall Thickness. Walls are subject to the following standards.

a.

Walls shall be constructed to provide the appearance of a 12—24 inch thick wall at articulation points and door/window openings.

b.

The total area of solid building façade (plain wall) shall be greater than the total area of door and window openings in the wall, except at storefront locations.

c.

At least 80 percent of rectangular wall openings shall be vertically oriented. If horizontal openings are proposed, they shall be broken up vertically by using a loggia, arcade, or mullion placement.

2.

Wall Finishes. The following finishes are permitted.

a.

Adobe.

b.

Smooth or pool trowel finish stucco with or without scoring; or painted or built-up brown coat finish stucco. Sprayed on, mixed or textured stucco finish is not permitted.

c.

Stone masonry such as river rock veneer on cut stone, cast stone, or foundation walls, chimneys, and front porch balustrades.

d.

Clay tile.

e.

Wrought iron in Mission Revival, Arts and Crafts, or traditional design.

f.

Cement plaster with spatter dash finish or sand finish.

g.

Wood paneling (when used for accent trim, framing, and decorative elements). Oak paneling with dropped panels on walls and soffits of a recessed main entrance.

3.

Wall Colors. The following colors are permitted.

a.

Light earth tone, white, or off-white.

b.

Accents, trim, and highlighting features shall contrast with the light earth tone, white, or off-white colors (e.g., dark blue, green, and brown).

ii.

Exterior Ceilings.

1.

Exterior ceilings shall have a minimum clearance of nine feet.

2.

Exterior Ceilings shall be vaulted, beamed, or covered.

3.

If beamed ceilings are proposed, stained wood is required.

4.

Coves, beams, and vaults shall correspond with the spacing of arcades or columns.

iii.

Exterior Flooring and Hardscape Surfaces. The following flooring and hardscape surfaces are permitted.

1.

Brick punctuated with glazed tiles.

2.

Brick in herring bone, basket weave, or soldier course pattern.

3.

Terra cotta or Lincoln tile (Mexican Clay).

4.

Flag stone, stand stone, or limestone.

5.

Plain concrete with scoring patterns or colored concrete in sand type, non-red colors.

f.

Windows and Doors.

i.

Window Types and Components.

1.

Permitted window types include:

a.

Casement with a single pane of glass or divided.

b.

Double hung.

c.

Decorative (e.g., vent, round, oval, quatrefoil).

2.

Glass areas shall be broken up by mullions and transoms.

When proposed, focal windows shall be triple-arched or windows with parabolic shaped grills of wood, iron, or other elaborations.

4.

Frames and mullions shall be metal, wood, or fiberglass; painted, or stained; stucco framing is acceptable.

5.

Decorative metalwork shall be traditional Mission style steel.

6.

Windows shall be set toward the interior to allow the wall thickness to be revealed on the exterior of the building. Insets shall be a minimum of four inches.

ii.

Door Types and Components.

1.

Permitted door types include:

a.

Wood panel with or without glass.

b.

Wood and glass.

c.

Fiberglass

d.

Antique or found doors.

e.

Plank doors.

2.

Frames and mullions shall be wood, painted, or stained; stucco or tile framing is acceptable.

3.

Doors shall be set back in deeply recessed and arched openings. Insets shall be a minimum of six inches.

g.

Exterior Lighting.

i.

Lanterns, pendants, sconces, gas lamps, and other decorative fixtures of Spanish Style (i.e., geometric and angular with points and spikes) or Arts and Crafts style shall be used on building exteriors.

ii.

Recessed lighting is permitted if the cans are treated with wrought iron or a painted shroud (wrapping around and extending vertically beyond the light bulb).

iii.

Placement of fixtures shall be restricted to entrances, passageways, pedestrian spaces, and arcades.

h.

Architectural Elements. See Spanish Colonial Revival.

i.

Character Defining Features. Projects with 10 or more units shall include a minimum of one of the features listed below.

i.

"Companario." A scalloped wall pierced for the hanging of bells.

ii.

Ornamented Openings. Lavish embellishments at entrances.

iii.

"Corredor." Outdoor arcade for shaded protection, gathering, and walking.

iv.

Bell Tower. Tiered vertical element.

v.

Quadrangle - Courtyard or Patio with water element (e.g., fountain, pool).

vi.

Colonnades and Arcades.

Surf Zone Design District.

a.

Background. The Surf Zone Design District is located along South El Camino Real (East of 1-5). The design standards for this area feature an eclectic mix of architectural styles, which together can be described as "Surf Zone" architecture. This is a mixture of Contemporary, Polynesian, Australian, and Seaside/Fishing.

b.

Applicability. Properties designated as Surf Zone in Figure 1 shall comply with the architectural design standards contained in this section.

c.

Roof Design.

i.

Roofs shall be a combination of at least two pitch types (e.g., steep gable roofs of 10:12 or greater and low hipped roofs of 3:12 or greater with long overhangs).

ii.

Isosceles (sharp) triangular forms and shapes shall be used for the composition of gabled or hipped roofs.

iii.

Wood beams shall be used to highlight roof lines and angular details including roof lines and entryways.

d.

Materials and Colors.

i.

Materials and Textures. A minimum of two different materials shall be used for building exteriors:

1.

Wood: unfinished lumber, finished and coated lumber, and laminated wood.

2.

Steel: stainless, corten, galvanized.

3.

Masonry: brick, stone.

Stucco.

5.

Concrete.

6.

Bamboo, pill grass, sugar cane

7.

Tiki style fiberglass.

ii.

Base Colors.

1.

The base tone of the building shall be associated with earth tones, or colors found on the beach (e.g., sandy beige and hues of soft blues, grays, and greens).

2.

No two buildings shall share the same color scheme if they are next to or adjacent to each other. Adjacency does not include buildings behind primary structures or buildings across the street.

3.

On walls visible from public rights-of-way with no windows or architectural features, a mural or vertical planting is permitted.

iii.

Accent Colors. Accent colors that contrast with the base color shall be used for front doors, window/door frames, railings, mailboxes, lettering and numbering, and other framing details. These details shall not be the same color as the building.

e.

Decorative Accents and Details.

i.

Awnings.

1.

Fabric or cloth in an accent color that contrasts with that of the building. Awnings shall not be the same color as the building.

Metal or wood awnings.

4.

Los Molinos Design District.

a.

Background. The Los Molinos Design District is an eclectic industrial district center for the local surfing industry, manufacturing, arts and crafts, and business incubation. Most buildings with this style will be one —two stories in height with vaulted roofs, allowing for ample light to flood the interior of the building.

b.

Applicability. Los Molinos is generally defined as properties within Los Molinos Industrial Park, Bonita Canyon Park (west of Calle Bonito), and residential parcels on Avenida De La Estrella and Calle Bonita. Properties designated in Figure 1 as Los Molinos shall comply with architectural design standards contained in this section and detailed in the West Pico Corridor Specific Plan.

c.

Roof Design. Roofs shall be designed subject to the following standards.

i.

Varied roof-pitch is acceptable.

ii.

Built-up roofs shall be accompanied by parapets.

iii.

Roof aggregate shall be earth tone colors (warm and muted shades of brown, gray, beige, red) and applied to cover the entire roof.

iv.

Metal roofing systems are acceptable with earth colors (warm and muted shades or brown, gray, beige red), or finished black, or clear coasted patina.

v.

Roof equipment shall be screened from public view through enclosures that match the architectural style of the primary structure and are painted to match the roof color. Equipment that contributes to the architectural character of the site and district (e.g., windmills, water towers, cisterns) are exempt from this requirement.

d.

Exterior Walls, Flooring, and Signage.

i.

Exterior walls.

1.

Wall Finishes. Exterior walls shall have the look of raw exposed materials and textures as described below.

a.

Pre cast concrete.

b.

Brick.

c.

Split-faced block and ribbed finished corrugated metal (e.g., acid washed or painted).

d.

Stone.

e.

Steel Beams.

2.

Wall Colors.

a.

Earth tone (warm and muted shades of brown, gray, beige, red, blue), white, or off-white.

b.

Accents, trim, and highlighting features shall contrast with the light earth tone, white, or off-white colors (e.g., dark blue, green, and brown).

c.

On walls visible from public rights-of-way with no windows or architectural features, a mural or vertical planting is permitted.

ii.

Flooring and Hardscape Surfaces. Project entries and interior pedestrian areas shall utilize decorative paving consisting of any of the following:

Brick.

Tile.

3.

Pavers.

Stamped concrete.

iii.

Building Signage.

1.

Building signage shall appear handcrafted (i.e., not manufactured) in the style of one or more of the following sign types:

a.

Projecting signs on decorative metal brackets.

b.

Pinned-off metal or wooden letters applied to a wall.

c.

Signs painted directly on a wall, awning, or window.

d.

Wood sandblasted signs.

e.

Handcrafted or carved signs.

2.

Lighting of signs shall be shielded and indirect (versus face-lit internal letters). If external lighting is used, fixtures shall be non- obtrusive and match the architectural style of the building.

(Ord. No. 1784, § 4(Exh. A), 12-10-2024)

CHAPTER 17.28 - SPECIAL USES

Given their unique nature, certain activities and uses have special impacts upon the community, giving rise to a need for special review procedures or standards. The purpose of this chapter is to identify and regulate such uses in order to ensure the maintenance of the public health, safety and welfare in accordance with the goals, objectives, policies, and implementation programs of the General Plan.

(Ord. 1172 § 3 (part), 1996)

The activities and uses covered or described in this chapter, when permitted within the zone in which they are to be located, shall comply with the provisions described here, as well as all other standards and provisions of this title.

(Ord. 1172 § 3 (part), 1996)

17.28.030 - Adult Businesses.

Please refer to Chapter 5.12, Adult-Oriented Businesses, of this code.

(Ord. 1172 § 3 (part), 1996)

17.28.035 - Marijuana Uses.

A.

Purpose and Intent. The purpose of this section is to regulate personal, medical, and commercial marijuana uses. Nothing in this section shall preempt or make inapplicable any provision of state or federal law.

B.

Definitions. For purposes of this section, the following definitions shall apply:

1.

"Accessory structure" means an "accessory building," as defined by Section 17.88.030 of this code, that is fully enclosed and secured with a lock.

2.

"Commercial marijuana activity" includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, distribution, delivery or sale of marijuana and marijuana products.

3.

"Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, trimming, or processing of marijuana.

4.

"Delivery" means the commercial transfer of marijuana or marijuana products to a customer. "Delivery" also includes the use by a retailer of any technology platform owned and controlled by the retailer, or independently licensed under California law, that enables customers to arrange for or facilitate the commercial transfer by a licensed retailer of marijuana or marijuana products.

5.

"Distribution" means the procurement, sale, and transport of marijuana and marijuana products between entities for commercial use purposes.

6.

"Licensee" means the holder of any state issued license related to marijuana activities, including but not limited to licenses issued under Division 10 of the Business and Professions Code.

7.

"Limited home cultivation" means cultivation of up to six living marijuana plants, and possession of the marijuana produced by those plants, within the private residence of the person cultivating them or within an accessory structure to the person's private residence on the same grounds.

8.

"Manufacture" means to compound, blend, extract, infuse, or otherwise make or prepare a marijuana product.

9.

"Marijuana" means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include:

a.

Industrial hemp, as defined in Section 11018.5 of the California Health and Safety Code; or

b.

The weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other product.

10.

"Marijuana accessories" means any equipment, products or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, smoking, vaporizing, or containing marijuana, or for ingesting, inhaling, or otherwise introducing marijuana or marijuana products into the human body.

11.

"Marijuana products" means marijuana that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing marijuana or concentrated cannabis and other ingredients.

12.

"Person" includes any individual, firm, co-partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular.

13.

"Private residence" means a house, an apartment unit, a mobile home, or other similar dwelling that is a "residential dwelling unit," as defined by the California Building Code (24 Cal. Code Regs. § 202), that is fully enclosed and secured with a lock, and that is the primary residence of the person in possession.

14.

"Sale" includes any transaction whereby, for any consideration, title to marijuana is transferred from one person to another, and includes the delivery of marijuana or marijuana products pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same, but does not include the return of marijuana or marijuana products by a licensee to the licensee from whom such marijuana or marijuana product was purchased.

15.

Any term defined in this section also means the very term as defined in the California Business and Professions Code or the California Health and Safety Code, unless otherwise specified.

C.

Personal Use.

1.

For purposes of this subsection, personal recreational use, possession, purchase, transport, or dissemination of marijuana shall be considered unlawful in all areas of the City to the extent it is unlawful under California law.

2.

Outdoor Cultivation. A person may not cultivate marijuana outdoors in any zoning district of the City. "Outdoors" means not in a fully enclosed and secure building structure. It includes covered decks, carports, open-air garden courts, and similar situations that are not fully enclosed and secured with a lock. No use permit, building permit, variance, or any other permit or entitlement, whether administrative or discretionary, shall be approved or issued for any such use or activity.

Indoor Cultivation. All indoor cultivation is prohibited except for limited home cultivation, as defined in Subsection B.7. Limited home cultivation is only allowed if each of the requirements of Section 9.04.025 is satisfied.

D.

Medical Use.

1.

Cultivation of medical marijuana pursuant to Section 11362.77 of the California Health and Safety Code is subject to the cultivation requirements laid out in Subsection C. of this section.

2.

The establishment or operation of any medical marijuana collective, cooperative, dispensary, delivery service, operator, establishment, or provider shall be considered a prohibited use in all zoning districts of the City. No use permit, variance, building permit, or any other entitlement or permit, whether administrative or discretionary, shall be approved or issued for the establishment of any collective, cooperative, dispensary, delivery service, operator, establishment, or provider in any zoning district, and no person shall otherwise establish such businesses or operations in any zoning district.

E.

Commercial Use. The establishment or operation of any business of commercial marijuana activity is prohibited. No use permit, variance, building permit, or any other entitlement or permit, whether administrative or discretionary, shall be approved or issued for the establishment or operation of any such business or operation. Such prohibited businesses or operations may include, but are not limited to:

1.

The transportation, delivery, storage, distribution, or sale of marijuana, marijuana products, or marijuana accessories;

2.

The cultivation of marijuana;

3.

The manufacturing or testing or marijuana, marijuana products, or marijuana accessories; or

4.

Any other business licensed by the state or other government entity under Division 10 of the California Business and Professions Code, as it may be amended from time to time.

F.

Penalty for Violation. No person, whether as principal, agent, employee or otherwise, shall violate, cause the violation of, or otherwise fail to comply with any of the requirements of this section. Every act prohibited and every failure to perform an act made mandatory by this section, shall be unlawful. In addition to the penalties provided in this section, any condition caused or permitted to exist in violation of any of the provisions of this section is declared a public nuisance and may be abated as provided in Chapter 1.16 and under state law.

(Ord. No. 1613, § 5(Exh. A, 1), 1-19-2016; Ord. No. 1632, § 3(Exh. A, § 2), 11-15-2016; Ord. No. 1664, § 42, 9-18-2018)

Editor's note— Ord. No. 1632, § 3(Exh. A, § 2), adopted Nov. 15, 2016 amended § 17.28.035, and in so doing changed the title of said section from "Cannabis Cultivation, Cannabis Manufacturing, Cannabis Testing Laboratory, Cannabis Delivery, and Cannabis Dispensary Uses" to "Marijuana Uses," as set out herein.

17.28.040 - Alcoholic Beverages and Motor Vehicle Fuel, Concurrent Sale of.

A.

Purpose and Intent. .....The purpose of this section is to provide regulations which mitigate the potential effects of the concurrent sale of alcoholic beverages and motor vehicle fuel, as provided for by the State of California.

B.

Applicability. .....This section applies to all facilities which sell both alcoholic beverages and motor vehicle fuel.

C.

Review Required. .....Please refer to the use tables in Chapters 17.32, Residential Zones and Standards, through 17.48, Public Zones and Standards, of this title.

D.

Minimum Standards. .....All persons owning or operating any facility which sells or otherwise dispenses both alcoholic beverages and motor vehicle fuel shall comply with the following requirements:

1.

No beer or wine shall be displayed within five feet of the cash register or the front door, unless such display is a permanently fixed cooler.

2.

No advertisement of alcoholic beverages shall be displayed at motor fuel islands.

3.

No sale of alcoholic beverages shall be made from a drive-in window.

No display or sale of beer or wine shall be made from an ice tub.

5.

No beer or wine advertising shall be located on motor vehicle fuel islands and no self-illuminating advertising for beer or wine shall be located on buildings or windows.

6.

Employees on duty between 10:00 p.m. and 2:00 a.m. shall be at least 21 years of age to sell beer and wine.

7.

No establishment engaged in the concurrent sale of alcoholic beverages and motor vehicle fuel shall be located within:

a.

100 feet of residentially zoned property; or

b.

300 feet of any other establishment engaged in the sale of alcoholic beverages for off-site consumption; or

c.

100 feet of any school, hospital, playground or public park.

8.

The distances provided in this subsection shall be measured as follows:

a.

