Chapter 17.56 — OVERLAY DISTRICTS AND STANDARDS

The General Plan establishes a number of overlay designations for the City. These designations are to be used along with underlying land-use designations, such as residential, commercial, mixed-use, and openspace designations, also established in the General Plan. Overlay districts signify that an area or site has been identified to have distinct characteristics, requiring special development standards or guidelines beyond those for the underlying zoning designation. The General Plan details the goals, objectives and policies for areas with the overlay designations, which are meant to be used along with the goals, objectives and policies for the underlying zoning designation for an area. It is the purpose of this chapter to implement the General Plan's vision for the overlay districts through development regulations and guidelines specific to each overlay. The goals for each of the overlay districts is provided with a description of the district, in the following section.

(Ord. 1172 § 3 (part), 1996)

A.

Purpose and Intent. .....The purpose and intent of the Architectural ["-A"] Overlay designation is to signify a visually distinct district in San Clemente, containing structures characterized by two significant design orientations: 1) the City's traditional architectural style, Spanish Colonial Revival, and 2) a pedestrian orientation. The goals for areas with this designation are as follows to:

1.

Maintain and enhance the unique "Spanish-Village-by-the-Sea" character of specific areas of the City;

2.

Maintain a high quality of design consistent with the City's history, according to the General Plan Urban Design Element and City's Design Guidelines;

3.

Require new buildings and major remodels be designed to reflect the City's Spanish Colonial Revival, except for:

a.

Projects on properties along North El Camino Real between West Avenida Palizada and Calle Los Bolas, and on South El Camino Real between Avenida Rosa and Interstate-5 that may have Spanish Colonial Revival architecture or a true form of another Spanish architectural style, such as Mission, Monterey, or Mediterranean.

b.

Remodels of architecture of historically significant buildings with distinctive architecture other than Spanish Colonial Revival. These remodel projects are required to preserve and reinforce the character defining features and other aspects of the site and building's design that are architecturally significant and distinct.

4.

When Spanish Colonial Revival architecture is required, the goal of the [A] Overlay is to require site and structural development that exemplifies the Ole Hanson era, and, at the same time, allow creative interpretation of Spanish Colonial Revival architecture. If this section requires architecture other than Spanish Colonial Revival, the goal of the [A] Overlay is to require site and structural development ;that is consistent with the City's Design Guidelines and in character with the architectural style required by the [A] Overlay.

5.

Provide for the development of commercial and mixed-use (integrating commercial with residential) districts characterized by a high level of pedestrian activity;

6.

Require that structures be sited and designed to enhance pedestrian activity along sidewalks.

B.

Applicability. .....The provisions in this section apply to development within the - A Overlay.

C.

Permitted and Conditionally Permitted Uses. .....Permitted and conditional uses within the -AA Overlay are the same uses as those allowed within the underlying base zones. 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.

Development Review. .....Development within the Architectural Overlay may require approvals specified in Chapter 17.16, such as an 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.

E.

Architectural Review Criteria. .....The purpose of architectural review shall vary, according to the following criteria:

1.

Required Architecture.

a.

Spanish Colonial Revival. Ole Hanson-era Spanish Colonial Revival architecture is required except when subsections b and c apply, below. When Spanish Colonial Revival architecture is required, site and structural developments are to exemplify the Ole Hanson era, and, at the same time, allow creative interpretation of Spanish Colonial Revival architecture;

b.

Spanish Colonial Revival or Other Spanish Architecture. Spanish Colonial Revival architecture or other Spanish architectural styles shall be utilized, such as Monterey, Mediterranean, or Mission, etc., on properties along North El Camino Real between West Avenida Palizada and Calle Los Bolas, and on South El Camino Real between Avenida Rosa and Interstate-5. For properties in the West Pico Corridor Specific Plan, that take access from Los Obreros Lane, Spanish Architecture is required for any whole-site development proposal, and for major remodels of buildings and improvements fronting North El Camino Real. Otherwise, projects may use existing architecture.

c.

Distinctive Architecture of Historically Significant Buildings. Projects shall preserve and reinforce the original architectural design of structures that are designated historic resources, eligible for historic listing, or potential eligible for historic listing. This includes significant structures with distinctive architectural styles that include but is not limited to Spanish Colonial Revival, Art Deco, Post-Modern, and Mid-Century Modern. Project should reinforce the building's original architectural design.

d.

Pedestrian-Oriented Design in the [A] and [P] Overlays. Projects located in [A] and [P] Overlays shall have a pedestrian-orientation with design elements such as courtyards, paseos, outdoor eating areas,

landscaping, interesting architectural details, etc.

2.

New Structures. The architectural character for all new buildings shall reflect a pedestrian orientation, and have Spanish Colonial Revival architecture unless other architecture is required by subsection E above. New and historic structures are required to comply with all relevant sections of the City's Design Guidelines, as well as the development standards for the underlying zoning designation.

3.

Historic Structures. Projects shall preserve and reinforce the original architectural design of significant structures that are designated historic, eligible for historic listing, or potential eligible for historic listing. This includes significant structures with distinctive architectural styles other than Spanish Colonial Revival, such as, Art Deco, Post-Modern, and Mid-Century Modern. Project should reinforce the building's original architectural design.

4.

Remodeled Structures. Although the ultimate goals for remodeled buildings in the Architectural Overlay are to have the required architectural style per subsection E above. It may not always be practical, with minor changes, to convert a contemporary building into a true form of the required architectural style, consistent with the City's Design Guidelines, or to provide pedestrian-oriented elements. It is not the intent of the Architectural Overlay District to prevent minor building improvements, additions, maintenance, etc., from occurring. The following should be considered when remodeling a building:

a.

In reviewing additions to existing buildings which do not have the required architectural style and/or not pedestrian-oriented, the review authority shall determine whether or not it is practical for the existing buildings to be converted to a true form of the architecture required by this section and/or to provide pedestrian-oriented elements.

b.

In cases where only minor modifications are proposed, the goals shall be the following:

i.

To improve the architectural quality of the building, consistent with the architectural style required by this section;

ii.

To include design elements that are in character with the required architectural style, where practical;

iii.

To include as many pedestrian-oriented elements, such as courtyards, paseos, outdoor eating areas, landscaping, interesting architectural details, etc., as is practical.

Minor modifications are changes that leave the existing building essentially intact and are primarily cosmetic (e.g., paint, re-stucco, enlarged windows, small additions).

Minor remodels are required to comply with the standards of the underlying zoning designation, and the general Design Guidelines in the City's Design Guidelines. If the building being remodeled is Spanish Colonial Revival, or if Spanish Colonial Revival elements would complement the building and are practical, then the section of the City's Design Guidelines pertaining to Spanish Colonial Revival architecture should be used to guide minor changes. When practical, the guidelines for pedestrian districts contained in the City's Design Guidelines should also be used.

c.

For all major remodels, projects shall have the required architectural style per subsection E and pedestrianorientation unless it can be demonstrated that it is impractical to do so. Major remodels are changes that significantly alter a building's design (e.g., additions that significantly change the footprint of the building, the addition of new stories, new roof design, etc.).

Major remodels are required to comply with all relevant sections of the City's Design Guidelines, particularly the section for pedestrian districts, as well as the development standards for underlying zoning designation. If Spanish Colonial Revival architecture is required, major remodels are also required to comply with relevant sections of the City's Design Guidelines for Spanish Colonial Revival architecture.

(Ord. 1445 § 14, 2007; Ord. 1314 § 56, 2006; Ord. 1172 § 3 (part), 1996)

(Ord. No. 1652, § 4, 5-15-2018; Ord. No. 1759, § 3(Exh. A), 10-3-2023)

17.56.030 - Central Business (-CB) Overlay District.

A.

Purpose and Intent. .....The Central Business [CB] Overlay is also known as Pedestrian [P] Overlay in the General Plan and as the Visitor Serving Commercial District [VSCD] Overlay in the Coastal Land Use Plan. The purpose of the Central Business District (CB) Overlay designation is to signify core commercial and mixed-use districts in which the City will require pedestrian uses to be located in pedestrian spaces (on the street level of the project along the sidewalk/street), thereby facilitating visitor-serving uses and pedestrian activity along sidewalks and throughout the area. This overlay was created in order to protect existing coastal visitor-serving commercial, recreational, dining, and lodging uses and provide new areas for such uses. It sets aside certain commercial areas to ensure adequate sites to accommodate the provision of additional new visitor-serving commercial and lodging development in the Coastal Zone. This goal is to be achieved by reviewing all uses requiring discretionary review for their appropriateness in pedestrian spaces. The City recognizes that the market for pedestrian uses in the CB Overlay fluctuates and, as such, provides this discretionary review process for the approval of non-pedestrian uses in pedestrian spaces. As the market for pedestrian uses increases in the CB Overlay area, the approval of non-pedestrian uses in pedestrian spaces should diminish.

B.

Applicability. .....The provisions in this section apply to development within the - CBCB Overlay.

C.

Permitted and Conditionally Permitted Uses. .....Within the CB Overlay, the appropriateness of the location of nonpedestrian-oriented uses, as defined below, in pedestrian-oriented space, as defined below, shall be considered as part of the discretionary review process for the use, as indicated in the use table in Chapter 17.40, Mixed-Use Zones and Standards, of this title.

1.

Definitions.

a.

Pedestrian-oriented uses. Pedestrian-oriented uses facilitate a relatively high level of pedestrian activity. Examples of pedestrian-oriented uses include retail shops; restaurants; entertainment; commercial services such as banks, cleaners, electronic repair shops; offices such as optometrists with retail space and realtors; the common areas of lodging facilities such as lobbies, restaurants, and shops; public uses such as postal offices and parks; and other similar uses.

b.

Nonpedestrian-oriented uses. Nonpedestrian-oriented uses facilitate relatively little pedestrian activity. Examples of nonpedestrian-oriented uses include most professional offices, such as insurance agencies, secretarial services and telemarketing services; medical uses such as doctor's, dentist's and veterinary offices and optometrists without retail space; guest rooms in lodging facilities; and other similar uses.

c.

Pedestrian-oriented space shall be commercial space on the street level of a project which meets either of the following criteria:

i.

Individual commercial space with a wall which is contiguous with the front property line; or

ii.

Individual commercial space with an entrance located within 15 feet of the front property line.

2.

Required Findings. In addition to the general findings listed for the discretionary process required for the application, one of the following findings shall be made:

a.

The use sufficiently generates pedestrian activity to be appropriate in a pedestrian-oriented space; or

b.

Current market conditions make it reasonably necessary to allow a use that does not generate significant pedestrian activity in order for the subject space to remain occupied.

(Ord. 1314 § 57, 2006; Ord. 1252 § 13, 2001)

(Ord. No. 1652, § 4, 5-15-2018)

17.56.040 - Planned Residential District (-PRD) Overlay.

A.

Purpose and Intent. .....The purpose of the Planned Residential District (-PRD) Overlay is to provide flexible regulations in order to foster innovation, variety, amenities, and a sensitivity to the natural topography in residential development. The intent is to allow development to deviate from conventional residential standards to achieve higher quality rather than increased density.

B.

Applicability. .....The provisions in this section apply to all areas with the Planned Residential District (-PRD) designation.

C.

Adoption and Amendment of the Planned Residential Overlay District (-PRD).

1.

Adoption and amendment of the -PRD Overlay on any properties shall occur in accordance with the provisions described in Section 17.16.040, Zoning Amendments, of this title.

2.

Adoption of the -PRD Overlay shall require the concurrent approval of a Tentative Map, if property is being subdivided according to the City's Subdivision Ordinance and concurrent approval of a Development Permit (Section 17.16.100) or Cultural Heritage Permit (17.16.110).

3.

Prior to submitting an application for adoption of the -PRD Overlay, the applicant or prospective developer shall schedule 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.

4.

Please refer to Sections 17.12.040, Filing an Application, 17.12.050, Application Completeness, and 17.12.060, Applications Requiring Additional Information, of this title for the application requirements for all discretionary applications.

The adoption of the -PRD Overlay for a development shall result in the underlying zoning designation and the -PRD Overlay becoming the official zoning designation for the development (such as RL-PRD, for a PRD in the RL zone). In addition, -PRD designations shall be numbered, in sequence of adoption, and their specific zoning requirements added to the appendix to this title when the -PRD standards differ from those in Subsection (F), Development Standards, of this section.

D.

General Requirements. .....The -PRD Overlay may be requested for land complying with both the following provisions:

1.

The land is zoned RL, RML, RM and RH;

2.

The project has a minimum site area of five acres.

E.

Use Regulations. .....The uses allowed in a Planned Residential District shall be limited to those uses allowed in the underlying zoning designation.

F.

Development Standards.

1.

General Development Standards. Table 17.56.040, Planned Residential District Standards, lists the site development standards required for planned residential development projects. Additional common amenities such as, but not limited to, an increase in common open space, clustering of dwelling units and a general conservation in the amount of land utilized for development may be required through the Site Plan Permit process.

Table 17.56.040

Planned Residential District Standards

2.

Special Planned Residential Developments (Numbered PRD Overlays). An index listing the PRD's which deviate from the standards of Table 17.56.040, Planned Residential District Standards, is contained in Appendix B of this title.

G.

Required Findings. .....Prior to the approval of a zoning amendment to add the -PRD designation to a property, the following findings shall be made, along with the general findings required for a zoning amendment:

1.

The development's density is consistent with the existing zoning for the property;

2.

The uses and design of the development are compatible with adjacent uses and properties;

3.

The development minimizes impacts to existing topographical conditions.

(Ord. 1172 § 3 (part), 1996)

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

A.

Purpose and Intent. .....The purpose of the Coastal Zone (-CZ) Overlay is to provide standards which preserve and protect the coastal resources within San Clemente, and implement the coastal policies in the City's Coastal Element and the California Coastal Act (Division 20 of the Public Resources Code). The Coastal Zone is an overlay which may be combined with any other zone that lies within the Coastal Zone of San Clemente.

B.

Applicability. .....The provisions in this section apply to development within the -CZ Overlay. For purposes of this section, bluff, canyon, beach front standards shall apply to those bluffs, canyons, and beach front lots identified on the Zoning Map.

C.

Permitted and Conditional Uses. .....Permitted and conditional uses within the -CZ Overlay are the same uses as those allowed within the underlying base zones. 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.

Development Standards. .....In addition to the development standards for the base zone described in Chapters 17.32, Residential Zones and Standards, through 17.48, Public Zones and Standards, of this title, the following standards apply to all applicable projects, as indicated in the subsection below, within the -CZ Overlay. The purpose of the coastal standards is to protect coastal resources and reduce hazards to life and property. When there are two or more setback choices available in the standards below (e.g., stringline and bluff or canyon edge setback), the City Planner shall determine which of the setbacks shall be applied to a development based on the geology, soil, topography, existing vegetation, public views, adjacent development and other site characteristics, subject to the appeals provisions of Section 17.12.140, Appeals of an Action, of this title. The setbacks below are minimum setbacks that may be altered to require greater setbacks when required or recommended as a result of a geotechnical review. No development shall be permitted within the setbacks provided below except for as provided in Subsection (D)(7), Exceptions to the Standards, of this section.

1.

Coastal Bluff Setback. Proposed development on coastal bluff lots (refer to Zoning Map) shall be set back:

a.

At least 25 feet from the bluff edge (see Subsection (D)(5), Determination of Bluff, Canyon or Cliff Edge); or

b.

In accordance with a stringline drawn between the nearest corners of adjacent structures on either side of the development (see Subsection (D)(4), Infill Development).

c.

Ancillary improvements, such as at-grade decks, walls, fences, retaining walls, patio covers, and other accessory structures, as determined by the City Planner, may encroach into the 25-foot bluff edge setback to a minimum of 10 feet from the bluff edge.

New permanent structures shall not be permitted on a bluff face, except for engineered staircases or accessways to provide public beach access where no feasible alternative means of public access exists. Drainage devices extending over or down the bluff face will not be permitted if the property can be drained away from the bluff face. Drainpipes will be allowed only where no other less environmentally damaging drain system is feasible and the drainpipes are designed and placed to minimize impacts to the bluff face, toe, and beach.

2.

Coastal Canyon Setback. New development shall not encroach into coastal canyons and shall be set back:

a.

A minimum of 30 percent of the depth of the lot and not less than 15 feet from the canyon edge; or

b.

A minimum of 30 percent of the depth of the lot and set back from the primary vegetation line (not less than 15 feet from coastal sage scrub vegetation or not less than 50 feet from riparian vegetation); or

c.

In accordance with house and deck/patio stringlines drawn between the nearest corners of adjacent structures. Only like structures/development shall be utilized when determining a stringline setback for proposed development (see Subsection (D)(4), Infill Development (stringline) of this section).

d.

Ancillary improvements, such as at-grade decks, walls, fences, retaining walls, patio covers, and other accessory structures, as determined by the City Planner, may encroach into the 15-foot canyon edge setback to a minimum of five feet from the canyon edge.

Drainage devices extending into the canyon will be allowed only when 100 percent site drainage to the street is not practical, to be determined by the City Engineer. Drainpipes are to be designed and placed to minimize impacts to the canyon, including visual impacts. Where practical, when extensions are made to existing drainpipes, the entire length of pipe shall be brought into conformance with this section. Drainpipes must be reviewed and in-concept approved by the City Engineer and City Planner, or their designees, before being sent to the California Coastal Commission for approval.

Adequate visual impact mitigation may include color of original pipe, painting of pipe to blend with natural surroundings, screening of pipe using vegetation and other natural land features, or any other method deemed appropriate by the City Planner.

3.

Coastal Beach Front Setback. Proposed development on a beach front lot shall be set back:

a.

