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Zoning Amendment PLN19-032 – Inclusionary Housing Program and In-Lieu Fee Update

A request to consider the analysis and update of the City’s Inclusionary Housing Program and Inclusionary Housing In-Lieu fee.  The project includes consideration of: the number of inclusionary (affordable) housing units required in residential developments involving six or more units; the required inclusionary (affordable) housing income level; and the method to calculate the inclusionary housing in-lieu fee. The project includes amending Zoning Ordinance Section 17.24.120 Inclusionary Housing Requirements to be consistent with the Housing Element and any Inclusionary Housing Program modifications adopted with this project.

Staff recommends the City Council determine the project is exempt from the California Environmental Quality Act (CEQA) and/or not subject to further environmental review pursuant to Sections 15060(c), 15061(b)(3), and 15378.  The project is covered by the general rule 15061(b)(3) that CEQA applies only to projects which have the potential for causing a significant effect on the environment, and where it can be seen with certainty that there is no possibility that the project may have a significant effect on the environment, the project is not subject to CEQA.  The proposed adjustments to the Inclusionary Housing Program involve a policy action that is administrative in nature, related to the requirements for affordability for potential land development in the future, to implement Housing Element Program 5.  Therefore, it can be seen with certainty that there is no possibility that this project may have a significant effect on the environment and is not subject to CEQA.

It is not possible to predict which properties in the City, if any, may be proposed to be developed with a project that is subject to the Inclusionary Housing Program, whether any development or density will result from the proposed changes, whether any development or density will result that would not already have occurred under the existing Inclusionary Housing Program or Zoning Ordinance, whether any project may elect to submit inclusionary housing in-lieu fees in-lieu of constructing affordable housing units onsite, or any possible significant environmental impacts peculiar to the adoption of the Inclusionary Housing Program update, including the associated in-lieu calculation modification and Zoning Ordinance updates, and therefore, (1) will not result in any direct or reasonably foreseeable indirect physical change in the environment (CEQA Guidelines Section 15060(c)); (2) can be seen with certainty based on review of the facts to have no possible significant effect on the environment, including impacts to water or traffic (CEQA Guidelines Section 15061(b)(3)), and (3) do not constitute a project under CEQA (CEQA Guidelines Section 15378).  Any development project subject to the Inclusionary Housing Program will be subject to environmental review under CEQA.

Materials for this project are on file at the Planning Division at 910 Calle Negocio, and are available for public inspection and comment by contacting Project Planner Jennifer Savage at (949) 361-6186 or

If you challenge this item 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 held at the meeting of the City Council on April 20, 2021 at 6:00 pm via teleconference and in person at the Community Center, located at 100 N. Calle Seville, San Clemente. To participate, citizens may:

  1. View the meeting via live stream from the City’s YouTube channel at  or live on Cox Communications Local Access Channel 854; and
  • Provide comments in person at the Council Meeting, which will take place in the Community Center Auditorium, located at 100 N. Calle Seville, San Clemente.


City Clerk and Ex-Officio Clerk of the Council

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