Between two uses on separate legal parcels: by following a straight line, without regard to intervening buildings, from the nearest point of the parcel of property upon which the proposed use is to be located to the nearest point of the parcel of property or the zoning district boundary line from which the proposed land use is to be separated;

b.

Between two uses that are part of a single integrated commercial development on multiple legal parcels: from the nearest point of the portion of the enclosed building in which the proposed use is to be located to the nearest point of the portion of the enclosed building in which the proposed use is to be separated;

c.

Between two uses on the same legal parcel: by following a straight line from the nearest point of the portion of the enclosed building in which the proposed use is to be located to the nearest point of the enclosed building from which the proposed use is to be separated.

(Ord. 1314 § 16, 2006; Ord. 1172 § 3 (part), 1996)

A.

Purpose and Intent. The noise, litter and other potential nuisances commonly associated with amusement centers tend to decrease, their compatibility with adjacent and surrounding uses. In order to mitigate these impacts on other land uses, specific location limitations, development standards, and provisions need to be imposed on amusement centers.

B.

Applicability. .....This section applies to all structures where mechanical or electrical games are the primary use proposed or when the use of 10 or more mechanical or electrical games is proposed as a secondary use.

C.

Review Required. .....Please refer to the permitted and conditional use tables in Chapters 17.36, Commercial Zones and Standards, through 17.48, Public Zones and Standards, of this title. In no case shall an amusement center be permitted to be closer than 200 feet to the boundary of any RL zone without the approval of a Conditional Use Permit, in accordance with Section 17.16.060, Conditional Use Permits, of this title.

D.

Minimum Standards.

1.

Adult Supervision. One adult supervisor shall be present at all times during hours of operation. One additional supervisor shall be added for every 30 games. The adult supervisor(s) shall be located so as to be able to readily observe all games and all areas of business.

2.

Bicycle Racks. Bicycle storage racks shall be maintained off the public sidewalk to adequately accommodate bicycles utilized by amusement center patrons.

3.

Hours of Operation. The hours of operation shall be determined through the Conditional Use Permit process, with 8:00 a.m. being the earliest an amusement center is allowed to open and 10:00 p.m. being the latest a center is allowed to close unless the amusement center is accessory to a use with longer hours.

4.

Lighting. The amusement center shall be fully and adequately lighted for easy observation of all areas of the premises.

5.

Litter. The premises shall be continuously maintained in a safe, clean and orderly condition.

6.

Location. Please refer to the permitted and conditional use tables in Chapters 17.32, Residential Zones and Standards, through 17.48, Public Zones and Standards, of this title.

7.

Noise. No amplified music shall be audible on the exterior of the premises.

8.

Rest Rooms. On-site rest rooms shall be provided for patrons and employees.

9.

Structures. All structures shall be constructed so that internal noise generated shall not be audible above daytime ambient noise levels beyond the property boundaries.

10.

Telephones. At least one public telephone shall be provided at each arcade or amusement center.

(Ord. 1172 § 3 (part), 1996; Ord. No. 1664, § 43, 9-18-2018)

17.28.060 - Animals, Commercial Grazing and Raising of Large Species.

A.

Purpose and Intent. .....Some zones allow the commercial grazing or raising of large species of animals. This section is intended to promote compatibility between these uses and other nearby uses and to mitigate any negative impacts associated with the use.

B.

Applicability. .....This section shall apply to all land uses which include commercial grazing and raising of large species.

C.

Review Required. .....Please refer to the permitted and conditional use tables in Chapters 17.32, Residential Zones and Standards, through 17.48, Public Zones and Standards, of this title.

D.

Minimum Standards.

1.

Adjacent Uses. Such grazing is at least 100 feet from the nearest neighboring residential building.

2.

Location. Please refer to the permitted and conditional use tables in Chapters 17.32, Residential Zones and Standards, through 17.48, Public Zones and Standards, of this title.

3.

Lot Size, Minimum. The minimum lot or site area is five acres.

4.

Other Uses. Proper grazing is not a part of, nor conducted in conjunction with, any dairy, livestock feed yard, livestock sales yard, or commercial riding academy located on the premises.

5.

Species. The use is limited to horses, cattle, sheep, goats, and other large species, as determined to be similar by the City Planner, subject to the concurrent review and appeal provisions in Section 17.12.090, Consideration of Concurrent Applications, and Section 17.12.140, Appeals of an Action, of this title.

(Ord. 1172 § 3 (part), 1996)

A.

Purpose and Intent. .....The purpose of this section is to establish review requirements and standards for the placement of antennas on City property so that potential safety and architectural impacts of antennas may be addressed.

B.

Applicability. This section shall apply to all antennas located on City property. This shall include all new/proposed, replacement of existing, addition to existing, and replacement/upgrade of antennas on City property. This section shall not apply to the replacement of or addition to an existing antenna used by the City. Please refer to Section 17.28.080, Satellite Antennas, for provisions for satellite antennas. Please refer to Section 17.28.240, Public Utilities and Table 17.24.080(B), Maximum Encroachments into Setbacks and Height Limits, for requirements for other types of antennas.

C.

Review Requirements. The following permits may be required for the replacement, addition, or erection of antennas on City property:

1.

New Antennas per Wireless Master Plan and Height Limit. A City Antenna Permit shall be required to allow a new antenna that complies with height limitations of the zoning district and is consistent with preapproved design concepts for City properties identified in the City of San Clemente Wireless Master Plan. Refer to Section 17.16.130, City Antenna Permits, for general processing requirements.

2.

Other New Antennas. A Conditional Use Permit shall be required to allow other new antennas. Antenna height shall be measured from existing grade to the highest point on the antenna. Refer to Section 17.16.060, Conditional Use Permits, for general processing requirements.

3.

Modifications to Existing Antenna Facilities. The City Planner shall review and decide on requests to modify existing wireless towers or base station structures that support antennas, transceivers, or other related equipment. This includes the addition and removal of wireless transmission equipment such as the colocation of new transmission equipment, the removal of transmission equipment, or the replacement of transmission equipment. Modifications shall not substantially change the physical dimensions of the wireless tower or base station, as defined by the Federal Communications Commission. The City Planner may approve projects that meet minimum standards in Subsection D.

D.

Minimum Standards.

1.

Duration. An antenna on City property shall be allowed for the period of time established by the terms of the City lease agreement or as otherwise established through the City Antenna or Conditional Use Permit process.

2.

Lease Agreement. No person shall locate, erect, or construct an antenna on City property unless the owner of the antenna first enters into the appropriate lease agreement with the City, as determined by the City.

3.

Location. Antennas shall be allowed on City property in all zones, at the City's discretion.

4.

Federal and State Regulatory Compliance. Antennas shall comply with Federal Communication Commission regulations and other applicable Federal and State rules and guidelines.

5.

Modifications of Existing Wireless Towers or Base Station Structures. Projects shall also comply with the following standards:

a.

The modifications shall be designed to blend-in and be in character with the existing facility's design, materials, and location, if practical and feasible, so the project does not have adverse visual impacts on surrounding sites, uses, and structures. The City Planner may require design changes when it is practical and feasible to mitigate potential adverse visual impacts.

b.

The modifications shall enhance and improve the appearance of the existing facility and/or site in a manner that is relative to the scope of changes proposed, unless the City Planner determines it is not practical or pertinent to warrant facility and/or site improvements, based on sufficient evidence provided by the applicant.

c.

Equipment shall be screened from public view in a manner that is consistent with the City policies, guidelines, and rules. If possible, new or modified equipment shall be screened within an existing enclosure or screening material. Acceptable methods of screening may include parapet walls (textured and colored to match existing structural conditions), landscaping, architectural radio frequency screening materials, or other options deemed acceptable by the City Planner. Individual equipment screens may only be used for the project after all other methods of screening have been explored.

d.

When new landscaping is proposed or existing plants and irrigation must be replaced to make facility modifications, new plantings and irrigation shall be consistent with City policies, guidelines, and rules. For example, landscaping shall be drought tolerant and irrigation shall be efficient, unless certain exceptions are needed for the project to be integrated with existing site conditions.

e.

The project shall not interfere with the transmission or reception of other signals in the City, especially utility communication equipment (e.g. City SCADA system) and control signals. If interference is detected at any time, the applicant shall modify or relocate antennas, equipment, or other parts of the facility, as necessary at the applicant's expense, so the project no longer interferes with other communication equipment. If project modifications are necessary, the changes shall be reviewed and approved in compliance with the Zoning Ordinance and other applicable regulations.

f.

The applicant shall confirm in writing that the project will not interfere with the transmission or reception of utility communication equipment or control signals.

g.

The applicant shall agree in writing to restore landscaping, irrigation, and other public improvements, when impacted by a project. The City Planner determines what repairs are necessary to adequately address impacts to the site and surrounding area.

E.

Required Findings for City Antenna Permits. Refer to Section 17.16.175F. for required City Antenna Permit findings.

F.

Required Findings for Conditional Use Permits. In addition to general findings required in Section 17.16.060(F), the review authority shall also meet the following findings to approve a Conditional Use Permit for antenna projects:

1.

If the request is to exceed the allowable height, such an increase may be approved when:

a.

The increase in height is for public safety or community benefit; and

b.

There are exceptional circumstances that do not allow the antenna to meet the height standards for the zone within where it is located.

2.

The proposed project will not interfere with the transmission or reception of other signals in the City; and

3.

The proposed project will not create adverse visual impacts to the surrounding area or to the City at large.

G.

Modification or Revocation of City Antenna Permits or Conditional Use Permits for Antennas. The City may make changes or revoke the approval of applications when conditions of approval are violated, it is necessary to resolve a nuisance, and/or when the application contained incorrect, false, or misleading information. Refer to Section 17.12.175 for related procedures and required findings. In addition to the general findings in Section 17.12.175, the City may revoke or modify a City Antenna Permit or Conditional Use Permit if one or more of the following findings are made:

1.

The terms of the lease agreement with the City have not been fulfilled;

2.

The City receives new information that established a probable threat to the public health and safety as related to the antenna and its transmission or reception of signals; or

3.

The transmission or reception of signals from the antenna interferes with the City communications or other signals in the City.

(Ord. 1471 § 4, 2008: Ord. 1172 § 3 (part), 1996)

(Ord. No. 1594, § 3(Exh. A, § 27), 5-5-2015)

A.

Purpose and Intent. .....The purpose of this section is to mitigate the potential safety and aesthetic impacts of satellite antennas and to integrate such structures into neighborhoods with the least impact to the surrounding community. Please refer to Section 17.28.070, Antennas on City property, and Section 17.28.240, Public Utilities, for requirements for other types of antennas.

B.

Exceptions. .....Satellite antennae less than one meter (39.37″) in diameter are exempt from the provisions of this section except when located on designated historic property.

C.

Review Requirements.

1.

General Permit Requirements. No person shall be permitted to erect, construct, locate or maintain any satellite antenna on any property within the City without first obtaining a valid City Building Permit. Applications for Building Permits for satellite antennas shall be obtained from the Building Division of the City. A Building Permit shall be issued for a satellite antenna upon a determination that the satellite antenna complies with the requirements of this section and the provisions of the City building code or upon the granting of a Minor Exception Permit pursuant to Subsection (B)(2), Minor Exception Permits, of this section, and Section 17.16.090, Minor Exception Permits, of this title.

2.

Minor Exception Permits. Any person unable to satisfy the provisions of this section without preventing or substantially impairing the reception of unencoded satellite broadcast signals or without incurring excessive costs in light of the purchase and installation costs of the satellite antenna may obtain a Minor Exception Permit, in accordance with Section 17.16.090, Minor Exception Permits, of this title and Subsection (F), Minor Exception Permits for Satellite Antennas, of this section. The above notwithstanding, no person shall be entitled to a Minor Exception Permit if the buildings, structures, or landscape structures

on that person's lot have been constructed, located or maintained in a manner which renders it impossible for that person to satisfy the requirements of this section.

For the purpose of this section, a person shall be deemed to be maintaining his or her property in a manner which renders it impossible to satisfy the requirements of this section when that person has constructed or maintains structures (other than the main structure) or landscaping on his or her property in such a manner so as to prohibit the placement of a satellite antenna on the property in the manner required by this section.

D.

Minimum Standards for Satellite Antennas in Residential Zones.

1.

Height. No satellite antenna shall exceed the height limits of the zone in which the satellite antenna is located as measured from the highest point of circumference or extension of the satellite antenna to grade level.

2.

Location.

a.

Ground-Mounted Satellite Antennas. All satellite antennas and their supporting structures shall be located on the flat pad area of the property, provided however, satellite antennas may be permitted on slope areas if screened from view of other properties by landscaping.

b.

Roof-Mounted Satellite Antennas. No satellite antenna shall be installed on the roof of any building in a residential district.

c.

Wall-Mounted Satellite Antennas. Provided the wall is located on the flat pad area of the property, and the antenna installation complies with all other requirements of this section, satellite antennas no larger than two feet in diameter shall be permitted to be attached to the wall of a structure.

d.

"Patio Cover" Satellite Antennas. Satellite antennas which appear as patio umbrellas need not be screened.

3.

Number. No more than one satellite antenna shall be permitted to be erected, constructed, and/or maintained on any lot within a residential zone of the City.

Screening. All satellite antennas shall be screened by walls, fences or landscaping which conform to this title.

5.

Setbacks. Satellite antennas in residential zones shall conform to the following setback requirements:

a.

No portion of a satellite antenna or its supporting structure shall be permitted to encroach into any required rear, side yard or street side yard setback area, or be located within 10 feet of a structure on adjacent property.

b.

No satellite antenna or its supporting structure shall be placed in any area which is visible from the street and located between any portion of the façade of the structure and the street.

6.

Other Requirements. Please refer to Subsection (E), Minimum Standards for All Satellite Antennas, of this section.

E.

Minimum Standards for Satellite Antennas in Mixed-Use and Nonresidential Zones.

1.

Height.

a.

Ground-Mounted Satellite Antennas. No satellite antenna shall exceed the height limits of the zone in which the satellite antenna is located as measured from its highest point of circumference or extension of the satellite antenna to grade level. No ground-mounted satellite antenna shall exceed 10 feet in height as measured from the highest point of circumference or extension of the satellite antenna to finished grade.

b.

Roof-Mounted Satellite Antennas. No satellite antenna shall exceed the height limits of the zone in which the satellite antenna is located as measured from its highest point of circumference or extension of the satellite antenna to finished grade.

c.

Wall-Mounted Satellite Antennas. No wall-mounted satellite antenna shall project above the wall on which it is located or exceed the height limits of the zone in which it is located.

Location.

a.

Ground-Mounted Satellite Antennas. All satellite antennas and their supporting structures shall be located on the flat pad area of the property, provided however, satellite antennas may be permitted on slope areas if screened from view of other properties by landscaping.

b.

Roof-Mounted Satellite Antennas. Roof-mounted satellite antennas shall only be permitted when placed on a flat portion of the roof and screened by parapets and/or other City-approved architectural treatments.

c.

Wall-Mounted Satellite Antennas. Provided the wall is located on the flat pad area of the property, and the antenna installation complies with all other requirements of this section, satellite antennas no larger than two feet in diameter shall be permitted to be attached to the wall of a structure.

3.

Number.

a.

Mixed-Use Zones. No more than one satellite antenna shall be erected, constructed and/or maintained to service residential users on any lot within a mixed-use zone of the City. All other uses within the mixed-use zone shall be subject to the same numerical limitation as nonresidential uses in other nonresidential zones, as provided for in Subsection (D)(3)(b), Nonresidential Zones, immediately below.

b.

Nonresidential Zones. Providing each satellite antenna satisfies the requirements of this title, the number of satellite antennas that can be erected, constructed and/or maintained in conjunction with a nonresidential use in nonresidential zones shall not be limited.

4.

Screening.

a.

Ground-Mounted Satellite Antennas. Ground-mounted satellite antennas shall be screened by walls, fences or landscaping which conforms to this title.

b.

Roof-Mounted Satellite Antennas. Roof-mounted satellite antennas shall be screened by parapets and/or other City-approved architectural treatments.

c.

Wall-Mounted Satellite Antennas. Provided the wall is located on the flat pad area of the property, and the antenna installation complies with all other requirements of this section, satellite antennas no larger than two feet in diameter shall be permitted to be attached to the wall of a structure.

d.

"Patio Cover" Satellite Antennas. Satellite antennas which appear as patio umbrellas need not be screened.

5.

Setbacks. Satellite antennas in mixed-use and nonresidential zones shall conform to the following setback requirements:

a.

No portion of any satellite antenna or its supporting structure shall be permitted within 10 feet of any structure located on adjacent property, any setback area or, if there is less than a five-foot required setback, within five feet of any property line.

b.

No portion of any satellite antenna or its supporting structure shall be permitted within any street side yard area.

c.

No satellite antenna or its supporting structure shall be placed in any area which is visible from the street and located between any portion of the façade of a structure on the property and the street.

6.

Other Requirements. Please refer to Subsection (E), Minimum Standards for All Satellite Antennas, of this section.