In accordance with a stringline (see Subsection (D)(4), Infill Development); or

b.

In accordance with the underlying zoning district setback.

4.

Infill Development (Stringline). When new construction along a coastal canyon, bluff or beach front is infill development and is consistent with the policies of the City of San Clemente Coastal Element Land Use Plan, the following setback standards shall be applied:

a.

No part of a proposed new deck/patio shall be built farther toward a bluff edge, canyon edge, or beach front than a line drawn between the nearest adjacent corners of the adjacent deck/patios (deck stringline); and

b.

No part of a proposed new structure's living space shall be built farther toward a bluff edge, canyon edge, or beach front than a line drawn between the nearest adjacent corners of the adjacent structures' living space (house stringline).

The illustration below depicts how the two different stringlines are used. If the adjacent lot is vacant, a stringline shall not be used.

Figure 17.56.050

==> picture [408 x 285] intentionally omitted <==

5.

Determination of Bluff, Canyon or Cliff Edge. All development applications for projects adjacent to a bluff, cliff or canyon edge shall provide a topographic survey of the property which indicates the bluff, canyon or cliff edge. The topographic survey shall be prepared by a licensed surveyor or registered civil engineer. The edge location shall be drawn in accordance with the definition for "edge" as defined in Chapter 17.88, Definitions, of this title, under coastal zone definitions.

If after reviewing the topographic survey, the City Planner determines that the location of the bluff, canyon or cliff edge has not been drawn in accordance with the definition of "edge," the City may stake the bluff, canyon or cliff edge in the field. Once the edge is staked a licensed surveyor or registered civil engineer shall survey the location of the stakes and transfer the stakes coordinates onto the topographic survey. This information shall then be used to accurately establish the edge of bluff on the topographic survey and project site plan.

6.

Coastal Bluff and Canyon Preservation.

a.

Landscaping. Landscaping in coastal canyon setback areas or the coastal bluff setback areas, as defined in the subsections above, shall be primarily composed of native plant species. The removal of native plant species and the introduction of nonnative plant species in the canyons shall be discouraged. The use of native plant species in and adjacent to the canyons shall be encouraged.

b.

Landscape thinning and clearing within Coastal Canyons and Bluffs, including setback areas as defined in the subsections above, for areas located within 30 feet of any habitable structure or parking garage, shall be allowed when done in accordance with the following criteria:

i.

Dead and dying plants, leaves and similar debris shall be removed.

ii.

Non-native (also termed as ornamental or exotic) vegetation may be removed.

iii.

Vegetation located next to or under combustible structures shall be removed.

iv.

30 feet shall be provided between the building and native (also defined as non-ornamental or non-exotic), non-irrigated vegetation, unless the vegetation is on a slope, in which case the native, non-irrigated plants shall be trimmed and thinned while retaining root structures in place for slope and soil stability. Where root zone is not sufficiently established, to be determined by the City Engineer, alternative measures for slope and soil stability may be required, to the satisfaction of the City Engineer and Coastal Commission staff.

v.

Best Management Practices (BMPs) must be utilized to prevent any discharge of soil, vegetation or other material to the storm drain system (including natural canyons, area drains, streets, gutters, catch basins, pipes, channels or receiving waters) in compliance with the municipal storm water permit issued by the San Diego Regional Water Quality Control Board, the city's local implementation plan and the Orange County Drainage area management plan.

c.

Landscape thinning and clearing within Coastal Canyons and Bluffs, including setback areas as defined in the subsections above, for areas located within 100 feet of any habitable structure or parking garage, shall be allowed when done in accordance with the following criteria:

i.

Dead and dying plants, leaves and similar debris shall be removed.

ii.

Non-native (also termed as ornamental or exotic) vegetation may be removed.

iii.

Nominal trimming of native vegetation is allowed. In no case shall plants be trimmed down to the root stalk, unless in-concept approved by the City Planner and approved by the California Coastal Commission.

iv.

Best Management Practices (BMPs) must be utilized to prevent any discharge of soil, vegetation or other material to the storm drain system (including natural canyons, area drains, streets, gutters, catch basins, pipes, channels or receiving waters) in compliance with the municipal storm water permit issued by the San Diego Regional Water Quality Control Board, the city's local implementation plan and the Orange County Drainage area maintenance plan.

d.

New landscaping and landscape modification, other than as described above, must be in-concept approved by the City Planner and reviewed and approved by the California Coastal Commission.

e.

Subdivision. Any subdivision of property in or adjacent to coastal bluffs and/or coastal canyons shall be for consistency with the coastal bluff and canyon preservation policies. New parcels that do not have an adequate building site area to comply with the setback standards of these policies shall not be created.

f.

Review of Projects:

i.

Projects Requiring a Development Permit or Cultural Heritage Permit. Review of all projects within the Coastal Zone requiring Development Permit, Cultural Heritage Permit, or Conditional Use Permit review shall include an assessment of the potential impact on natural habitat areas. Site plan review of all development projects located adjacent to parks and recreation areas shall include an evaluation of potential impacts on coastal bluffs and coastal canyons.

ii.

Mitigation measures identified during site plan review stages to limit a project's effect on the coastal bluff or coastal canyon environment shall be incorporated into final project design plans.

iii.

Large-Scale Projects. The analysis and evaluation of large-scale development projects shall include a comprehensive inventory of biological resources. A determination should be made of the area's importance as a native habitat, including identification of rare or endangered species, or those species being considered to be listed as rare or endangered.

7.

Exceptions to the Standards of this Section. Exceptions to the standards in this section shall not require the approval of a variance and shall be permitted by the City of San Clemente, if all of the following occur:

a.

The exception is for an addition to an existing structure;

b.

The exception is approved by the Coastal Commission; and

c.

The City of San Clemente has no objections to the exception.

E.

Replacement of Affordable Housing Units.

1.

Purpose and Intent. This subsection is intended to provide standards to implement affordable housing requirements, related to the replacement of existing affordable units in the Coastal Zone, included in the City's Housing Element and the State Government Code Section 65590.

2.

Applicability.

a.

Applicable Projects. This subsection shall apply to the conversion to condominiums or demolition of three or more dwelling units within the Coastal Zone, where at least one of the units was occupied by an eligible household, as defined in the City's Housing Element.

b.

Exempt Projects. This subsection shall not apply to projects meeting any of the following criteria, unless the City determines that the replacement of all or any portion of the converted or demolished dwelling unit is feasible:

i.

The conversion or demolition of a residential structure which contains less than three dwelling units, or in the event that a proposed conversion or demolition involves more than one residential structure, the conversion or demolition of 10 or fewer dwelling units;

ii.

The conversion or demolition of a residential structure to a nonresidential use which is "coastal dependent" or "coastal related" as defined in Public Resources Code 30101 as amended, and consistent with the underlying zone;

iii.

The demolition of a residential structure which has been declared a public nuisance.

c.

Determination of Applicability. The Planning Division shall determine whether units to be converted or demolished are occupied by Eligible Households. This determination may be based upon an income survey of current residents. A dwelling unit need not be replaced if either of the following criteria apply:

i.

The dwelling unit is not occupied by an eligible household. For purposes of this subsection, a residential dwelling shall be deemed occupied by a person or family if the person or family was evicted from that dwelling unit within one year prior to the filing of an application to convert or demolish the unit and if the eviction was for the purpose of avoiding the requirements of this subsection.

ii.

A survey of the residents of the units is infeasible, based on the City Planner's determination.

The Planning Division shall make its determination, and inform the developer of the number of below market rate rental units to be provided, as required in Subdivision 3, Standards, of this section, within 60 days of receipt of a complete application.

3.

Standards.

a.

Requirement to Provide Affordable Housing. Dwelling units located in the Coastal Zone Overlay which are to be demolished or converted to condominiums, and which are occupied by "eligible households" shall be replaced. Requirements for affordability, eligibility and implementation shall be in accordance with the requirements of Section 17.24.120, Inclusionary Housing Requirements, and the standards and guidelines in the Inclusionary Housing Program in the City's Housing Element, except as otherwise stated in this section.

b.

Number of Affordable Units to be Provided. The developer shall provide one below market rate rental unit for each dwelling unit to be demolished or converted that was occupied by an eligible household, or 20 percent of the total number of residential units in the project, whichever is greater.

F.

Landform Alterations for Coastal Bluffs, Canyons and Cliffs.

1.

Prohibition of Landform Alterations. Grading, cutting or filling that will materially alter coastal bluffs, canyons, and cliffs shall be prohibited unless approved by the City and one of the following findings made:

a.

Alterations to a coastal bluff, canyon or cliff are required for compelling reasons of public safety (e.g., grading work necessary for stabilization of the coastal bluffs adjacent to the Pacific Coast Highway which without stabilization would threaten life and property); or

b.

The alterations are required to provide a significant overriding coastal public benefit (e.g., staircases or accessways to provide beach access to the public where none previously existed).

2.

Standards for Permitted Landform Alterations.

a.

Where permitted, alterations of bluffs, canyons and cliffs shall comply with all of the following standards:

i.

Any landform alteration proposed for reasons of public safety or public benefit shall minimize the extent of the grading to the maximum extent feasible. In the areas where the natural landform is impacted (e.g., bluffs, cliffs, ravines) the stabilization method used shall be visually compatible with the coastal landform (e.g., land-form or contour grading, artificial sculptured bluff face that matches the natural bluff, etc.).

ii.

Drought tolerant plants and efficient irrigation shall be required for landscaping to minimize water consumption, fertilization and chemical application, and to visually relate development to existing natural landscapes. Grading shall not alter the biological integrity of the sensitive habitat areas unless it is replaced with habitat of equal or greater value.

iii.

Development shall be conducted with provisions for the control of sediment transport, and debris originating at the construction site or upstream property as follows:

(A)

For necessary grading operations, the smallest practical area of land will be exposed at any one time during development, and the length of exposure will be kept to the minimum practical amount of time. The clearing of land shall be avoided during the winter rainy season with all measures for removing sediments and stabilizing slopes required in place before the beginning of the rainy season.

(B)

Sediment basins (including debris basins, desalting basins or silt traps) shall be installed in conjunction with the initial grading operations and maintained current to site development through the development process to remove sediment from runoff waters. All debris and sediments shall be retained on site unless removed to an appropriate dumping location approved by the City Engineer.

(C)

Temporary vegetation, seeding, mulching or other suitable stabilization method will be used to protect against soil erosion on slope during grading or development. All cut and fill slopes shall be stabilized immediately with planting of native grasses and shrubs, appropriate nonnative plants or with accepted landscaping practices.

(D)

Provisions shall be made to conduct surface water to storm drains or suitable watercourses to prevent erosion. Drainage devices shall be designed to accommodate increased runoff resulting from modified soil and surface conditions as a result of development.

(Ord. 1307 §§ 3—4, 2005; Ord. 1304 § 29, 2005; Ord. 1296 §§ 3—4, 2004; Ord. 1172 § 3 (part), 1996)

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

For details regarding Special Residential Zones designated by numerical overlays, please refer to Section 17.32.040(B), Special Residential Zones, and Appendix A of this title.

(Ord. 1172 § 3 (part), 1996)

17.56.070 - Inland Canyon Overlay.

For details regarding the Inland Canyon Overlay designation, please refer to Section 17.24.060, Canyon setbacks, inland, of this title.

(Ord. 1304 § 30, 2005; Ord. 1172 § 3 (part), 1996)

17.56.080 - North Beach Parking Overlay (-NBP).

A.

Purpose and Intent. .....The purpose of the "-NBP" Overlay designation is to improve parking availability and efficiency in the North Beach area by creating parking standards for the commercially zoned parcels which are responsive to this unique area, and to protect the residents by not impacting parking in the residential area. The intent of the North Beach Parking Overlay is to address parking for the district as a whole.

B.

Applicability. .....The provisions in this section apply to all areas (Commercial and Residential Parking Benefits Districts) within the North Beach Parking (-NBP) Overlay District designation. Please refer to figure 17.56.080A for a map of the areas in the City which are included in this Overlay District.

Figure 17.56.080A, North Beach Parking Overlay Districts (Commercial and Residential Parking Benefits Districts)

==> picture [381 x 418] intentionally omitted <==

C.

Development Standards.

1.

Development Standards. The number of off-street parking spaces required for commercial lands uses located within the North Beach Parking Overlay District which join the Commercial Parking Benefit District by: (1) opening onsite parking up to the public; and (2) agree to implement and comply with the City's Parking Management Strategies as such strategies shall be adopted from time to time shall be as listed in Table 17.56.080a, Commercial Parking Benefit District Parking Standards. Table 17.56.080b, Parking Standards for Development prescribe the number of off-street parking spaces for commercial uses in the North Beach Parking Overlay District which do not participate in the Commercial Parking Benefits District,. Unless otherwise indicated, the parking requirements are for square feet of gross floor area occupied by the use, and in the case of nonresidential uses, includes the parking required for customers and employees. Parking standards for uses not specified in Table 17.56.080a and Table 17.56.080b, shall be provided in accordance with the requirements set forth in Section 17.64.050 of the Zoning Code.

Table 17.56.080a,

Commercial Parking Benefit District Parking Standards

Table 17.56.080b,

Parking Standards for Development that does not participate in the Commercial Parking Benefits District

2.

Historic Preservation Parking Waivers. Historic Structures included on the City's Designated Historic Structures and Landmarks List or on the State of California Register of Historical Resources which are located within the North Beach Parking Overlay District shall be eligible to receive parking waivers per Section 17.64.125(B), and shall be evaluated on a case by case basis through the entitlement process.

3.

Neighborhood Electric Vehicles. Parking for Neighborhood Electric Vehicles (NEV), as defined in Vehicle Code Section 385.5, may be applied toward the total required parking at a maximum of four percent and not more than eight spaces of the required number of parking spaces for a project through the approval of a Development Permit or Cultural Heritage Permit. Additional NEV spaces can be provided however those spaces will not apply to the required parking. NEV spaces shall be located in areas of parking lots that cannot accommodate a standard parking space, unless the required number of standard spaces has been satisfied.

4.

Offsite Parking. Required onsite parking can be satisfied by locating parking offsite but within the North Beach Parking Overlay District with the approval of a Conditional Use Permit and execution of an offsite parking agreement approved by the City. Required residential parking must be located onsite. The offsite parking agreement shall comply with the following restrictions:

a.

The agreement shall restrict the use of the land on which the offsite parking is located for the duration of the use for which that parking is provided;

b.

The agreement shall be executed by the owner of the property on which the parking is located. Only the property owner may enter into these agreements; and

c.

The agreement shall be submitted for the review and approval of the City Attorney; and

d.

Following its approval, the agreement shall be recorded by the applicant and a copy furnished to the Community Development Department when applying for a permit, for inclusion in any related discretionary application files and the Building Division address files.

5.

Parking Management Program (Commercial and Residential Parking Benefits District). All required parking for commercial and/or office uses shall be accessible and available as public parking spaces subject to a uniform City parking management program. The City of San Clemente, will establish a parking management program for the both Commercial and Residential Parking Benefits Districts in the North Beach Parking Overlay District, which will identify the parking fees that shall be charged by location. The parking management program shall also address enforcement. All residential parking shall remain private. The following Parking Management Strategies have been identified by the City Council for implementation in North Beach:

a.

"Park Once";

b.

Distance Based Parking Pricing;

c.

Multi-space Parking Pay Stations;

d.

Way finding signage;

e.

Loading Zones;

f.

In-Lieu fees;

g.

Pedestrian and Bicycle Improvements;

h.

Preferential Parking for carpools/Vanpools/EVs/Golf Carts;

i.

Ridesharing Programs;

j.

OCTA Universal Pass Programs;

k.

Shuttle Circulator.

(Ord. No. 1518, § 3, 8-17-2010; Ord. No. 1759, § 3(Exh. A), 10-3-2023)

A.

Purpose and Intent. .....The purpose of this section is to provide for the development of qualified affordable housing development, including rental and for sale housing, in residential, commercial and mixed-use zones. The intent is to facilitate the development of affordable housing, enable the City to meet its housing goals, and ensure that affordable developments will be compatible with surrounding land uses by establishing an overlay district and standards.

B.

Applicability. .....This section applies to properties in the Housing Overlay [H]. Properties are identified on the Zoning Map by a "H" label after the base zone.

C.

Project Qualification. .....A "Qualified Affordable Housing Development" shall mean a multi-family rental or for sale housing project consisting of efficiency, studio, one-, two-, three-, and/or four-bedroom units, which meets the following requirements:

1.

The housing units on site shall provide at least the following percentage of affordable housing units, based on Orange County Median Income by household size, and the remainder of the units may be market rate rental units or sold as market rate condominiums.

i.

At least 20 percent of the housing units are restricted to low-income households; or

ii.

At least 40 percent of the housing units are restricted to moderate-income households

All affordable housing units may be in a single category (very low, low, or moderate) or part of a mixture of affordable housing types. An in-lieu fee may replace up to ½ of a single housing that would otherwise be provided[[5]] , but shall not be used in lieu of providing actual affordable housing units on site. Once a qualifying percentage of affordable housing units have been provided, the remaining units on site may be market rate rental units or sold as market rate condominiums.

2.

If units within a project are proposed to be sold as condominiums, then the affordable portion of the project must be sold as condominiums to a 501(c)3 nonprofit housing development organization. The non-profit organization must rent out the enforceably restricted affordable units to households at the applicable income level.

3.

All condominiums must be regulated by a legal homeowner's association for the maintenance of the units.

D.

Review Requirements. .....Affordable housing projects are a permitted use in the Housing Overlay. Refer to use tables in Sections 17.32.030 (Residential Use Regulations), 17.36.030 (Commercial Zone Uses) and 17.40.030 (Mixed-Use Zone Uses). Qualified Affordable Housing Development shall be eligible for ministerial review, subject to the applicable objective design standards contained in Chapter 17.26 (Objective Design Standards for Multi-Family Residential and Residential Mixed-Use Development).

