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Welcome to "Ask the Mayor!"


Please Click Here to email your question to the Mayor.

Responses with be posted below.

-Mayor Bob Baker

The City of San Clemente reserves the right to withhold and/or edit all blog requests with regards to length, privacy, and appropriateness.

Chickens in San Clemente
Mayor Baker,

I understand that the city has been updating city codes regarding domestic chickens. we have been waiting patiently for the final draft. all of our neighbors have expressed their support for us keeping a few chickens in our back yard for natural pest control, egg production and keeping chickens as pets.

What is the status of the new ordidinances? the current 200 foot set back pretty much rules out all homes in San Clemente. If the city kept a regualtion like this can the 200 foot set back take into consideration our property plus the neighboring yards assuming they have no objections to chickens.

PS: dogs in our neighborhood provide a lot more noise and nuisance than a few chickens would.

San Clemente is preparing a new General Plan -- a document containing a diverse range of policies and programs to guide the Community's future. The Plan is made up of several chapters, or "Elements", that address a wide range of topics including land use, transportation, health and recreation, natural resources and safety. Preliminary draft versions of these elements have been reviewed by a Council-appointed General Plan Advisory Committee (GPAC) and the Planning Commission during many public hearings. One of the newer aspects of the draft Plan being considered is a section on "Health and Wellness." That section includes policies and programs that support improved access to healthful food choices, including the following policy regarding home raising of chickens for fresh eggs and for environmentally safe, garden pest control:

"37. Consider amending the Zoning Ordinance to allow keeping chickens in low-density residential zones for home-based egg production and non-chemical pest control. City will establish guidelines and specific zoning standards for poultry-raising in low-density residential zones."

City regulations now allow the raising and keeping of chickens in residential areas, provided that restrictive, minimum spacing requirements between chickens and neighboring houses are maintained. This new program, if adopted, would allow the City to consider amending standards for greater flexibility in how and where chickens can be raised and kept in residential areas. I should emphasize this is a draft program; which means it may or may not be adopted. It will soon be considered at several public hearings before the Planning Commission and City Council in May and June. If adopted, the ordinance is permissive; that is, it allows but does not require code amendments. In reviewing the draft program, the Planning Commission will consider public comments, land use compatibility issues, environmental benefits or concerns and other factors in deciding whether or not to support this program. Notices of public hearings on the draft "Centennial General Plan" will be posted in the local newspaper and on the City's website at www.san-clemente.org, and I hope you can participate and share your thoughts and ideas with the City Council. If you have further questions, please contact the staff person leading our General Plan work, Jeff Hook, Principal Planner, at (949) 361-6182.

Thank you for writing,

Mayor Bob Baker

Public Right-of-Way
Mayor Baker,

I understand there is a new ordinance that businesses in town must clean the premises around them. Is there a grace period for them to start performing that and was each owner notified of the obligation? Will the city be following up with visual inspections until we have compliance? I haven't noticed any improvement yet in the downtown area.


Ordinance 1564 requires businesses to clean up the public right-of-way within 100ft of their business, of any debris produced or distributed by the businesses' operation. This new ordinance becomes law 30 days after the second reading of the ordinance. In this case the law will take effect on April 4, 2013. During the ordinance adoption process public noticing takes place. In addition to the standard public noticing requirements the Downtown Business Association and the Chamber of Commerce were notified.

Enforcement of this new ordinance will be on a complaint basis. When Code Compliance receives a complaint, an officer will be assigned to investigate. If a violation is verified, the officer will use the standard procedure of obtaining compliance. This process consists of first educating the violator, then issuing correction notices, and if the violation continues to exist, administrative citations of $100, $200, and $500 may be imposed on the violator.

We have found, in the past, that very rarely are citations actually issued, because most citizens and business owners in San Clemente willingly cooperate in efforts to keep their City clean and beautiful, once maintenance and code issues are brought to their attention.

Brent Panas
Code Compliance Supervisor

Residential Smoking
Mr. Bob Baker,
I live in Forster Ranch in San Clemente and have lived here for almost 30 years. I greatly enjoy the clear skies and warm weather here. There is a lot of open space in San Clemente that is wonderful even though the neighborhoods are relatively dense. The reason I am writing this is because my neighbors live 10’ away from my house and they are smokers. There are 3 smokers who live there.

