NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN THAT A PUBLIC
HEARING WILL BE HELD BY THE CITY COUNCIL
OF THE CITY OF SAN CLEMENTE, CALIFORNIA,
RELATIVE TO THE FOLLOWING:
Zoning Amendment 22-366 – Zoning Permit Streamlining
NOTICE IS HEREBY GIVEN that the City Council of the City of San Clemente, California will conduct a Public Hearing to consider a City-initiated amendment to Title 17 (Zoning) of the San Clemente Municipal Code to:
- Update the staff-level approval process for minor architectural changes. Currently, the Zoning Code has a “staff waiver” application that functions as a permit rather than a waiver. There are approval findings, an ability to add conditions, and types of eligible projects, including an overly broad category: “Other minor projects that do not substantially alter the visual appearance and/or architectural integrity of the property or structure.” The proposed Ordinance replaces the staff waiver application with an “Administrative Development Permit” that: A) adds objective general and project-specific standards that must be met for approval (e.g., projects that won’t affect character-defining features of historic structures, such as a privacy fence constructed of certain materials); and B) lists specific types of projects that would be eligible for staff approval, replacing the broader categories of projects currently eligible for staff-level review. The City Planner would continue to have the authority to refer applications to a public hearing if warranted.
- Consolidate planning applications to make it easier for the public to understand which zoning permits are required and reduce staff time on report writing, shortening the timeline between application submittal and decisions.
- Reduce the level of public hearing decisions for several planning application types, when experience has shown the projects have not had issues of significant public concerns or impacts to prompt a higher level of public review. The streamlining includes: A) reducing the level of hearing required, such as changing the review authority for a project type from a Planning Commission decision to Zoning Administrator review; and B) changing the decision process from a discretionary public hearing decision to a staff level process for proposals, such as: 1) beer and wine sales with food service, 2) allowing detached accessory buildings up to the height limit of the zoning district if they comply with setbacks, versus a fixed 15-foot limit, 3) clarify and modify standards and requirements for nonresidential special events, with public notice if within proximity of residential or mixed-use properties; and 4) increase the allowance for operating days of certain events, like seasonal Christmas tree lots.
- Clarify planning permit review procedures to facilitate staff and public understanding and implementation.
Staff recommends that the amendments not be considered a “project” as defined by the State CEQA Guidelines Sections 15378(b)(2) and 15378(b)(5), because the revisions relate to the ongoing administrative activities and organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment, and therefore do not constitute a “project” as defined by the State CEQA Guidelines (Cal. Code Regs., title 14, § 15000 et seq.). In the alternative, staff recommends that the amendments be found exempt from the California Environmental Quality Act (“CEQA”) under State CEQA Guidelines section 15061(b)(3) on the basis that there is no possibility that the activity in question may have a significant effect on the environment. The amendments clarify the application review process and streamline several procedures. The proposed changes do not change land use designations or increase the type, density, or land use impacts of potential development.
This application is on file at the City of San Clemente Community Development Department, 910 Calle Negocio, and is available for public inspection and comment by contacting (949) 361-6183. If you challenge this project in court you may be limited to raising only those issues you or someone else raised in written correspondence delivered to the City of San Clemente at, or prior to, the Public Hearing.
To allow staff adequate time to confirm software compatibility, individuals wishing to utilize electronic visual aids to supplement their oral presentations at the meeting, must submit the electronic files to the City Clerk by no later than 12:00 p.m. on the day of the meeting. Only compatible electronic formats will be permitted to be used on City audio/visual computer equipment. Staff makes no guarantee that such material will be compatible, but will use its best efforts to accommodate the request.
Notice is further given that said Public Hearing will be conducted by the City Council on Tuesday, September 5, 2023 at 6:00 p.m. at the San Clemente City Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente, California. All interested persons are invited to attend said hearing or provide written communication to the City Council to express their opinion for or against the project.
Further information may be obtained by contacting the Planning Division at (949) 361-6183.
Laura Campagnolo
City Clerk and Ex-Officio
Clerk of the Council
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