E.

Minimum Standards. .....Affordable housing projects shall conform to the underlying development standards of the underlying zone, with the exception of incentives, concessions and density bonuses as required by Government Code § 65915 or other applicable State law.

F.

Affordable Housing Agreement. .....A Qualified Affordable Housing Development project shall have a legally binding agreement between the applicant and the City, which shall be required to be executed, upon approval by the City Council, and be recorded against the property on which the Qualified Affordable Housing Development project is to be constructed to ensure that the requirements of this chapter are satisfied. The Affordable Housing Agreement shall be recorded against the Development Site prior to issuance of building permits for the Qualified Affordable Housing Development. The AffordableHousing Agreement shall be binding on all future owners and successors in interest. The Affordable Housing Agreement shall include, but not be limited to, the following:

1.

Term—A term consistent with the minimum number of years specified by State law or applicable project funding source, or greater, depending upon whether non-City funding sources require a longer affordability term. Where other public financing has a longer term, the longest term of affordability shall prevail.

2.

Property Management—A requirement that the owner shall provide for professional property management of the development including the owner's policies and procedures for renting, managing; maintaining and operating the affordable units. Property management shall also monitor the use of parking spaces within the development to assure that the parking spaces are provided, maintained and used in accordance with the terms of the Affordable Housing Agreement;

3.

Occupancy—A requirement that the occupancy of each unit in the development shall be limited so that it does not exceed more than two persons per bedroom plus one additional person;

4.

Priority of San Clemente residents—The obligation of the owner to provide first priority to people who live or work in the City to rent the qualified affordable units to the extent - the project is funded with San Clemente Developer's In-lieu fees or other housing funds, as permitted by law.

5.

Definitions of household income—Means those persons and families whose household income does not exceed the qualifying limits for acutely low, extremely low, very low, low, and moderate income families as established and amended from time to time by the California Department of Housing and Community Development.

(Ord. No. 1536, § 4(Exh. A), 6-21-2011; Ord. No. 1638, § 3(Exh. A, § 6), 1-17-2017; Ord. No. 1759, § 3(Exh. A), 10-3-2023; Ord. No. 1784, § 4(Exh. A), 12-10-2024)

==> picture [384 x 510] intentionally omitted <==

Footnotes:

--- ( 5 ) ---

e.g. If 2.4 units of low-income housing were required as part of a 12 unit project, the applicant could replace ⅖ of one required low-income unit with an in-lieu fee and provide two low-income units. This provision does not supersede application of the State Density Bonus law, which requires provision of actual affordable housing units rounded up to the nearest whole number.

17.56.100. - Emergency Shelter Overlay District.

A.

Purpose and Intent. .....The purpose of the Emergency Shelter Overlay Zone designation is to identify those areas where emergency shelters are allowed by right, subject to development and operation standards and in accordance with Section 65583 of the California Government Code. The Emergency Shelter Overlay Zone meets the requirements of state law (SB2) by designating specific areas where emergency shelters, also referred to as "homeless shelters", may be established and operated by right, to meet the shelter needs based on homeless population estimates established by current reliable information and in the City's General Plan Housing Element. The goals for areas with this designation are as follows:

1.

To facilitate efforts to address the needs of homeless persons in the City of San Clemente by identifying locations where emergency shelters are allowed by right and by establishing objective development and operation standards for emergency shelters.

2.

To protect public safety, maintain land use compatibility, and preserve property values, neighborhood quality and economic vitality while addressing an identified humanitarian need.

3.

To locate such facilities, to the maximum extent possible, close to public transportation, public and community services, near job centers, away from residential neighborhoods, schools and parks.

4.

To allow small-scale, family-oriented emergency shelters as an accessory use to churches and other religious institutions.

5.

To ensure that emergency shelters are designed in accordance with applicable standards, as allowed under state law, and that they comply with City standards and guidelines applying to all other uses in the zone.

6.

To ensure that emergency shelters are operated in a responsible and community-sensitive manner that prevents and avoids impacts to adjacent neighborhoods and enables residents, businesses and property owners to support, monitor, communicate with shelter operators, and seek City action to protect public health, safety and welfare.

7.

To achieve a housing element which complies with state law and that fully addresses all housing needs in the community while balancing other important community needs and goals, to protect public safety, neighborhood peace and aesthetics, and economic vitality.

B.

Application of Emergency Shelter Overlay District Requirements. .....The requirements of this section are for emergency shelters within the Emergency Shelter Overlay Zone. Emergency shelters that comply with these standards may be established without use permit or any other discretionary review.

C.

Emergency Shelter Overlay District Established. .....The City hereby establishes an "Emergency Shelter Overlay Zone" or District. In this District, emergency shelters which meet the following objective standards shall be allowed by right and are exempt from the provisions of the California Environmental Quality Act. The Emergency Shelter Overlay shall consist of the Rancho San Clemente Business Park Sub-Area. This sub-area is shown in Figure A below.

==> picture [360 x 248] intentionally omitted <==

D.

Emergency Shelter Development Standards. .....Emergency shelters shall comply with the following objective standards:

1.

Separation. An emergency shelter shall not be established or operated at any location less than three hundred (300) feet from another emergency shelter providing shelter and other services to homeless persons, provided, however, that this standard shall not apply where homeless shelters proposed to be located within three hundred (300) feet of each other are operated by the same social service provider, as defined in Subdivision F.3 of this section.

2.

Number of Emergency Shelters. The number and capacity of emergency shelters allowed without a conditional use permit approval shall be limited to that required to meet the shelter needs of the number of estimated homeless persons in the City, as established by current reliable information and approved by the

City Council. This number shall be updated every two (2) years, after the "point-in-time counts" are published for the County.

3.

Maximum Number of Beds. The maximum number of beds permitted per emergency shelter facility shall be the lesser of the following: 1) the most recent point-in-time count of unsheltered individuals within San Clemente at the time of application submittal; or 2) forty-five (45) beds per facility. Beds shall be made available to individuals meeting the City-defined criteria for local individuals; the emergency shelter facility shall not be a regional facility.

4.

On-site Waiting and Intake Areas. On-site waiting and client intake areas shall be provided in the emergency shelter building. Outdoor waiting areas, if provided, shall be visually screened from the public right-of-way and from adjacent land uses.

5.

Parking. Subject to Government Code Section 65583(a)(4)(BA)(ii), sufficient parking shall be provided to accommodate all staff working in the emergency shelter, provided that the standards do not require more parking for emergency shelters than other residential or commercial uses within the same zone on-site.

6.

Site Lighting. Site lighting shall be provided for safety and security, consistent with City standards and Design Guidelines.

7.

Personal Storage. A private storage area, such as a locker may be provided with each on-site bed. Regulations regarding personal storage use shall be set by City-approved policy, posted on-site, and provided upon intake to all clients.

8.

Shower and Toilet Facilities. Toilets, sinks, and showers shall be provided on-site. The emergency shelter manager shall be responsible for ensuring that all restroom and shower facilities comply with the City's Building Code requirements.

9.

Separate Housing for Families with Children. Families with children shall be housed separately from other clients and be provided separate restrooms and shower facilities.

10.

Food Service Areas. The emergency shelter manager shall be responsible for ensuring that any food service or on-site meal preparation areas comply with all applicable requirements of the County Health Department.

11.

Outdoor Storage. Emergency shelters shall screen all outdoor storage areas from all public rights-of-way and on-site and adjacent parking lots. The emergency shelter manager shall ensure that all outside storage areas be maintained in a neat, clean, and orderly manner at all times.

12.

Exterior Lighting. Lighting shall be provided in all parking and exterior waiting areas and along the periphery of the building without lighting adjoining properties.

13.

Architectural Review. Emergency Shelters shall comply with the City's Design Guidelines, Specific Plans, and the Zoning Ordinance regarding architectural and development standards to ensure shelters are compatible with their surroundings, provide adequate privacy between uses, and minimize potential impacts of the proposed shelter on adjacent uses.

The process to review emergency shelter compliance with these requirements shall be a ministerial review that shall be considered at the time of building permit review or business license review, which ever comes first. Emergency shelters shall be exempt from all discretionary review processes in compliance with state law.

E.

Emergency Shelters Management and Operational Standards. .....Emergency shelters shall be managed and operated in conformance with the following objective standards:

1.

Shelter Operator. The emergency shelter shall be operated by a social service provider, as defined in Section 17.56.105.C.[[6]]

2.

On-Site Management. The emergency shelter shall provide at least one (1) qualified on-site manager at all times, plus one (1) attendant for each twenty (20) occupants.

3.

Maximum Stay. Occupancy for any individual or family shall not exceed six (6) months in a three hundred sixty-five (365) day period. No individual shall be denied emergency shelter because of an inability to pay.

4.

Security Measures. Each emergency shelter operator shall submit to the Community Development Director a plan for security during hours that the emergency shelter is in operation, taking into account the location of the emergency shelter. Such security plan may include fencing, appropriate surveillance measures, and/or on-site security personnel. Said Plan shall include a Management Plan. Each emergency shelter

operator shall submit to the Community Development Director a Management Plan which contains the following information:

a.

Client intake and screening processes;

b.

A description of services to be provided at the emergency shelter;

c.

Length of stay allowed for clients;

d.

Hours of operation;

e.

A set of facility rules and procedures for maintaining a safe environment within and outside the emergency shelter.

f.

The posting of signage regarding rules of the emergency shelter.

g.

Staff training programs.

h.

Referral service and distribution of resources available to clients for obtaining permanent shelter, mental and physical health care and other supportive services.

i.

Emergency plan, including, but not limited to emergency contact numbers, evacuation plans and on-site safety measures

j.

Submission of the Emergency Plan and the Management Plan to the Community Development Director shall be solely for informational purposes; said plans shall not be subject to discretionary review and/or approval.

F.

Definitions.

1.

"Emergency Shelter" (also referred to as "homeless shelter") means housing with minimal supportive services for homeless persons, and that is limited to occupancy of six (6) months in a three hundred sixtyfive (365) day period by a homeless person.

2.

"Church or Religious Institution" means a building which is used as an established place of worship, has a regular congregation and regularly offers religious services, represents a recognized creed and form of worship, and is affiliated with an organization of ordained clergy.

3.

"Social Service Provider" means an agency or organization licensed or supervised by any federal, state or local health/welfare agency that participates in the federal Homeless Management Information System (HMIS) and has demonstrated experience with the homeless population by assisting individuals and families achieve economic self-sufficiency and self-determination through a comprehensive array of programs and actions.

(Ord. No. 1634, § 4(Exh. A), 11-1-2016; Ord. No. 1645, § 2, 9-19-2017; Ord. No. 1664, § 44, 9-18-2018; Ord. No. 1741, § 4, 12-20-2022; Ord. No. 1759, § 3(Exh. A), 10-3-2023; Ord. No. 1798, § 4(Exh. A), 12-92025)

Footnotes:

--- ( 6 ) ---

Editor's note— Section 17.56.105 has been repealed by Ord. No. 1630, § 2, adopted Sept. 6, 2016.

Editor's note— Ord. No. 1630, § 2, adopted Sept. 6, 2016, repealed § 17.56.101, which pertained to application of emergency shelter (ES) overlay zone requirements and derived from Ord. No. 1585, § 2(Exh. A), adopted Sept. 2, 2014.

Editor's note— Ord. No. 1630, § 2, adopted Sept. 6, 2016, repealed § 17.56.102, which pertained to emergency shelter overlay district established and derived from Ord. No. 1585, § 2(Exh. A), adopted Sept. 2, 2014.

Editor's note— Ord. No. 1630, § 2, adopted Sept. 6, 2016, repealed § 17.56.103, which pertained to development standards and derived from Ord. No. 1585, § 2(Exh. A), adopted Sept. 2, 2014 and Ord. No. 1611, § 1, adopted Dec. 1, 2015.

Editor's note— Ord. No. 1630, § 2, adopted Sept. 6, 2016, repealed § 17.56.104, which pertained to emergency shelters and operational standards and derived from Ord. No. 1585, § 2(Exh. A), adopted Sept. 2, 2014 and Ord. No. 1611, § 1, adopted Dec. 1, 2015.

Editor's note— Ord. No. 1630, § 2, adopted Sept. 6, 2016, repealed § 17.56.105, which pertained to definitions and derived from Ord. No. 1585, § 2(Exh. A), adopted Sept. 2, 2014.

A.

Purpose and Intent. .....It is the purpose and intent of the Mixed Use [MU] Overlay to allow existing industrial uses to remain on properties with underlying Light Industrial [LI] zoning in the North Beach area, while providing an option for a vertical or horizontal mix of Neighborhood Serving Commercial, Community Serving Commercial, and allowing multifamily housing on the second floor or higher. With redevelopment, projects are to follow development standards and permitted uses required for the adjacent Mixed Use 1 [MU 1] zoning district.

B.

Applicability. .....The provisions in this section apply to all areas with Mixed Use Overlay [MU] Designation.

C.

Continuation of Light Industrial Uses. .....The [MU] Overlay allows a continuation of lawfully established existing light industrial uses on a property that is allowed by the underlying Light Industrial [LI] zoning district, except when a property is redeveloped or uses are established according to permitted uses and development standards required by subsection D.

D.

Permitted Uses and Development Standards. .....In the [MU] Overlay, new development or establishment of uses not permitted by the underlying Light Industrial [LI] zoning district shall comply with permitted uses and development standards for the adjacent Mixed Use 1 [MU 1] zoning district in Chapter 17.40 of this Zoning Code.

(Ord. No. 1652 § 4, 5-15-2018)

A.

Purpose and Intent. .....It is the purpose and intent of the Medical Office [MO] Overlay to provide an option of increasing the development potential (i.e. Floor Area Ratio or density) for the establishment of medical office uses with related ancillary retail and services, conditional upon the approval of a Master Plan. Community Commercial uses are permitted as an underlying land use (Community Commercial).

B.

Applicability. .....The provisions in this section apply to all areas with Medical Office Overlay [MO] Designation.

C.

Eligibility for Density Bonus for Medical Office. .....The MO Overlay is eligible for a maximum density North of Mira Costa of 1.0 FAR and 0.75 FAR south of Mira Costa, when new development or changes of use in an existing development are proposed, in which at least 50 percent of the net floor area of building space is occupied and operated as medical related uses.

(Ord. No. 1652 § 4, 5-15-2018)

CHAPTER 17.64 - PARKING AND ACCESS STANDARDS

The purpose of this chapter is to ensure that adequate off-street parking is provided for the various land uses in San Clemente, to minimize traffic congestion associated with the layout of parking facilities and the access to uses, to provide safe access to all land uses, and to ensure that parking facilities are as compatible as possible with surrounding land uses.

(Ord. 1172 § 3 (part), 1996)

17.64.020 - Applicability.

A.

All Approved Land Uses. .....All approved land uses in San Clemente shall provide parking as required by this chapter.

B.

Review of Parking Areas. .....The plans of any new parking area or existing parking area which is being resurfaced, restriped or reconfigured shall be submitted to the Community Development Department for review for compliance with this chapter. This review may take place as part of a discretionary application, when one is required. The plans shall show clearly and indicate the proposed development and its dimensions, including the location, size, shape, design, curb cuts, lighting, landscaping, line painting, bumper stops, and other features and appurtenances of the proposed or revised parking area.

(Ord. 1172 § 3 (part), 1996)

A.

Location of Parking in Relationship to a Use. .....Parking required for all residential uses shall be located within the same project site as the use; in no case shall parking for a residential use be more than 300 feet away from the residential use it serves. All other required parking shall be located either on site or within

300 feet away from the residential use it serves. All other required parking shall be located either on site or within 300 feet of the of the use for which the parking is required, as provided for in Section 17.64.110, OffSite Parking, of this chapter.

B.

Distance of Off-Site Parking. .....The distance between a use and off-site parking shall be measured from the nearest point of the parking facility to the nearest point of the portion of the building or structure the parking is required to serve.

C.

Location of Residential Parking, Permitted. .....Vehicles on private property used for residential purposes shall be parked only in paved parking spaces or in driveways which comply with the following standards:

1.

The driveway provides access to required parking spaces; and

2.

The vehicle is not blocking access to parking for other residential units.

Driveway parking cannot count toward the required off-street parking for residential units, except in the case of tandem parking, as provided for in Table 17.64.050, Number of Parking Spaces Required, of this title.

D.

Location of Parking in Mixed Use Zones for Nonresidential and Mixed-Use Projects. In Mixed-Use Zones, parking for commercial and mixed-use projects shall be located behind buildings or to the side of buildings when parking behind buildings is impossible. For specific requirements regarding the location of parking, please refer to Section 17.40.030.A.2, Special Use Regulations and Section 17.56.030, Central Business (- CB) Overlay District, of this title, along with the San Clemente General Plan and Urban Design Guidelines. Exceptions to parking location requirements may be granted pursuant to Section 17.40.050(C)(f), Miscellaneous Parking Requirements for Existing Development being converted to a Mixed-use Project, of this code.

(Ord. 1252 § 14, 2001; Ord. 1172 § 3 (part), 1996)

(Ord. No. 1652, § 4, 5-15-2018)

A.

Standard Parking Spaces. .....The number of parking spaces required for various land uses shall be as required in Table 17.64.050, Number of Parking Spaces Required. Parking spaces shall be designed as required in Section 17.64.060, Design Standards for Off-Street Parking Facilities, of this chapter.

B.

