NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN THAT ON SEPTEMBER 16, 2020 A PUBLIC HEARING WILL BE HELD BY THE PLANNING COMMISSION OF THECITY OF SAN CLEMENTE, CALIFORNIA RELATIVE TO THE FOLLOWING:

Zoning Amendment 20-035 – Zoning Ordinance Amendments

A request to consider a City-initiated amendment (ZA20-035) to the City of San Clemente Municipal Code Title 17, zoning to update erroneous text, ambiguous definitions and standards; and modifications for consistency with the General Plan and State and Federal law.  The proposed amendments would update provisions for accessory structures, definitions, historic resources, nonconforming structures, accessory dwelling units, family home daycares, body art establishments, water conservation, and cottage food industries.

Staff recommends that the zoning amendments not be considered a “project” as defined by the State CEQA Guidelines Sections 15378(b)(2) and 15378(b)(5), because the revisions for accessory structures, definitions, historic resources, and nonconforming provisions 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.).  Staff also recommends that pursuant to Public Resources Code 21080.17, no further environmental review is required because the amendments for accessory dwelling units implement Government Code Section 65852.2 (ADU laws); pursuant to Health and Safety Code 1597.45(d), family daycare homes are not subject to CEQA; and, pursuant to Section 15301 Class 1, no further environmental review is required because the proposed ordinance establishes cottage food operations as a type of home occupation to be conducted within an existing dwelling unit, which would involve negligible or no expansion of the existing residential use.

This application is on file at the City of San Clemente Community Development Department, 910 Calle Negocio, San Clemente, California, and is available for public inspection and comment by contacting the Community Development Department at (949) 361-6183.  If you challenge this project in court you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of San Clemente at, or prior to, the public hearing.

Notice is further given that said public hearing will be conducted by the City of San Clemente Planning Commission and held via teleconference on Wednesday, September 16, 2020 at 7:00 p.m.  Please note that to help prevent the spread of the coronavirus, the public may not physically attend the meeting.  However, to participate citizens may:

  1. Listen to the meeting via live stream from the City’s YouTube channel at www.san-clemente.org/live or live on Cox Communications Local Access Channel 854; and
  2. Submit any comments on agenda items to the Planning Commission electronically.  Material may be emailed to ScottM1@san-clemente.org.  Transmittal by 3:00 p.m. on Planning Commission meeting days is recommended.

Further information may be obtained by contacting the Planning Division at (949)361-6183.

Secretary to the San Clemente Planning Commission

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