San Clemente — 2025-09-16

10A. CONSIDERATION OF A RESOLUTION IN OPPOSITION TO PROPOSITION\n50 - AUTHORIZES TEMPORARY CHANGES TO CONGRESSIONAL\nDISTRICT MAPS IN RESPONSE TO TEXAS' PARTISAN REDISTRICTING\n(Agendized by Councilmember Wu, with the support of Mayor Knoblock and\nCouncilmember Loeffler at the September 2, 2025 City Council meeting.)\nStaff Recommendation\nDetermine whether to adopt Resolution No. 25-139 entitled A RESOLUTION OF\nTHE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,\nADOPTING A POSITION OF OPPOSITION TO PROPOSITION 50 ON THE\nNOVEMBER 2025 BALLOT.

10B. CONSIDERATION OF MAKING PUBLIC RECORDS REQUESTS STATISTICS\nAVAILABLE VIA THE CITY WEBSITE\n(Agendized by councilmember Loeffler, with the support of Mayor Pro Tem\nEnmeier and Councilmember Cabral at the September 2, 2025 City Council\nmeeting.)\nStaff Recommendation\nDetermine whether to add Public Records Requests to the City website and\nchoose from the following options below:\n1. Direct Staff to add Public Records Requests to the City website via the\nJustFOIA search engine effective September 17, 2025.\nOR\n2. Direct Staff to include a monthly report of Public Records Requests on the\nCity website beginning with August 2025.\nOR\n3. Direct Staff to add Public Records Requests to the City website via the\nJustFOIA search engine AND include a monthly report of Public Records\nRequests to the City website beginning with August 2025.

10C.\nCONSIDERATION OF A RESOLUTION PROVIDING DIRECTION TO\nCOMPLETE A WATER COST-OF-SERVICE STUDY AND DIRECT STAFF TO\nPREPARE A DRAFT PROPOSITION 218 NOTICE FOR A FUTURE PUBLIC\nHEARING\nStaff Recommendation\n1. Receive a report, consider public comment and provide direction regarding\ninclusion the following components in the Cost-of-Service Study to be\nreturned to City Council for further review and consideration:\na. Develop a uniform rate for all customers.\nb. Increase the total fixed revenue recovery from 32% to 36% to\ncontinue improving revenue stability that is more aligned with the\nCity’s fixed costs.\nc. Continue to utilize a pass-through approach to clearly distinguish\n(a) the external costs of imported water from (b) the City’s costs\nof treating, storing, and delivering that water.\nd. Include Municipal Water District of Orange County fixed costs in\nfixed meter charges.\ne. Institute new Demand Management Rates based on the six\nstages of water shortage levels ranging from 10%-50% water\nreduction.\nf. Develop a five-year rate increase.\nAND\n2. Adopt Resolution No 25-140, which will direct staff and the consultant to\ncomplete the Water Cost-of-Service Study based on the City Council’s\ndirection as to components to be included for further review and\nconsideration and direct staff to prepare a draft Proposition 218 notice for\nconsideration at the November 18, 2025 City Council Meeting.

10D.\nDESIGNATION OF VOTING DELEGATE AND ALTERNATE(S) TO\nREPRESENT SAN CLEMENTE AT THE LEAGUE OF CALIFORNIA CITIES\nANNUAL BUSINESS MEETING\nStaff Recommendation\nDetermine whether or not to appoint a voting delegate to represent the City at\nthe Annual Business Meeting of the League of California Cities Annual\nConference on October 10, 2025, and also determine whether or not to appoint\nan alternate(s) to vote on the City’s behalf in the event the voting delegate is\nunable to vote at the Annual Business Meeting.