F.

Minimum Standards for All Satellite Antennas.

1.

Advertising. No advertising material shall be allowed on any satellite antenna or its supporting structure.

2.

Grounding. Grounding shall be in conformance with the provisions of the National Electric Code adopted by the City.

3.

Location/Individual Lot. Any satellite antenna, except for wall-mounted satellite antennas, shall be a separate structure detached from the principal and accessory structures.

4.

Location/Zone. Satellite antennas shall be allowed in all zones within the City, as an accessory use.

5.

Maintenance. Satellite antennas shall be installed and maintained in compliance with the requirements of the City's building codes.

6.

Permanent Mounting. All dish antennas shall be permanently mounted and no antenna may be installed on a portable or movable structure.

7.

Size. No ground-mounted or roof-mounted satellite antenna shall exceed six feet in diameter. No wallmounted satellite antenna shall exceed two feet in diameter.

8.

Visual Impacts. The satellite antenna and supporting structures shall be located and designed so as to minimize the visual impact on other property. The satellite antenna shall not be unnecessarily bright, shiny, garish or reflective. The satellite antenna shall be painted to neutralize and blend the satellite antenna with its immediate surroundings.

9.

Wind. The Building Official may require a wind velocity test when the Building Official determines that the proposed location of the satellite antenna is susceptible to wind stress. The Building Official may require plans and structural calculations for various elements of the satellite antenna and its support structure. The design shall conform to the City's adopted version of the Uniform Building Code.

10.

Wiring. Electrical and guy wires associated with satellite antennas shall comply with the provisions of the National Electrical Code adopted by the City.

11.

Other Requirements.

a.

Dish antennas shall not be located in a way which reduces the size of any area required for parking, internal circulation, landscaping or other development standards required by this title.

b.

The City may prescribe additional requirements for the administration of this title on matters including, but not limited to the color of the dish, screening materials, etc., so long as such additional requirements

neither prevent nor substantially impair the reception of unencoded satellite signals, nor result in excessive costs in light of the purchase and installation cost of the satellite antenna.

G.

Minor Exception Permits for Satellite Antennas.

1.

Purpose. The purpose of the Minor Exception Permit for satellite antennas is to allow substantially unimpaired reception of unencoded satellite broadcast signals within the City while still protecting the public health, safety and aesthetic interests which would be jeopardized by the unrestricted placement of satellite antennas.

2.

General Processing Requirements. Please refer to Section 17.16.090, Minor Exception Permits, for the general processing requirements for Minor Exception Permits.

3.

Consideration of the Application. When considering the application, the decision-making body shall approve or conditionally approve the Minor Exception Permit. In order to accommodate both satellite broadcast signal reception and the public's health, safety and aesthetic interests, the requirements of this section shall be waived in the following order until such time as unencoded satellite broadcast signal reception is not substantially impaired and excessive costs are not placed on the applicant in light of the purchase and installation cost of the satellite antenna:

a.

Prohibition against locating the satellite antenna within the rear side, or street side yard setback areas;

b.

Screening requirements;

c.

Height limits;

d.

Prohibition against roof mounting of satellite antennas;

e.

Prohibition against front yard placement of satellite antennas;

f.

Any other requirement which either prevents or substantially impairs the reception of unencoded satellite broadcast signals or imposes costs on the applicant which are excessive in light of the purchase and installation costs of the satellite antenna.

4.

Required Findings. Prior to the approval of Minor Exception Permit for satellite antennas, the following findings shall be made:

a.

The strict application of this section either:

i.

Substantially impairs or prevents the applicant's reception of unencoded satellite broadcast signals; or

ii.

Imposes costs on the applicant which are excessive in light of the purchase and installation costs of the satellite antenna; and

b.

The applicant's inability to satisfy the requirements of this section is not the result of the applicant maintaining his or her property in a manner which renders it impossible to satisfy the requirements of this section; and

c.

The public's health, safety and aesthetic interests are protected to the greatest extent possible given the limitations contained in 47 Code of Federal Regulations 25.104 which prohibit the City from preventing or substantially impairing the reception of satellite broadcast signals or imposing costs on satellite antennas owners which are excessive in light of the purchase and installation costs of the antenna.

The applicant shall have the burden of proof with regard to the above findings.

H.

Nonconforming Satellite Antennas. .....All satellite antennas lawfully constructed and erected prior to September 5, 1992, which do not conform to the requirements of this section shall be permitted to continue as legal nonconforming uses. Neither the replacement of this legal nonconforming use or a repair costing more than 50 percent of the current replacement cost of this nonconforming use shall be permitted.

(Ord. 1308 § 10, 2006; Ord. 1172 § 3 (part), 1996)

A.

Purpose and Intent. .....Bed and breakfast inns may be located in commercial, mixed-use and residential neighborhoods. When located in a zone containing residential development, special consideration must be given to the bed and breakfast inn in order to ensure that the existing character of the neighborhood is preserved and not adversely impacted.

B.

Review Requirements. .....Please refer to the use tables in Chapters 17.32, Residential Zones and Standards, through 17.48, Public Zones and Standards, of this title.

C.

Minimum Standards for Bed and Breakfast Inns in Residential Zones.

1.

Architectural Treatment. The exterior architectural appearance of any building utilized as a bed and breakfast inn, including any accessory structures, shall be maintained in a residential character and shall be compatible with the neighborhood in which it is located. No building shall be constructed or altered, nor shall the operation of the bed and breakfast inn be such that the structure may be recognized as serving a nonresidential use, either by color, materials, construction, lighting, signage, noise, landscaping, hours of operation, or by other similar effects.

2.

Character. No building shall be constructed or altered, nor shall the operation of the bed and breakfast inn be such that the structure may be recognized as serving a nonresidential use.

3.

Covenants, Conditions and Restrictions. The owner shall also submit covenants, conditions and restrictions limiting the use of the property in accordance with the provisions contained in this title. This document shall be subject to review and approval by the City Attorney.

Once approved, the owner shall have the document recorded in the County of Orange and a copy shall be provided to the City Clerk and the Planning Division of the City prior to the issuance of the business license.

4.

Food Service. No meals shall be served to anyone other than overnight guests. Meals served to guests shall be prepared in a central kitchen area.

5.

Location. Bed and breakfast inns are prohibited on lots zoned Residential Low (RL) and Residential Very Low (RVL) in that portion of the City of San Clemente seaward of Interstate 5 and in areas governed by Specific Plans. Bed and breakfast inns are permitted in single-family residential zones in other parts of the

City, in accordance with the Discretionary Permits listed in the permitted and conditional use tables in Chapter 32, Residential Zones and Standards, of this title.

6.

Paving. Paving for parking areas shall not exceed the area necessary to meet the required number of parking spaces.

7.

Signs. On-premises identification for a bed and breakfast inn shall be limited to one sign only. The total area of any signage shall not exceed two square feet.

8.

Other Requirements. Please refer to Subsection (D), Minimum Standards for Bed and Breakfast Inns in all Zones, of this section.

D.

Minimum Standards for Bed and Breakfast Inns in All Zones.

1.

Character. The landscaping, scale and architectural character of the proposed bed and breakfast inn shall

be compatible with the neighborhood in which it is located. The use shall be harmonious and compatible with the existing uses within the neighborhood.

2.

Density. The number of guest units shall be limited to a maximum density on the site of one unit per 500 square feet of lot area.

3.

Food Service. Regulations for food service to guests of bed and breakfast inns shall conform to the provisions of the Orange County Health Department, as well as all State laws regulating food handling establishments. No cooking facilities shall be permitted within any bed and breakfast unit.

4.

Location. Please refer to the permitted and conditional use tables in Chapters 17.32, Residential Zones and Standards, through 17.48, Public Zones and Standards, of this title.

5.

Operator. The operator of the inn shall reside on the premises. This operator shall be an owner of the property and the inn shall be the operator's permanent legal residence.

6.

Parking. One parking space shall be required for each bed and breakfast unit. Two parking spaces shall be required for the owner's unit. All parking shall be provided on site unless a Conditional Use Permit in accordance with Section 17.16.060, Conditional Use Permits, and Section 17.64.110, Off-Site Parking, of this title allows otherwise. Screening and landscaping for off-street parking areas shall comply with the provisions for off-street parking, in accordance with Section 17.64.060, Design Standards for Off-Street Parking Facilities, of this title.

(Ord. 1314 § 17, 2006; Ord. 1275 § 2, 2003; Ord. 1172 § 3 (part), 1996)

(Ord. No. 1759, § 3(Exh. A), 10-3-2023)

A.

Purpose and Intent. .....The purpose of this section is to ensure that child day care centers do not adversely impact the adjacent neighborhood, particularly when they are located in residential neighborhoods. While San Clemente residents need child day care centers in close proximity to residences and businesses, potential traffic, noise and safety impacts generated by these uses must be regulated. It is also the intent of this section to allow family day care homes in residential surroundings to give children a home environment that is conducive to healthy and safe development. This section is intended to comply with State law, Government Code § 1597.46.

B.

Review Requirements.

1.

Application Required. Please refer to the permitted and conditional use tables in Chapters 17.32, Residential Zones and Standards, through 17.48, Public Zones and Standards, of this title.

2.

Review Procedures. Applications for child day care centers shall be processed as specified in the permitted and conditional use tables in Chapters 17.32, Residential Zones and Standards, through 17.48, Public Zones and Standards, of this title.

C.

Minimum Standards for Child Day Care Centers in All Zones.

1.

Lighting. Lighting shall be stationary, directed away from adjacent properties and public rights-of-way, except passenger loading areas, and of an intensity compatible with the residential neighborhood.

2.

Location. Please refer to the permitted and conditional use tables in Chapters 17.32, Residential Zones and Standards, through 17.48, Public Zones and Standards, of this title.

3.

Noise. The decision-making body having authority to issue the permit shall consider whether additional noise abatement measures should be required, such as:

a.

A six-foot high solid fence or wall on the side and/or rear property lines of the parcel, in compliance with City standards; and/or

b.

A fence or wall in the front yard which complies with City standards. Materials, textures, colors, and design of any fence or wall shall be compatible with on-site development and adjacent properties. All fences or walls shall provide for safety with controlled points of entry.

4.

Outdoor Play Area. The provisions of the California Health and Safety Code governing child day care facilities shall provide the basic requirements for an outdoor play area. Stationary play equipment shall not be located in a required setback area.

5.

Passenger Loading. A passenger loading plan shall be approved by the decision-making body having authority over the permit.

6.

State and Other Licensing. All child day care centers shall be State licensed and shall be operated according to all applicable State and local regulations.

(Ord. 1172 § 3 (part), 1996)

(Ord. No. 1707, § 3, 2-2-2021)

A.

Purpose and Intent. .....The purpose of this section is to ensure that congregate care facilities do not adversely impact the surrounding neighborhoods and that they are developed in a manner which protects the health, safety, and general welfare of the nearby residents and business, while providing for the housing needs of an important segment of the community.

B.

Review Requirements. .....Please refer to the use tables in Chapters 17.32, Residential Zones and Standards, through 17.48, Public Zones and Standards, of this title.

C.

Minimum Standards in Residential Zones. .....Congregate care facilities located in a residential zones shall conform to the development standards required by that zone, as follows:

1.

Building Height, Maximum. Projects shall comply with the maximum height limits of the zone. Exceptions may be granted in zones where the maximum height limit is more restrictive than 45 feet, in accordance with Subsection (F), from the development standards of this section, provided that no portion of the building shall exceed 45 feet. Any building exceeding one story shall include elevators.

2.

Lot Area Per Dwelling Unit, Maximum. Projects shall comply with the maximum density limitations of the zone. Even though congregate care units do not meet the definition of dwelling units, the units shall be evaluated as dwelling units for the purpose of regulating density. Exceptions may be granted, as provided for in Subsection (E)(1), Minimum Standards for all Zones, Development Density, and (F), Required Findings for Exceptions from the Development Standards, of this section.

3.

Lot Coverage, Maximum. Projects shall comply with the maximum lot coverage limitations of the zone. Exceptions may be granted, in accordance with Subsection (F), Required Findings for Exceptions from the Development Standards, of this section, as follows:

a.

For new facilities, the maximum coverage shall not exceed 80 percent;

b.

For the conversion of existing buildings to congregate care facilities, the maximum lot coverage allowed may be the existing lot coverage.

4.

Lot Size, Minimum. Projects shall comply with the minimum lot size requirements of the zone. Exceptions may be granted in accordance with Subsection (F), Required Findings for Exceptions from the Development Standards, of this section, for the conversion of existing buildings to congregate care facilities.

5.

Lot Width, Minimum. Projects shall comply with the minimum lot width requirements of the zone. Exceptions may be granted in accordance with Subsection (F), Required Findings for Exceptions from the

Development Standards, of this section, for the conversion of existing buildings to congregate care facilities.

6.

Setback Areas, Front, Side and Rear Yard. Projects shall comply with the minimum setback requirements of this zone. Exceptions may be granted in accordance with Subsection (F), Required Findings for Exceptions from the Development Standards, of this section, as follows:

a.

For new facilities, no setback area shall be less than five feet from the property line; and

b.

For the conversion of existing buildings to congregate care facilities, setbacks equal to the existing setbacks may be allowed.

7.

Other Requirements. Please refer to Subsection (E), Minimum Standards for All Zones, of this section.

D.

Minimum Standards in Nonresidential or Mixed-Use Zones. .....Congregate care projects located in a nonresidential or mixed-use zone shall conform to the following development standards:

1.

Building Height, Maximum. Projects shall comply with the height limits of the zone. Exceptions may be granted for projects in zones where the maximum height limit is more restrictive than 45 feet, in accordance with subsection (F), Required Findings for Exceptions from the Development Standards, of this section, provided that no portion of the building shall exceed 45 feet.

2.

Lot Coverage, Maximum. The maximum lot coverage shall be 80 percent. Exceptions may be granted, in accordance with Subsection (F), Required Findings for Exceptions from the Development Standards, of this section, for the conversion of existing buildings to congregate care facilities.

3.

Lot Size, Minimum. The minimum lot size shall be 6,000 square feet. Exceptions may be granted, in accordance with Subsection (F), Required Findings for Exceptions from the Development Standards, of this section, for the conversion of existing buildings to congregate care facilities.

4.

Setbacks.

a.

Front Yard Setbacks. 10 feet, exceptions may be granted provided that no setback area shall be less than five feet;

b.

Rear Yard Setback. Five feet abutting residentially zoned property; zero abutting nonresidential or mixeduse zoned property;

c.

Side Yard Setback. 10 feet abutting residentially zoned property; zero abutting commercially or mixed-use zoned property.

5.

Other Requirements. Please refer to the standards for congregate care facilities in all zones Subsection (E), Minimum Standards for All Zones, of this section.

E.

Minimum Standards for All Zones.

1.

Development Density. The maximum density for a congregate care project shall be determined as follows:

a.

Residential Zones. Within residential zoning districts, the density shall not exceed that allowed by the zone in which the project is located, as determined by the minimum lot area required for each dwelling unit. Exceptions may be granted based on the merits of the project, provided that the density does not exceed 45 dwelling units per net acre.

b.

Mixed Use and Nonresidential Zones. The appropriate density shall be decided through the Conditional Use Permit process for the facility; however, density shall not exceed 45 dwelling units per net acre.

2.

Parking.

a.

Manager's Unit. Two parking spaces shall be provided for each manager's unit. Manager's units shall also be included in calculating guest parking.

b.

Congregate Care Units. One covered space for every two residential units within a congregate care project. In addition, one guest parking space for each five dwelling units shall be provided on site. Guest parking in

any project that has secured parking facilities shall be made separately accessible to the guests. All required parking shall be available to the residents of the project at no fee.

Exceptions to the parking requirements substantiated by a parking study may be approved through the discretionary review required for the congregate care facility.

3.

State Law. All congregate care facilities shall comply with the provisions of State law.

F.

Required Findings for Exceptions from the Development Standards. .....In return for the developer's agreement to provide housing for senior citizens in accordance with this section, the decision-making authority may grant exceptions to the development standards within the limitations established in subsections within this section and by the City of San Clemente General Plan, if such exceptions can be justified and the following findings can be made:

1.

In granting a reduction in the amount of required parking to be provided, the decision-making authority shall find that such reduction will not result in any adverse impact to the surrounding neighborhood due to excessive on-street parking, increased traffic congestion, or impaired vehicular or pedestrian circulation, in the vicinity of the congregate care project.

2.

In granting an increase in the development density allowed within a zoning district, the decision-making authority shall find that the additional density will not result in any adverse impacts to the surrounding neighborhood due to the addition of more residents than the area can reasonably accommodate.

3.

In granting an increase in building height, a reduction in required building setbacks, lot size and/or width, and/or an increase in the amount of lot coverage, the decision-making authority shall find that such increase and/or decrease will not result in any adverse impacts to adjacent properties due to an encroachment of building elements that would reduce such property's access to light and air, the privacy enjoyed by the adjacent residents, or otherwise reduce the reasonable use of the property.