Disabled Accessible Parking Spaces. .....Disabled accessible parking spaces shall be provided for uses as required by Title 24 of the California Code of Regulations and they shall be designed as required by Section 17.64.070, Disabled Accessible Parking Spaces, of this chapter. The Americans With Disabilities Act also contains requirements for disabled-accessible parking spaces, although the City is not responsible for the enforcement of these requirements.

C.

Bicycle and Carpool Vehicle Parking Facilities for Employment Centers. .....Bicycle and carpool vehicle parking facilities shall be provided for new employment centers other than residential developments, as required by Chapter 17.76, Trip Reduction and Travel Demand Management, of this title.

D.

Over-Sized Vehicle Parking Spaces. .....Over-sized vehicle parking spaces shall comply with the design standards in Section 17.64.080, Oversized-Vehicle Parking, of this title.

(Ord. 1172 § 3 (part), 1996)

A.

Enforcement and Interpretation of Parking Requirements.

1.

Number of Off-Street Parking Spaces Required. The number of off-street parking spaces required for the land uses identified in the Permitted and Conditional Use Tables of this title are listed in Table 17.64.050, Number of Parking Spaces Required, except where parking requirements are established in Chapter 17.28, Special Uses, or exceptions to these requirements are granted in accordance with Section 17.64.125, Waivers of Parking Requirements, in this chapter.

2.

Uses Not Listed. When parking requirements for land uses are not specifically listed in this section or in Chapter 17.28, Special Uses, the parking requirements shall be those required for the most similar use. The most similar use shall be determined by the City Planner as provided for in Section 17.04.040, Interpretations, subject to the concurrent review and appeal provisions contained in Section 17.12.090, Consideration of Concurrent Applications, and Section 17.12.140, Appeals of an Action, of this title.

3.

New Buildings Without Tenants. If the type of tenants that will occupy a nonresidential building, or the nonresidential portion of a mixed-use building, is not known at the time the new building is being proposed, the number of parking spaces required for the nonresidential uses will be determined through the

discretionary review process. Through the discretionary review process, conditions may be placed on the type of future tenant allowed to ensure the parking provided for the project will be adequate.

4.

Mixed-Use Sites. When several uses/businesses occupy a single structure or parcel, the total parking required shall be the sum of the requirements for each individual use, except as otherwise provided in Subsection (A)(5), Mixed-Function Uses, below, and Section 17.64.120, Shared Parking, in this chapter.

5.

Mixed-Function Uses. When a building or tenant space is occupied by a single use, but the use contains several functions, such as sales, office and storage, parking spaces shall be provided based on the gross floor area of occupied tenant space(s), as required in Table 17.64.050, Number of Parking Spaces Required. Exceptions: Exceptions to this requirement may be granted by the City Planner for buildings or tenant spaces which meet one of the following criteria:

a.

One of the functions is a restaurant.

b.

Each function generates significant parking demand so parking requirements should be applied to each function individually.

6.

Alterations of Use.

a.

For changes of use when the required number of parking spaces is not provided. refer to Chapter 17.72.060.C.2, Changes of Use, of this Title.

b.

Parking spaces are waived per Section 17.64.125, Waivers of Parking Requirements.

c.

Uses are proposed in Mixed Use Zoning districts within the Central Business Overlay, the number of offstreet parking spaces shall be provided for an alteration of use or addition of square footage based on the net increase in parking spaces required for the alteration or addition of square footage. For example, if an existing retail establishment currently requiring four parking spaces wishes to convert to a restaurant requiring seven parking spaces, the net increase in parking requirements is three spaces. To be permitted by the City, the restaurant in this example would have to be able to cover the net increase of three parking spaces.

Rounding of Numbers. When the required number of parking spaces is other than a whole number, the total number of spaces shall be rounded up to the nearest whole number, unless otherwise provided for in this title. Exceptions in this title include provisions: 1) for mixed-use projects on lots of 6,000 square feet or smaller and requiring less than 5 parking spaces, Section 17.40.050(C)(1)(d), Total Parking Space Requirement for Mixed-use Projects on Lots 6,000 square feet or smaller, of this title; and 2) for three or more dwelling units on a single lot in Table 17.64.050, Number of Parking Spaces Required, of this title.

8.

More than One Parking Ratio. Where more than one parking ratio is shown for a particular use, the required number of spaces shall be the total of all ratios shown. For instance, the parking requirement for bed and breakfast inns is "1 per unit, 2 for the owner's unit." The total parking requirement for a bed and breakfast inn is the sum of the required parking for the units and two spaces for the owner's unit.

B.

Number of Parking Spaces Required. .....The number of off-street parking spaces required for various land uses shall be as listed in Table 17.64.050, Number of Parking Spaces Required, except for those listed in Chapter 17.28, Special Uses. Unless otherwise indicated, the parking requirements are for square feet of gross floor area occupied by the use and, in the case of nonresidential uses, include the parking required for customers and employees. Exception: Where a portion of a structure is used for automobile parking, that portion shall not be counted in calculating the required parking for the structure. If parking is eliminated and the space is occupied by another use, parking shall be required for the use as indicated for the use in this chapter.

Table 17.64.050 - Number of Parking Spaces Required

(Ord. 1252 §§ 14—16, 2001; Ord. 1190 §§ 12—14, 1997; Ord. 1182 § 16, 1997; Ord. 1172 § 3 (part), 1996; Ord. No. 1524, § 9, 12-7-2010; Ord. No. 1548, § 3(Exh. C, § 13), 3-6-2012; Ord. No. 1561, § 3(Exh. A, §§ 24 —26), 11-27-2012)

(Ord. No. 1575, § 3(Exh. A, § 12), 12-3-2013; Ord. No. 1622, § 11, 5-17-2016; Ord. No. 1652, § 4, 5-152018; Ord. No. 1668, § 2, 3-5-2019; Ord. No. 1707, § 3, 2-2-2021)

17.64.060 - Design Standards for Off-Street Parking Facilities.

According to requirements in this section and the City Engineering Division's technical standards, parking design standards are as follows, except as otherwise provided for in Section 17.64.125, Waivers of Parking Requirements, or Section 17.64.070, Disabled Accessible Parking Spaces.

A.

Parking Space Size.

Garages or carports that contain four or fewer parking spaces. Parking spaces shall be a minimum of nine feet wide and minimum length of 19 feet in residential garages or carports that contain four or fewer

parking spaces and do not include circulation elements such as driveway aisles, but consists primarily of parking spaces.

2.

Other garages. Please refer to the City of San Clemente Engineering Division's Technical Standards for parking space size requirements for all other parking spaces.

B.

Parking Setbacks. .....All parking spaces, whether covered or required or otherwise, shall be subject to the setback restrictions for accessory buildings in the zone in which the parking area is located, except for the following exceptions in residential zones:

1.

Setback for Street-Facing Garages or Carports. The minimum setback for a street-facing garage or carport shall be 20 feet, when standard garage doors are provided, and 18 feet, when roll-up garage doors are provided. In zones where the minimum setback for a street-facing garage or carport listed is greater than 18 feet or 20 feet, the more restrictive requirement shall apply. This requirement shall only apply to garages where parking would be allowed in the driveway, in accordance with Section 17.64.030(C), Location of Residential Parking, Permitted, of this chapter.

2.

Vehicle Parking. In residential zones, vehicles may be parked in the front yard setback area in driveways, as provided for in Section 17.64.030(C), Location of Residential Parking, Permitted.

3.

Setback for Alley-Facing Garages, Carports, or Parking Spaces. When a detached garage or detached carport opens to an alley, or when parking spaces back into alleys, the setbacks shall conform the technical specifications approved by the City Engineer for parking spaces backing into alleys.

C.

Landscaping. .....Landscaping shall be provided for the following outdoor parking facilities—parking lots, all nonresidential parking areas, and outdoor residential parking areas of 10 or greater parking spaces—in compliance with the following standards:

1.

All landscaping with parking lots shall be located in planter areas which are bounded by concrete curbing. All required curbing for planter areas shall be at least six inches high and six inches wide.

2.

For limitations on the distance a vehicle may overhang a landscaped area, please refer to the City of San Clemente Engineering Division's Technical Standards.

3.

Excluding curbing, all required planter areas shall be at least four feet wide and at least 25 square feet in area. Each planter shall be supplied with appropriate irrigation.

4.

The landscaping plan for the parking lot shall include a minimum of one canopy tree for every five parking stalls in the parking lot.

5.

Landscaping shall not interfere with the vehicle line of sight while entering or exiting a parking structure.

6.

For nonresidential uses, if parking is between a building and the street, a minimum 10-foot landscaped setback area shall be required between the street and the parking area.

7.

Parking lots shall provide landscaped area in the interior of the parking lot as follows:

Table 17.64.060

Percent of Parking Area to be Landscaped

Landscaping provided in parking areas shall count toward the site landscaping requirements found in Chapter 17.68, Landscape Standards. For requirements for parking lots functioning as a single-use, please refer to Section 17.28.220, Parking Lots, of this title.

D.

Accessibility and Usability. .....All required off-street parking spaces shall be designed, located, constructed and maintained so as to be fully and independently usable and accessible for automobile parking purposes.

E.

Maintenance of Off-Street Parking Facilities.

All parking areas shall be kept clean and free of dust, mud or trash; pavement and striping shall be maintained in a continuous State of good repair.

2.

No storage of dismantled or disabled vehicles is permitted in driveways or open parking areas, unless specifically permitted as a part of site approval.

(Ord. 1190 § 15, 1997; Ord. 1172 § 3 (part), 1996)

(Ord. No. 1575, § 3(Exh. A, § 13), 12-3-2013; Ord. No. 1707, § 3, 2-2-2021)

17.64.070 - Disabled Accessible Parking Spaces.

Disabled accessible parking spaces shall be provided as required by Title 24 of the California State Building Standards Code. Such spaces shall be identified as required below:

A.

By posting a sign depicting profile view of a wheelchair with an occupant in white on a blue background; and

B.

By outlining or painting the stall of space in blue and outlining on the ground in the stall or space in white or suitable contrasting color a profile view depicting a wheelchair with an occupant.

It shall be unlawful for any person having control over an off-street parking facility containing spaces or stalls reserved for the physically handicapped to fail to maintain either sign required by subsection (A) of this section such that the sign(s) cease to clearly and conspicuously provide notice that the stall or space is reserved for physically handicapped persons.

The Americans with Disabilities Act (ADA) also contains parking regulations. For information regarding these standards, please refer to the City's Building Division.

(Ord. 1172 § 3 (part), 1996; Ord. No. 1664, § 45, 9-18-2018)

17.64.080 - Boat, Trailer, and Oversized Vehicle Parking on Residentially Zoned or Developed Properties.

A.

Purpose and Intent. .....The parking restrictions set forth in this section are designed to provide for parking for boats, trailers, and oversized vehicles to improve the appearance and aesthetic values of the City's residential areas and residentially developed properties, and to further eliminate or prevent the occurrence of potential traffic hazards.

B.

Applicability. .....This section shall apply to the parking of all boats, trailers, and oversized vehicles on all residentially zoned and residentially developed properties. With the exception of Subsection (E), Partial-

Screening Required, Subsection (F), Parking Space Surfacing and Maintenance, and Subsection (G)(3), Modifications to the Minimum Height for Partial Screening, this section shall become operative on January 14, 2000. Subsection (F), Parking Space Surfacing and Maintenance, shall become operative on January 14, 2001. Subsection (E), Partial-Screening Required, and Subsection (G)(3), Modifications to the Minimum Height for Partial-Screening, shall become operative on January 14, 2003.

C.

Setbacks.

1.

Standard. All boats, trailers, and oversized vehicles parked on residentially zoned or residentially developed property, including oversized vehicles parked in driveways, shall be parked a minimum of 20 feet from the back of any curb or, if no curb exists, from the edge of any improved street.

2.

Exceptions: This 20-foot setback shall not apply when:

a.

The boat, trailer, or oversized vehicle is parked in any area within a garage or carport or within a legal enclosure or behind a fence or wall which totally shields such boat, trailer, or oversized vehicle from view from the adjacent street; or

b.

The oversized vehicle is required for the daily use of an individual who is disabled, in accordance with Subsection (G)(1) of this section; or

c.

The boat, trailer, or oversized vehicle is parked for temporary loading and unloading, in accordance with Subsection (G)(2) of this section.

D.

Parking in Driveways. .....The only oversized vehicles that shall be allowed to be parked in required driveways shall be oversized vehicles that are self-powered and operable. Boats and trailers shall not be parked in required driveways. For the purposes of this section, the required driveway is that portion of the driveway determined to be required to provide access to the garage, carport, or other legally required offstreet parking area for vehicles on the property, pursuant to the City's driveway standards on file in the Office of the City Engineer.

E.

Partial-Screening Required.

Purpose and Intent. The purpose and intent of this section is to address the potential aesthetic impacts of boats, trailers, and oversized vehicles that are parked outside the required driveway and that are visible from the street. The regulations in this subsection are meant to result in fences, walls, and hedges that partially block the view of boats, trailers, and oversized vehicles from vantage points along street-side property lines of the property on which the boat, trailer, or oversized vehicle is parked. The intent of this subsection is to require partial, and not full screening, from both vertical and horizontal perspectives of the boat, trailer, or oversized vehicle. The screening required by this section is partial from a vertical perspective, because most boats, trailers, and oversized vehicles exceed the maximum height of the fence, wall or hedge required in this subsection. The screening required by this subsection is partial from a horizontal perspective because: (1) this subsection requires screening from views along the street-side property line of the subject property, not along the entire street; and (2) this subsection does not require that fences, walls, or hedges be 100 percent opaque. The City recognizes the desirability, for aesthetic purposes, of allowing a variety of opaqueness and materials to be used to satisfy the fence, wall, and hedge requirements.

2.

Standards. All boats, trailers, and oversized vehicles shall be partially screened by fences, walls, or hedges which comply with City standards, Section 17.24.090, Fences, Walls, and Hedges, and meet the following standards:

a.

Height. Fences, walls, and hedges provided for partial screening shall be six feet in height, unless granted an exception by the Community Development Director, as provided for in Subsection (G)(3) of this section.

b.

Location. The fence, wall, or hedge shall be located between any visible portion of the boat, trailer, or oversized vehicle and the entire length of any street-side property line of the property on which the boat, trailer, or oversized vehicle is located.

c.

Opaqueness. Fences, walls, or hedges must be at least 50 percent opaque, as viewed from a line perpendicular to the fence, wall, or hedge. Open fencing, such as wrought iron, may be used for partial screening, if combined with other materials or plantings to achieve at least 50 percent opacity.

3.

Exceptions. The requirements of this subsection shall not apply when:

a.

The boat, trailer, or oversized vehicle is parked in any area within a garage or carport or within a legal enclosure or behind a fence or wall which totally shields such boat, trailer, or oversized vehicle from view from the adjacent street; or

b.

The oversized vehicle is located entirely on the required driveway, in accordance with Subsection D of this section. When an oversized vehicle is located partially on the required driveway, the entire oversized vehicle shall be partially screened in accordance with the provisions of this subsection; or

c.

The oversized vehicle is required for the daily use of an individual who is disabled, in accordance with Subsection (G)(1) of this section;

d.

The boat, trailer, or oversized vehicle is parked for temporary loading and unloading, in accordance with Subsection (G)(2) of this section.

F.

Parking Space Surfacing and Maintenance. .....All parking spaces for boats, trailers, and oversized vehicles, shall be:

1.

Covered with an all-weather surface, as deemed appropriate by the City Planner; and

2.

Kept clean and free of dust, mud, and trash. Surfacing shall be maintained in a continuous state of good repair, as determined by the City Planner.

G.

Exceptions.

1.

Vehicles for the Disabled. Vehicles displaying license plates or placards issued pursuant to Vehicle Code Section 5007, 22511.55 or 22511.59 shall be exempt from the setback and partial-screening provisions of this Section (Subsections (C) and (E)). The requirements contained in subsections C and E shall not be applicable to any vehicles which meet both of the following requirements:

a.

The vehicle is properly displaying a disabled persons special identification license plate issued under Vehicle Code Sections 5007, 22511.55 or 22511.59; and

b.

The owner has filed with the City Clerk of the City of San Clemente written authorization from a duly licensed medical doctor noting that the oversized vehicle is reasonably necessary to accommodate the individual's daily needs.

Temporary Parking for Loading and Unloading. Boats, trailers, and oversized vehicles parked in a driveway for the purpose of loading and unloading shall be exempt from the setback requirements (Subsection (C)) and partial screening requirements (Subsection (E)) of this section for a maximum of six round-trips per calendar year. It is the intent of this subsection that the provisions for loading and unloading be granted solely for boats, trailers, and oversized vehicles, owned or rented by the residents of the property on which the boat, trailer, or oversized vehicle, is being parked. For the purpose of this section, a round-trip shall mean one 48-hour period for the loading of the boat, trailer, or oversized vehicle, and one 48-hour period for the unloading of the boat, trailer, or oversized vehicle. With the exception of RV Parking Extension Roundtrips allowed in Section 10.28.230 of the Municipal Code, no two round-trips shall be allowed within a three-day period. At the expiration of each 48-hour period, the boat, trailer, or oversized vehicle, shall be moved to a location that complies with all the provisions of this section.

3.

Modifications to the Minimum Height for Partial Screening. The minimum fence, wall, or hedge height for partial screening may be reduced to 42 inches with the approval of the Community Development Director, if the Community Development Director determines that all of the following conditions are met:

a.

The boat, trailer, or oversized vehicle is located on an area of the lot which does not permit fences over 42 inches in height, in accordance with the height limits for fences, walls, and hedges found in Section 17.24.090(B), Standards; and

b.