11D. CONTRACT AWARD - LIFEGUARD TOWERS REPLACEMENT (2025) AND\nFINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE\nCALIFORNIA ENVIRONMENTAL QUALITY ACT\nStaff Recommendation\nAdopt Resolution No. 25-141, which will:\n1. Find the Lifeguard Towers Replacement (2025), CIP Project No. 22104,\ncategorically exempt from the California Environmental Quality Act\n(CEQA) under Class 2 of the State CEQA Guidelines, Section15302.\n2. Award the Lifeguard Towers Replacement (2025), construction contract to\nCapo A General Contracting as the lowest responsible and responsive\nbidder.\n3. Approve, and authorize the City Manager to execute, Contract No. C2547, by and between the City of San Clemente and Capo A General\nContracting, providing for Lifeguard Towers Replacement, in the amount\nof $111,900, in a form substantially similar to Contract No. C25-47\nprovided as attachment 2 of the Administrative Report dated September\n16, 2025, and on file with the City Clerk.

11E.\nCONTRACT AWARD - DEFINED BENEFIT ADMINISTRATION SERVICES\nStaff Recommendation\nAdopt Resolution No. 25-142, which will:\nApprove, and authorize the City Manager to execute, Contract No. C25-48, by\nand between the City of San Clemente and Milliman, Inc., providing for Defined\nBenefit Administration Services, in an amount not to exceed $45,000 annually,\nand authorize the City Manager at his discretion to exercise two (2) one-year\nextension options.

11F. CONSIDERATION OF A RESOLUTION AUTHORIZING A REQUEST FOR\nDELAY OF MEASURE M2 COMPREHENSIVE TRANSPORTATION FUNDING\nPROGRAM (CTFP) FUNDS FOR THE POCHE BEACH WATER\nRECLAMATION PROJECT\nStaff Recommendation\nAdopt Resolution No. 25-143 entitled A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,\nAUTHORIZING THE REQUEST FOR DELAY OF MEASURE M2\nCOMPREHENSIVE TRANSPORTATION FUNDING PROGRAM (CTFP)\nFUNDS FOR THE POCHE BEACH WATER RECLAMATION PROJECT.

11G. CONSIDERATION OF A RESOLUTION REGARDING INSTALLATION AND\nREMOVAL OF RED CURB AT THE DRIVEWAY OF 2470 SOUTH OLA VISTA,\nAND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE\nCALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS 1\n(EXISTING FACILITIES, 14 CCR SECTION 15301) OF THE STATE CEQA\nGUIDELINES\nPlanning Commission and Staff Recommendation\nAdopt Resolution No. 25-144, which will:\n1. Find the project categorically exempt from the California Environmental\nQuality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section\n15301) of the State CEQA Guidelines.\n2. Approve the red curb modification as illustrated in Attachment 1 of the\nAdministrative Report dated September 16, 2025, and on file with the City\nClerk.