G.

Required Findings for Approval. .....Prior to approval of the Discretionary Permits to allow congregate care project, the following findings shall be made along with the general findings required for the Discretionary Permit:

1.

The location of the project will afford the residents of the project convenient access to civic and commercial facilities and services available in the community.

2.

Any additional findings required in granting exceptions to the provisions of this section, as prescribed in Subsection (F), Required Findings for Exceptions From the Development Standards, of this section.

(Ord. 1314 § 18, 2006; Ord. 1172 § 3 (part), 1996)

17.28.120 - Convenience Stores/Retail Establishments Selling Convenience Items.

A.

Purpose and Intent. .....The purpose of this section is to provide locational standards for convenience stores and parking standards which address the parking impacts of convenience stores and small facilities selling convenience items. The parking needs of a convenience store or retail establishment selling convenience items is typically more intense than the parking needs generated by a traditional grocery store or specialty food store.

B.

Applicability.

1.

Locational Standard. The locational standard in this section shall apply to retail establishments meeting the definition of convenience stores, in accordance with Chapter 17.88, Definitions, "Convenience Store," of this title.

2.

Parking Standards. The parking standards in this section shall apply to the following retail establishments:

a.

Retail establishments meeting the definition of convenience stores, in Chapter 17.88, Definitions, "Convenience Store," of this title;

b.

Other retail establishments of 2,500 square feet or less, which have floor area or outside area used for the display, storage, and/or sale of convenience items. (Please refer to the definition of outside area, Subsection (D)(2), Minimum Standards, Parking, provided with the parking requirements in this section).

C.

Review Requirements. .....Please refer to the permitted and conditional use tables in Chapters 17.36, Commercial Zones and Standards, through 17.48, Public Zones and Standards, of this title.

D.

Minimum Standards.

1.

Location of Convenience Stores. Please refer to the permitted and conditional use tables in Chapters 17.36, Commercial Zones and Standards, through 17.48, Public Zones and Standards, of this title.

2.

Parking.

a.

For retail establishments meeting the definition of convenience store, one parking space for each 200 square feet of gross floor area plus one parking space for each 200 square feet of outside area used for the display, storage or sale of convenience items.

b.

Other retail establishments of 2,500 square feet or less, one parking space for each 200 square feet of the retail establishment used for the display, storage or sale of convenience items, including floor area and outside area.

For the purposes of this requirement, "outside area" shall mean space which is: 1) used for the display, storage or sale of convenience items; and 2) located outside a building.

(Ord. 1172 § 3 (part), 1996)

A.

Purpose and Intent. .....The City's General Plan contains a number of policies related to the preservation of the community's natural topography, for biological and aesthetic reasons. Grading which does not accompany development can result in the unnecessary elimination of topographic and aesthetic resources, if the development plans for the site change, or in unsightly visual impacts for an uncertain length of time, if the land remains undeveloped. Requests to grade property prior to processing any development plans for a site require special consideration to ensure that grading is necessary and complies with the City's General Plan and Hillside Development Ordinance and to prevent unnecessary visual and topographic impacts.

B.

Review Requirements. .....All grading requests which do not accompany requests for development projects shall require the approval of a Conditional Use Permit, in accordance with Section 17.16.060, Conditional Use Permits, of this title, with the following exceptions to be determined by the City Engineer:

1.

Emergency grading for purposes of public safety; or

Grading, including grading for the purpose of structure excavation, which does not result in substantial physical or visual changes in the existing area.

All grading requests require review by the City's Engineering Division. Please refer to the City's Grading Ordinance, Chapter 15.36 of this code, for further specifications related to grading and Grading Permits.

C.

Required Findings. .....Prior to the approval of a Conditional Use Permit for grading which does not accompany a development request, all of the following findings shall be made in addition to the general findings required for the approval of a Conditional Use Permit:

1.

The grading is necessary for proper maintenance of the property;

2.

The negative visual, topographic, and/or biological impacts have been reduced to an acceptable level, as determined by the City.

(Ord. 1172 § 3 (part), 1996)

17.28.140 - Hazardous Waste Facilities.

Please refer to Chapter 17.80, Off-Site Hazardous Waste Facilities, of this title.

(Ord. 1172 § 3 (part), 1996)

17.28.150 - Heliports and Helipads.

A.

Purpose and Intent. .....The purpose of this section is to ensure that heliports and helipads do not result in an adverse impact on adjacent properties by reason of parking demand, traffic generation, fire, or safety hazard, visual blight, or noise. In the interest of protecting the health, safety and general welfare of the City and its residents, the following special regulations are imposed on heliports and helipads, consistent with the goals, objectives and policies of the General Plan.

B.

Applicability. .....These regulations shall not apply to: emergency landings, military or National Guard personnel engaged in official duties; or any medical, fire or police helicopter in emergency situations.

C.

Review Requirements. .....Please refer to the City's specific plans for zones in which heliports and helipads may be located.

D.

Minimum Standards.

1.

Fire Regulations. The use shall be approved by the Orange County Fire Department.

2.

Letters of Agreement. Letters of agreement concerning airspace procedures, altitude and flight tracks, shall be submitted to the City as part of the discretionary review process, if required by the City.

3.

Location.

a.

Please refer to the City's specific plans.

b.

The use must be centrally located within an area of need so that no unnecessary duplication of facilities will occur.

4.

Users. Only public heliports and private, noncommercial helipads shall be allowed. Ticket sales or any common carrier-type functions are strictly prohibited.

(Ord. 1172 § 3 (part), 1996)

17.28.160 - Home occupations.

A.

Purpose and Intent. .....The purpose of this section is to ensure that incidental and accessory home occupation uses are compatible with surrounding residential development. This section is intended to protect the rights of residents to engage in certain home occupations that are harmonious with a residential environment and to protect neighborhoods from the negative impacts that home occupations may have on a residential area.

B.

Review Requirements.

1.

General Review Requirements. Home Occupation Permits, in accordance with Section 17.16.140, Home Occupation Permits of this title, and City business licenses are required when businesses are conducted as an accessory use to a primary residential use in any zone. Please refer to Chapter 5.04, Business Licenses Generally, of this code for information regarding business licenses.

2.

Home Occupation Conducted Outside Enclosed Structure. A Conditional Use Permit, in accordance with Section 17.16.060, Conditional Use Permits, of this title, may be requested to conduct a home occupation in other than an enclosed structure.

a.

Exceptions.

i.

A home occupation consisting of swimming instruction for up to three students at one time may be conducted in an outdoor pool without a Conditional Use Permit.

ii.

Refer to Section 17.28.340, Food Cottages, of this title for regulations on the sale and manufacturing of food products outside enclosed structures.

C.

Minimum Standards. .....Any business licensed with the City shall comply with the following minimum standards. See Section 17.28.340, Cottage Food Operations, for minimum standards for businesses conducting the sale and manufacturing of food goods.

1.

Employees. Only the residents of the dwelling unit may be employed in the home occupation.

2.

Equipment. Electrical or mechanical equipment which creates visible or audible interference in radio, television or telephone or causes fluctuations in line voltage outside the dwelling unit shall be prohibited.

3.

Location. Home occupations are allowed within legal residential dwelling units in all zones.

4.

Noise. The home occupation shall not create noise or odors in excess of that normally associated with a residential use. No motor power, other than electrically operated motors, shall be used in connection with home occupation, and the total combined horsepower of such electrical motors shall not exceed two horsepower.

5.

Parking. The home occupation may be conducted in the garage but shall not use any space required for off-street parking.

6.

Sales. No direct sale to customers of any item or service related to a home occupation shall occur on the premises. Indirect sales such as telephone sales, catalog sales, or sales of services to be performed away from the premises may be allowed. Exceptions from this requirement are available for individual instruction in subjects which meet both of the following criteria:

a.

The instruction is of a self-improvement nature; and

b.

The instruction is related to the arts such as music (nonamplified), painting, crafts and dance.

7.

Setting. The home occupation shall be conducted in an enclosed structure; either the primary dwelling unit or a secondary structure on site. The appearance of the structure or premises shall not be altered to the extent that the structure or premises no longer resembles part or all of a residential structure. A Conditional Use Permit may be requested to conduct a home occupation in other than an enclosed structure. Exception: A home occupation consisting of swimming instruction for up to three students at one time may be conducted in an outdoor pool without a Conditional Use Permit.

8.

Signs. No signs for the home occupation shall be allowed.

9.

Storage. No goods, supplies, equipment, materials or product related to a home occupation shall be stored outside, or be visible from the outside of any structure or unit conducting a home occupation.

10.

Traffic. The dwelling unit shall not be the point of customer pickup or delivery, nor involve the use of commercial vehicles for delivery (except for commercial carriers), nor shall the home occupation cause an increase in vehicular traffic in the neighborhood.

11.

Transferability. A home occupation granted in accordance with the provisions of this title shall not be transferred, assigned or used by a person other than the permittee, nor be transferred to any location other than the one for which the permit was granted.

12.

Use. The home occupation shall be an incidental and accessory use and shall not change the principal character of the dwelling unit. The home occupation shall not involve more than 20 percent of the habitable

dwelling floor area. A commercial or occupational use of a residential dwelling unit that involves more of the habitable dwelling floor area is prohibited unless specifically authorized by the code.

13.

Utilities. The home occupation shall not involve the connection of utilities or use of community facilities other than customary for residential purposes.

D.

Cottage Food Operations. .....Notwithstanding any of the provisions above, a cottage food operation as defined by the State of California under the provisions and allowances of Assembly Bill 1616 shall be allowed in any legally established residential unit in the City of San Clemente provided the following requirements are met:

1.

General Regulations.

a.

Cottage food operations shall conform to all county, state, and federal laws and regulations.

b.

Cottage food operations are subject to all residential zoning requirements set forth in this code, so long as such zoning requirements are not in conflict with the provisions of this chapter.

c.

Cottage food operations may not create noise levels in excess of those allowed by this code in the applicable zone in which the dwelling unit is located.

d.

The proposed home occupation shall not create levels of new light and glare inconsistent with existing amounts of light and glare within the surrounding residential neighborhood.

e.

The proposed home occupation shall not generate vibration, obnoxious odors, dust, heat, fumes, solid waste, electrical interference or other characteristics in excess of that customarily associated with similar residential uses in the surrounding neighborhood.

f.

Additional conditions relating to concentration, traffic control, parking, and noise control may be imposed as deemed necessary by the Planning Division.

Registration.

a.

Cottage food operations shall be registered as "Class A" or "Class B" cottage food operations and shall meet the respective health and safety standards set forth in California Health and Safety Code § 114365 et seq.

b.

A cottage food home occupation business is permitted to produce foods that are defined as "nonpotentially hazardous" by the State of California Department of Public health. A current list of approved cottage food products is limited to those listed by the California Department of Public Health.

c.

Gross annual sales shall not exceed the amount specified in California Health and Safety Code § 113758.

3.

Operation.

a.

The operator of a cottage food operation shall reside within the residential unit used for such activity as their primary residence.

b.

No dwelling shall be built or altered for the purpose of conducting the cottage food operation in such a manner as to change the residential character and appearance of the dwelling, or in such a manner as to cause the structure to be recognized as a place where a cottage food operation is conducted such as the inclusion of any display, sale or advertising signage.

c.

No equipment, materials or products associated with the cottage food operation shall be stored or displayed where visible from off the premises.

d.

Direct sales from the home shall not be conducted from an attached garage, accessory structure, or any place outside of the residential dwelling.

e.

On-site dining and customer loitering is prohibited other than the brief sampling of the cottage food products produced on the premises. No more than one customer may be allowed at the site at any given time.

f.

Between the hours of 7:00 p.m. one day and 8:00 a.m. the following day, no cottage food operation shall sell or offer for sale from the residence food items prepared from that residence.

g.

Commercial delivery of items used in a cottage food operation shall be prohibited between the hours of 7:00 p.m. one day and 8:00 a.m. the following day.

4.

Employees and Operator allowed.

a.

The cottage food operator must be a primary resident of the home where the cottage food home occupation business operates. A maximum of one full-time employee, exclusive of family/household members, may be employed by the cottage food home occupation business at the residence.

b.

Where any cottage food operation employs an individual other than the primary operator, all local, county, state and federal labor laws shall apply and be conformed with.

5.

Maintenance.

a.

Where a cottage food operation is conducted from any residential unit, the operator of the cottage food operation shall police, clean and maintain the property with regard to discarded items that may result from the cottage food operation.

b.

The cottage food operator shall contact the local waste disposal company to ascertain whether additional trash removal services shall be required for the level of food production being created. The cottage food operator shall provide to the City comments from the local waste disposal company that adequate trash removal shall occur for the level of activities added by the Cottage Food Operation.

6.

Parking.

a.

Delivery and loading vehicles shall not illegally park or sit idling, and shall not impede vehicular traffic or circulation at any time.

b.

At least one parking space is required to accommodate customers and deliveries. This required parking space shall not impede vehicular traffic or circulation, and shall not block a driveway or sidewalk. A residential driveway space of an appropriate size and/or a designated guest parking space within a multifamily development may satisfy this requirement.

c.

Operation of the cottage food home occupation business shall not occupy any required parking for the residential dwelling i.e., required garage parking.

d.

No vehicles, trailers (including pick-up trucks and vans) or other equipment, except those normally incident to the residential use, may be kept on the site or in the near vicinity in a manner that obstructs the free flow of traffic, or violates the provisions of this code applicable to parking in residential zones.

e.

On-site parking in an apartment complex or other multi-family residence requires written consent from the property owner, landlord, homeowners association or property manager.

7.

Revocation. A cottage food operating license issued in accordance with the provisions of this chapter may be revoked if the Planning Division finds that any of the following conditions exist:

a.

Any violation of this section or of California Health and Safety Code § 114365 et seq.

b.

That the cottage food operation has become detrimental to the public health or safety, or constitutes a nuisance.

c.

That the cottage food operation no longer maintains a valid Class A or Class B Permit.

(Ord. 1253 § 6, 2001; Ord. 1172 § 3 (part), 1996; Ord. No. 1622, § 7, 5-17-2016; Ord. No. 1707, § 3, 2-22021)

A.

Purpose and Intent. .....The purpose of this section is to provide the density limitations and parking standards for hotels and motels. Please refer to the definitions of hotels and motels in Chapter 17.88, Definitions, "Hotels" and "Motels," of this title for further distinctions between hotels and motels.

B.

Review Requirements. .....Please refer to the permitted and conditional use tables in Chapters 17.36, Commercial Zones and Standards, and 17.40, Mixed-Use Zones and Standards, of this title.

C.

Density Limitations.

1.

Hotels. The maximum density allowed for hotels shall be one unit per 500 square feet of lot area.

2.

Motels. The maximum density allowed for motels shall be one unit per 700 square feet of lot area.

D.

Parking. .....One per unit plus two per manager's unit plus one employee parking space for every 10 rooms; parking required for ancillary uses. Parking requirements may be reduced through a Conditional Use Permit, in accordance with Section 17.16.060, Conditional Use Permits, of this title, with a parking study.

(Ord. 1172 § 3 (part), 1996)

A.

Purpose and Intent. .....The purpose of these regulations is to ensure that the operation and maintenance of commercial kennels does not create a nuisance or otherwise impair the enjoyment of surrounding properties. These zoning regulations are in addition to those set forth in Title 6, Animals, of this code.

B.

Review Requirements. .....Please refer to the City's specific plans for zones in which commercial kennels can be located.

C.

Minimum Standards.

1.

Location.

a.

Please refer to the City's specific plans.

b.

No commercial kennels shall be located on property adjacent to residentially zoned property.

2.

Noise. The kennel area shall be sound attenuated or located so that the noise level measured at the property line does not exceed standards set for the adjacent uses.

3.

Setbacks. No animal runs, exercise areas, or keeping of the kenneled animals shall be located within a required setback area.

(Ord. 1172 § 3 (part), 1996)

A.

Purpose and Intent. .....The purpose of this section is to provide standards for massage establishments, where allowed in compliance with Title 17, Zoning, and Chapter 5.28, Massage Establishments, of the San Clemente Municipal Code. Prostitution and other businesses engaged in illegal activities may use the guise of a massage establishment to shroud their activities and can pose significant risks to massage patrons and massage technicians from improperly or insufficiently trained or managed massage technicians and practitioners. The regulations imposed by this section are reasonably necessary to protect the health, safety and welfare of the residents and visitors of the City and are consistent with all applicable laws of the State of California.

B.

Applicability. .....This section applies to all businesses proposing to conduct massage, including Accessory Massage Establishments. This section shall not apply to the following classes of individuals while engaged in the performance of the duties of their respective professions:

1.

Physicians, surgeons, chiropractors, osteopaths or physical therapists who are duly licensed to practice their respective professions in the State of California.

2.

Nurses registered under the laws of the State of California.

3.

Trainers of any amateur, semi-professional or professional athlete or athletic team.

4.

Barbers and beauticians who are duly licensed under the laws of the State of California when engaged in such practice within the scope of their employment.

