CITY OF SAN CLEMENTE
MINUTES OF THE REGULAR MEETING
OF THE ZONING ADMINISTRATOR
NOVEMBER 9, 2023
San Clemente City Hall
First Floor Community Room
910 Calle Negocio
San Clemente, California 92673
1. CALL TO ORDER
Zoning Administrator Adam Atamian called the Regular Meeting of the City of San Clemente Zoning Administrator to order on November 9, 2023 at 3:01 p.m.
The meeting was held in the First Floor Community Room of City Hall, 910 Calle Negocio, and San Clemente, California.
Staff Present: Adam Atamian, Zoning Administrator
Zak Ponsen, Assistant City Engineer
Debbie Fields, Senior Customer Service Specialist
David Carrillo, Assistant Planner
Karla Morales, Community Development Technician
Tamara Tatich, Office Specialist
2. MINUTES
A. Receive and file Minutes from the Zoning Administrator Regular Meeting of October 19, 2023.
3. ORAL AND WRITTEN COMMUNICATION
None.
4. PUBLIC HEARING
A. Temporary Use Permit 23-384-1, PPA Tour Pickleball Tournament, 111 Avenida Vista Montana
A request for a 4-day special activity for a pickleball tournament at Lifetime Fitness, from November 30, 2023 to December 3, 2023, between 7am-8pm daily and hosting up to 1,000 daily guests.
Staff recommends that the project be found Categorically Exempt from CEQA pursuant to State CEQA Guidelines Section 15304 (Class 4e: Minor Alterations to Land: Minor temporary use of land having negligible or no DRAFT
Minutes of the Zoning Administrator Regular Meeting November 9, 2023 Page 2 permanent effects on the environment, including carnivals, sales of Christmas trees, etc.). The project is exempt because the existing property is designed to accommodate outdoor recreation activity, and the proposed event involves only minor temporary alterations to the property to accommodate the event.
This project was originally submitted, reviewed, and publicly noticed as a Special Activities Permit (previously SAP 23-350). City of San Clemente Ordinance No. 1759 became effective on November 3, 2023, therefore this project is now classified as a Temporary Use Permit. The project description remains unchanged from the public noticing.
Assistant Planner David Carrillo summarized his staff report.
Brianna Stevens, on behalf of applicant Lifetime Fitness stated that this is the third year hosting the event, and that each year they have put in great effort to resolving parking issues to ensure the event has the least possible impact on the surrounding neighborhoods. This year, they are relocating event parking to the Outlets of San Clemente on Avenida Vista Hermosa and the 5 Freeway. We will also operate within the permitted hours of operation so that our neighbors aren’t interrupted with noise outside those hours.
Having no further questions, ZA Atamian opened the public hearing.
Shelly Hulsizer, 35-year resident in close proximity to Lifetime Fitness submitted concerns via email in addition to being present for the hearing and stated her two primary issues are traffic control and communication.
Ms. Hulsizer stated that homeowners along Vista Montana and Del Cerro are angered and frustrated with the traffic caused by those unable to park in the Lifetime Fitness parking lot. Ms. Hulsizer expressed displeasure that the shuttle stop is at the driveway instead of inside the parking lot, creating a road block for resident and attendee traffic. There was also a concern with event attendees parking up Vista Montana in that they are using the neighborhood’s park parking spaces across from Lobo Elementary, leaving no parking for resident families that use the park for their enjoyment. Ms.
Hulsizer requested to see the Traffic Management Plan, and that she would like to see a message board at the entrance provided by Lifetime that says “No Event Parking.”
Ms. Hulsizer stated that she called Lifetime Fitness regarding the event parking situation that was occurring during their event last June, 2023, and was told that there was nothing that could be done. The residents never received advance notice that the June event was being planned, and when they questioned Lifetime Fitness why the master association wasn’t informed, they were told by Lifetime Fitness staff that they weren’t obligated to do so.
