Despite Assurances & Vote Result, San Clemente Homeless Shelter Purchase Moves Forward
Site Location Along Avenida Pico - Across From San Clemente High School, Rancho San Clemente Business Park, and Gateway Village Plaza
San Clemente, CA: The Emergency Shelter Coalition will steamroll the resounding “NO” vote from local business owners and proceed to close escrow on two combined 10-acre land parcels along Avenida Pico. The vote, tallied last month, determined if the land in question could be removed from the Rancho San Clemente Business Park Association’s covenants, conditions and restrictions. The resolution to remove failed to pass, with an overwhelming majority of approximately two “no” votes for every one “yes” vote.
By Arrow Santos
(Note: Jim Wynne and Kidder Mathews are NOT involved with either party in this transaction.)
(Read our previous articles [here and here] on the ongoing San Clemente homeless shelter escrow. The land is currently owned by the Rancho San Clemente Business Park Association [the Seller]. It has been in escrow since July 2019 – to be purchased by the Emergency Shelter Coalition [the Buyer]. The RSCBP Association did not need current approval from community members to enter into a sale of the land.)
The CC&R's removal was set to be a fulcrum point in the sale process, with the public being told that the Buyer would not purchase the property if it remained in the RSCBP Association. Tom Mauriello, attorney for the Association, stated at a public forum in October, “The termination of the property from the CC&R’s, which requires a vote, is a condition of the closing. So if that condition is not satisfied, then the Buyer would not close. Could they choose to waive that condition and close? Theoretically yes, they could, but they won’t. He told me that.”
Bob Adams, the Association’s president, echoed this statement during a recent phone interview, “They did indicate to us at first that if it didn’t pass, they weren’t going to close. But they still had the ability to do that if they want.”
When asked if anything remained to be completed before the sale is finalized, Adams answered, “No, nothing.” He further clarified, “They have apparently informed the escrow people that they will remove the contingency and they want to close.”
Mauriello stated via email that the ESC is expected to own the land within “weeks rather than months.”
New Owners, Same Limits?
Because of the location of these land parcels, several restrictions are still in place that would prevent or seriously hinder the construction and development of a homeless shelter (or any type of operation for that matter, commercial or residential).
In addition to the RSCBP Association’s CC&Rs staying in place (78 pages of governing rules), the parcels are currently zoned as “Open Space-Private”. This zoning is part of the Measure V ordinance which was approved by San Clemente voters in 2008. Per the City of San Clemente, Measure V is “an initiative amending the General Plan to require voter approval to change open-space designation to non-open-space designation.” This means that a vote of the residents is needed for the two subject parcels to be re-zoned in a manner that would allow people or buildings to use or occupy the space.
Two loopholes would grant up to 1-acre of land to be used without triggering the approval vote requirement. Both of these exclusions require the authorization of the San Clemente City Council and “substantial evidence” per the following text.
Resolution No. 07-68, Section 2, Clauses 4 & 5 (Page 5), states:
“4. To the extent the City Council determines, based on substantial evidence, that such a reclassification is reasonably related to and required for either (a) a project for the stabilization of public or private buildings or property on adjacent land situated outside the Open Space Area that is being so reclassified; or (b) a project for the repair or restoration of damage to public or private buildings or property on adjacent land situated outside the Open Space that is being so reclassified; or
5. Upon the application of an affected landowner, the reclassification of an area of no more than one (1) acre in size, to the extent the City Council determines, based on substantial evidence, either that (a) the Open Space Area in question must be reclassified to authorize or permit a Non-Open Space Use in order to make it feasible for the landowner to develop or use the balance of his property or (b) reclassifying the Open Space Area in question to authorize or permit a Non-Open Space Use allows for a superior development alternative that benefits the public health, safety, or welfare; and provided that the one (1) acre maximum conversion of Permitted Open Space Uses to Non-Open Space Uses authorized under this clause 5 shall be calculated on a cumulative basis for each application; and provided that this exception shall not be applied if the primary reason for the application is to promote the economic feasibility of the project;”
As with any construction project, building permits would need to be filed with the City of San Clemente for a homeless shelter to be developed on any vacant land. Because of the special use, a Conditional Use Permit (C.U.P.) could be required as well. The Application for Discretionary Permits is an 18-page document that is reviewed by the City’s Planning Division. An excerpt from the application describes the C.U.P. as follows: “…the Conditional Use/Minor Conditional Use Permit process gives the City sufficient flexibility to determine whether a specific land use on a given site will be compatible with its environment and the General Plan.”
Approximate site location along Avenida Pico as seen from the Rancho San Clemente Business Park, slope and elevation not shown resulting in a “narrowing” field of view from this elevated angle - Image by Jim Wynne's Team at Kidder Mathews
County Override?
We reached out to Lisa Bartlett, Supervisor of Orange County’s Fifth District, to inquire if the County would ever override San Clemente’s city rules and zoning to allow a homeless shelter on the subject parcels. (This option of donating the land to the County had been previously proposed by the ESC during a public San Clemente City Council meeting.) Supervisor Bartlett indicated she would support, but not interfere, with the City’s decisions, stating, “We are deferring to the City of San Clemente. The County is willing and ready to come to the table to provide necessary wrap-around services if that is ultimately what the City and its residents want.”
In October 2019, then-current San Clemente City Manager James Makshanoff shared an email from Supervisor Bartlett’s office that read in part, “If the Rancho San Clemente property owners were to approve the sale of the parcels for use as emergency shelter, Supervisor Bartlett would not support any effort to obtain County funding or ongoing shelter operations. Our office has verified that County staff is not in discussions with the Emergency Shelter Coalition and would not commit to using this property for a regional shelter.”
Hurry Up And Wait
The end of this saga is far from being clear at this point. As described above, several hurdles remain before a homeless shelter would be cleared for construction or operation on the land along Avenida Pico. The Emergency Shelter Coalition has felt strongly enough about a possible outcome supporting a shelter that they have continued with purchasing the land in spite of these elements. Upon the official close of escrow, the ball will be in ESC’s court on how they proceed with the zoning change, permit process, and building applications with the City of San Clemente.
Let us know your thoughts on this ongoing story via the comments below or by email at contact@wynnecre.com. Bookmark our website (WynneCRE) for City of San Clemente news, homeless shelter updates, business park events, and more!
Multiple attempts for comment from Ed Connor were not returned at the time of publishing. Connor represented the Emergency Shelter Coalition during the 2014 lawsuit with the City and has publicly spoken on their behalf at San Clemente City Council meetings.