8A.\nCONSIDERATION TO INTRODUCE, AND CONDUCT A FIRST READING OF,\nAN ORDINANCE TO APPROVE ZONING AMENDMENT, ZA25-362, TO THE\nMARBLEHEAD COASTAL SPECIFIC PLAN TO ALLOW A HEIGHT\nEXCEPTION, OF UP TO 55 FEET TO THE PLATE LINE AND 62 FEET TO\nTHE TOP OF THE ROOF OR HIGHEST PROJECTION, FOR A HOTEL\n(BUILDING 15) AT THE OUTLETS AT SAN CLEMENTE; AND\nCERTIFICATION OF ADDENDUM NO. 6 TO THE PREVIOUSLY CERTIFIED\nFINAL ENVIRONMENTAL IMPACT REPORT FOR THE MARBLEHEAD\nCOASTAL SPECIFIC PLAN (STATE CLEARING HOUSE NO. 1995091037),\nWHICH HAS BEEN PREPARED IN ACCORDANCE WITH THE CALIFORNIA\nENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTION 15164\n(Part 2) (Part3)\nPublic Hearing to consider a text amendment to the Marblehead Coastal\nSpecific Plan (MCSP) development standards within Section 502 (V)(D),\nwhich establishes height standards for commercial development within\nthe Regional Commercial Zone of the specific plan area. The proposed\namendment would allow the hotel to use the same height exception that\nexists for the theater use. The City Council will also consider using\nAddendum No. 6 to the previously certified EIR for the MCSP (SCH No.\n1995091037) for the proposed amendment, which has been prepared in\naccordance with the California Environmental Quality Act (CEQA)\nGuidelines Section 15164, and concludes that proposed amendments to\nthe MCSP would not result in new significant environmental effects or a\nsubstantial increase in the severity of significant effects previously\nidentified in the prior EIR and related addenda.\nStaff Recommendation\nStaff recommends the City Council introduce, and conduct a first reading of\nOrdinance 1795, entitled AN ORDINANCE OF THE CITY COUNCIL OF THE\nCITY OF SAN CLEMENTE, CALIFORNIA, CERTIFYING ADDENDUM NO. 6\nTO THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE\nMARBLEHEAD COASTAL SPECIFIC PLAN (SCH NO. 1995091037)\nPURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND\nAPPROVING ZONING AMENDMENT ZA25-362 TO AMEND SECTION\n502(V)(D) OF THE MARBLEHEAD COASTAL SPECIFIC PLAN) TO ALLOW\nA HOTEL WITH THE SAME HEIGHT EXCEPTION GRANTED TO THE\nTHEATER, FOR A MAXIMUM BUILDING HEIGHT OF 55 FEET TO THE\nPLATE LINE AND 62 FEET TO THE TOP OF THE ROOF OR HIGHEST\nPROJECTION.

8B. CONSIDERATION OF A RESOLUTION APPROVING PUBLIC HEARING\nPROJECT (PHP) 25-343 TO AMEND COMMERCIAL SITE PLAN PERMIT\n(SPP) 99-16 AND CONDITIONAL USE PERMIT (CUP) 99-17 TO MODIFY THE\nPREVIOUSLY APPROVED HEIGHT OF THE HOTEL, FROM 45 FEET UP TO\n62 FEET, AT 401 W. AVENIDA VISTA HERMOSA TO INCLUDE A ROOFTOP\nRESTAURANT WITH OUTDOOR DINING AND INTERIOR KITCHEN AND\nRESTROOMS ON A 1.7-ACRE PARCEL (ASSESSOR'S PARCEL NUMBER\n[APN] 691-422-04) WITHIN THE MARBLEHEAD COASTAL SPECIFIC PLAN\n(MCSP) AREA, AND FINDING THAT ADDENDUM NO. 6 TO THE MCSP\nFINAL ENVIRONMENTAL IMPACT REPORT DEMONSTRATES NO NEW\nSIGNIFICANT IMPACTS AND THAT NO FURTHER ENVIRONMENTAL\nREVIEW IS NEEDED, CONSISTENT WITH CEQA GUIDELINES §15162 AND\n§15183 (Part 2)\nPublic Hearing to consider the proposed amendment to the previously\napproved hotel development. The proposed amendment would allow the\nhotel to use the same height exception that exists for the theater use, as\nauthorized by proposed Addendum No. 6 to the MCSP. The City Council\nwill also consider Addendum No. 6 to the previously certified EIR for the\nMCSP (SCH No. 1995091037), which has been prepared in accordance\nwith the California Environmental Quality Act (CEQA) Guidelines Section\n15164, and concludes that proposed changes to the approved project\naddressed in this addendum would not result in new significant\nenvironmental effects or a substantial increase in the severity of\npreviously identified significant effects. Further, the City Council will\nconsider whether the project is Categorically Exempt from the\nrequirements of the CEQA pursuant to CEQA Guidelines §15162\n(Subsequent review of Environmental Impact Report and Negative\nDeclarations) and §15183 (Projects Consistent with a Community Plan or\nZoning).\nStaff Recommendation\nAdopt Resolution No. 25-137, which will:\n1. Approve PHP25-343 to amend Commercial Site Plan Permit (SPP) 99-16\nand Conditional Use Permit (CUP) 99-17 to modify the previously\napproved hotel at 401 W. Avenida Vista Hermosa to allow for an increase\nin height to 62 feet to incorporate a rooftop restaurant with outdoor dining.\n2. Find that Addendum No. 6 to the Marblehead Coastal Specific Plan\n(MCSP) Final Environmental Impact Report (EIR) demonstrates no new\nsignificant impacts and that no further environmental review is needed,\nconsistent with the California Environmental Quality Act (CEQA)\nGuidelines sections15162 and 15183.