Hospitals, nursing homes, sanatoriums, or other health care facilities duly licensed by the State of California; provided that at all times such physicians, surgeons, chiropractors, osteopaths and physical therapists are acting in adherence with the provisions of the state law that govern massage.

6.

Accredited high schools and colleges and coaches and trainers therein while acting within the scope of their employment.

7.

Physical therapy students and massage therapy students, enrolled in a State approved educational program provided that said students are:

a.

Earning practical hours for school/education by providing massages;

b.

Providing massages at an approved educational facility; and

c.

Providing massages under the direct supervision of a State-certified, City-licensed physical therapist or massage therapist.

C.

Review Requirements. .....Please refer to the use tables in Chapter 17.36, Commercial Zones and Standards, and Chapter 17.40, Mixed Use Zones and Standards, of this title for Conditional Use Permit and Minor Conditional Use Permit requirements.

1.

Massage Establishment Business License required for massage approved with a Conditional Use Permit. All businesses that are proposing to conduct massage from a location with an approved and active Conditional Use Permit for massage services must obtain approval of a Massage Establishment Business License prior to the initiation of operations.

2.

Business License required for massage approved with a Minor Conditional Use Permit. All businesses that are proposing to conduct massage incidental to the primary business and from a location with an approved and active Minor Conditional Use Permit for an accessory massage establishment must obtain approval of a Business License for the primary business prior to the initiation of operations.

3.

Change of Tenancy or Ownership. Change of management, ownership, or tenancy of a Massage Establishment, which was legally established and operational by October 20, 2015, shall require a Conditional Use Permit/Minor Conditional Use Permit as required in Chapter 17.36, Commercial Zones and Standards, and Chapter 17.40, Mixed Use Zones and Standards, of this title, as determined by the City Manager. A change of management, ownership, or tenancy shall include, but not be limited to, the sale of at least 50 percent of the shares in any type of corporation, or a change in any of the principal officers in a corporation as determined by the City Manager or his or her designee. Notwithstanding the foregoing, if the licensee is a partnership and one or more of the partners should withdraw, one or more of the remaining partners may acquire, by purchase or otherwise, the interest of the partner or partners who withdrew without effecting a change in management, ownership, or tenancy, and in such case, the licensee shall be deemed to be the surviving partner(s).

4.

Police Services Review and Recommendation.

a.

San Clemente Police Services shall review and provide a recommendation for the following applications for massage services: Conditional Use Permit; Minor Conditional Use Permit; Massage Establishment Business License; and Business Licenses of any business seeking to operate an accessory massage establishment.

b.

Upon receipt of a complete application, the review authority shall forward a copy of the complete application to San Clemente Police Services.

c.

The ultimate determination with regard to approving or denying the applications provided in subsection (a) above lies with the City's review authority. In reaching its determination, the review authority shall take into account the recommendation from San Clemente Police Services.

D.

Facility Requirements.

1.

Massage Establishment Identifying Notice. A recognizable and readable notice, shall be posted inside at the main entrance and comply with all of the following:

a.

The notice shall be at least 8.5 inches by 11 inches in size;

b.

The notice is constructed of wood, metal, glass, acrylic, or other substantial material;

c.

The notice is permanently mounted in a location and oriented in a manner so as to be visible to all people entering the establishment;

d.

The notice identifies the establishment as a massage establishment, or accessory massage establishment; and

e.

The notice shall state, in English and Spanish, in lettering of a font size no smaller than 48 point: "Notice to All Patrons: This massage establishment and the massage rooms do not provide complete privacy and are subject to inspection by authorized City personnel without prior notice."

2.

Anti-Human Trafficking Notice. The notice developed by the Department of Justice and found at https://oag.ca.gov/human-trafficking/model-notice, of a size no smaller than eight and one-half inches by 11 inches in size, shall be posted in English, Spanish, and Vietnamese in the customer waiting room so as to be visible to all people entering the establishment, as well as in every private massage room.

3.

Turn Off Illuminated Signs. All illuminated signs, including, but not limited to, open signs, shall be turned off at close of business.

4.

If shower facilities are provided, an enclosed changing area, directly adjacent to the shower shall be provided. The changing area shall be designed to allow the patron utilizing the shower facility to exit the shower, and enter the changing area, without being exposed or visible to any other area of the massage establishment. A private changing area shall be provided for each shower facility provided. The minimum dimension of the changing area shall be 25 square feet, and meet ADA standards.

5.

A minimum of one separate washbasin shall be provided in each massage establishment for use by the establishment's massage technicians and employees. Said basin shall provide soap or detergent and hot and cold running water at all times, and shall be located within or as close as practicable to the area devoted to the performing of massage services. In addition, there shall be provided at each washbasin sanitary towels placed in permanently installed dispensers.

6.

The storefront windows of the massage establishment shall be transparent to provide clear visibility into the unit. The windows shall not be obscured by curtains, blinds, or other temporary devices during operating hours, except that window signs that comply with Title 17 are permitted.

7.

Table showers. If an establishment is proposing the use of table showers in the facility, the entire massage room where the table shower is located shall be designed and built as a shower facility pursuant to the requirements of the California Building Codes.

8.

Massage Room Locks. Locking doors are prohibited for any interior rooms where permitted massage services are rendered. No changing rooms or other types of rooms designed for privacy, if provided, shall be used to render massage services. In the context of this section, "locking doors" shall mean any type of device, temporary or permanent, living or otherwise, which restricts, prohibits, or slows entry into a room, or provides advanced notice of entry. Signs that state a massage is in progress are permitted.

E.

Operational Requirements.

1.

A massage business licensee shall have the premises supervised at all times when open for business by the operator or a designated manager. A person designated as the responsible managing officer shall be on the premises at all times of operation and must be registered with the City by the owner to receive all complaints and citations. The appointment of a managing officer in charge must be in writing with the managing officer in charge acknowledging this appointment. The violation upon the premises of any massage establishment of any provision of this section by any agent, massage technician, employee or independent contractor of the holder of a massage business license shall constitute a violation by the licensee.

2.

Whenever an act or omission is made unlawful by this section, it shall also be unlawful for any person to allow, permit, aid, abet, or conceal such act or omission.

3.

Each massage establishment shall have at least one person who has a valid California Massage Therapy Council (as defined in San Clemente Municipal Code Section 5.28.020—Definitions, and hereinafter referred to as "CAMTC") certification on the premises at all times while the establishment is open for business. All persons who perform or administer massage services are required to be licensed by CAMTC, pursuant to Business and Professions Code Chapter 10.5, commencing with section 4600, as amended.

4.

The operator of a massage establishment shall maintain a register of all persons employed as a massage technician and their CAMTC certification numbers, along with all receptionists, or other employees of the establishment. Such register shall be provided to the City upon application of a massage establishment license and business license, and shall be updated when an employee, massage technician, or independent contractor is added or discontinues services at the establishment. Notification shall be

provided to the City within ten calendar days of the date an employee, massage technician, or independent contractor is added or discontinues service at the establishment. The register shall also be made available for inspection by representatives of the City at any time during the establishment's business hours. If the register is not made available during inspection, the establishment may receive an administrative citation, along with any individual, not including patrons, at the establishment that cannot be verified as a legal employee.

5.

In no circumstance shall any owner, operator, responsible managing employee, manager, massage technician, licensee, employee or independent contractor expose any specified anatomical areas (as defined in San Clemente Municipal Code Section 5.28.020, Definitions) to another person or persons while at the massage establishment.

6.

In no circumstance shall any specified sexual activities (as defined in San Clemente Municipal Code Section 5.28.020, Definitions) take place at any time at the massage establishment.

7.

No massage services shall be provided to a patron that results in intentional contact, or occasional repetitive contact, with specified anatomical areas (as defined in San Clemente Municipal Code Section 5.28.020, Definitions).

8.

No person or persons shall be allowed to live inside the massage establishment at any time. No food of any kind shall be prepared for sale or sold in the establishment unless an appropriate food vending license is obtained. There shall be no massage tables located in areas not designated specifically as massage rooms. Locker facilities shall be provided for all employees and independent contractors. All personal items of the employees or independent contractors shall be kept in the lockers while at the establishment.

9.

No massage establishment shall operate as a school of massage, or use the facilities as that of a school of massage.

10.

No massage establishment employing a massage technician shall be equipped with tinted or one-way glass in any room or office.

11.

There shall be no display, storage, or use of any instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities, including, but not limited to, vibrators, dildos, or condoms, or any goods or items which are replicas of, or which simulate or stimulate, specified anatomical

areas (as defined in San Clemente Municipal Code Section 5.28.020, Definitions), or pornographic magazines, videos, or other material.

12.

Each service offered, the price thereof, and the minimum length of time such service shall be performed shall be posted in a conspicuous public location in each massage business or establishment. All letters and numbers shall be capitals not less than one inch in height. No services shall be performed and no sums shall be charged for services other than those posted. This posting requirement shall not apply to exempt physicians and/or surgeons who employ or retain non-exempt persons to perform massage therapy as part of licensed medical activities. All arrangements for services to be performed shall be made in a room that is not used for massage therapy.

13.

Alcoholic beverages may not be sold, served, furnished, kept, consumed, imbibed, or possessed on the premises without a Conditional Use Permit approved in compliance with Chapter 17.16.060, Conditional Use Permits, and any applicable California Department of Alcoholic Beverage Control licenses.

14.

Every massage establishment shall keep a written record of the date and hour of each treatment administered, the name and telephone number of each patron, the name of the massage therapist or massage practitioner administering treatment, and the type of treatment administered, to be recorded on a patron release form. In addition, every massage establishment shall obtain and retain (and every patron shall provide) a copy of the patron's driver's license or other state-issued photo identification at the time of a patron's first visit to the massage establishment. If a patron refuses to provide his/her photo identification for photocopying by the operator, the operator shall refuse service to the patron. Such records shall be open to inspection by officials charged with enforcement of this section as authorized by the law or court order, if necessary. Such records shall be kept on the premises of the massage establishment for a period of two years.

15.

Hours of operation shall be limited to the hours of 7:00 a.m. to 9:00 p.m. daily. A massage begun any time before 9:00 p.m. must nevertheless terminate at 9:00 p.m. The hours of operation shall be clearly displayed within a common area of the facility, or may be displayed as a form of window signage in compliance with Chapter 17.84, Sign Regulations, of this title.

16.

The owner or operator of each massage establishment shall display the business license issued to the establishment and the CAMTC license issued to each massage technician employed in the establishment in an accessible, visible, and conspicuous place on the premises. CAMTC certified massage practitioners shall have his or her original state certification at his or her place of business and his or her identification card in his or her possession while providing massage services. All subcontracted massage technicians, as defined by the Internal Revenue Service, operating within a massage establishment shall have his or her business license at his or her place of business.

17.

Every massage establishment shall keep a written record of the date and hour of each treatment administered, the name and telephone number of each patron, the name of the massage technician administering treatment, and the type of treatment administered, to be recorded on a patron release form. Such written record shall be open to inspection by officials charged with enforcement of this section as authorized by the law or court order, if necessary. Such records shall be kept on the premises of the massage establishment for a period of two years.

18.

No person shall give, or assist in giving, any massage or other body treatment to any other person under the age of 18 years, unless the parent or guardian of the minor person has consented thereto in writing.

19.

Entry and Exit. All clients shall enter and exit through the front door of the business. The front door shall face the street or, if no street-facing door exists, the door that is most visible from the customer-oriented and publicly-accessible area of the property. No entrance to any massage business shall be provided or permitted adjacent to any service/delivery area, City alley, utility/maintenance area, or, in the case of multitenant buildings or commercial centers, directly accessible to covered parking areas that are not directly accessible by other tenant suites visible from the massage business's entry. "Directly accessible" in the context of this section means public access to a business which occurs without passage through a common entryway, hall, staircase, courtyard, or corridor that provides the main public access to multiple tenant suites in the building or commercial center.

F.

Sanitation Requirements. .....In compliance with Orange County Health Department requirements:

1.

Adequate equipment for disinfecting and sterilizing instruments used in performing the acts of massage shall be provided.

2.

Hot and cold running water within the massage establishment shall be provided at all times.

3.

All walls, ceiling, floors, pools, showers, bathtubs, steam rooms, and all other physical facilities for the establishment must be in good repair and maintained in a clean and sanitary condition. Wet and dry rooms, steam and vapor rooms or cabinets, shower compartments, and toilet rooms shall be thoroughly cleaned each day the business is in operation. Bathtubs/table showers shall be cleaned after each use.

4.

Clean and sanitary towels and linens shall be provided for each patron of the establishment or each patron receiving massage services. No common use of towels or linens shall be permitted.

5.

Minimum ventilation shall be provided in accordance with the California Building Code.

G.

Attire Requirements.

1.

Dressing while engaging in the practice of massage for compensation, or while visible to clients in a massage establishment, in any of the following is a violation of Chapter 4609 California Business and Professions Code:

a.

Attire that is transparent, see-through, or substantially exposes the massage technician's undergarments.

b.

Swim attire, if not providing a water-based massage modality approved by CAMTC.

c.

A manner that exposes the massage technician's specified anatomical areas (as defined in San Clemente Municipal Code Section 5.28.020 Definitions).

d.

A manner that constitutes a violation of Section 314 of the Penal Code.

e.

A manner that is otherwise deemed by CAMTC to constitute unprofessional attire based on the custom and practice of the profession in California.

H.

Permit conditions. .....In approving a Minor Conditional Use Permit or Conditional Use Permit to establish a massage use, the review authority may impose conditions (e.g., security and safety measures, light, noise buffers, parking, etc.) on the use to ensure that it operates in a manner that provides adequate protection to the public health, safety, and general welfare. The following condition shall be added to a Minor Conditional Use Permit or Conditional Use Permit:

1.

A notarized statement signed by the applicant, massage business owner, property owner, and property manager, if applicable, acknowledging that the signatories shall be responsible for the conduct of all

employees, massage technicians and independent contractors working on the premises of the massage establishment and that failure to comply with California Business and Professions Code Section 4600 et seq., with any local, state, or federal law, or with the provisions of this chapter or Title 17 may result in (1) the revocation of all City-issued license(s) and permit(s) related to, and for the purpose of conducting the massage business, and (2) civil, administrative, or criminal penalties. The signed statement shall include the acknowledgement that violations of this code, or any other local, county, state, or federal codes or regulations leading to a business license revocation will result in prohibition of a massage establishment in the same location (e.g. suite, tenant space) for two years from the date of said revocation.

I.

Inspection by Government Officials. .....The City Manager, or designee, shall have the right to enter massage establishments or businesses, anytime, unannounced, for the purposes of making reasonable inspections to observe and enforce compliance with this section and all laws of the City and State of California.

J.

Nuisances. .....No person, partnership, corporation, or other type of entity shall operate a massage establishment, or accessory massage establishment, anywhere in the City without first obtaining any and all necessary permits and licenses to operate a massage establishment or accessory massage establishment. Failure to obtain any and all necessary permits or licenses to operate a massage establishment, or accessory massage establishment, constitutes a misdemeanor and is unlawful and a public nuisance. The City Manager, City Attorney, or City Prosecutor, may in the exercise of discretion, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings, for the abatement, removal or enjoinment thereof, in a manner provided by law. Violations of this section or any permit provided pursuant to this section shall also be subject to enforcement under Title 1 of this code or suspension, revocation, or non-renewal of any applicable permit or license.

K.

Post-Decision Procedures. .....The procedures and requirements in section 17.16.060, Conditional Use Permits, and those related to appeals in section 17.12.140, Appeals of an action, shall apply following the decision on a massage establishment Conditional Use Permit application or accessory massage establishment Minor Conditional Use Permit application.

(Ord. No. 1608, § 10, 10-20-2015; Ord. No. 1702, § 3(Exh. A), 9-1-2020; Ord. No. 1704, § 3, 9-15-2020)

17.28.190 - Mobilehomes.

A.

Purpose and Intent. .....This section provides standards and procedures for individual mobilehomes on individual lots in residential zones and the development of new mobilehome parks. These standards are provided to ensure the compatibility of mobilehomes with other surrounding permitted uses, create a safe and desirable living environment for mobilehome residences, and address land use compatibility. This

subsection shall not apply to existing mobilehomes and mobilehome parks, including existing nonconforming mobilehomes and mobilehome parks.

B.

Review Requirements. .....Please refer to the permitted and conditional use tables in Chapters 17.32, Residential Zones and Standards and 17.40, Mixed-Use Zones and Standards of this title.

C.

Minimum Standards for Mobilehome Parks. .....Mobilehome parks shall comply with the standards of the underlying zoning designation unless a Planned Residential District Overlay is approved in accordance with Section 17.56.040, Planned Residential District. In addition, the following design criteria apply in mobilehome parks.

1.

Circulation. Vehicular and pedestrian circulation ways shall be separate. Adequate sight distance and warning information shall be maintained wherever such circulation ways intersect.

2.

