The San Clemente City Council has voted NO on the proposed homeless shelter in the Rancho San Clemente business park.
The unanimous decision received a 0-4 vote against the suggested 10-year lease at 950 Calle Negocio.
Last night's City Council meeting was standing-room-only. Local business owners, concerned citizens, an ACLU representative, housing advocates, and a current homeless resident were in attendance. In total, close to 40 individuals took the microphone to express their opinions on the hot-topic issue.
City Manager, James Makshanoff, voiced his disapproval of the homeless shelter. He also revealed new information from a previous lawsuit about the homeless issue. Makshanoff shared that once a shelter is full, the Sheriff's Department would not be able to enforce anti-camping laws. The anti-camping laws are only enforceable if there are available beds at a local shelter. The City also could not restrict shelter services to only the local population. Any individual arriving from outside the city would have the same right to a San Clemente shelter bed. Ties to the area's people or places are not required as a qualifier for City-provided services.
Regional Issue
Dan Bane, Mayor Pro Tem, stated this situation is a complex issue. He stated the City does want to do something for the homeless that have ties to San Clemente. Bane continued that the current solution was voted against because there would be no limit on "the folks that we are responsible for."
Bane outlined that San Clemente should not be the "regional clearinghouse for all of the homeless people in Orange County." A regional answer will be the next steps taken by the Council, Bane shared, earning applause from the audience.
Future Unknown
As a final note on the matter, Bane issued a word of caution to the business park occupants. He stated that the area is SB-2 zoned, allowing a homeless shelter of 35 beds or less without discretion from the city.
"If a private entity wants to pull a permit for a shelter anywhere in that (business) park, there could be a shelter there. There is nothing that you or the City can do about it by State law," Bane warned.
CC&R’s To Play A Role?
Andrew Fogg of the law firm Cox, Castle and Nicholson pointed out that the CC&R's could play an important role in future decisions. The CC&R's were City mandated upon the construction of the business park. They govern uses and require developmental committee approval before permit requests to the City.
Fogg said the addition of reasonable rules could allow the development committee to reject certain uses should they disrupt harmony.
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