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Minutes of the Zoning Administrator Regular Meeting November 9, 2023 Page 3 Ms. Hulsizer requested the City’s Parking Control Officer to guide the parking process during events. Ms. Hulsizer requested a phone number or a text hotline answered by City staff or the Orange County Sheriffs Department in the event there are issues with parking. Ms. Hulsizer requested a resident meeting with the Lifetime Fitness staff to learn what is planned in the future.
ZA Atamian thanked Ms. Hulsizer for her comments while acknowledging that there are a many considerations to address with the applicant.
Ms. Stevens confirmed that no one from the the Professional Pickleball Association (PPA) was in attendance and confirmed that the event is expecting up to 1,000 spectators and participants per day between 7am to 8pm. ZA Atamian asked the applicant how people sign up, whereby Ms.
Stevens stated that spectator tickets are purchased through the PPA website and added that the pro and amatuer athletes register. ZA Atamian asked how many spectator tickets are available for sale, at which Ms.
Stevens was unsure but stated that they project ticket sales based on previous events that there are 30 pro and 300 amateur players for 330 total participants. ZA Atamian confirmed that this would leave 670 spectators to purchase tickets each day, and then questioned Ms. Stevens if the spectator tickets were capped to prevent 671 or more tickets to be sold.
Ms. Steven stated that once the tickets sell out, people are not able to purchase and that there is a check-in desk for them to sign in. If they don’t have a ticket, they aren’t allowed into the event.
ZA Atamian stated that there will be a Condition added that limits the total of spectator ticket sales and asked how many tickets have already been sold. Ms. Stevens was not sure. ZA Atamian stated that he didn’t want to place a Condition that stipulates a lower number than what may have already been sold. Ms. Stevens confirmed that 1,000 people include pros and amateur participants, and spectators; and that the day’s event would then be sold out once they reach 1,000 ticket sales. Ms. Stevens was amicable to adding a Condition to limit ticket sales. ZA Atamian asked and Ms. Steven confirmed that staff managed the check-in and kept track of tickets.
ZA Atamian confirmed the 231 parking spaces cover the amount of required parking for the operation, and asked if there ever been any considerations of not having Lifetime Fitness operate during the time that an event is expecting almost four-times more people on the property so that the parking spaces could be used for the event. Ms. Stevens stated that member attendance usually goes down because they don’t want to use the club during events; however, there are many members that want to attend the event adding that the parking lot is always full. ZA Atamian questioned the applicant that if member usage is down during past events, and spectator traffic is directed somewhere else to park, it seems that there would be space for parking at Lifetime Fitness. Ms. Stevens stated that DRAFT
Minutes of the Zoning Administrator Regular Meeting November 9, 2023 Page 4 members often attend the tournament as spectators and they use the parking lot, which is why they have organized over-flow parking at the San Clemente Outlets. ZA Atamian confirmed that you can park in the lot if you’re a member and have a ticket to attend. Ms. Stevens stated that this has worked best in the past so they are able to have a decent flow of traffic by not sending public patrons to Lifetime Fitness. Ms. Stevens stated that it worked best to have the communication be for ticket holders to park at one specific place, this year being the San Clemente Outlets. ZA Atamian asked how many members have been turned away from parking in the past, and Ms. Stevens stated to her knowledge no one has ever been turned away, and added that many members rideshare, Uber or use the shuttle. Ms. Stevens also added that there is an attendant to help with traffic and parking.
ZA Atamian agreed that the local school parking lots should not be used and introduced Debbie Fields from Beaches, Parks and Recreation who has expressed concerns with parking at Lobo Elementary School, as it has negatively impacted the City’s park. Lifetime Fitness event attendees will park along the street and around the park; thus, affecting the City’s park rentals to the point where refunds were processed permitted activities. Ms.
Fields stated that there are currently City events permitted on both Saturday and Sunday while the pickleball tournament is being hosted. ZA Atamian stated that he is not seeing any direct methods of addressing the concerns that have arisen from previous events in the application.
ZA Atamian asked how many people took the shuttle in the past. Ms.
Stevens stated that in June, the shuttle was a ten-minute turn-around time and that every shuttle was full, which left them with a positive utilization of the shuttle service. The June event had a much larger attendance, and why they are limiting the participating pros and amateurs for this event. ZA Atamian requested the number of total attendees at the June event, and Ms. Stevens stated anywhere between 1,500 to 2,000 daily, with Saturday and Sunday being the larger attendance.