Trash and Recycling Storage. Where individual trash and recycling pick-up is not provided, common trash and recycling storage area(s) shall be provided within a totally walled and roofed structure with a roof not exceeding 12 feet in height. The enclosure or enclosures shall be located within 200 feet of all mobilehomes within the park.

3.

Perimeter Landscaping and Walls. A perimeter wall of six feet in height shall be provided along the perimeter of the mobilehome park. A minimum of five feet of landscaped area shall be provided along each side of the required perimeter wall when such wall is adjacent to an existing or proposed public or private street. A minimum 10-foot landscape area shall be provided between the perimeter wall and mobilehomes where the perimeter wall is not adjacent to an existing or proposed public or private street.

4.

Setbacks.

Parking. Two parking spaces per mobilehome, plus one guest parking space for every three mobilehome sites in the development. Tandem parking is permitted for the parking provided for each mobilehome.

6.

Minimum Street Width. All mobilehome park streets shall have a width of not less than 30 feet, including curbs.

7.

Recreation Area. A central recreation area shall be provided within the mobilehome park. The size of such area shall be at least 200 square feet per mobilehome site. The recreation area may contain community clubhouses, swimming pools, shuffleboard courts and similar facilities. Decentralized recreational facilities may be approved by the City, provided the total recreational area meets the above Stated minimum size.

8.

Park Office. Mobilehome parks shall include a permanent building for office use. The office may be included as part of a recreational building.

9.

Storage Areas. Areas used for the storage of travel trailers, boats and other similar items may be established in a mobilehome park, provided they are adequately screened from public view and approved by the same discretionary permitting process as required for the mobilehome park.

D.

Minimum Standards for Individual Mobilehomes. .....Individual mobilehome installation on individual lots zoned for single-family residential development shall comply with the following additional standards for the zoning district.

1.

Each mobilehome installation shall at a minimum comply with the site development standards for the applicable zoning districts.

2.

Each mobilehome shall be placed on a foundation system consisting of a solid concrete or masonry wall under the outside perimeter of the mobilehome; or piers or other open construction meeting the requirements of the currently effective City building code, combined with skirting placed around the outside wall of the mobilehome in such a manner that the exterior siding appears to start at ground level.

3.

The exterior siding of the mobilehome shall be similar in appearance to siding material customarily used in conventionally built single-family dwellings.

Roof pitch shall be similar to roofs of the same type and material on single-family dwellings in the neighborhood.

5.

Roofing material shall be consistent in color with existing single-family dwellings in the neighborhood.

6.

Roofs shall have an eave overhang of at least 12 inches, measured perpendicularly from the vertical side of the mobilehome.

7.

The exterior siding and roof materials of the garage shall be the same or very similar to the mobilehome siding/roof materials.

(Ord. 1321 § 3, 2006; Ord. 1172 § 3 (part), 1996; Ord. No. 1685, § 7, 12-3-2019)

A.

Purpose and Intent. .....On-shore oil facilities are currently prohibited in the City. This section is intended to establish and clarify the procedures necessary for any such facilities being approved.

B.

Minimum Regulatory Standards.

1.

Coastal Policy Conformity. Whenever any person, corporation, partnership or group seeks an amendment of either the City of San Clemente General Plan, the City of San Clemente Zoning Ordinance, or the City of San Clemente Certified Local Coastal Program to permit the development within the City's coastal zone of any on-shore oil facility, the City Council shall determine whether the then-proposed amendment is in conformity with the established coastal policies.

2.

Fees. The person, corporation, partnership or group seeking any such amendment to the City of San Clemente General Plan, the City of San Clemente Zoning Ordinance, or the City of San Clemente Certified Local Coastal Program (when approved), shall pay, to the extent permitted by law, any and all costs associated with the special or general election required herein.

3.

Health, Safety and Welfare Considerations. The amendment must also work to further the health, safety and welfare of the people of the City.

Implementation. The proposed amendment shall not become effective unless approved by a majority of the San Clemente electors voting in the election.

5.

Referendum. If the City Council finds that the proposed amendment is consistent with the coastal policies and is not injurious to the health, safety and welfare of the people of the City, it shall submit the proposed amendment to a referendum vote of the people.

(Ord. 1172 § 3 (part), 1996)

A.

Purpose and Intent. .....The City recognizes the need to allow outdoor dining areas and facilities that help achieve General Plan goals. The purpose of this section is to allow outdoor dining facilities as an accessory use at indoor restaurants that add to the pedestrian ambiance of streets and address potential compatibility or safety issues.

B.

Applicability. .....This section shall apply to outdoor dining facilities that are an accessory use at indoor restaurants.

C.

Review Requirements.

1.

Outdoor Dining Areas on Private Property. To allow an outdoor dining area on private property, the following is required:

a.

Review of Exterior Modifications. Exterior modifications to establish outdoor dining areas require review in compliance with Section 17.16.095 (Administrative Development Permit), Section 17.16.100 (Development Permit), or Section 17.16.110 (Cultural Heritage Permit) for historic resources and landmarks on the City's designated historic resources and landmarks list.

b.

Outdoor Dining Without Alcohol Service or Entertainment. The City Planner may approve outdoor dining areas with a maximum of 16 seats and four tables on private property, provided that alcohol service or live entertainment is not proposed. A Minor Conditional Use Permit is required to allow outdoor dining areas with more than 16 seats and four tables.

c.

Outdoor Dining with Alcohol Service or Entertainment. Alcohol and/or entertainment may be allowed on outdoor dining areas, on private property, as a restaurant accessory use with the approval of a Conditional Use Permit or Minor Conditional Use Permit. Refer to Chapters 17.36 (Commercial Zones) through Chapter 17.48 (Public Zones) to determine if this is allowed.

2.

Outdoor Dining on Public Property. The following procedures are required to allow outdoor dining areas on public property, such as sidewalks:

a.

Review of Exterior Modifications. Exterior modifications to establish outdoor dining areas require review in compliance with Section 17.16.095 (Administrative Development Permit), Section 17.16.100 (Development Permit), or Section 17.16.110 (Cultural Heritage Permit) for historic resources and landmarks on the City's designated historic resources and landmarks list.

b.

Number of Outdoor Seats. A Minor Conditional Use Permit is required to allow outdoor dining areas with a maximum of 16 seats and four tables. A Conditional Use Permit is required to allow outdoor dining areas with more than 16 seats and four tables.

c.

Encroachment into Public Property. An Encroachment Permit is required to allow outdoor dining on public property per Chapter 12.20.

d.

Location of Outdoor Dining on Public Property. A Minor Conditional Use Permit is required to allow outdoor dining areas that are adjacent to private property. A Conditional Use Permit is required to allow outdoor dining in other areas, such as in a parkway, areas separated from private property, or areas directly adjacent to a street or parking.

e.

Outdoor Dining with Alcohol Service or Entertainment. Alcohol and/or entertainment may be allowed on outdoor dining areas, on public property, as a restaurant accessory use with the approval of a Conditional Use Permit or Minor Conditional Use Permit. Refer to Chapters 17.36 (Commercial Zones) through Chapter 17.48 (Public Zones) to determine if this is allowed.

D.

Minimum Standards for All Outdoor Dining Areas. .....The following restrictions shall apply to outdoor dining areas:

Accessibility, Horizontal. Outdoor dining facilities shall not block access to businesses or to the sidewalk or street. Facilities must comply with State and Federal Disabled Access Requirements.

2.

Encroachment into Parking. No outdoor dining area shall occupy any part of a required parking area.

3.

Height. No outdoor dining area shall exceed the height limit of the zone, except that tables, chairs, and umbrellas and any safety-related guardrails located on rooftop decks may exceed the height limits of the zone so long as the permanent structures on which they are located comply with the height limits of the zone.

4.

Outdoor dining shall be a restaurant accessory use only. Outdoor dining areas may only be allowed as an accessory use to an indoor restaurant within a zoning district in which restaurants are a permitted use. Refer to Chapters 17.36 (Commercial Zones) through Chapter 17.48 (Public Zones) to determine if restaurants are permitted in the zoning district in which outdoor dining area is proposed.

5.

Parking.

a.

Outdoor dining areas shall comply with parking requirements shown in Table in 17.28.205:

Table 17.28.205—Parking Requirements for Outdoor Dining Areas

below. Regarding exemptions, refer to Subsection (D)(6)(c) below.

b.

Parking requirements may be waived or modified in some instances per Section 17.64.125.

c.

Parking requirements for outdoor dining facilities located within MU3-A and MU3-CB-A zones, may be exempted by the review authority if the following findings can be made:

i.

Off-street public parking is available within a block of the restaurant; and

ii.

The outdoor dining facility contributes and enhances the village/pedestrian atmosphere of the Architectural Overlay District it is located in by incorporating paseos and/or plazas that are specifically designed for outdoor dining facilities.

6.

Property Owner Agreement. The property owner shall consent to the outdoor dining facilities.

7.

Sight Distance Problems. Outdoor dining areas shall not create any sight distance problems to or from the appropriate streets, parking areas, and loading areas.

E.

Other Requirements for Outdoor Dining on Public Property. .....The following restrictions also shall apply to outdoor dining areas on public property:

1.

Accessibility, Vertical. Umbrellas and similar objects related to the facilities must be located so that they do not endanger the safety of pedestrians or block access to businesses or to the sidewalk or street. A minimum seven-foot clearance, as measured from the ground below an umbrella or similar object to the lowest portion of the umbrella shade or ribs, is recommended as a guideline, with the actual clearance to be determined through the review process.

2.

Indemnification. The applicant shall execute an agreement in a form acceptable to the City Attorney which defends, indemnifies and holds the City and its employees harmless from and against any loss or damage

arising from the use or existence of the improvements and use of public property.

3.

Insurance. The applicant shall obtain and maintain in full force comprehensive general liability, broad form property damage and blanket contractual liability insurance in a combined single limit amount, per claim and aggregate, of at least $1,000,000.00 covering the applicant's operations on the sidewalk. Such insurance shall name, on a special endorsement form, the City, its elected and appointed boards, officers, agents and employees as additional insureds. The policy of insurance or special endorsement form shall state that the insurance is provided on an occurrence basis and is primary to the City's insurance. A certificate of insurance shall contain provisions that prohibit cancellations, modifications or lapse without 30 days prior written notice to the City.

4.

Maintenance. The public right-of-way will be maintained at a level acceptable to the City.

5.

Removal of Facilities.

a.

All materials associated with the outdoor dining facility on public property, including but not limited to tables, chairs, umbrellas, and partitions, shall be removed each day at the close of business and not reestablished until the opening of business the following day;

b.

The applicant shall immediately remove all materials on public property associated with the outdoor dining facility at the City's request to allow the City to perform maintenance, repair, replacement, and installation of new public facilities and private utilities.

6.

Setback from Alley, Driveway, or Street. When an outdoor dining area is located directly adjacent to an alley, driveway or street, a five-foot setback shall be maintained from the alley, driveway or street. This setback may be reduced to zero feet by the approving authority in circumstances where the public safety may be maintained to the satisfaction of the City.

7.

Setback, Street Corner. At street intersections, the triangular area formed by measuring 25 feet along the property line of each frontage from the intersection of the property lines at the comer shall remain free of outdoor dining facilities on public property. This setback may be reduced to ten feet by the approving authority in circumstances where the public safety may be maintained to the satisfaction of the City, particularly the City Traffic Engineer.

Figure 17.28.205A

Street Corner Setbacks for Outdoor Dining Areas on Public Property

==> picture [260 x 177] intentionally omitted <==

8.

Sidewalk Width. A minimum public sidewalk width of five feet shall be maintained. (Umbrellas and similar objects which comply with Subsection (D)(1) may protrude into this minimum sidewalk width.) The minimum sidewalk width may be reduced to four feet by the review authority in circumstances where the public safety may be maintained to the satisfaction of the City. When the sidewalk width is reduced to four feet by the decision-making body, it shall be explicitly noted in the minutes which are forwarded to the City Council for approval.

9.

Termination of Permit. The public right-of-way shall be left free of debris, litter, or any other evidence of the outdoor dining facility upon termination or removal of the use, and shall thereafter be used pursuant to the provisions of this code.

F.

Required Findings. .....Prior to the approval of outdoor dining areas, the review authority shall make the following findings:

1.

The outdoor dining area contributes to the village/pedestrian ambiance of the City, consistent with the City's General Plan;

2.

The outdoor dining area complies with the standards of this section;

3.

Any negative visual, noise, traffic, accessibility, and parking impacts associated with the outdoor dining area have been reduced to an acceptable level, as determined by the City;

For outdoor dining areas on public property, the following findings shall also be made:

a.

The sidewalk's public use, including pedestrian, transit and business services needs, not limited to loading zones, bus stops, public phones, and benches, is not restricted by the facility;

b.

Pedestrian traffic volumes and accessibility are not inhibited by the facility;

c.

Street trees, utilities, fire equipment and similar items are not adversely impacted by the facility; and

d.

Public parking is not adversely impacted.

(Ord. 1314 §§ 19—23, 2006; Ord. 1190 § 9, 1997; Ord. 1182 § 10, 1997)

(Ord. No. 1561, § 3(Exh. A, § 13), 11-27-2012; Ord. No. 1594, § 3(Exh. A, § 28), 5-5-2015; Ord. No. 1759, § 3(Exh. A), 10-3-2023)

17.28.206 - Temporary Parklet Dining.

A.

Purpose and Intent. .....The temporary parklet regulations and design standards are established under State enabling legislation (AB 1217), which allow local agencies to adopt a program to support local business recovery from the impacts of the coronavirus pandemic by providing relief from parking restrictions to accommodate outdoor dining.

B.

.....This Section models the State's intent to allow for a streamlined process to expand temporary outdoor dining areas. This program is temporary, with a termination date of July 1, 2026. Requests for Permanent Outdoor Dining areas on either private or public property should refer to SCMC 17.28.205 - Outdoor Dining Areas.

C.

Applicability. .....This section shall apply to temporary outdoor facilities that are accessory to a food or beverage business licensed in the City of San Clemente. The facilities may be established:

a.

On the public right-of-way on streets with a speed limit of 25 mph or less; or

b.

On private property.

c.

Additionally, a business may apply for use of sidewalk space where the public path of travel is greater than ten feet in width under the exception process outlined in subsection D.

D.

Review Requirements. .....Requests for Parklet Permits that comply with this title and the approved Parklet Design Guidelines will be approved ministerially.

a.

General standards: These regulations apply to all temporary outdoor food and beverage spaces, both on public and private property:

i.

Hours of operation.

1.

Alcohol, food, or beverages shall not be served or allowed within the outdoor dining area:

a.

Before 7:00 a.m. and after 9:00 p.m. Sunday through Thursday; and

b.

Before 7:00 a.m. and after 10:00 p.m. Friday through Saturday and the day prior to a City Holiday.

2.

Outdoor Dining Areas shall comply with all State of California Department of Alcoholic Beverage Control license requirements, as applicable.

ii.

Use of space.

1.

Smoking or vaping shall not be permitted within the outdoor dining areas.

2.

Outdoor cooking and food preparation within the outdoor dining area is prohibited.

3.

Live entertainment, including but not limited to live music and performances, is not permitted within the outdoor dining area and must be requested separately via a Special Events Permit or Special Activities Permit.

iii.

Accessibility.

1.

A path of travel not less than five feet in width must be maintained free and clear adjacent to any outdoor dining area.

2.

An accessible path of travel shall connect the sidewalk to the accessible entry, deck surface, wheelchair turning space, and wheelchair resting space.

3.

A clear area of 60 inches in diameter located entirely within the outdoor dining area shall be provided for wheelchair turning, with a maximum overlap of 12 inches on the curb and sidewalk.

4.

At least one wheelchair accessible seating space shall be provided for every 20 seats, or portion thereof.

5.

Accessible Deck Surface:

a.

The accessible deck surface maximum cross slope (perpendicular to the sidewalk or curb) and the maximum running slope (parallel to the curb) shall not exceed two percent.

b.

The surface of the accessible route, clear floor spaces, and turning spaces shall be firm, stable, and slipresistant.

c.

Openings in floor or deck surfaces shall not allow the passage of a sphere more than half an inch in diameter. Elongated openings shall be placed so that the longer dimension is perpendicular to the dominant direction of travel.

iv.

Design Guidelines: Additional guidelines may be contained within the City's Parklet Design Guidelines, which the City may adjust from time to time.

v.

Exceptions: Exceptions to the standards listed herein shall require a review by the Design Review Subcommittee, which shall provide a recommendation to the Community Development Director or Deputy Director. The Community Development Director shall make a final determination, appealable to the Planning Commission per the City's standard Appeals process (See 17.12.140 - Appeals of an Action).

b.

Parklets in the Street (Public Right-of-Way):

i.

Allowed Locations: Parklets may only be located adjacent to eating and drinking establishments at the following locations:

1.

Within the curb lane on streets where on-street metered or unmetered parking spaces exist adjacent to the front of the eating and drinking establishment; and

2.

