RESOLUTION NO. 23-73
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, DENYING MINOR Conditional Use Permit 22-197, primo food bEER AND WINE, a request to allow BEER AND WINE sales for off-site consumption located at 2801 El Camino Real WHEREAS, on June 14, 2022, an application was submitted, and completed on September 27, 2022, by Sam Assi, 2801 South El Camino Real, San Clemente, CA, 92672, for Minor Conditional Use Permit (MCUP) 22-197, a request to allow beer and wine sales for off-site consumption at a grocery/food store. The site is located in the Mixed-Use 5.0 Zone within the Affordable Housing Overlay at 2801 South El Camino Real. The site’s legal description is Lot 1 of Block 1 of Tract 900 and Assessor’s Parcel Number 060-071-10; and WHEREAS, the Planning Division completed an initial environmental assessment of the above matter in accordance with the California Environmental Quality Act (CEQA) and the Zoning Administrator determined that the project is Categorically Exempt from CEQA pursuant to State CEQA Guidelines Section 15301 (Class 1: Existing Facilities) because the project consists of permitting and licensing alcohol sales at an existing grocery/food store involving negligible or no expansion of the use; and WHEREAS, the Development Management Team (DMT) reviewed the proposed project for compliance with the General Plan, Zoning Ordinance, and other applicable City ordinances and codes; and WHEREAS, on November 3, 2022, the Zoning Administrator of the City of San Clemente held a duly-noticed public hearing on the subject application, considered written and oral comments, and facts and evidence presented by the applicant, City staff, and other interested parties, and approved Minor Conditional Use Permit 22-197, subject to Conditions of Approval; and WHEREAS, on November 22, 2022, the City Council of the City of San Clemente held a duly-noticed public hearing and subsequently appealed the November 3, 2022 decision of the Zoning Administrator of the City of San Clemente, requesting that the Minor Conditional Use Permit 22-197 be considered by the City Council; and WHEREAS, on December 20, 2022, the City Council of San Clemente held a duly- noticed public hearing on the subject application and appeal. At that meeting, the appeal was continued by the City Council to accommodate the applicant’s request for a continuation to the February 7, 2023 City Council meeting; and WHEREAS, on February 07, 2023, the City Council of San Clemente held a duly-noticed public hearing on the subject application and appeal, considered written and oral comments, and facts and evidence presented by the applicant, appellants, City staff, and other interested parties and the motion to approve failed to pass; and WHEREAS, on June 20, 2023, the City Council adopted Resolution No. 23-61, approving parking modifications on South El Camino Real and Avenida San Luis Rey. These parking modifications included a reduction of the red curb on South El Camino Real between Avenida San Luis Rey and Avenida Santa Inez to 50 linear feet; an installation of 60 linear feet of green curb for 20 minute limited term parking on South El Camino Real, installation of 40 linear feet of red curb at the northeast corner of Calle Del Comercio and Avenida San Luis Rey, and installation of 80 linear feet of green curb for 20-minutes limited term parking on the south side of Avenida San Luis Rey between South El Camino Real and the alley; and reducing the limited term parking from 24 minutes to 20 minutes for the 80 linear feet of curb on the south side of Avenida San Luis Rey between South El Camino Real and the alley; and WHEREAS, in addition to the parking modifications that required City Council approval, City Public Works staff issued work orders for the following measures to be implemented: repainting the existing 6-foot red curb which had faded on the south side of Avenida San Luis Rey from the end of curb return to east; placing two (2) “SAN LUIS REY PARK-PUBLIC PARKING” signs on Avenida San Luis Rey to provide wayfinding to the nearby public park and its parking lot (which signs are consistent with other City directional wayfinding signage); and posting one (1) “NO PARKING IN ALLEY” sign on the alley behind Primo to avoid traffic obstruction; and WHEREAS, on July 18, 2023, the City Council held a duly-noticed public hearing on the subject application and appeal, considered written and oral comments, and facts and evidence presented by the applicant, City staff, and other interested parties.
NOW, THEREFORE, the City Council of the City of San Clemente does hereby find, resolve and determine as follows:
Section 1. Incorporation of Recitals.
The City Council hereby finds that all of the facts in the Recitals are true and correct and are incorporated and adopted as findings of the City Council as fully set forth in this resolution.
Section 2. California Environmental Quality Act (CEQA) Findings.
CEQA does not apply to the project, pursuant to CEQA Guidelines Section 15270, because the project is being denied.
Section 3. Minor Conditional Use Permit Findings:
With respect to Minor Conditional Use Permit (MCUP) 22-197 for the proposed sale of beer and wine at a grocery/food store for off-site consumption, the City Council finds as follows:
The site is not suitable for the type and intensity of use that is proposed, in that:
The site is currently legal non-conforming in regards to parking requirements, as there is no on-site parking for the business. The zoning ordinance currently requires 1 parking space, per 300 square foot of tenant space. The current square footage of the site is 1, 980 square feet, and would require 6 parking spaces. Although the proposed beer and wine sale (for off-site consumption) is ancillary to a permitted grocery/food store use; the current site is deficient in parking, even with the recent parking modifications.
Due to the non-conforming parking conditions, the site is not suitable for the proposed use as the additional sale and service of beer and wine at the market may result in further increase in demand for parking or result in illegal parking near the site despite recent parking modifications.
The property is directly adjacent to single family detached dwellings with accessory dwelling units to the south, and multifamily dwellings to the north and east. Access to the subject property is challenging due to the non-conforming parking conditions and the lack of available street parking due to shared use with surrounding multi-family residential developments. Due to these site access issues, the site is not suitable for the intensification of this ancillary use.
Section 4. City Council Denial.
Based on the foregoing recitals and findings above, and the written and oral comments, facts, and evidence presented, the City of San Clemente City Council overturns the Zoning Administrator’s action and denies Minor Conditional Use Permit (MCUP) 22-197, Primo Food Beer and Wine.
Section 5. Certification.
The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §
CITY OF SAN CLEMENTE )
I, Laura Campagnolo, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 23-73 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, _________, by the following vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
_________________________
Elizabeth A. Mitchell, City Attorney
Resolution No. 23-73 Page 3
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