Location of the boat, trailer, or oversized vehicle to an area of the lot which would allow partial-screening that is six feet tall would be impractical or economically infeasible, that is, it would impose costs on the applicant which are excessive in light of the purchase costs of the boat, trailer, or oversized vehicle; and

c.

The applicant's inability to satisfy the minimum height requirements for partial screening 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.

(Ord. 1235 § 3, 1999: Ord. 1172 § 3 (part), 1996)

Duplexes which meet parking requirements with tandem parking spaces shall comply with the following requirements:

A.

Curb Break. No greater than a 16-foot curb break shall be provided. Any deviation from this width shall be subject to a minor exception permit, in accordance with Section 17.16.090, Minor Exception Permits, of this title, with concurrent approval from the City Engineer.

B.

Garage Size, Minimum. A minimum two-car garage not less than 18 by 38 feet shall be provided.

C.

Setbacks for Parking.

1.

Setback for Uncovered Parking. All uncovered parking spaces shall meet a minimum front yard setback of 18 feet.

2.

Setback for All Covered Parking. All covered parking shall comply with the setbacks for street-facing garages and/or carports listed in Section 17.64.060(B), Parking Setbacks, of this title.

• (Ord. 1304 § 31, 2005; Ord. 1172 § 3 (part), 1996)

17.64.100 - In-Lieu Certificates for Off-Street Parking.

A.

Sale of In-Lieu Certificates. .....The City Council may authorize the sale of in-lieu certificates for off-street parking to owners of the property who make the showing required under Subsection (B), Required Showing, of this section. The City Council shall adopt a resolution or resolutions creating in-lieu parking districts within the City, setting forth both the boundaries of such districts and the applicable in-lieu fee within each district. Such fees shall be based upon the cost of providing the necessary parking facilities within the applicable district. The boundaries of each district and the fee for the in-lieu certificates therein may be adjusted from time to time as the City Council sees fit.

B.

Required Showing. .....The applicant shall show to the satisfaction of the City Council that the sale of in-lieu certificates is necessary because there is not available space to provide the requisite amount of off-street parking and the project cannot be reasonably redesigned to accommodate such parking without extreme hardship. The owner of the property for which the parking certificate(s) is approved shall be required to purchase and retain one certificate for each required parking space not provided in accordance with the minimum requirements of the San Clemente Zoning Ordinance. All certificates purchased shall run with the property and shall not be transferable to another property.

C.

Use of Funds. .....All moneys paid for certificates shall be deposited with the City and expenditures from the fund shall be used solely to purchase land and make improvements for public parking within the in-lieu district from which the money was obtained.

D.

Method of Sale. .....The City Council shall have the right to authorize the sale of in-lieu certificates subject to the following minimum requirements:

1.

Where four or fewer certificates are to be purchased, a minimum cash down payment equal to the value of one-half space shall be made, with the balance to be paid in equal monthly, quarterly or annual payments over a maximum period of five years;

2.

Where five or more spaces are to be purchased, a minimum cash down payment equal to the value of one space shall be made, with the balance to be paid in equal monthly, quarterly or annual payments over a maximum period of 10 years;

3.

The owner shall post a bond, a letter of credit, or a lien on the property for the balance of the certificates purchased as determined by the City;

4.

Interest shall accrue on the unpaid balance of the in-lieu parking fee at the rate of 10 percent per annum, which percentage may be adjusted by resolution of the City Council as necessary; or

5.

Commercial development purchasing five or more in-lieu certificates may pay for such certificates in 108 equal monthly installments at a one percent annum interest rate by entering into an agreement with the City. Owners shall enter into the agreement prior to the issuances of the Building Permit, or if no Building Permit is required, prior to the commencement of business at the proposed location. The obligation to pay shall commence on the first day of the month directly following the date the owner commences operations.

(Ord. 1172 § 3 (part), 1996)

Where permitted by this chapter, parking required for nonresidential uses may be provided off-site, within 1,000 feet of a use, through the execution of a legal document. The document shall comply with the following restrictions:

A.

The agreement shall restrict the use of the land on which the off-site parking is located for the duration of the use for which that parking is provided;

B.

The agreement shall be executed by the owner of the property on which the parking is located. Only the property owner may enter into these agreements; and

C.

The agreement shall be submitted for the review and approval of the City Attorney; and

D.

Following its approval of a Minor Conditional Use Permit pursuant to Section 17.16.070, the agreement shall be recorded by the applicant and a copy furnished to the Community Development Department when applying for a permit, for inclusion in any related discretionary application files and the Building Division address files.

(Ord. 1172 § 3 (part), 1996)

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

In all nonresidential and mixed-use zones, private parking facilities may be shared by multiple uses whose activities are not normally conducted during the same hours, or when hours of peak use vary. The applicant shall have the burden of proof for a reduction in the total number of required off-street parking spaces.

A.

Review Requirements.

1.

Existing Buildings with Change of Use [Except a Change to a Mixed Use (Residential/Commercial on the Same Site)]. Shared parking may be granted through the approval of a Minor Conditional Use Permit, in compliance with Section 17.16.070, Minor Conditional Use Permits.

2.

New Mixed Use (Residential/Commercial on Same Site) Buildings. Shared parking may be granted through the approval of a Minor Conditional Use Permit, in compliance with Section 17.16.070, Minor Conditional Use Permits.

3.

All Other Projects. Shared parking may be granted through the approval of a Conditional Use Permit, in compliance with Section 17.16.070, Minor Conditional Use Permits.

B.

Requirements.

1.

Evidence shall be submitted that demonstrates shared parking will not result in inadequate parking. Applicants shall submit a parking study that provides an analysis of available and used parking spaces based on parking counts taken at certain time intervals and days to verify parking usage patterns. The City

Planner determines if parking studies are adequate and has the authority to decide which parking analysis methods and counting is necessary to verify parking patterns.

a.

Downtown Parking Study Area. At a minimum, for shared parking in the Downtown Study Area, parking studies shall be conducted for two weeks with parking counts taken every hour on Thursday and Saturday each week.

2.

Shared parking facilities shall not be located further than 300 feet from any structure or use served. Exception: In the case of the Downtown Parking Study Area, this distance may be increased to 500 feet.

3.

Prior to the use being initiated, a written agreement shall be reviewed by the City Attorney and executed by the property owner to assure the continued availability of the shared parking spaces for the life of the development.

4.

In the case of mixed-use projects, any parking for the residential component of the project that exceeds the minimum of two per dwelling units may be considered for shared parking.

C.

Findings.

1.

Given the specific conditions of the site and the adjacent area, the shared parking arrangement will not result in inadequate parking; and

2.

The number of parking spaces required for the site, in accordance with Section 17.64.050(B), Number of Parking Spaces Required, is provided through the shared parking arrangement, based on varied hours of operation and/or combinations of peak and oft-peak uses. Exceptions: The following findings may be substituted for this finding in the specific situations described below:

a.

In the case of sites/projects that are already nonconforming as to the number of parking spaces provided, the following finding may be made:

The shared parking arrangement does not intensify the nonconformity, and/or any intensification can be accommodated because of varied hours of operation and/or combinations of peak and off-peak uses.

b.

In the case of the Downtown Parking Study Area, the following finding may be made:

The number of spaces to be shared has been demonstrated to be physically available (not occupied) for the proposed use(s), during the hours of operation of the proposed use(s).

(Ord. 1308 § 15, 2006; Ord. 1190 § 16, 1997: Ord. 1182 § 15, 1997; Ord. 1172 § 3 (part), 1996)

(Ord. No. 1594, § 3(Exh. A, § 39), 5-5-2015; Ord. No. 1759, § 3(Exh. A), 10-3-2023)

17.64.125 - Waivers of Parking Requirements.

A.

The Downtown Parking Study Area.

1.

Purpose and Intent. The Parking Waiver Program for the Downtown Parking Study Area is designed to serve the unique characteristics of this area which influence parking demand. The Parking Study Area contains a significant number of public parking spaces which absorb the overflow parking from private parking lots and substitute for private parking. In addition, the existing mix of land uses is varied, with retail and office uses, public services, service-oriented businesses and some residential uses. The variety of land uses in the area, the incorporation of residential uses into commercial projects, the varied peak parking demand periods that they create, their proximity to one another, and the pedestrian-orientation of the area result in a shared or joint-use of the available public parking. All of these factors reduce the parking demand from that experienced by many types of commercial areas. A parking study completed in 1995, on which this program is partially based, confirmed the unique parking circumstances in the Downtown Parking Study Area.

The Parking Waiver Program was developed to address the reduced parking demand experienced within the study area. The program has been designed so that waivers are not automatic; rather, they require discretionary action on the part of the City. Waivers are to be granted based on the availability of public parking near the proposed project and on the project's contribution to the pedestrian atmosphere of the Downtown Parking Study Area. The availability of private parking near a project is not a basis for granting waivers. In the development of this program, the City recognizes that each block within the Parking Study Area is unique, with its own set of circumstances related to public parking availability, parking demand, pedestrian-orientation and mix of uses. These individual circumstances shall be taken into consideration when waivers requests are evaluated.

Property owners in the Downtown Parking Study Area (see Figure 17.64.125, Downtown Parking Study Area) may request waivers of their off-street parking requirement for nonresidential development in accordance with the provisions found in this section.

Figure 17.64.125

==> picture [384 x 512] intentionally omitted <==

2.

Review Requirements.

a.

Waivers for Alterations of Use. Waivers of the parking requirements for alterations of use, except for outdoor dining, may be allowed by the following authorities, subject to the concurrent review provisions of Section 17.12.090, Consideration of Concurrent Applications, and the findings in Subsection (A)(3) of this section, through the indicated applications:

Table 17.64.125(A)

Review Requirements for

Waivers for Alterations of Use

b.

Waivers for Outdoor Dining, Additions and New Structures. The waiver of some or all parking requirements for outdoor dining, additions to existing structures, and new structures shall be reviewed by the approval body required to review other aspects of the outdoor dining facility, addition or new structure, in accordance with Chapter 17.16, Applications, of this title and subject to the findings of Subsection (A)(4) of this section. An application for a waiver shall be filed and processed in the following manner:

i.

When only ministerial, City Planner, or Community Development Director review of the project is required, the parking waiver shall be reviewed by the Community Development Director through the plan check process.

ii.

When Zoning Administrator review of the project is required, the applicant shall process and obtain a Minor Conditional Use Permit, in accordance with Section 17.16.070, Minor Conditional Use Permits, of this title, for the parking waiver request.

iii.

When Planning Commission review of the project is required, the applicant shall process and obtain a Conditional Use Permit, in accordance with Section 17.16.060, Conditional Use Permits, of this title, for the parking waiver request.

3.

Limitations on Waiver Requests.

a.

For the Downtown Parking Study Area. The City may approve up to 90 parking waivers in the Downtown Parking Study Area. Parking waivers may be granted for alterations of use and new nonresidential development. After 90 waivers have been granted, the City shall consider whether an additional parking study is necessary to assure that granting of an additional 90 waivers, for a total of 180, will not create inadequate parking in the study area. For the most recent count on parking waivers available, contact the Planning Division.

b.

For an Individual Project Site. The City may approve parking waivers for an individual project site, subject to the following limitations:

i.

No project site may be granted more than 10 parking space waivers.

ii.

The limitation on the total number of waivers which the City may grant to an individual project site is cumulative, beginning with the effective date of this amendment to the City's Zoning Ordinance.

iii.

Should the use or addition for which the parking waiver is granted be terminated or demolished, the parking waivers shall revert back to the City and shall be available for granting by the City to other projects.

iv.

Prior to the granting of any waivers, the findings outlined in Subsection (A)(4) shall be made.

4.

Findings. Prior to the administrative approval by the Community Development Director or approval of a Minor Conditional Use Permit or Conditional Use Permit for a waiver of parking requirements, all of the following findings shall be made in addition to any general findings required for the appropriate permit:

a.

No more than 180 parking space waivers have been granted in the Downtown Parking Study Area since the effective date of this amendment to the City's Zoning Ordinance;

b.

There is currently adequate parking to support the change of use and/or development and provide adequate beach parking within the study area;

c.

The City Council has approved an interim parking study for the Downtown Parking Study Area that shows the occupancy of the parking spaces in the study area is 90 percent or less during daylight hours, on summer weekends;

d.

Public parking is available in close proximity to the project site; and

e.

The project receiving waivers: 1) improves pedestrian access to and from alleys and streets within the Downtown Parking Study Area to the extent feasible and commensurate with the scale of the project; or 2) the project contains both nonresidential and residential uses and, therefore, promotes shared parking and pedestrian activity within the area.

B.

Outside the Downtown Parking Study Area. .....Waivers of the parking requirements for the uses contained in the following table may be approved, subject to the approval of the indicated permits:

(Ord. 1304 § 32, 2005; Ord. 1252 §§ 17 and 18, 2001; Ord. 1190 §§ 17, 18, 1997)

(Ord. No. 1594, § 3(Exh. A, § 40), 5-5-2015)

CHAPTER 17.68 - LANDSCAPE STANDARDS

The purpose of this chapter is to establish landscaping standards for private property that enhance the appearance of developments, increase the compatibility between different land uses, reduce the heat and glare generated by development, and protect public health, safety and welfare by minimizing the impacts of soil erosion, visual pollution, and promoting water conservation on private and public land.

(Ord. 1172 § 3 (part), 1996; Ord. No. 1707, § 3, 2-2-2021)

A.

Applicability of Standards.

1.

New Development. The standards in this chapter apply to all nonresidential, mixed-use, and residential development proposed after the effective date of this title, March 21, 1996, with the exception of those

projects exempted from this title in accordance with Section 17.04.030(C), Exempt Projects.

2.

Existing Development. All development existing prior to the effective date of this title, March 21, 1996, shall comply with the maintenance requirements in Section 17.68.060, Maintenance Requirements. Existing development shall comply with the standards in Section 17.68.040, General Landscaping Requirements, and Section 17.68.050, Landscaping Requirements for Specific Zones, in the following manner:

a.

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

b.

Existing Development Requiring Administrative Review. Existing development which requests improvements or a change of use through an administrative process shall be reviewed for compliance with the general and specific standards contained in Sections 17.68.040, General Landscaping Requirements, and 17.68.050, Landscaping Requirements for Specific Zones, of this chapter, if the owner of a property is adding square footage onto an existing building in excess of 50 percent of the building's existing square footage or causing a change of use for the property.

c.

Other Existing Development. Other development shall be exempt from compliance with the standards contained in Sections 17.68.040, General landscaping requirements, and 17.68.050, Landscaping Requirements for Specific Zones, of this chapter.

B.

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

Preliminary Landscaping Plans. A preliminary landscaping plan shall be submitted as part of a discretionary application for development, in accordance with Section 17.12.040, Filing an Application, of this title.

2.

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

(Ord. 1314 §§ 58—59, 2006; Ord. 1172 § 3 (part), 1996; Ord. No. 1707, § 3, 2-2-2021)

The following are City documents containing information regarding landscape requirements or guidelines:

A.

City of San Clemente General Plan and Other Documents. Please refer to Section 17.04.070, Relationship to Other City Documents, of this title, for a description of the General Plan, Urban Design Guidelines, Master Landscape Plan for Scenic Corridors, and Hillside Development Ordinance.

B.

Specific and Master Plans. Please refer to Section 17.04.070, Relationship to Other City Documents, of this title, for a description of the City's specific and Master Plans. Regulations and guidelines related to landscaping can be found in Chapters 2, 3 and 5 of the specific plans, except for the Pier Bowl Specific Plan, where regulations and guidelines can be found in Chapters 4 and 10.

C.

Zoning Ordinance, Parking and Sign Chapter. Please refer to Chapter 17.64, Parking and Access Standards, and Chapter 17.84, Sign Regulations, of this title, for landscaping requirements relating to parking areas and signs.

D.

City of San Clemente Guidelines and Specifications for Landscape Development. This document provides the guidelines for plans for landscape development in the City. The document includes a section on plan preparation, materials and installation and maintenance.

(Ord. 1172 § 3 (part), 1996)

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

Beaches, Parks and Recreation Department should be consulted for general landscape requirements for public property.

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

A.

Living Plant Materials. Landscaping shall consist primarily of drought tolerant living plant material. Hardscape improvements shall not be counted toward fulfilling the required landscape.

B.

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

C.

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

D.

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

E.

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

F.

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

G.

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

H.

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

I.

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

(Ord. 1172 § 3 (part), 1996)

(Ord. No. 1652, § 4, 5-15-2018; Ord. No. 1707, § 3, 2-2-2021)

17.68.050 - Landscaping requirements for specific zones.

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

A.

Residential Zones.

1.

Residential Uses. All residential uses shall comply with the following standards:

a.

Minimum landscaping for front yard setback areas for single-family development. 50 percent of the front yard setback area shall have a surface that remains permeable and is to be landscaped and permanently maintained, as provided for in Sections 17.68.040, General Landscaping Requirements, and 17.68.060, Maintenance Requirements, of this chapter. Exceptions: On lots with lot width 40 feet or less, 45 percent of the front yard setback area shall have a surface that remains permeable and is to be landscaped and permanently maintained, as provided for in Sections 17.68.040, General Landscaping Requirements, and 17.68.060, Maintenance Requirements, of this chapter.

Exceptions may be granted with the approval of a Minor Exception Permit, in accordance with Section 17.16.090, of this title. In addition to the general findings required for specific permits, one of the following findings shall be made prior to the approval of a Minor Exception Permit:

i.

The project incorporates a driveway design that aesthetically improves the property beyond the required landscaping requirements of the Zoning Ordinance; or

ii.

Due to special circumstances applicable to the subject property including size, shape, topography, location or surroundings, the strict application of the Zoning Ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity under identical zone classifications.

b.