Behind the buffer zone as indicated within the Parklet Design Guidelines. Each business is responsible for its own costs associated with procurement and installation of the buffer zone and parklet materials.

3.

Parklets may occupy up to three angle-in parking spaces or up to two parallel parking spaces. No more than six consecutive spaces may be used for outdoor dining operations.

ii.

Prohibited locations: Parklets may not be located or placed at any of the following locations:

1.

Along a street segment with a speed limit greater than 25 miles per hour.

2.

Within ten feet away from any intersection, street corner, alley, or driveway. The Public Works Department may increase or decrease this distance based on a site specific review of line of sight conditions; and

3.

Within an existing bike lane or within a proposed bike lane project identified in any of the City's comprehensive bicycle plan(s) or adopted land use plan(s).

Within five feet of storm drain inlets or cleanouts.

5.

Over utility access panels, manhole covers, handholes, transformers, water meters, or water valves.

6.

Within five feet of a fire hydrant and/or any related emergency equipment.

7.

Within five feet of any natural gas or electric utility facility, including but not limited to any manholes, handholes or vaults, and any surface-level structures such as natural gas meters, monitors, pressure regulators, protection stations, poles, curbside electric meters, transformers, or green utility boxes.

iii.

Limitations:

1.

Parklets may occupy an on-street ADA parking space that is adjacent to the business's frontage; however, this request requires an applicant undergo the additional exceptions process, requiring review by the Design Review Subcommittee (DRSC) with input from the Public Works Director. The applicant shall be responsible for any costs associated with relocating accessible parking space, which shall be within 150 feet from the original space.

2.

The number of temporary parking waivers approved in the Downtown Parking Study area as part of the Limited Term Parking Relief Agreements shall not exceed 117, which is the number of unutilized parking waivers in the Downtown Parking Study Area as of February 16, 2022. (See SCMC 17.64.125.A.2).

a.

A maximum of 42 parking spaces may be used on Avenida Del Mar for the purpose of parklets.

3.

Parklets are limited to 24 seats per business.

iv.

Design Requirements for Parklets on public streets: Businesses should reference the City's Parklet Design Guidelines, which include (but are not limited to) the following standards:

1.

The width of the parklet shall not extend within four feet of the edge of the street travel lane.

2.

A parklet shall provide a setback of at least two feet from adjacent vehicle parking spaces.

3.

The deck of the parklet platform shall be flush with the sidewalk.

4.

Street deck/platforms should have a five inches by 18 inches minimum opening for curb drainage, unless approved otherwise by the City Engineer.

5.

Openings in floor or deck surfaces shall not allow the passage of a sphere more than half an inch in diameter.

6.

Bolting of fixtures, decks, and other surfaces into or onto the street, or otherwise penetrating into the surface of the road, shall not be permitted.

7.

A 42 inch high railing shall be placed at the edge of the parklet to serve as a barrier from vehicular traffic.

8.

No object, structure, or fixture shall stand or be placed more than 42 inches above the floor of the parklet, except for umbrellas and standing heaters, which may be up to eight feet in height. The business is responsible for securing umbrellas and heaters from wind.

9.

Umbrellas with an overhang of a minimum of 84 inches from the finished grade of the deck and/or sidewalk may be used in conjunction with a parklet, but no other covering, awning, roof, or shelter is permitted over the parklet. The canopy of the umbrella shall be contained within the parklet and shall not protrude into the sidewalk, adjacent parking spaces, adjacent parklets, or the travel or bike lane.

10.

Solar powered lights shall be permitted within the parklet, but electrical lighting elements that contain wires that cross the clear path of travel shall not be permitted.

11.

Signs: Only blade, menu, or stanchion signs are permitted within or around the parklet. Each business may only have four square feet of such signage, where only one side of a double-faced sign is counted toward this limit. Signs shall not exceed seven feet in height and shall not overhang the public sidewalk, adjacent parking spaces, adjacent parklets, or the travel or bike lane.

a.

A business that shares the frontage area of an adjacent business (which itself does not have its own parklet area) shall also pay for and produce a four square-foot blade sign with the name of the neighboring business using that business's trademark or logo if applicable. The neighboring business may waive this requirement in writing to the City if they do not desire the additional signage.

b.

Signs shall be specifically identified and requested within the Parklet application and shall not require a separate Administrative Sign Permit.

c.

Parklets on Private Property:

i.

Allowed Locations: Parklets may be permitted in any Zone as an accessory use of any food or beverage business with an active San Clemente Business License.

1.

Private Parklets may be established on private property in areas that do not obstruct required paths of travel and do not remove more than three parking spaces attributed to the business.

2.

The locations on private property should be within parking stalls, unless approved otherwise by the City Engineer or City Planner.

ii.

Prohibited locations: Parklets may not be located or placed at any of the following locations:

a.

ADA parking stalls.

b.

Within five feet of a fire hydrant and/or any emergency equipment.

c.

Within five feet of any natural gas or electric utility facility, including the perimeter of any manholes, handholes or vaults, and any surface-level structures such as natural gas meters, monitors, pressure regulators, protection stations, poles, curbside electric meters, transformers, or green utility boxes.

iii.

Design Requirements for Parklets on private property: Businesses should reference the City's Parklet Design Guidelines, which include (but are not limited to) the following standards:

a.

Private parklets are encouraged, but not required, to construct wooden platforms or decks under 30 inches in height and flush with the nearest path of travel.

b.

A parklet shall provide a setback of at least two feet from adjacent vehicle parking spaces.

c.

A backup distance of 20 feet must be maintained between the parklet edge and nearby parking stalls.

d.

Private parklets are encouraged to use market umbrellas for shade, but may use a single large tent (if approved by OCFA). They may not use ten-foot square pop up tents.

e.

A 42 inch high railing shall be placed at the edge of the parklet to serve as a barrier from vehicular traffic within parking lots.

f.

Parklets are limited to 24 seats per business.

d.

Limited Term Parking Relief Agreement Requirements:

i.

Prior to installation of any furniture or improvements and prior to operation of a parklet, an applicant shall obtain a Limited Term Parking Relief Agreement.

a.

Requests for approval of Limited Term Parking Relief Agreements that comply with the standards set forth in 17.28.206 and the City's Parklet Design Guidelines shall be reviewed administratively and approved by the City Manager or his or her designee.

b.

Agreements shall specify a fee, as set by the City Council, for the use of and operation of the parklet;

c.

Agreements shall require Insurance coverage, including Commercial General Liability, personal injury, and property damage liability, with minimum combined liability limits of $1,000,000.00 per occurrence.

ii.

Additional standards for parklets in the street / public right-of-way:

a.

Prior to installation of any furniture or improvements, a Limited Term Parking Relief Agreement must be executed between the City and the applicant.

b.

Parklets shall follow standard dimensions and plans as indicated within the Parklet Design Guidelines. Deviations from the standard approved construction templates shall require review by the Design Review Subcommittee.

c.

During hours of non-operation, tables shall be removed, but all chairs shall remain in a secured fashion that allows public access to the space outside of restaurant operating hours.

d.

Limited Term Parking Relief Agreements may indicate certain dates or events during which the restaurant shall agree to public or non-profit use of the parklet space.

iii.

Parklets shall be removed at the business operator's expense within 30 days of the end of the Parklet Program, which expires July 1, 2026.

(Ord. No. 1727, § 4, 2022; Ord. No. 1772, § 4(Exh. A), 2-6-2024)

Editor's note— Ord. No. 1594, § 3(Exh. A, § 29), adopted May 5, 2015 repealed § 17.28.206, which pertained to Outdoor dining areas on public property, permanent and accessory and derived from Ord. 1308 § 11, adopted in 2006; Ord. 1182 § 11, adopted in 1997; and Ord. No. 1561, § 3(Exh. A, §§ 14—16), adopted Nov. 27 2012.

A.

Purpose and Intent. .....It is the intent of this title to require that all businesses be conducted completely within an enclosed building. In recognition that certain types of uses require outdoor display, however, the purpose of this section is to allow accessory outdoor display for uses which functionally require outdoor display and mitigate potential visual impacts, parking impacts, traffic congestion, and noise impacts. This section also aims to integrate such activities into the appropriate zones with the least impact to the surrounding community.

This section applies to outdoor display on private property. For temporary outdoor display on private property, please refer to Section 17.28.300, Temporary Uses and Structures, in this chapter. For special events on public property, please see City Beaches, Parks and Recreation Department.

B.

Review Requirements. .....Accessory outdoor display areas require the approval of a minor Conditional Use Permit, in accordance with Section 17.16.070, Minor Conditional Use Permits, of this title, and subject to the concurrent review and appeal procedures defined in Section 17.12.090, Consideration of Concurrent Applications, and Section 17.12.140, Appeals of an Action, of this title. Exceptions: Vehicle dealerships which include outdoor display shall be subject to the requirements and review procedures found in Section 17.28.310, Vehicle Dealerships, of this title.

C.

Minimum Standards. .....The following restrictions shall apply to the outdoor display of goods and materials in nonresidential and mixed-use zones, where allowed:

1.

Encroachment into Public Right-of-Way and/or Parking. No outdoor display shall occupy any part of a required parking area, or encroach upon public right-of-way.

2.

Height. No outdoor display shall exceed the height limit of the zone.

3.

Location. Only goods and materials associated with pre-existing, indoor primary uses may be displayed. Outdoor accessory display areas are allowed, when all of the following criteria apply:

a.

The use engaged in the outdoor display and the outdoor display itself are located in a nonresidential or mixed-use zone.

b.

The use engaging in the outdoor display is permitted or conditionally permitted in the zone in which it is located, as listed in the Permitted and Conditionally Permitted Use Tables in Chapters 17.36, Commercial Zones and Standards, through 17.48, Public Zones and Standards, of this title.

c.

The primary use on the property and the goods displayed, as determined by the City, are as follows:

Table 17.28.210

Primary Uses with Outdoor Display

4.

Parking. No outdoor display shall occupy any part of a required parking area. Areas used for outdoor

display and sales shall be calculated in determining the parking requirements for the primary use. Exception: Auto dealerships and rental facilities with 10 or fewer cars for sale/no repair are exempt from these requirements, as detailed in Section 17.28.310, Vehicle Dealerships.

5.

Visibility. Outdoor display shall not create any sight distance problems to or from the appropriate streets, as determined by the City Traffic Engineer.

D.

Required Findings. .....Prior to the approval of a minor Conditional Use Permit for outdoor display, all of the following findings shall be made in addition to the general findings required for the approval of a minor Conditional Use Permit:

1.

The nature of the use requires the outdoor display of goods associated with the use;

2.

The outdoor display area complies with the standards of this section; and

3.

The negative visual, noise, traffic and parking impacts associated with the outdoor display area have been reduced to an acceptable level, as determined by the City.

(Ord. 1182 § 12, 1997: Ord. 1172 § 3 (part), 1996)

17.28.220 - Parking Lots.

A.

Purpose and Intent. .....The purpose of these standards is to address the visual, noise, and compatibility problems associated with sites which serve primarily as parking lots for other/adjacent sites, including parking lots in residential zones which serve nonresidential uses.

B.

Review Requirements. .....Please refer to the permitted and conditional use tables in Chapters 17.32, Residential Zones and Standards through 17.48, Public Zones and Standards, of this title.

C.

Minimum Standards for Parking Lots in Residential Zones.

1.

Purpose and Intent. It is appropriate in certain circumstances for the City to allow parking lots which serve adjacent nonresidential uses to be located in residential zones. The purpose of this subsection is to list the circumstances under which such a parking lot might be appropriate, the appropriate review process for such a request, and standards which reduce the impacts associated with such facilities upon adjacent residential development.

2.

Landscaping. The parking lot shall be subject to both the site landscaping requirements found in Chapter 17.68, Landscape Standards, and landscaping requirements for parking areas found in Section 17.64.060(C), Design Standards for Off-Street Parking Facilities, Landscaping, of this title. The parking lot shall comply with the landscaping standards for the nonresidential zone the lot is serving.

3.

Location. Please refer to the permitted and conditional use tables in Chapter 17.32, Residential Zones and Standards, of this title. The parking lot shall abut the property on which the nonresidential establishment the parking lot is serving is located or shall be separated only by a public alley.

4.

Screening. Parking lots designed for five or more vehicles shall be separated from adjacent residential properties by a six-foot wall, or view-obscuring fence, measured from the finished grade of the residential property. In no case shall the wall be less than five feet tall as measured from the finished grade of the nonresidential property. The wall shall be screened with landscaping, to minimize its visual impact upon the neighborhood.

5.

Setbacks. Parking spaces shall meet the setback standards for primary structures for the residential zone in which the parking lot is located.

6.

Signs. No signs of any kind, other than ones designating entrances, exits or conditions of use, shall be maintained on such parking lots. Any such sign as Stated above shall not exceed eight square feet in area.

7.

Type of Parking Lot. Parking lots in residential zones shall be limited to public or no-fee private parking lots for automobiles.

8.

Use of the Parking Lot, Limitations. The parking lot serving a nonresidential establishment shall be an accessory use to a permitted nonresidential establishment. The parking lot shall be restricted to the use of persons patronizing the nonresidential use it serves, as long as the use for which the parking is required continues. While a parking lot, the use of the site shall be limited to solely parking.

D.

Minimum Standards for Parking Lots in Nonresidential and Mixed-Use Zones.

1.

Landscaping. The parking lot shall be subject to both the site landscaping requirements found in Chapter 17.68, Landscape Standards, and the landscaping requirements for parking areas found in Section 17.64.060(C), Design Standards for Off-Street Parking Facilities, Landscaping, of this title. The parking lot shall comply with the landscaping standards for the zone in which it is located.

2.

Location. Please refer to the permitted and conditional use tables in Chapters 17.36, Commercial Zones and Standards through 17.48, Public Zones and Standards, of this title.

3.

Screening. Parking lots designed for five or more vehicles and located adjacent to residentially zoned property shall be separated from adjacent residential properties by a six-foot wall, or view-obscuring fence, measured from the finished grade of the residential property. In no case shall the wall be less than five feet tall as measured from the finished grade of the nonresidential property. The wall shall be screened with landscaping to minimize visual impact upon the neighborhood.

4.

Setbacks. No parking shall be allowed in the setback areas on the lot, as required for the zone in which the lot is located.

E.

Required Findings. .....Prior to approval of the parking lot, all of the following findings shall be made along with the general findings required for the Discretionary Permit required for the parking lot.

1.

Parking Lots in Residential Zones. The parking lot shall be used solely for the parking of private passenger vehicles.

2.

Parking Lots in All Zones.

a.

Any adjoining residential property will not be adversely affected by the granting of the permit.

b.

The parking lot complies with the standards of this section.

(Ord. 1172 § 3 (part), 1996)

17.28.230 - Public Park Facilities.

A.

Purpose and Intent. .....The purpose of this section is to describe the architectural review procedures for public park facilities. For specific details regarding the review of parks and recreational facilities, please refer to the interim policy for the review of recreational facilities and streetscapes, until such time as this policy has been incorporated into the City's Parks and Recreation Master Plan.

B.

Review Requirements.

1.

Buildings. The development of new park facility buildings or additions to existing buildings require architectural review with the approval of a Development Permit (Section 17.16.100), or Cultural Heritage Permit (17.16.110) for historic resources and landmarks on the City's designated historic resources and landmarks list, such as the Municipal Golf Course. The Review Authority considers architectural and aesthetic impacts of proposals.

2.

Other Facilities. The development or addition of sports courts, landscaping, benches, trails and other recreational facilities which do not include the development of buildings shall be exempt from the discretionary review requirements of the Zoning Ordinance.

(Ord. 1172 § 3 (part), 1996)

(Ord. No. 1759, § 3(Exh. A), 10-3-2023)

A.

Purpose and Intent. .....The purpose of this section is to ensure that public utility facilities, such as substations or reservoirs, and antennas (other than satellite antennas and antennas on City property, which are regulated elsewhere) are located and built in a manner which is compatible with adjacent uses. An additional purpose of this section is to define the review process for public utilities initiated by the City and those initiated by outside agencies. Please refer to Section 17.28.070, Antennas on City Property, and Section 17.28.080, Satellite Antennas, for regulations for other types of antennas.

B.

Review Requirements.

1.

City Projects. For the required review process for City-initiated public utility projects, please refer to the City's Public Works Department policy on the review of capital improvement projects.

2.

Projects Initiated by Outside Agencies/Applicants.

a.

Major utilities shall require the approval of a Conditional Use Permit, in accordance with Section 17.16.060, Conditional Use Permits. Major utilities shall include, but shall not be limited to, reservoirs, utility substations, including electrical distribution and transmission substations, and above-ground pump stations, such as sewage and potable water system pump stations, antennas (other than satellite antennas, antennas on City property, and small cell facilities) and similar facilities. If the installation of the antenna is stealth, as determined by the City Planner, then the process is administrative and no Conditional Use Permit is required. The standards in Subsection (C)(1), Minimum Standards for Projects Initiated by Outside Agencies, Major Utilities, shall apply to major utilities initiated by outside agencies. The City Engineer shall be responsible for determining whether a utility is major.

b.