8C. CONSIDERATION OF A RESOLUTION CONDITIONALLY APPROVING A\nDEVELOPMENT PERMIT 25-224, CONDITIONAL USE PERMIT 25-223,\nDISCRETIONARY SIGN PERMIT 25-263, AND TENTATIVE TRACT MAP\n25-225 TO ALLOW THE CONSTRUCTION OF A NEW LIGHT INDUSTRIAL\nBUSINESS PARK COMPLEX AT 1000 CALLE CORDILLERA WITH 11 NEW\nBUILDINGS ON VACANT LAND, IN CONJUNCTION WITH A MASTER SIGN\nPROGRAM, A LAND AND CONDOMINIUM SUBDIVISION FOR INDIVIDUAL\nOWNERSHIP OF EACH BUILDING/SUITE, AND PARTIAL ABANDONMENT\nOF A 30-FOOT EASEMENT FOR PUBLIC ACCESS, PUBLIC UTILITY AND\nSTORM DRAIN PURPOSES, AND MAKING FINDINGS UNDER THE\nCALIFORNIA ENVIRONMENTAL QUALITY ACT (Part2)\nPublic Hearing to consider Development Permit 25-224, Conditional Use\nPermit 25-223, Discretionary Sign Permit 25-263, and Tentative Tract\nMap 25-225 to develop a new light industrial business park complex with\neleven new buildings on vacant land, in conjunction with a Master Sign\nProgram, and a Tentative Tract Map for a land and condominium\nsubdivision, to allow for individual ownership of each building and/or\neach industrial suite. A 30-foot easement for public access, public utility,\nand storm drain purposes will be partially abandoned.\nStaff Recommendation\nAdopt Resolution 25-138, which will:\n1. Determine that the project does not require further environmental review\nunder the California Environmental Quality Act (CEQA) per CEQA\nGuidelines sections 15162 and 15183.\n2. Conditionally approve Development Permit 25-224, Conditional Use Permit\n25-223, Discretionary Sign Permit 25-263, and Tentative Tract Map\n25-225 for the Luminar Business Park project.

8D.\nCONTINUED PUBLIC HEARING REGARDING THE FAILURE OF\nBROADMOOR SAN CLEMENTE COMMUNITY ASSOCIATION TO ENFORCE\nCERTAIN COVENANTS, CONDITIONS AND RESTRICTIONS (CC&RS)\nPublic Hearing to review the Covenants, Conditions and Restriction\n(CC&R) violations and determine whether the City of San Clemente shall\nassume enforcement duties as permitted under Article XII of the\nBroadmoor Homeowners Association Covenants, Conditions and\nRestriction (CC&Rs). Should the City take on enforcement\nresponsibilities, the reasonable costs incurred, including reasonable\nattorney fees, may be assessed to the Homeowners Association,\npotentially leading to a uniform assessment against each lot within\nBroadmoor San Clemente.\nStaff Recommendation\nOpen the public hearing, receive public testimony and comment, close the\npublic hearing and determine that the Broadmoor Association has continued\nenforcement of its Covenants, Conditions & Restrictions (CR&Rs), and\ncontinue the public hearing to January 20, 2026, to allow the Broadmoor\nAssociation’s process to continue according to their specified timelines.