A minimum of one 15-gallon tree or equivalent, as approved by the City Planner, per 25 lineal feet of street frontage shall be planted in the front yard setback area; and

c.

Minimum landscaping for front yard setbacks for all other residential development. All setback areas visible from a public street, with the exception of the minimum areas necessary for entry sidewalks and parking (including driveways and required parking spaces), shall have a surface that remains permeable and is to be landscaped and permanently maintained, as provided for in Sections 17.68.040, General Landscaping Requirements, and 17.68.060, Maintenance Requirements, of this chapter.

Figure 17.68.050

Minimum landscaping for front yard setbacks for all other residential development.

==> picture [408 x 448] intentionally omitted <==

d.

For landscaping requirements for parking areas or lots, refer to Section 17.64.060(C), Landscaping, and Section 17.28.220, Parking Lots, of this title. Parking lot landscaping shall count toward the total landscaping requirements for a development site;

e.

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

2.

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

B.

Commercial Zones. All uses in commercial zones shall comply with the following standards:

1.

A minimum of one 15-gallon tree or equivalent, as approved by the City Planner, per 25 lineal feet of street frontage shall be planted on the site; and

2.

The following minimum amount of landscaping shall be provided for an individual development site:

Table 17.68.050

Landscaping as a Percent of Gross Lot Area

3.

For landscaping requirements for parking areas or lots, refer to Section 17.64.060(C), Landscaping, and Section 17.28.220, Parking Lots, of this title. Parking lot landscaping shall count toward the total landscaping requirements for a development site;

4.

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

C.

Mixed-Use Zones.

1.

Mixed Use Zones except MU 5. All developments in the MU zones except MU 5 shall comply with the following landscaping standards:

a.

A minimum of one 15-gallon tree or equivalent, as approved by the City Planner, per 25 lineal feet of street frontage shall be planted on the site; and

b.

Urban Open Area Requirement. Landscaping requirements have been combined with open area requirements for this zone to allow the creation of urban open areas, such as courtyards, pedestrian walkways, outdoor seating areas and pedestrian walkways, accentuated with landscaping. The following are urban open area requirements for developments in the MU3 zone:

Exceptions to these requirements may be granted through the approval of a Conditional Use Permit in accordance with Section 17.40.050(C), Exceptions to the Development Standards for Lots of 12,000 Square Feet or Smaller, MU3 Zone, of this title.

c.

For landscaping requirements for parking areas or lots, refer to Section 17.64.060(C), Landscaping, and Section 17.28.220, Parking Lots, of this title. Parking lot landscaping shall count toward the total landscaping requirements for a development site.

d.

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

2.

MU 5.

a.

Residential uses in MU 5 shall comply with the landscaping standards for residential uses found in subsection A.1, Residential Uses, of this section.

b.

Nonresidential uses in MU 5 shall comply with the landscaping standards for the NC 2 zone in subsection B., Commercial Zones, of this section.

(Ord. 1314 §§ 60—64, 2006; Ord. 1252 § 19, 2001; Ord. 1172 § 3 (part), 1996)

(Ord. No. 1652, § 4, 5-15-2018)

The following standards shall be required of all development, new and existing:

A.

Maintenance of Landscape. .....All landscaped areas shall be maintained in an orderly, attractive and healthy condition. This shall include proper pruning, mowing of turf areas, weeding, removal of litter, fertilization, replacement of plants when necessary, and the regular application of appropriate quantities of water to all landscaped areas.

B.

Irrigation Systems Maintenance. .....All irrigation systems shall be maintained in proper operating condition and, if applicable, adhere to the City's approved maximum applied water allowance. Waterline breaks, head/emitter ruptures, overspray or runoff conditions and other irrigation system failures shall be repaired immediately.

(Ord. 1172 § 3 (part), 1996)

(Ord. No. 1707, § 3, 2-2-2021)

CHAPTER 17.72 - NONCONFORMING STRUCTURES AND USES[[7]]

Footnotes:

--- ( 7 ) ---

Editor's note— Ord. No. 1548, § 3(Exh. A, § 1), adopted March 6, 2012, amended Ch. 17.72, in its entirety, to read as herein set out. Prior to inclusion of said ordinance, Ch. 17.72 pertained to similar subject matter. See also the Code Comparative Table and Disposition List.

A.

Purpose. .....This chapter regulates Nonconforming Structures and Uses that were lawfully established, but that are prohibited, regulated, or restricted differently by existing requirements.

B.

Intent.

1.

The City intends that Nonconforming Structures and Uses be made to comply with the General Plan, any applicable Specific Plan, and zoning requirements to promote the public health, safety, and general welfare.

The City encourages improvements to Nonconforming Structures to increase their compatibility with surrounding properties, enhance the quality of development, and to have structures and land uses become conforming over time.

(Ord. No. 1548, § 3(Exh. A, § 1), 3-6-2012)

Definitions of terms used in this Chapter are below, except that definitions of terms related to Mobilehome Parks and Mobilehomes are located in the State laws and regulations, including without limitation, Mobilehome Parks Act, California Health and Safety Code §§ 18200 et seq.; Manufactured Housing Act, California Health and Safety Code §§ 18000 et seq.; and California Code of Regulations, Title 25, §§ 1000 et seq., as amended from time to time.

A.

"Accident" means an event that damages or destroys property and/or development, including, but not limited to: earthquakes, fires, floods, other natural disasters, social conflict, and acts of war or other actions not taken by a property owner. Events shall be excluded from being "accidents" if they are illegally or voluntarily caused by a property owner. Termite, mold, or other pest damage is considered an accident.

B.

"Addition" means an increase to the floor area of a nonconforming structure.

C.

"Interior Addition" means an addition that is not visible on the exterior of a structure, does not move exterior walls, and/or is entirely below the grade of a project site (e.g. loft additions, crawlspace conversions, basement additions).

D.

"Interior Alteration" means an alteration that is not made to the exterior materials, finish, design, size, shape, massing, location, configuration, or other exterior characteristics of structures.

E.

"Living Area." Please refer to definition in Municipal Code Section 17.88.030.

F.

"Minor Exterior Alteration" means an alteration to the exterior finish, architectural details, and building materials of nonconforming structures, excluding alterations to the structural frame of exterior walls and roofs. Examples of minor architectural alteration projects include but are not limited to: changing building materials, changing colors and finishes of materials; replacing wood/aluminum windows for vinyl windows, installing doors and windows in new openings; and modifying the color and type of guardrails.

G.

"Major Alteration" means an alteration to the structural frame of exterior walls and roofs.

H.

"Nonconforming Accessory Structure." See definitions of "Nonconforming Structure" in this section and "Structure, Accessory" in Municipal Code Section 17.88.030.

I.

"Nonconforming Building." See definitions of "Nonconforming Structure" in this section, and definitions of "Building, Primary" and "Building, Accessory" in Municipal Code Section 17.88.030.

J.

"Nonconforming Structure" means a structure that was lawfully constructed, according to the development standards that were in effect at the time the applicant obtained a vested right to develop the structure, but the structure no longer is in compliance with development standards required in this title, including, but not limited to: floor area ratio, height, lot coverage, number of required parking spaces, parking design standards, and setbacks [see Section 17.72.030(C)(2) for structures that are exempt from nonconforming structure requirements in this chapter].

K.

"Nonconforming Use" means a land use that was lawfully established according to land use requirements that were in effect when the use was initiated, and any of the following criteria apply [see Section 17.72.030(C)(3) for land uses that are exempt from nonconforming use requirements in this chapter].

a.

The use is not consistent with the purpose and intent of the zoning district in which the use is located.

b.

The use is specifically prohibited or is not identified and interpreted to be a permitted or conditionally permitted use of the zoning district in which the use is located.

c.

The use does not provide the number of parking spaces required in this title.

d.

The use does not have an entitlement required by this title to establish the existing use.

L.

"Nonconformity" means a portion of a structure, site, or use that does not comply with requirements in this title.

M.

"Primary Structure." See definition of "Nonconforming Structure" in this section and definition of "Building, Primary" in Municipal Code Section 17.88.030.

N.

"Repair" means the refinishing, restoring, reinstalling, or replacing building materials to maintain a structure. Repairs exclude the replacement of: accident damage, the structural frame of exterior walls or roofs, and accessory structures. Examples of repair projects include, but are not limited to: replacing siding, replacing existing paint colors and exterior finishes, replacing drywall or stucco on exterior walls; and replacing roof tiles, roof sheathing, and roof weather proofing.

O.

"Replacement" means the act of partially or entirely reconstructing or rebuilding a structure to the condition that existed before construction work is initiated or a structure is damaged by an accident.

P.

"Replacement Cost" means the value of work to replace a structure, according to current City and State of California policies, codes, and guidelines.

Q.

"Residential Accessory Building" means an accessory building for a residential principal use. Also, refer to the definitions of "Building, Accessory" and "Principal Use" in Municipal Code Section 17.88.030.

R.

"Structural Frame" means structural members that are integral to resisting lateral forces and or horizontal or vertical loads, including, but not limited to: joists, beams, studs, blocks, and headers.

(Ord. No. 1548, § 3(Exh. A, § 1), 3-6-2012; Ord. No. 1685, § 4, 12-3-2019; Ord. No. 1707, § 3, 2-2-2021) 17.72.030 - Applicability.

A.

Legal structures and uses. .....This chapter applies to nonconforming structures and uses that have been "lawfully established." Nonconforming Structures and Uses are "lawfully established" when structures are constructed and uses are established with the required and properly issued City approvals and/or permits and are consistent with regulations in effect when nonconforming structures or uses were established.

B.

Exemptions.

State and Federal Law. Structures and land uses are exempt from this chapter if State or Federal law requires structural or site plan alterations to be made that result in a structure becoming nonconforming [e.g. earthquake retrofitting safety standards; the Americans with Disabilities Act (ADA)]. For example, ADA can require a parking space to be widened to improve disabled access. To comply with this requirement, the number of parking spaces may need to be reduced or the parking lot redesigned. A reduction in the number parking spaces can make some structures and uses nonconforming in terms of parking requirements.

2.

Nonconforming Structures. The following structures are exempt from nonconforming structure regulations in this Chapter:

a.

Structures that comply with all zoning requirements except landscape standards.

b.

Single-family dwellings constructed with a single-car garage or carport ("parking structure") in residential zones prior to April 4, 1962 are exempt from being a Nonconforming Structure due to insufficient parking, except when a project removes or alters the single-family dwelling's structural frame in 50 percent or greater of the structure's exterior walls, as described in Section 17.72.050(E). Then, the residence and parking structure shall be made to comply zoning requirements as described in this Chapter.

c.

In-the-bank garages located in residential zones which do not comply with front yard setback regulations.

d.

National, state or locally designated historic structures may be exempted from this Chapter with the approval of a Cultural Heritage Permit in compliance with Section 17.16.100.

3.

Nonconforming Uses. The following land uses are exempt from nonconforming use regulations in this Chapter:

a.

Multiple-family dwellings constructed in the Residential Low Density zoning district prior to April 4, 1962.

b.

Service stations and vehicle service and repair-related facilities are exempt, provided the uses were lawfully established on or before February 4, 2014 (adoption date of General Plan), the uses have not been discontinued more than 365 consecutive calendar days, and the uses meet any of the criteria below:

i.

The service station or vehicle service repair-related use is on property fronting El Camino Real, or fronting other arterial streets defined in Section 17.88.030, or

ii.

The service station use is located on property in gateway areas (identified in the General Plan Urban Design Element) abutting interstate-5 off-ramps and intersections.

c.

Nonconforming uses associated with the historical significance of national, state or locally designated historic structures may be exempted from this Chapter with the approval of a Cultural Heritage Permit in compliance with Section 17.16.110.

d.

Mobile home Parks in compliance with any applicable Conditional Use Permit shall be exempt from all provisions of Chapter 17.72, except as provided in SCMC Subsection 17.72.060.E.

(Ord. No. 1548, § 3(Exh. A, § 1), 3-6-2012; Ord. No. 1652, § 4, 5-15-2018; Ord. No. 1685, § 5, 12-3-2019; Ord. No. 1707, § 3, 2-2-2021; Ord. No. 1759, § 3(Exh. A), 10-3-2023)

17.72.040 - General Requirements.

A.

Proof of legal nonconforming status.

1.

Property owner responsibility. The property owner shall provide evidence to the satisfaction of the City Planner to prove a Nonconforming Structure or Use was lawfully established.

2.

City Planner determination. The City Planner determines whether a Nonconforming Structure or Use was lawfully established.

B.

Code compliance of projects. .....The expansion and alteration of nonconforming structures shall comply with development standards, unless exceptions are granted with the approval of a Minor Exception Permit, Variance, or other provision in this Title.

C.

Determining the safety of structures. .....The City Building Official determines whether a structure is safe for occupancy and use, according to building and safety regulations.

D.

Appeal of administrative decisions. .....City Planner and Community Development Director decisions may be appealed per Section 17.12.140.

(Ord. No. 1548, § 3(Exh. A, § 1), 3-6-2012; Ord. No. 1759, § 3(Exh. A), 10-3-2023)

17.72.050 - Repair, Alteration, and Expansion of Nonconforming Structures.

A.

Applicability of other review procedures. .....This Title may require approval of permits to allow the modification of nonconforming structures according to Chapter 17.16 to ensure projects are consistent with the General Plan, Design Guidelines, and regulations.

B.

Repairs. .....Nonconforming structures may be repaired according to City and State Codes, policies, and guidelines.

C.

Interior alterations. .....The interior of nonconforming structures may be altered.

D.

Minor Exterior Alterations. .....Minor exterior alterations are permitted. Examples of minor exterior

alterations include but are not limited to: changing building materials, changing colors and finishes of materials; replacing wood/aluminum windows for vinyl windows; installing doors and windows in new openings; and modifying the color and type of guardrails.

E.

Removal, replacement, and Major Alteration of Exterior Walls. .....The structural frame of a nonconforming structure's exterior walls may be removed, replaced, or altered as follows:

1.

Nonconforming status may be continued. A nonconforming structure may continue to be nonconforming if a project:

a.

Removes the structural frame in less than 50 percent of a structure's exterior walls.

b.

Alters the structural frame in less than 50 percent of a structure's exterior walls.

2.

Fifty percent or greater of exterior walls removed or altered. The following requirements apply when the structural frame is removed or altered in 50 percent or greater of a structure's exterior walls:

a.

Nonconforming status shall be terminated. Nonconforming structures shall be made to comply with zoning requirements.

b.

Substandard parking in garages and carports. If garages or carports contain required parking for primary buildings (e.g. a house) that do not meet parking requirements (e.g. size, location, number of spaces), the required parking spaces shall be modified to meet zoning requirements.

3.

Measuring exterior walls.

a.

Multiple stories. Exterior walls are measured on all stories.

b.

Units of measurement. Exterior walls are measured in lineal feet.

c.

Calculation. Exterior wall improvements are regulated based on the percentage of exterior walls that are removed or altered. The percentage of improvements is calculated by dividing the total length of exterior walls that are removed or altered by the total length of a structure's exterior walls. This fraction is multiplied by 100. For example, when wood framing is removed from the exterior wall of a wood framed building, then that wall would be counted along the entire length of the area where the wood framing is removed. See Figure 17.72.050 A. for explanation.

Figure 17.72.050 A—Measuring Exterior Walls

==> picture [300 x 164] intentionally omitted <==

Exceptions.

a.

Exception for safety, compatibility, or architectural improvements. Major alterations are not restricted, if the City Planner finds one or more of the following:

i.

The major alterations improve the safety of structures.

ii.

The major alterations improve the compatibility of the structure with the neighborhood.

iii.

The major alterations improve the architecture's compatibility with the City of San Clemente Design Guidelines.

b.

Single-family dwellings less than 1,400 square feet. Nonconforming single-family dwellings with less than 1,400 square feet are exempt from Subsection (2), with the approval of a Minor Exception Permit per Section 17.16.090. For approval, the Zoning Administrator must find: the proposed minor exception permit is necessary for the general appearance of a project to be in character with the neighborhood. The general required findings shall also be met for the approval of a minor exception permit.

F.

Voiding of Minor Exception Permits. .....Minor exception permits allow structures to encroach into required setbacks and for required setbacks to be reduced per Section 17.16.090. Minor exception permits shall be voided if any of the following criteria applies:

1.

A project removes the exterior walls that were allowed to encroach into required setbacks by a minor exception permit.

2.

A project removes 50 percent or greater of a structure's exterior walls.

Figure 17.72.050 B—Voiding of Minor Exception Permits

==> picture [300 x 221] intentionally omitted <==

G.

Removal, replacement, and Major Alteration of Roofs. .....The structural frame of a nonconforming structure's roof may be removed, replaced, or altered as follows:

1.

Roofs which comply with height requirements. Roofs of nonconforming structures may be partially or completely removed, replaced, or altered if their height complies with height requirements.

2.

Over-height roofs. When a nonconforming structure has a roof that does not comply with height

requirements, the roof's height shall be reduced to meet requirements, when 50 percent or greater of a roof's structural frame is removed or altered.

a.

Exception for safety, compatibility, or architectural improvements. Major alterations are not restricted, if the City Planner finds one or more of the following:

i.

The major alterations improve the safety of structures.

ii.

The major alterations improve the compatibility of the structure with the neighborhood.

iii.

The major alterations improve the architecture's compatibility with the City of San Clemente Design Guidelines.

Measuring roofs.

a.

Units of measurement. Roof area is measured in square feet of surface area.

b.

Calculation. Roof improvements are regulated based on the percentage of roof area that is removed or altered. The percentage of improvements is calculated by dividing the square footage of roof area that is removed or altered by the total roof area of a structure. This fraction is multiplied by 100. See Figure 17.72.050 C. for explanation.