ZA Atamian introduced Captain Christian and Sargent Streeter with the Orange County Sheriff Department (OCSD) and asked the officers to confirm the number of parking citations issued during the June event, and also at a prior fall event. Sargent Streeter confirmed that dispatch receives a lot of calls during tournaments. On Saturday last June there were over 60 cites, total for the three days were just under 100. They received numerous calls are from angry residents. The residents can’t see oncoming traffic due to the cars being lined up on Vista Montana. The streets are heavily impacted. A Community Service Officer placing citations on cars illegally parked was hit by a car during the last tournament in June and stated that the Lifetime Fitness events severely impact law enforcement.
ZA Atamian asked staff when the Traffic Management Plan (TMP) is required by the applicant, whereby staff replied that there is recommended DRAFT
Minutes of the Zoning Administrator Regular Meeting November 9, 2023 Page 5 change to Condition 7.27, which addresses the TMP; however, at the moment no date references when it must be submitted. The applicant was agreeable to submitting and obtaining approval from Public Works by November 17, 2023. ZA Atamian recommended the Condition to state that if the applicant does not obtain an approved TMP from the City by November 17, 2023 that the event will not take place.
ZA Atamian addressed Zak Ponsen, Assistant City Engineer regarding time needed for review and approve the TMP, which Mr. Ponsen stated that the request could be expedited, but based on the past complaints, staff would like to collaborate with OCSD. Mr. Ponsen added they will likely add Conditions to limit the use around the school area and park since the school will be in session so that parents and students have access to parking. Mr. Ponsen said he’ll do his best to review quickly, with an understanding that he also needs to work with other departments. In years past, there hasn’t been enough time to fully access the TMP. We’re agreeable to the message boards, yet Engineering has repeatedly asked that the point of sale for tickets include acknowledgement that the buyer is parking offsite. Currently, there is no mention at all that parking is offsite, which is of great concern. Buyers of tickets need to acknowledge the offsite parking prior to fulfilling the sale.
ZA Atamian asked what all is included in a TMP, whereby Mr. Ponsen stated it is difficult to explain the process. In this case there’s offsite parking and how they are going to direct traffic to that area such as advance warning through ticket sales or relying on signage on the street when you start getting off the freeway. For the high school parking area, it was the message board. However, all the attendees are still driving up to the event site and there’s not a designated area or space allowed to turn around, which is causing issues. In the past, it’s been difficult to get a plan approved that includes not only get a TMP, but also a description of how everyone is going to keep moving through the area, especially the residents. The TMP should include more narrative on how they’re going to prevent and enforce traffic from parking at Lobo and the park on Calle Aguila. ZA Atamian and Mr. Ponsen discussed modifications to Condition of Approval 7.27 to mediate the impact.
In reviewing the Resolution for approval ZA Atamian stated that it was a tremendous job by staff in addressing all the concerns. There are Findings that need to be made. The proposed use is permitted within the subject zone, as stated by staff in the report. However, the remaining Findings: the site is suitable for type and intensity of the proposed use; the proposed use will not be detrimental to the public health, safety or welfare; and the proposed use will not impact the surrounding land uses are becoming difficult to make. ZA Atamian appreciates the publics comments and because of those comments, the Finding that the proposed use will not negative impact the surrounding land uses needs to be investigated.
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Minutes of the Zoning Administrator Regular Meeting November 9, 2023 Page 6 The information shared by Sargent Streeter that a Community Service Officer was hit trying to manage illegal parking was a direct result of the previous events makes the Finding that the proposed use will not be detrimental to the public health, safety and welfare is even more difficult to make. Ultimately, the suitability of the site for the use that is proposed is not providing any parking for the tournament. There is parking on the site, but not being used for the tournament. The commitment from the property operators to give primary use to the tournament during this time, places the hearing body in a difficult position because we don’t have an approved TMP. Clearly the TMP of the past did not work. The Sheriff’s staff is commended for enforcing significant issues that make their lives more dangerous.The applicant’s events should be self-contained and not rely on the Sheriffs to police the event. ZA Atamian is amicable to Conditions of Approval that stipulate what is outlined; however, it is requiring the ZA to determine solutions to problems that Lifetime and the Professional Pickleball Association have known about since the first event. The ZA Atamian stated a lack of comfort approving an event that is going to operate similar to previous events.