San Clemente has been awesome at protecting individuals from second hand smoke by banning smoking on beaches and in public areas. But I don’t believe we have taken the ban far enough. Let’s be a leader and further protect the citizens of San Clemente from second hand smoke. Before the beach ban, if someone was smoking next to me on a beach, I could have just moved up wind. I can’t quite do that with my home. Smoking outside your home must be prohibited so it does not affect the health of other people, as is what’s happening in my case and all around town.

I would like to petition the city of San Clemente to prohibit Smoking outside their homes and on residential patios and balconies in the city.

San Clemente is a wonderful Southern California beach city, let’s take the lead on protecting the citizens of San Clemente and prohibit smoking not only outside in multiunit housing complexes, but outside in single family residences.

Thank You.

Thank you for taking the time to share your concerns about the bothersome cigarette smoke from your neighbors’ smoking in their backyard. Personally, I do not smoke and agree with you that cigarette smoke is unpleasant. It is also detrimental to one’s health. As you mentioned in your correspondence, the City of San Clemente has been a good citizen-- going the extra mile -- to ensure the enjoyment of public spaces by already banning cigarette smoking on public beaches and trails and other public spaces. I am aware that some cities have implemented broader smoking bans that extend into private, residential patios and balconies to protect people from second-hand smoke. However, this presents us with a difficult challenge. To ban smoking at residential homes, including forcing smoke-free policies in individuals’ private backyard goes too far as this form of regulation represents an unwarranted invasion of individual rights by government. There is no easy solution as the challenge for government involves balancing the rights and freedoms of people on private property with the need to safeguard others from harm.

Sincerely,

-Robert Baker
Mayor

Soundwall Question
I live on 2460 S Ola Vista and the highway noisy is getting louder and more annoying. Can sound walls be installed down to Calafia exit?
Can the highway be blacktopped - its quieter than cement?
Thank you.
Bill Quinn

Dear Mr. Quinn,

Thank you for your email with questions concerning I-5. Much of the City's interaction with Caltrans and the Orange County Transportation Authority (OCTA) comes through the City's Public Works/Engineering office. I followed up with Bill Cameron, Public Works Director/Engineer for the City in response to concerns about increased freeway noise, Caltrans and OCTA have jurisdiction on any proposed soundwalls within Caltrans freeway rights-of-way. Per State law, Caltrans can only install soundwalls when they are required as an environmental impact mitigation measure as part of a new freeway project. In response to noise complaints from Orange County residents, OCTA developed and funded a program to install retrofit soundwalls adjacent to freeways. Funding is limited so OCTA developed a competitive process to evaluate and set priorities for retrofit soundwall construction.

Construction of soundwalls has become a very sensitive issue in San Clemente. Residents who benefit from noise reduction are in favor of soundwalls while other residents are opposed to them because of losing ocean views and concerns about noise levels increasing for them.

Mr. Reza Aurasteh (reza.aurasteh@dot.ca.gov) with Caltrans is the best point of contact regarding freeway soundwalls. Mr. Aurasteh is familiar with that noise measurement and criteria for new soundwalls and can answer questions about freeway noise concerns. Attached for reference is a document entitled PROCESS FOR RESPONDING TO FREEWAY TRAFFIC NOISE COMPLAINTS.

As for the freeway pavement, Caltrans is planning a rubberized asphalt overlay of the entire I-5 freeway through San Clemente after the HOV and interchange projects are done. The estimated timeframe for the overlay project is in 2016.

If you have any further questions or would like to discuss the matter, please feel free to contact Mr. Cameron at (949) 361-6120.

-Bob Baker

City of San Clemente
City Hall | 100 Avenida Presidio, San Clemente, CA 92672 | Phone (949) 361-8200  |  FAX (949) 361-8285
Community Development | 910 Calle Negocio, Suite 100, San Clemente, CA, 92673 | Phone (949) 361-6100  |  FAX (949) 361-8281
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