Figure 17.72.050 C—Measuring Roofs

==> picture [300 x 159] intentionally omitted <==

H.

Nonconforming Accessory Structures. .....Projects involving nonconforming accessory structures shall comply with the following:

1.

Nonconforming status may be continued.

a.

Less than 50 percent of structures removed. Nonconforming accessory structures (e.g. patio covers, decks, stairways, walls) may continue to be nonconforming when a project removes portions of the accessory structure and the project's value is less than 50 percent of the accessory structure's replacement cost.

b.

Expansion of accessory structures. Nonconforming accessory structures may be expanded and continue to be nonconforming. Expansions shall comply with zoning requirements.

Nonconforming status shall be terminated.

a.

Fifty percent or greater of structures removed. Nonconforming accessory structures shall lose nonconforming status and be made to comply with zoning requirements if a project removes portions of the accessory structure and the project's value is 50 percent or greater of the accessory structure's replacement cost.

b.

Accessory structures attached to Nonconforming Buildings. A nonconforming accessory structure shall be made to comply with zoning requirements if it is attached to a nonconforming building that must be made conforming by this chapter.

3.

Determining project value and structure replacement cost.

A project's value and accessory structure's replacement cost is based on the City's adopted fee schedule for building plan review and inspection, according to project valuations. For purposes of applying the City adopted fee schedule, a structure is considered a "wall" when it supports a roof and a "fence" is a freestanding structure.

I.

Additions.

1.

Less than 50 percent Addition. Nonconforming buildings may be expanded less than 50 percent and continue to be nonconforming if the addition complies with zoning requirements.

2.

50 percent or greater Addition. The following requirements apply when a nonconforming building is expanded by 50 percent or greater.

a.

Nonconforming status shall be terminated. Nonconforming buildings expanded by 50 percent or greater shall be made to conform to zoning requirements, except as follows:

i.

Exception for single-family dwellings less than 1,400 square feet. Nonconforming single-family dwellings, smaller than 1,400 square feet, may be expanded to a maximum of 2,100 square feet and continue to be nonconforming with the approval of a Development Permit (Section 17.16.100) or a Cultural Heritage Permit (17.16.110) for historic resources and landmarks on the City's designated historic resources and landmarks list.

b.

Substandard parking in garages and carports. If garages or carports contain required parking for primary buildings (e.g. dwelling) that do not meet parking requirements (e.g. size, location, number of spaces), the required parking spaces shall be modified to meet requirements, except as follows:

i.

Exception for single-family dwellings less than 1,400 square feet. Nonconforming single-family dwellings, smaller than 1,400 square feet, may be expanded to a maximum of 2,100 square feet without modifying parking, provided that a Minor Exception Permit is approved. For approval, the Zoning Administrator must find: the proposed Minor Exception Permit is necessary for the general appearance of a project to be in character with the neighborhood. The general required findings shall also be met for the approval of a Minor Exception Permit per Section 17.16.090.

3.

Measurement.

a.

Floor area measured. Floor area used to calculate the size of an addition, according to paragraph (b) below is based on the following:

i.

For dwelling units, the living area is used to calculate the size of an addition.

ii.

For residential accessory buildings, floor area includes the interior area of an accessory building measured to the structural members of outermost walls. For example, the floor area of an attached or detached residential garage is measured to the structural frame of the building.

iii.

For nonresidential uses, gross floor area is used to calculate the size of an addition.

b.

Calculation. Additions are regulated by percentages. The percentage of an addition ("or percent added") is calculated by dividing the square footage of an addition's floor area by the square footage of a building's existing floor area. This fraction is then multiplied by 100. See Figure 17.72.050(D) for explanation.

c.

Measurement of multiple projects. If a building has been expanded more than once, regulations are applied based on the total amount of floor area that is added to a building on or after March 21, 1996. For example, if a building is expanded by 10 percent in 1997 and expanded another 20 percent in 1999, then the building has been expanded a total of 30 percent since March 21, 1996.

Figure 17.72.050 D—Measuring Additions

==> picture [300 x 149] intentionally omitted <==

(Ord. No. 1548, § 3(Exh. A, § 1), 3-6-2012; Ord. No. 1561, § 3(Exh. A, §§ 27, 28), 11-27-2012; Ord. No. 1594, § 3(Exh. A, § 41), 5-5-2015; Ord. No. 1707, § 3, 2-2-2021; Ord. No. 1759, § 3(Exh. A), 10-3-2023)

A.

Change of tenancy or ownership. .....Change of management, ownership, or tenancy of a Nonconforming Use shall not affect its nonconforming status provided the use is not expanded, as determined by the City Planner.

B.

Discontinued uses.

1.

Nonconforming Uses. Nonconforming Uses discontinued for more than one-year (365 consecutive calendar days) shall be rebuttably presumed to have been abandoned. Abandoned uses shall be converted to uses that meet zoning requirements.

2.

Nonconforming alcoholic beverage sales. Nonconforming alcoholic beverage sales shall be terminated if the City Planner determines any of the following criteria applies:

a.

The sale of alcoholic beverages is discontinued for more than 90 consecutive calendar days.

b.

The sale of alcoholic beverages is discontinued for more than 180 consecutive calendar days to complete repairs, alterations, or to replace structural damage, according to City approved plans and permits.

c.

The sale of alcoholic beverages is discontinued for any period of time as a result of: a duly conducted abatement proceeding and suspension, a closure ordered by the City of San Clemente or the State of California Alcohol Beverage Control Board, or the order of any court.

3.

Burden to prove a Nonconforming Use may continue.

a.

Property owner responsibility. Property owners, tenants, or their representatives shall have the burden to prove how many consecutive days a use has been discontinued and/or prove a use has not been abandoned.

b.

City Planner determination. The City Planner determines how much time has passed since a Nonconforming Use was discontinued.

C.

Changes of use.

1.

Change to a conforming use. Once converted to a conforming use, a Nonconforming Use shall be not be reestablished.

2.

Change of use when the required number of parking spaces is not provided. A non conforming use may be changed to another use allowed by zoning regulations. When the required number of parking spaces is not provided, one of the following criteria must be met:

a.

The proposed use is required to provide the same number or fewer parking spaces as the existing use.

b.

The proposed use is required to provide more parking spaces than the existing use and parking is being added to meet the required increase. For example, if the existing use requires four spaces and the new use requires eight, four spaces must be added.

c.

Parking spaces will be provided to fully comply with zoning regulations.

3.

Change from prohibited use to a different prohibited use. A Conditional Use Permit is required to replace a prohibited land use with another prohibited land use. For approval, the following findings shall be met in addition to the generally required findings for the approval of Conditional Use Permits per Section 17.16.060.

a.

The proposed use has less impacts upon the neighborhood than the use(s) being replaced, including, but not limited to, impacts upon parking, traffic, neighborhood aesthetics, noise levels, and residential density.

b.

The proposed Nonconforming Use more closely meets the intent of the Zoning Ordinance and the zone in which the Nonconforming Use is located than the use(s) being replaced.

c.

The proposed use is less detrimental to the public welfare and to surrounding properties than the use(s) being replaced.

D.

Expansion of Nonconforming Uses.

1.

Expansion of permitted uses with nonconforming parking. A land use may be expanded if the use is permitted but does not have the required number of parking spaces. To expand, off-street parking spaces shall be added that are equal to or are greater than the number of spaces required for the addition. For example, if two parking spaces are required to add 400 square feet of medical office space, then two parking spaces or more shall be added.

2.

Expansion of prohibited uses. A Nonconforming Use shall not be expanded if the use is prohibited. An expansion includes but is not limited to changes that:

a.

Construct a new structure or increase the gross square footage of an existing structure to increase the floor space that is occupied by a Nonconforming Use.

b.

Install new or expand existing equipment that increases the capacity, function, or output of a Nonconforming Use.

c.

Increase the operating hours of a Nonconforming Use.

d.

Increase the occupancy of a structure.

e.

Increase the parking, noise, traffic, dust, water quality, or other adverse impacts of a Nonconforming Use.

E.

Nonconforming Mobilehome and Mobilehome Park Uses. .....Nonconforming mobilehomes may be replaced, renovated, remodeled, expanded or repaired. New mobilehome accessory structures and utility improvements are permitted. Mobilehome park common areas, roadways, and utility improvements may also be added, repaired, renovated, remodeled, expanded or replaced. All mobilehome and mobilehome park improvements shall comply with state mobilehome statutes, regulations and policies, including, without limitation Mobilehome Parks Act, California Health and Safety Code §§ 18200 et seq.; Manufactured Housing Act, California Health and Safety Code §§ 18000 et seq.; California Code of Regulations, Title 25, §§ 1000 et seq.; as well as federal mobilehome statutes including the National

Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. §§ 5401 et seq. and applicable regulations. SCMC subsections 17.72.030.C.3.d and 17.72.060.E shall control as to Mobilehome Parks and Mobilehomes.

F.

Nonconforming Group Counseling Uses.

1.

Any group-counseling use that is legal nonconforming as of March 1, 2016, is subject to an amortization period of three years.

2.

The owner or operator of a legal nonconforming group-counseling use may apply for an extension of the amortization period by making a written request to the Community Development Director. Such request shall be made before the amortization period ends unless the Community Development Director determines that good cause is shown for late submission of the request.

3.

Upon the conclusion of the amortization period, any legally established nonconforming use shall cease all business operations and all signs, advertising, and displays relating to said business shall be removed within 30 days.

G.

Nonconforming Residential Uses.

STLUs and STARs.

a.

Generally. Any residential use that was legally established and legally operating as of February 2, 2016 (including any legitimate legal and appropriately licensed home occupation and any other legitimate and legal incidental and accessory commercial use) but that is categorized by the provisions of this title as a Short-term Lodging Unit ("STLU") or Short-term Apartment Rental ("STAR") and does not conform to the development standards of Subsections 17.28.292.E. and F. is subject to an amortization period of two years, or until the sale or transfer of the property whichever occurs first, as long as that STLU or STAR is operated according to the operational standards of Subsections 17.28.292.C and D. with a valid STLU operating license under Chapter 3.24 and in accordance with other local, state, and federal law.

b.

Notwithstanding subsection G.1.a. above, the owner of an STLU outside of the RVL and RL zones may, if the owner is in good standing, extend the two-year amortization period to ten years by submitting a complete, written application to extend the amortization period on a form provided by the Director of Community Development within 30 days after -the Director makes extension application forms available to

the public. "In good standing" here means: current on remittance of STLU TOT to the City and with no violation of the City's municipal code, including the TOT ordinance, that was not cured within 30 days of the notice of violation. The Director's decision on amortization-extension applications is ministerial.

c.

Any amortization extension granted under subsection G.1.b above constitutes a use permit that is specific and personal to the STLU owner and does not run with the land, and it terminates upon any sale or transfer of the STLU property as defined in subsection G.3 below.

2.

Boarding Houses. Any residential use that was legally established and legally operating as of May 3, 2016, (including any legitimate legal and appropriately licensed home occupation and any other legitimate and legal incidental and accessory commercial use) but that is categorized by the provisions of this Title as a boarding house is subject to an amortization period of two years or until the sale or transfer of the property whichever occurs first, as long as that boarding house is operated in accordance with other local, state, and federal law.

3.

Change of Ownership. A change of ownership for purposes of Subsections 17.72.060G.1. and 2. above includes, but is not 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 withdraws, 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 is deemed to be the surviving partner(s).

Amortization Extension.

a.

Eligibility. The owner of (i) a legal nonconforming STLU or STAR in an RVL or RL zone or (ii) a legal nonconforming boarding house in any residential zone may apply for an extension of the amortization period by making a written request to the Community Development Director. (Legal nonconforming STLUs and STARs in other residential zones are subject to a different amortization process under subsection G.1.b.

b.

Timing. Such request shall be made before the amortization period ends unless the Community Development Director determines that good cause is shown for late submission of the request.

c.

Hearing Officer. A timely request for an extension of the amortization period shall be heard by a neutral third-party hearing officer within 30 days of receipt of the request. The party requesting the extension shall pay the costs of the hearing, including the cost of the hearing officer, and shall deposit funds sufficient to cover those costs when the written request for extension is submitted to the City.

d.

Criteria. A request for an extension of the amortization period shall only be issued if the property owner demonstrates to the hearing officer's satisfaction that the specified amortization period is unreasonably short and that an extension is in fact necessary to avoid a constitutional taking. Factors may include, but are not limited to, the extent of the particular owner's investment that is unique to the non-conforming use and does not serve any conforming use of the property, the extent of the owner's investment that will not be recovered on sale of the property the owner's investment-backed expectations in light of current and pending regulation at the time that the investment was made, replacement cost of improvements that might have been made that only serve the nonconforming use, and the length of time that the owner has had the benefit of the investment before the use became nonconforming.

e.

Burden. The burden is on the owner to demonstrate that the general two-year period is unreasonable in the owner's particular case.

5.

The owner or operator of a legal nonconforming STLU or STAR may apply for a waiver of certain operating standards during the amortization period by making a written request to the Community Development Director, accompanied by evidence demonstrating that enforcement of the standard or standards creates an exceptional hardship. The operating standard subject to possible waiver is limited to that found in Subsection 17.28.292C.11, Occupancy and Parking.

6.

Upon the conclusion of the amortization period, any legally established nonconforming STLU, STAR, or boarding house shall cease all business and lodging operations. This does not prevent the dwelling unit from being used as a long-term residential rental.

7.

All STLUs and STARs, but not boarding houses, that are nonconforming at the end of the amortization period for no reason other than they do not meet the requirements specified in Subsections 17.28.292E.2, Zone Density, or F., STAR Minimum Distancing, of this Title, may remain a nonconforming use in compliance with the general standards for nonconforming uses specified in Subsections B through D of this section, but any change of ownership, as described in Subsection G.3. of this section, shall immediately require that the use of the property as a STLU or STAR be terminated.

(Ord. No. 1548, § 3(Exh. A, § 1), 3-6-2012; Ord. No. 1561, § 3(Exh. A, § 29), 11-27-2012; Ord. No. 1591, § 3, 1-6-2015; Ord. No. 1616, § 12, 2-2-2016; Ord. No. 1622, § 12, 5-17-2016; Ord. No. 1654, §§ 16, 17, 5- 15-2018; Ord. No. 1685, § 6, 12-3-2019)

17.72.070 - Deferred Repairs and Accident Damage of Nonconforming Structures and Uses.

A.

Deferred Repairs. .....Structures, and the uses that occupy them, shall be made to comply with zoning requirements if structures are damaged by deferred maintenance or repairs and the City Planner finds either of the following:

1.

The damaged structure is a public nuisance and/or is unsafe for occupancy due to deferred repairs.

2.

The cost of replacing structural damage is equal to or greater than the damaged structure's replacement cost.

B.

Accident Damage. .....Structures, and the uses that occupy them, may be replaced when structures are damaged by an accident, as follows:

1.

Exemption of multi-family dwellings. Multi-family dwellings are exempted from requirements in this Subsection, provided that a building permit is approved within three years (1,095 consecutive days), from the date of an accident that causes damage. Per California Government Code Section 65852.25, multifamily dwellings are "any structure designed for human habitation that is divided into two or more independent living quarters."

Nonconforming single-family dwellings located in residential zones. Nonconforming single-family dwellings may be replaced if dwellings are located in residential zoning districts. To replace a dwelling, a building permit shall be approved within three years (1,095 consecutive days) from the date of an accident that causes damage.

3.

Nonconforming Structures located in non-residential zones. Nonconforming Structures may be replaced as follows when they are located in non-residential zones:

a.

Structures damaged less than 50 percent of a structure's replacement cost. Nonconforming structures may be replaced if the cost to replace or repair accident damage is less than 50 percent than the structure's replacement cost. To replace a structure, a building permit shall be approved within three years (1,095 consecutive days) from the date of an accident that causes damage.

b.

Structures damaged by 50 percent or greater of a structure's replacement cost. A Conditional Use Permit is required to replace Nonconforming Structures if the cost to replace or repair accident damage is 50 percent or greater than the structure's replacement cost, immediately before the damage occurred. To replace a structure, a Conditional Use Permit application shall be submitted within two years (730 consecutive days) from the date of an accident that causes damage. For permit approval, the following findings shall be made and the general required findings for Conditional Use Permits:

i.

The proposed structure has less impacts upon the neighborhood than the structure(s) being replaced, including, but not limited to, impacts upon parking, traffic, neighborhood aesthetics, noise levels, and residential density.

ii.

The proposed Nonconforming Structure more closely meets the intent and development standards of the Zoning Ordinance and the zone in which the Nonconforming structure is located than the structure(s) being replaced.

iii.

The proposed structure is less detrimental to the public welfare and to surrounding properties than the structure(s) being replaced.

4.

Structures occupied by a Nonconforming Use. A Nonconforming Use shall be terminated when a use occupies a structure that is damaged by an accident and the cost to replace or repair the accident damage is 50 percent or greater than the structure's replacement cost, immediately before the damage occurred. The structure shall be occupied by a use that complies with zoning requirements.

5.

Time extensions. The Community Development Director may grant one or more 90-day time extensions for the issuance of building permits, if he/she determines permits have been pursued in good faith and there has been a justifiable cause for the delays.

6.

Progress of construction. Construction work shall be completed within required time frames per Title 15 of the Municipal Code.

7.

Estimating replacement cost.

a.

Property owner responsibility. Property owners or their representative shall submit a detailed written analysis of a structure's replacement cost.

b.

Professional analysis. A qualified and experienced construction cost estimator shall estimate the cost to replace structures and other applicable site improvements, according to existing construction cost estimating indices, to the approval of the City Planner.

c.