ZA Atamian acknowledged that the City’s Beaches, Parks and Recreation (BPR) has events during the tournament, at which time BPR staff stated that the park event attendees will be given parking passes that will allow them to park on the curbside alongside of San Clemente Park. To park, you must have a parking pass and per Mr. Ponsen, that can be incorporated into the TMP and the applicant fee will also include custom signs for this purpose. Mr. Ponsen stated that it would be helpful to know how many cars are anticipated at the City events for projecting space needed for parking. Otherwise, staff will cordon off that side of the street, but that doesn’t address parking for parents, teachers and staff.
Staff explained that a Traffic Management Plan is a strategic collaboration to address intended uses, drop off areas and the actual practices. The Traffic Control Plan is more tactical, such as placement of cones, signs and other devices. The Traffic Management Plan is going to explain the procedures. Staff stated that signs need to be placed at least 72-hours in advance, and is critical along Calle Aguila. If the signs are placed overnight, cars will not park in those areas the following morning. Staff provides the signs for the applicant to place where designated in the Traffic Control Plan.
ZA Atamian thanked staff, the applicant, the public that came forward with comments, Captain Christiansen and Sargent Streeter for providing pertinent information about the effectiveness of parking strategies at previous events and some of the unfortunate sideeffects resulting in the lack of attendees complying with the plans. The City’s objective is to support the private organizations and these types of events; however, in order to make the Findings, there are some additional Conditions needed.
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Minutes of the Zoning Administrator Regular Meeting November 9, 2023 Page 7 There being no further discussion, ZA Atamian closed the public hearing.
The Findings for Approval can be met with the following staff recommended Conditions of Approval:
• The proposed use is permitted within the subject zone • The site will be made suitable for the type and intensity of use that is proposed
• The proposed use will not detrimental to the public health, safety and welfare once properly mitigated; and
• The proposed use will not negatively impact surrounding land uses The following Conditions of Approval shall be modified and added to the Resolution in support of the above-referenced Findings:
• 7.11: Speakers shall be directed away westward, away from the nearby residential neighborhoods of Rancho San Clemente. Speakers shall be calibrated so that sound from them does not exceed 65 decibels when measured at any point outside the Lifetime Fitness property. • 7.15: Subsequent to the project approval, the City Planner and Chief of San Clemente Police Services or the Director of Public Works, or their designees determines that parking issues are negatively affecting the project site, adjacent properties, or the surrounding street network, the applicant shall submit an amendment to SAP 23-127 with a plan to address the parking and/or traffic issues. The plan may include entering into an off-site parking agreement, creating short-term parking stalls, and/or active monitoring and enforcement to manage parking. The applicant shall be responsible for implementing the parking management plan, at their expense. The amendment shall be subject to Community Development Director review and approval.
• 7.20: The activity may be closed down at the discretion of the Police Department if it becomes unreasonably loud or boisterous, or parking concerns identified by San Clemente Police Services or Public Works Department are not being addressed in a reasonable or timely fashion. • 7.27: Prior to the commencement of the event, the applicant shall hire a Traffic Management company to implement a Traffic Management Plan during the days of the event, as approved by the Public Works Department. The Traffic Management Plan shall require a minimum of a 96-hour review period, more specifically the Traffic Management Plan shall be submitted no later than November 15, 2023 and approved no later than November 22, 2023. The applicant acknowledges and understands that the typical minimum review period necessary for each submittal, either initial or subsequent to corrections being provided, is at least 48 business hours.
