City Council

D. INTRODUCTION (FIRST READING) OF ZONING TEXT AMENDMENT TO SAN CLEMENTE MUNICIPAL CODE SECTION 17.28.206 - TEMPORARY PARKLET DINING, CONSIDERATION OF A RESOLUTION CONTINUING THE PARTICIPATION FEE AND FINDING THE ACTIONS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Public Hearing to consider a zoning text amendment to San Clemente Municipal Code (SCMC) Section 17.28.206 - Temporary Parklet Dining - which establishes permitting and licensing guidelines for temporary outdoor dining facilities. The proposed amendment would extend the “Parklet Program” under this Section to July 1, 2026 in accordance with Assembly Bill 1217. The City Council will consider whether the project be found Categorically Exempt from the California Environmental Quality Act (CEQA), including under CEQA Guidelines Section 15301 (14 CCR § 15301, Class 1: Existing Facilities); Section 15303(e) (14 CCR 15303(e), Class 3: New Construction or Conversion of Small Structures); Section 15304(e) (14 CCR § 15304(e), Class 4: Minor Alterations to Land); Section 15305(b) (14 CCR § 15305(b), Class 5: Minor Alterations in Land Use Limitations); and Section 15311 (14 CCR § 15311, Class 11: Accessory Structures). Staff Recommendation 1. Open the public hearing, receive the staff report and public comments and testimony, and close the public hearing. 2. Determine Zoning Amendment 23-424 is consistent with the intent of the state enabling legislation (Assembly Bill 1217) because it establishes a temporary parklet program that regulates the time, place, and manner of temporary outdoor dining facilities as encouraged by the State of California and is categorically exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15301 (14 CCR § 15301, Class 1: Existing Facilities); Section 15303(e) (14 CCR § 15303(e), Class 3: New Construction or Conversion of Small Structures); Section 15304(e) (14 CCR § 15304(e), Class 4: Minor Alterations to Land); Section 15305(b) (14 CCR § 15305(b), Class 5: Minor Alterations in Land Use Limitations); and Section 15311 (14 CCR § 15311, Class 11: Accessory Structures). 3. Introduce Ordinance No. 1772 entitled AN ORDINANCE OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING SECTION 17.28.206 OF THE SAN CLEMENTE MUNICIPAL CODE, REGULATING TEMPORARY PARKLET DINING WHICH ESTABLISHED STANDARDS FOR OUTDOOR DINING AREAS AND SUNSETS ON JULY 1, 2026. 4. Adopt Resolution No. 24-10, which would establish a participation fee of City Council REVISED Special and Regular Meeting January 16, 2024 Agenda four dollars ($4) per square foot per month for parklets on public property and one dollar ($1) per square foot per month for parklets on private property to be incorporated within the updated Limited Term Parking Relief Agreement. These fee amounts would be unchanged from the rates applied between 2021-2023.