City Planner determination. The City Planner has the sole discretion to determine a structure's replacement cost based upon substantial evidence. The City Planner may require a third-party review of a replacement cost analysis. If required, a third-party review shall be entirely paid for by the property owner or their representative.

(Ord. No. 1548, § 3(Exh. A, § 1), 3-6-2012)

CHAPTER 17.76 - TRIP REDUCTION AND TRAVEL DEMAND MANAGEMENT

This chapter is intended to meet the requirements of AB 1791, which requires development of a trip reduction and travel demand element to the CMP which requires adoption and implementation of Trip Reduction and Travel Demand Ordinance.

New commercial, industrial and mixed-use development projects, including employment centers of 100 persons or more, may adversely impact existing transportation and parking facilities, resulting in increased motor vehicle emissions, deteriorating levels of service, and possibly the need for significant additional capital expenditures to augment and improve the existing transportation system. In order to more efficiently utilize the existing and planned transportation system and to reduce vehicle emissions, it is the policy of the City to:

A.

Reduce the number of peak-period vehicle trips generated in association with the approval of development projects;

B.

Promote and encourage the use of alternative transportation modes such as ridesharing, carpools, vanpools, public bus and rail transit, bicycles and walking, as well as those facilities that support such modes;

C.

Reduce vehicle trips, traffic congestion and public expenditures for transportation system improvements and improve air quality through the utilization of existing local mechanisms and procedures for project review and permit processing;

D.

Promote coordinated implementation of strategies on a County-wide basis to reduce transportation demand; and

E.

Achieve the most efficient use of local resources through coordinated and consistent regional and/or local TDM programs.

(Ord. 1172 § 3 (part), 1996)

17.76.020 - Applicability.

A.

The provisions of this chapter shall apply to all development projects estimated to employ a total of 100 or more persons as determined by the methodology in Subsection (B)(2) of this section.

B.

For purposes of determining whether a development project will employ 100 or more persons and thus be subject to this section, the City shall determine the estimated employment of any development project by the following mechanism which yields the highest potential for employment:

1.

Employment projections for the development project developed by the project applicant, subject to approval by the City; or

2.

Employment projections developed for the development project by the City using the following employee generation factors by type of use:

The employment projection for a mixed-uses development shall be calculated on a case-by-case basis, based upon the proportion of development devoted to each type of use.

(Ord. 1172 § 3 (part), 1996)

17.76.030 - Definitions.

For the purposes of this chapter, the definitions for the following terms shall apply:

"Alternative transportation modes"; means any mode of travel that serves as an alternative to the singleoccupancy vehicle. This can include all forms of ridesharing such as carpooling or vanpooling, as well as public transit, bicycling or walking.

"Applicable development"; means any development project that is determined to meet or exceed the employment threshold using the criteria contained in Section 17.76.020, Applicability, of this section.

"Developer"; means the person, firm or corporation or other entity responsible for the planning, design and construction of an applicable development project.

"Development project"; means any nonresidential project which requires some level of discretionary action by the Planning Commission and/or City Council and, which will result in the physical construction of structures.

"Employee"; means any person employed by a firm, person(s), business, education institution, nonprofit agency or corporation, government agency or other entity employing, hiring or engaging the services of 100 or more persons at a single worksite.

"Employer"; means any person(s), firm, business, educational institution, government agency, nonprofit agency or corporation, or other entity employing, hiring or engaging the services of 100 or more persons at a single worksite, and may either be a property owner or tenant of an applicable development project.

"Employment generation factors"; means factors developed for use by the City for projecting the potential employment of any proposed development project.

"Facility(s)"; means the total of all buildings, structures and grounds that encompass a worksite, at either single or multiple locations, that comprises or is associated with an applicable development project.

"Level of service (LOS)"; means a measure of the operational quality of a road or intersection ranging from LOS A (best) to LOS F (worst) as described in highway capacity manual as published by the transportation research board.

"Mixed-use development"; means development projects that combine any one of these land uses with another: residential, office, commercial, light industrial and business park.

"Peak-period"; means those hours of the business day between 6:00 a.m. and 10:00 a.m., inclusive, Monday through Friday.

"Property owner"; means the legal owner of an applicable development project who serves as the lessor to an employer or tenant.

"Site Development Plan/Permit"; means a precise plan of development that may be subject to public hearing before the Planning Commission and/or the City Council.

"Tenant"; means the lessee of facility space at an applicable development project who also serves as an employer.

"Transportation demand management (TDM)"; means the implementation of programs, plans or policies designed to encourage changes in individual travel or commuting methods. TDM includes an emphasis on alternative travel modes to the "single-occupant vehicle" (SOV), such as carpools, vanpools and transit, reduction or elimination of the number of vehicle trips, or shifts in the time of vehicle commutes to other than the peak-period.

(TDM)"; means the implementation of programs, plans or policies designed to encourage changes in individual travel or commuting methods. TDM includes an emphasis on alternative travel modes to the "single-occupant vehicle" (SOV), such as carpools, vanpools and transit, reduction or elimination of the number of vehicle trips, or shifts in the time of vehicle commutes to other than the peak-period.

"Trip reduction"; means reducing the number of work related trips taken between 6:00 a.m. and 10:00 a.m., inclusive, Monday through Friday, in single-occupancy vehicles.

"Worksite"; means a building or grouping of buildings located within the City which are in actual physical contact or separated solely by a private or public roadway or other private or public right-of-way, and which are owned or operated by the same employer (or by employers under common control).

(Ord. 1172 § 3 (part), 1996)

17.76.040 - Development standards.

All applicable developments shall be subject to the facility standards specified in this subsection and shall be required by conditions of approval to include within the development project's Site Development Plan and construct or install the improvements identified in either Option A or Option B below.

A.

Option A Facility Improvements.

1.

Preferential Parking for Carpool Vehicles.

a.

At least 15 percent of the employee parking spaces shall be reserved and designated for carpool vehicles by marking such spaces "Carpool Only."

b.

Carpool spaces shall be used only by carpool vehicles in which at least two of the vehicle occupants are either employees or tenants of the proposed development project, or, employees of different development projects or existing businesses that have entered into a reciprocal preferential carpool parking agreements.

c.

Such carpool spaces shall be located near the building's employee entrance(s) or at other preferential locations within the employee parking areas as approved by the Director of Community Development or his/her designee.

d.

The total number of employee parking spaces shall be calculated as follows:

Table 17.76.040

Employee Parking Spaces

2.

Bicycle Parking and Shower Facilities.

a.

Bicycle parking and locker facilities shall be provided in a secure location for use by employees or tenants who commute to the site by bicycle. The number of facilities/racks to be provided shall be at the rate of at least five racks for every 100 employees or fraction thereof.

b.

A minimum of two shower facilities shall be provided, one each for men and women.

3.

Information on Transportation Alternatives.

a.

A commuter information area shall be provided that offers employees appropriate information on available transportation alternatives to the single-occupancy vehicle. This area shall be centrally located and accessible to all employees or tenants.

b.

Information in the area shall include, but not be limited to, the following:

i.

Current maps, routes and schedules for public transit;

ii.

Ridesharing match lists;

iii.

Available employee incentives; and

iv.

Ridesharing promotional material supplied by commuter-oriented organizations.

4.

Rideshare Vehicle Loading Areas.

a.

The need for, design and location of passenger loading areas to embark and disembark passengers from rideshare vehicles shall be determined by the Director of Community Development or his/her designee.

b.

Passenger loading areas shall be of a size large enough to accommodate the number of waiting vehicles equivalent to the rate of at least five spaces per every 100 required parking space for the applicable development.

c.

The passenger loading areas shall be located as close as possible to the building's entrance(s), and should be designed in a manner that does not impede vehicular circulation in the parking area.

5.

Vanpool Vehicle Accessibility.

a.

The design of all parking facilities shall incorporate provisions for access and parking of vanpool vehicles.

b.

Where applicable, vanpool vehicle accessibility shall include a minimum seven feet two inches vertical clearance for those parking spaces and ramps to be used by such vehicles.

c.

Vanpool parking spaces shall be located near employee entrance(s) and/or other preferential locations as approved by the Director of Community Development or his/her designee.

d.

The number of accessible vanpool parking spaces shall be at the rate of at least two spaces per every 100 of the total required employee parking spaces as determined in Subsection (A)(1)(d), Option A Facility Improvements, of this section.

6.

Bus Stop Improvements.

a.

Bus stop improvements, including bus pullouts, bus pads, and right-of-way for bus shelters shall be required for all applicable development located along high traffic volume streets as determined by the City's Traffic Engineer and along all bus routes.

b.

All bus stop improvements shall be designed and constructed in conformance with standard traffic engineering principles including, but not limited to, the following:

i.

The frequency and relative impact of blocked traffic due to stopped buses; and

ii.

The level of transit ridership at the location.

All such improvements shall be reviewed and approved by the Community Development Director or his or her designee.

B.

Option B Facility Improvements.

1.

The approval body for the applicable development shall determine the number of reserved carpool and vanpool parking spaces required by the development project. The reserved parking spaces locations shall be as close as is practical to the entrances(s) of the development project.

2.

An adequate number of secure and convenient bicycle storage areas shall be provided on site.

3.

Bus bays, bus stops and bus shelters shall be provided adjacent to roads and streets traversing or bounding the development project, as required by the City.

4.

A transportation information center providing the information contained in Subsection (A)(3), Information on Transportation Alternatives, of this section shall be provided with in each building larger than 25,000 gross square feet.

5.

A shower and locker room facility for employees of each sex shall be provided in each building larger than 100,000 gross square feet. For any applicable development containing 100,000 or more total combined gross square feet, but which does not contain any single building of 100,000 or more gross square feet. The approval body for the development project may require a condition on such development to provide shower and locker room facilities for each sex.

6.

Sidewalks or other paved pathways following direct and safe routes from the external pedestrian circulation system to each building in the applicable development shall be provided.

C.

Property Owner Responsibility. The property owner shall be responsible for complying with the provisions of this chapter, either directly or by delegating such responsibility to an employer or tenant.

D.

Enforcement and Penalties. The City shall withhold the issuance of Building Permits, Certificate of Occupancy Permits and/or issue stop work orders for any applicable development project failing to comply

with the provision of this section. If any improvements or programs required by this section are either rendered unusable or discontinued, the property owner, employer and/or tenant shall be unlawful.

(Ord. 1172 § 3 (part), 1996; Ord. No. 1664, § 46, 9-18-2018)

CHAPTER 17.80 - OFF-SITE HAZARDOUS WASTE FACILITIES

The disposal of hazardous waste may cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or pose a substantial present or potential hazard to human health or the environment when such hazardous waste is improperly treated, stored, transported or disposed of, or otherwise managed. The purpose of this section is to establish uniform standards, land use regulations and permit procedures for controlling the location, design, maintenance and safety of off-site hazardous waste facilities in conjunction with State Assembly Bill No. 1201—Tanner, 1989, Assembly Bill 2948—Tanner, 1986 and Assembly Bill 477—Greene, 1987 (Chapter 6.5 of Division 20 of the California Health and Safety Code) and Program A-3 of the Orange County Hazardous Waste Management Plan.

(Ord. 1172 § 3 (part), 1996)

The specific requirements of this section are applicable to the siting and development of off-site hazardous waste facilities as defined in Section 17.80.030, Definitions, of this chapter.

Off-site hazardous waste facility does not mean: a) transportable treatment units (TTU), which are designed to be moved either intact or in modules and which are intended to be operated at a given location for a limited period of time, or b) permanent on-site hazardous waste facilities at locations where hazardous waste is produced, and which are owned by, leased to, or under the control of the producer of the waste.

All such facilities (i.e., off-site, on-site, and TTU's) shall require State licensing to install and operate.

(Ord. 1172 § 3 (part), 1996)

17.80.030 - Definitions.

For purposes of this chapter, the following definitions shall apply:

"Applicant" means any person applying to the City for a conditional use permit or a land use decision concerning a specified hazardous waste facility, as defined under the term "proponent" in the Health and Safety Code Section 25199.1(i).

Building, Accessory, Attached. "Attached accessory building" means an accessory building that is structurally part of the primary building, has a common wall, and adjoining floor area. Enclosed breezeways attach primary and accessory buildings; unenclosed breezeways do not.

"Hazardous waste" means a waste, or combination of wastes, which because of its quantity, concentration, toxicity, corrosiveness, mutagenicity or flammability, or physical, chemical or infectious characteristics may:

1. cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or 2) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of, or otherwise managed.

"Incineration facility" means a facility where organic liquids and solids that cannot be reclaimed are burned.

"Neutralization/precipitation facility" means a facility where water contaminated with hazardous waste is treated.

"Off-site hazardous waste facility" means any structures, other appurtenances, and improvements on the land, and all contiguous land serving more than one producer of hazardous waste and used for the treatment, transfer, storage, resource recovery, disposal or recycling of hazardous waste including but not limited to:

Incineration facility (i.e., rotary kiln, fluid bed, etc.);

Residual repository (receives only residuals from hazardous waste treatment facilities);

Stabilization/solidification facilities;

Recovery facilities (i.e., oil, solvent);

Neutralization/precipitation facilities; or

6.

Transfer/storage facilities.

Off-site hazardous waste facility does not mean: a) transportable treatment units (TTU), which are designed to be moved either intact or in modules and which are intended to be operated at a given location for a limited period of time, or b) permanent on-site hazardous waste facilities at locations where hazardous waste is produced, and which are owned by, leased to, or under the control of the producer of the waste.

"Off-Site Hazardous Waste Facility Procedures Manual" means that manual adopted by the City and used for the purpose of applying for and processing an application for a Conditional Use Permit for an off-site hazardous waste facility.

"Oil recovery facility" means a facility where lubricating oil is recycled by distillation, chemical or solvent treatment.

"Residual repository" means a facility specifically restricted to receiving only solid material residuals from hazardous wastes.

"Solvent recovery facility" means a facility where organic solvents are recycled.

"Stabilization/solidification facility" means a facility where hazardous wastes that cannot be recycled, treated or destroyed are solidified or stabilized.

"Transfer/storage facility" means a facility which serves as a collection station for small quantities of waste. Like wastes are combined when the quantities become large enough to be economically shipped to a treatment or recycling facility.

(Ord. 1172 § 3 (part), 1996; Ord. No. 1720, § 5, 12-21-2021)

17.80.040 - General regulations.

A.

Off-site hazardous waste facilities must be located and designed in accordance with the facility sitting criteria as specified in the Off-Site Hazardous Waste Facility Procedures Manual available from the Planning Division.

B.

An off-site hazardous waste facility shall be required to adhere to the off-site hazardous waste facility special development requirements which include, but are not limited to general conditions, safety and security, a contingency plan, monitoring, a closure plan, financial responsibility, and permit conditions as specified in the Off-Site Hazardous Waste Facility Procedures Manual available from the Planning Division.

(Ord. 1172 § 3 (part), 1996)

17.80.050 - Review procedures.

A.

Conditional Use Permit Required. .....Off-site hazardous waste facilities may be approved subject to a Conditional Use Permit in the manner provided in this section and the Off-Site Hazardous Waste Facility Procedures Manual.

B.

Conditional Use Permit Limitations. .....A Conditional Use Permit for an off-site hazardous waste facility shall be granted for only those substances and quantities identified in the conditions of approval. No additional types of wastes or increase in the quantity of approved wastes shall be allowed beyond those specified in the approved Conditional Use Permit, unless a separate application is made therefore which shall satisfy the same procedures and contents as those required in an initial application.

C.

Conditional Use Permit Time Limits. .....A Conditional Use Permit granted for an off-site hazardous waste facility shall be used within three years from the effective date thereof, or within such additional time as may be set in the conditions of approval, which shall not exceed a total of seven years; otherwise, the permit shall be null and void. Notwithstanding the foregoing, the permittee may request an extension of time in which to use the permit if such request is made prior to the expiration of the Conditional Use Permit. A request for extension of time shall be made to the Planning Commission or, if originally approved by the City Council, to the City Council, on forms provided by the Community Development Department and shall be filed with the Director of Community Development or designee, accompanied by the appropriate fee. Within 60 days following the filing of a request for an extension, the Community Development Director or designee shall set the matter as an advertised public hearing on the regular agenda of the appropriate approval body. An extension of time may be granted by the appropriate approval body upon a determination that valid reason exists for permittee not having used the permit within the required period of time. If an extension is granted, the total time allowed for use of the permit shall not exceed a period of 10 years, calculated from the effective date of the issuance of permit. The term "use" shall mean the beginning of substantial construction of the use that is authorized, which construction must thereafter be pursued diligently to completion.

D.

Application Requirements. .....A completed application for a Conditional Use Permit for an off-site hazardous waste facility shall be submitted with the appropriate application fee to the Community Development Department. The application and processing requirements for an off-site hazardous waste facility are contained within the Off-Site Hazardous Waste Facility Procedures Manual adopted by resolution of the City Council.

E.

Public Hearings. .....Notice and hearing shall be provided as required in Section 17.12.100, Public Hearing and Notification, except that the property owners of said property in and within 1,000 feet from the exterior boundaries of the area which is the subject of the hearing shall be notified.

F.

Required Findings. .....The following findings shall be made in writing by the final approval body prior to granting a Conditional Use Permit for an off-site hazardous waste facility:

1.

The off-site hazardous waste facility is consistent with the General Plan, any applicable specific plan, the Off-Site Hazardous Waste Facility Procedures Manual, the Orange County Hazardous Waste Management Plan, and all applicable State and federal laws.

2.

The project site is or will be adequately served by roads and other public or private service facilities.

The project will comply with the general findings required for the approval of a Conditional Use Permit, in accordance with Section 17.16.060, Conditional Use Permits, of this title.

(Ord. 1172 § 3 (part), 1996)