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Minutes of the Zoning Administrator Regular Meeting November 9, 2023 Page 8 • 7.31: Prior to the commencement of the event, the applicant shall implement a City approved Parking and Transportation Management Plan to be used as an operational and management plan to facilitate the parking and transportation of all event attendees, whether participants, spectators, employees, owners or association members or the like, to ensure the parking and transportation to and from the site has as minimal impact on the City’s public right of way and may, at the discretion of the public works director or it’s designee, include the locations of acceptable parking and shuttle pick-up and drop-off locations, the placement of “no parking” signs at the applicant’s expense, a coordinated effort with Beaches, Parks and Recreation to limit access as feasibly as possible around park and school facilities or other commercial properties or residential neighborhoods to ensure that the pickleball event parking is as contained on the property or at the San Clemente Outlets as possible, and any other related features of the plan as deemed appropriate by Public Works; Beaches, Parks and Recreation Department; or San Clemente Police Services. • 7:32: The Professional Pickleball Association (PPA) to update the event website for offsite parking acknowledgement no later than November 10, 2023.
• 7.33: Signage no smaller than 2’ x 2’ on white background and black lettering no smaller than 2” tall shall be placed along the entrance of Lifetime Fitness to read, “NOTICE“ at the top in all caps and underlined, followed by “A manager is available to respond to complaints by the public [provide a phone number that is monitored]. Sign shall be reviewed and approved by Planning Staff prior to installation.
ZA Atamian reopened the public hearing for the purpose of addressing the public. ZA Atamian inquired to Ms. Hulsizer the best practice for communications to be delivered through the homeowners’ association. Ms.
Hulsizer suggested going through the master association for the next Condition of Approval.
• 7.34: The event organizers or applicant shall provide notification to a Rancho San Clemente Master Homeowners Association with details of their upcoming events including timing of set-up and tear-down both on and off site, the schedule of events, information about where parking and shuttle transportation will be provided, and any pertinent details related to parking permits or other aspects that may affect nearby residents that are a result of the Traffic Management Plan or the Parking and Transportation Management Plan. This communication shall be reviewed by the City Planner prior to distribution to the Rancho San Clemente Homeowners Association. The communication shall be provided at least 10 days prior to the event set up.
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Minutes of the Zoning Administrator Regular Meeting November 9, 2023 Page 9 At the request of Ms. Hulsizer, ZA Atamian asked the applicants to consider providing a 30-day notice of events to the Rancho San Clemente Homeowners Association.
ZA Atamian closed the public hearing.
Staff requested that approval of the TMP predicated on an acknowledgment that they accept the use of the San Clemente Outlet’s parking and shuttle service.
Based on the information in the staff report and subject to the required Findings and Conditions of Approval, ZA Atamian determined the project is Categorically Exempt from CEQA Guidelines section 15304 (Class 4e:
Minor Alterations to Land: Minor temporary use of land having negligible or no permanent effects on the environment, including carnivals, sales of Christmas trees, etc.). The project is exempt because the existing property is designed to accommodate outdoor recreation activity, and the proposed event involves only minor temporary alterations to the property to accommodate the event.
Action: The Zoning Administrator adopted Resolution ZA23-020, approving Temporary Use Permit (TUP) 23-381, PPA Tour Pickleball Tournament, subject to the Conditions of Approval with the modifications and additional changes as referenced.
B. Temporary Use Permit 23-382, Major League Pickleball San Clemente, 111 Avenida Vista Montana
Assistant City Planner David Carrillo stated that he received written notice from the applicant that they withdrew the request for a 5-day special activity permit for a pickleball tournament at Lifetime Fitness, from December 7-11, 2023. Therefore, ZA Atamian proceed to Agenda Item 4-C.
C. Development Permit 23-372, Giardina Remodel, 167 Calle Redondel A request for an 80 square foot addition and exterior façade remodel to an existing single-family residence. The property abuts a Historic Structure located at 165 Calle Redondel and is located in the Residential Low Zone.
Staff recommends that the project be found Categorically Exempt from CEQA pursuant to State CEQA Guidelines Section 15301 (Class 1:
Existing Facilities).