Minor utilities shall be permitted outright, subject to the concurrent review requirements found in Section 17.12.090, Consideration of Concurrent Applications. Minor utilities shall include, but shall not be limited to, below-ground pump stations, stand pipes, and transformers. The standards in Subsection (C)(2), Minimum Standards for Projects Initiated by Outside Agencies, Minor Utilities, shall apply to minor utilities initiated by outside agencies. The City Engineer shall be responsible for determining whether a utility is minor.

c.

Public utility distribution and transmission line towers and poles, and underground facilities for distribution of gas, water, telephone and electricity shall be allowed in all zones without obtaining a Conditional Use Permit. However, all routes and heights of proposed electric transmission systems of 69 KV and over, telephone main trunk cables, from one central office to another and water or gas transmission mains which are above ground, shall be located in conformance with the General Plan of the City.

d.

Small cell facilities shall require the approval of a Wireless Permit in accordance with Section 17.16.075.

3.

Modifications to Existing Antenna Facilities. The City Planner shall review and decide on requests to modify existing wireless towers or base station structures that support antennas, transceivers, or other related equipment. This includes the addition and removal of wireless transmission equipment such as the colocation of new transmission equipment, the removal of transmission equipment, or the replacement of transmission equipment. Modifications shall not substantially change the physical dimensions of the wireless tower or base station, as defined by the Federal Communications Commission. The City Planner may approve projects that meet minimum standards in Section 17.28.070(D)(5).

C.

Minimum Standards for Projects initiated by Outside Agencies.

1.

Major Utilities.

a.

Compatibility. All buildings, structures and landscaping shall be visually compatible with surrounding development.

b.

Development Standards. The standards for major utilities shall be determined through the Conditional Use Permit process.

c.

Location. Please refer to the permitted and conditional use tables in Chapters 17.32, Residential Zones and Standards through 17.48, Public Zones and Standards.

2.

Minor Utilities.

a.

Compatibility. All minor utilities shall be placed underground or shall be screened in accordance with Section 17.24.050, Building Equipment and Services and Their Screening.

b.

Development Standards. Minor utilities shall comply with the standards for ground-mounted equipment in Section 17.24.050, Building Equipment and Services and Their Screening.

c.

Location. Please refer to the permitted and conditional use tables in Chapters 17.32, Residential Zones and Standards through 17.48, Public Zones and Standards.

d.

Parking. The parking requirements for a public utility use such as an electric distribution and transmission substation, public utility service yard or similar use may be waived or modified, subject to the approval of a Conditional Use Permit in accordance with Section 17.16.060, Conditional Use Permits, upon a finding that the use requires no full-time or permanent employees.

3.

Modifications of Existing Wireless Towers or Base Station Structures. Refer to Section 17.28.070(D)(5) for minimum standards that apply to modifications of existing wireless towers or base station structures.

4.

Small Cell Facilities.

a.

Design and Development Standards. The design and development standards, which contain aesthetic and location criteria for small cell facilities shall be adopted by Resolution of the City Council.

(Ord. 1304 § 21, 2005; Ord. 1172 § 3 (part), 1996)

(Ord. No. 1594, § 3(Exh. A, § 30), 5-5-2015; Ord. No. 1690, § 3(Exh. A), 2-18-2020)

17.28.250 - Recycling Facilities.

A.

Purpose and Intent. .....The purpose of this section is to mitigate the potential safety, aesthetic, and general impacts of recycling facilities and to integrate such facilities into appropriate areas with the least impact to the surrounding community. This section is also meant to provide for the establishment of recycling facilities, as the disposal of recyclable material creates great waste and unnecessarily depletes our limited supply of natural resources. The City desires to encourage the recycling of reusable material.

B.

Review Requirements.

1.

General Review Requirements. Please refer to the use tables in Chapters 17.36, Commercial Zones and Standards, through 17.48, Public Zones and Standards, of this title.

2.

Single Application for More than One Site. A single application may be filed for more than one reverse vending machine or small collection facility located on different sites under the following conditions:

a.

The operator of each of the proposed facilities is the same;

b.

The proposed facilities are determined by the Planning Division to be similar in nature, size and intensity of activity; and

c.

All of the applicable criteria and standards set forth in the following subsections are met for each such proposed facility.

C.

Minimum Standards for All Recycling Facilities. .....Recycling facilities permitted by right shall meet all of the applicable criteria and standards listed in this subsection. Those recycling facilities permitted through discretionary review shall meet the applicable criteria and standards, provided that the decision-making authority responsible for issuing the permit may relax the standards or impose stricter standards as provided for in Subsection (H), Required Finding for Relaxed or Stricter Standards, of this section, as an exercise of discretion upon a finding that such modifications are reasonably necessary in order to implement the general intent of this section and this title.

D.

Minimum Standards for Reverse Vending Machines.

1.

Construction. Reverse vending machines shall be constructed and maintained with durable waterproof and rustproof material.

2.

Floor Area. Reverse vending machines shall be limited to an area of no more than 50 square feet.

3.

Height. Reverse vending machines shall not be more than eight feet in height.

4.

Hours. Reverse vending machines shall be usable at least as long as the operating hours of the primary use.

5.

Identification. Reverse vending machines shall be clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperative.

6.

Lighting. Reverse vending machines shall be illuminated to ensure comfortable and safe operation.

7.

Location.

a.

Please refer to the permitted and conditional use tables in Chapters 17.36, Commercial Zones and Standards, through 17.48, Public Zones and Standards, of this title.

b.

Reverse vending machines shall be located within 30 feet of the entrance to the primary use and not obstruct pedestrian or vehicular circulation or be located in public right-of-way when an Encroachment Permit is obtained, in accordance with Chapter 12.20, Encroachment Permits, of this code.

8.

Maintenance. Reverse vending machines shall be maintained in a clean, attractive, and litter-free condition on a regular basis.

9.

Parking. Reverse vending machines shall not occupy parking spaces required by the primary use nor shall the machines require additional parking spaces.

10.

Signs. Reverse vending machines shall have a sign area of a maximum of four square feet per machine, exclusive of operating instructions.

11.

Use. Reverse vending machines shall be established in conjunction with a primary use which is in compliance with zoning and other regulations for the area.

E.

Minimum Standards for Small Collection Facilities and Mobile Recycling Units.

1.

Equipment. Small collection facilities and mobile recycling units shall use no power driven equipment other than that required to operate reverse vending machines.

2.

Expiration of Permit. If the permit expires without renewal, the facility shall be removed from the site on the day following permit expiration.

3.

Floor Area. Small collection facilities and mobile recycling units shall occupy less than 500 square feet of floor area.

4.

Hours. Operating hours shall be subject to the review and approval of the Planning Division or, in the case of Discretionary Permits, the required decision-making authority. Attended facilities located within 100 feet of a property zoned or occupied for residential use shall operate only during the hours between 9:00 a.m. and 7:00 p.m.

5.

Identification. Containers shall be clearly marked to identify the type of material which may be deposited; the facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation, and display a notice stating that no material shall be left outside the recycling enclosure or containers.

6.

Landscaping. These facilities shall not impair or reduce the landscaping required by local ordinance for any concurrent use by this title or any permit issued pursuant thereto.

7.

Location. Please refer to the permitted and conditional use tables in Chapter 17.36, Commercial Zones and Standards, through 17.48, Public Zones and Standards, of this title.

8.

Maintenance. These facilities shall be constructed and maintained with durable waterproof and material, covered when the site is not attended, secured form unauthorized entry of a capacity sufficient to accommodate materials collected. The facilities shall be maintained in a clean, attractive, and litter-free condition on a regular basis.

9.

Materials. Small collection facilities and mobile recycling units shall accept only glass, metals, plastic containers, and paper. Other items shall be accepted upon approval of the local public health official.

10.

Noise. The facility shall not exceed noise levels of 60 DBA as measured at the property line of residentially zoned or occupied property, otherwise shall not exceed 70 DBA.

11.

Occupation of Parking Spaces. The facilities shall occupy no more than three of the parking spaces required for the primary use, not including spaces required for the periodic removal of containers or materials. The facilities shall not obstruct pedestrian or vehicular circulation.

12.

Parking.

a.

No additional parking spaces will be required for customers of a Small Collection Facility located at the established parking lot of a host use. One space will be provided for the attendant, if needed.

b.

Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present.

c.

Occupation of parking spaces by the facility and by the attendant may not reduce available parking spaces below the minimum number required for the primary host use unless all of the following conditions exist:

i.

The facility is located in a convenience zone or a potential convenience zone as designated by the California Department of Conservation;

ii.

A parking study shows that existing parking capacity is not already fully utilized during the time the recycling facility will be on the site;

iii.

The permit will be reconsidered at the end of 18 months.

d.

A reduction in available parking spaces in an established parking facility may then be allowed as follows:

i.

For a commercial host use:

ii.

For a community facility host use:

A maximum of five space reduction will be allowed when not in conflict with the parking needs of the host use.

13.

Setbacks.

a.

Containers. Containers for the 24-hour donation of materials shall be at least 30 feet from any property zoned or occupied for residential use unless there is a recognized service corridor and acoustical shielding between the containers and the residential use.

b.

Facility. The facility shall be set back at least 10 feet from any street line and shall not obstruct pedestrian or vehicular circulation.

14.

Signs. Signs may be provided as follows:

a.

Small Collection Facilities may have identification signs with a maximum of 16 square feet, in addition to information signs required in Subsection (E)(5), Identification, of this section;

b.

Signs must be consistent with the character of the location;

c.

Directional signs, bearing no advertising message, may be installed with the approval of the Planning Division, if necessary to facilitate traffic circulation, or if the facility is not visible from the public right-ofway;

d.

Zoning Administrator review will be required for all signage which meets the standard review parameters.

15.

Storage. The facility shall store all recyclable material in containers or in the mobile unit vehicle, and shall not leave materials outside of containers when attendant is not present.

F.

Minimum Standards for Large Collection Facilities.

1.

Distance. A large collection recycling facility shall maintain a 300-foot distance from property zoned for residential use.

2.

Floor Area. Large collection recycling facilities shall cover more than 500 square feet of floor area or be established independently of an existing commercial use.

3.

Hours of Operation. If the facility is located within 500 feet of property zoned, planned or occupied for residential use, it shall not be in operation between 7:00 p.m. and 7:00 a.m.

Operating hours shall be determined by the City through the required permitting process.

4.

Identification. The facility shall be clearly marked with the name and phone number of the facility operator and the hours of operation; identification and informational signs will meet the standards of the zone; and directional signs, bearing no advertising message, may be installed with the approval of the Planning Division, if necessary, to facilitate traffic circulation or if the facility is not visible from the public right-of-way.

5.

Litter. Site shall be maintained free of litter any other undesirable materials, and will be cleaned of loose debris on a daily basis.

6.

Location.

a.

Please refer to the permitted and conditional use tables in Chapters 17.36, Commercial Zones and Standards, through 17.48, Public Zones and Standards, of this title.

b.

The facility shall not abut a property zoned or planned for residential use.

Maintenance.

a.

Facility. The facility shall be maintained in a clean, attractive, and litter-free condition on a regular basis. Covers and secure containers shall be provided for exterior storage of material.

b.

Noticing. The facility shall display a notice stating that no material shall be left outside the recycling containers.

8.

Noise. Noise levels shall not exceed 60 DBA as measured at the property line of residentially zoned property, or otherwise shall not exceed 70 DBA.

9.

Parking.

a.

Space will be provided on site for six vehicles or the anticipated peak customer load, whichever is higher, to circulate and to deposit recyclable materials, except where the Planning Division determines that allowing over-flow traffic above six vehicles is compatible with surrounding businesses and public safety;

b.

One parking space will be provided for each commercial vehicle operated by the recycling facility. Parking requirements will be as provided for in the zone, except that parking requirements for employees may be reduced when it can be shown that parking spaces are not necessary such as when employees are transported in a company vehicle to a work facility.

10.

Processing. Power-driven processing, including aluminum foil and can compacting, baling, plastic shredding, or other light processing activities necessary for efficient temporary storage and shipment of material, may be approved through a use permit process or at the discretion of the Planning Division if noise standards and other conditions are met.

11.

Screening. The facility will be screened from the public right-of-way by operating in an enclosed building or:

a.

Within an area enclosed by an opaque fence at least six feet in height with landscaping;

b.

At least 150 feet from property zoned or planned for residential use; and

c.

Meets all applicable noise standards in this title.

12.

Setback.

a.

Containers. Any containers provided for after-hours donation of recyclable materials will be at least 50 feet from any property zoned or occupied for residential use.

b.

Facility. Setbacks requirements shall be those provided for by the zoning district in which the facility is located.

13.

Storage. All exterior storage of material shall be in sturdy containers which are covered, secured, and maintained in good condition. All processed materials shall be baled and pelletized. Storage containers for flammable material shall be constructed of nonflammable material. Oil storage must be in containers approved by the Orange County Fire Authority. No storage, excluding truck trailers and overseas containers, will be visible above the height of the fencing. Storage shall have sufficient capacity to accommodate materials collected, and shall be secure from unauthorized entry or removal of materials.

14.

Other Requirements. Large recycling facilities shall comply with the NPDES Storm Water Permit Program. For further information on NPDES requirements, refer to the NPDES Ordinance, available from the City's Engineering Division.

G.

Minimum Standards for Processing Facilities.

1.

Hours of Operation.

a.

If the facility is located within 500 feet of property zoned or planned for residential use, it shall not be in operation between 7:00 p.m. and 7:00 a.m. The facility will be administered by on-site personnel during the hours the facility is open.

b.

Operating hours shall be determined by the City through the required permitting process.

2.

Location.

a.

Please refer to the permitted and conditional use tables in Chapters 17.36, Commercial Zones and Standards, through 17.48, Public Zones and Standards, of this title.

b.

The facility shall not abut a property zoned or planned for residential use.

3.

Maintenance.

a.

Facility. Site shall be maintained free of litter and any other undesirable materials, and will be cleaned of loose debris on a daily basis and will be secured from unauthorized entry and removal of materials when attendants are not present.

b.

Noticing. The facility shall display a notice stating that no material shall be left outside the recycling containers.

4.

Material Shipments. A light processing facility shall have no more than an average of two outbound truck shipments of material per weekday and may not shred, compact or ball ferrous metals other than food and beverage containers.

5.

Motor Oil. A processing facility may accept used motor oil for recycling in accordance with Section 25250.11 of the California Health and Safety Code.

6.

Parking.

a.

Space shall be provided on site for the anticipated peak load of customers to circulate, park and deposit recyclable materials. If the facility is open to the public, space will be provided for a minimum of 10

customers or the park load, whichever is higher, except where the Planning Division determines that allowing overflow traffic is compatible with surround businesses and public safety.

b.

One parking space will be provided for each commercial vehicle operated by the processing center. Parking requirements will otherwise be as mandated by the zone in which the facility is located.

7.

Processing. Power-driven processing shall be permitted, provided all noise level requirements are met. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of source-separated recyclable materials and repairing of reusable materials.

8.

Setbacks.

a.

Containers. Any containers provided for after-hours donation of recyclable materials will be at least 50 feet from any property zoned or occupied for residential use.

b.

Facility. Setbacks requirements shall be those provided for by the zoning district in which the facility is located.

9.

Setting. In a heavy commercial or light industrial zone, processors will operate in a wholly enclosed building except for incidental storage, or:

a.

Within an area enclosed on all sides by an opaque fence or wall not less than eight feet in height and landscaped on all street frontages;

b.

Located at least 150 feet from property zoned or planned for residential use.

10.

Sign. Sign requirements shall be those provided for the zoning district in which the facility is located. In addition, facility will be clearly marked with the name and phone number of the facility operator and the hours of operation.

11.

Size. A light processing facility shall be no larger than 45,000 square feet.

12.

Storage. All exterior storage of material shall be in sturdy containers or enclosures which are covered, secured and maintained in good condition. All processed materials shall be baled and pelletized. Storage containers for flammable material shall be constructed of nonflammable material. Oil storage must be in containers approved by the Orange County Fire Authority. No storage, excluding truck trailers and overseas containers, will be visible above the height of the fencing. Storage shall have sufficient capacity to accommodate materials collected; and shall be secure from unauthorized entry or removal of materials.

13.

Other Requirements.

a.

No dust, fumes, smoke, vibration or odor above ambient level may be detectable on neighboring properties.

b.

Other Requirements. Processing facilities shall comply with the NPDES Storm Water Permit Program. For further information on NPDES requirements, refer to the NPDES Ordinance, available from the City's Engineering Division.

H.

Required Findings for Relaxed or Stricter Standards. .....The decision-making authority responsible for issuing the Discretionary Permit for recycling facilities may relax the standards or impose stricter standards than those in the above section upon a finding that such modifications are reasonably necessary in order to implement the general intent of this section and the Zoning Ordinance.

(Ord. 1314 § 23, 2006; Ord. 1172 § 3 (part), 1996)