This project was originally submitted, reviewed, and publicly noticed as a Minor Cultural Heritage Permit (previously MCHP 23-257). City of San Clemente Ordinance No. 1759 became effective on November 3, 2023; DRAFT
Minutes of the Zoning Administrator Regular Meeting November 9, 2023 Page 10 therefore, this project is now classified as a Development Permit. The project description remains unchanged from the public noticing.
Community Development Technician Karla Morales and Assistant Planner David Carrillo summarized the staff report.
Applicants and owners Melissa and Greg Giardina, accompanied by designer/architects Dustin Morris and Jennifer Otsuki were available for questions.
Having no further questions of staff, ZA Atamian opened the public hearing.
Joel Manalastas, neighbor in the non-historical residence, stated that he was present to learn about the project. Mr. Manalastas inquired if the ADU was under a different permit. ZA Atamian advised that ADUs are under an administrative review in that there is no discretion and therefore not being addressed in this hearing.
There being no further comments, ZA Atamian closed the public hearing.
ZA Atamian thanked the applicants for investing in their property and stated that he had visited the property. ZA Atamian added that the historical structure is nearly hidden from view, but he did notice two other homes on the other side of the historical property had recently been upgraded and were very prominent homes. ZA Atamian commended the applicants on the creative, yet minimal expansion of the home. ZA Atamian had no issues with the proposed design and stated the results will positively enhance the neighborhood.
ZA Atamian referenced staff’s Condition of Approval about discretion regarding the garage door and asked if staff felt they needed to see the door beforehand, adding that there will be a planning final that may make this unnecessary. Staff stated that they could review the door.
Designer Morris stated that the door materials referenced were a drafting error. There is a new photo the depicts the brown garage door and that it will be within the specifications. ZA Atamian stated that if the door hasn’t been specifically identified, he wants to keep the Condition
4.16 with the following modification: “Planning Staff shall review the design of the two-door garage during plan check review to ensure consistency with the applicable design guidelines.
ZA Atamian noticed in the plans that the standard language on the elevation notes of the stucco treatment of the wall, the two-piece clay roof and the mud packing. Those statements are usually within the Conditions of Approval, but there is no need since they are specified on the plans.
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Minutes of the Zoning Administrator Regular Meeting November 9, 2023 Page 11 ZA Atamian made a note during this site inspection that the property is not very concussive to a sidewalk, and asked staff if a sidewalk is required. Staff responded that this is a standard Condition that is typically implement during Plan Check Review. With the valuation of the project exceeding $50,000, there will be a requirement of a sidewalk.
ZA Atamian stated that he wanted to make sure the applicants acknowledge this now rather than further into construction.
ZA Atamian asked staff is a Minor Exception Permit for a garage encroachment was previously approved for this project, and staff stated that they could not locate a permit in their research. ZA Atamian acknowledged that most residents on this street park in very short driveway; therefore, ZA Atamian requested to add a Condition of Approval that if you park over a sidewalk when there is a continuous sidewalk, which there may be in the future, the Orange County Sheriff’s Department will issue a citation for ADA purposes. ZA Atamian stated that the sidewalk goes into the public right-of-way in the drive approach and so a wraparound is generally required; however, that doesn’t seem feasible with the planters on the right and the staircase on the left, and order to accommodate a wraparound sidewalk, you’ll have to move the walls and the stairs back. However, if you have to build a wall over 30”, that won’t work. ZA Atamian advised the applicants to submit a sidewalk waiver request and suggested it be done as soon as possible.
ZA Atamian thanked staff for the report and the applicants for their great work on the project.
The required Findings for this project can be met in that the project will improve the massing of the current building by decreasing the width of the existing front wall plane and providing a greater setback to the tower addition. The increased visibility of a historic property is a benefit to the community. The project complies with the applicable development standards. The project incorporates the property’s natural topography.
The project incorporates architectural features outlined in the Henry Lenny Design Guidelines. The proposed project does not preclude neighboring properties from being used by the intended zone.
Based on the information in the staff report and subject to the required Findings and Conditions of Approval, ZA Atamian determined the project is Categorically Exempt from CEQA pursuant to State CEQA Guidelines §15301 (Class 1e: Existing Facilities). This exemption allows for additions to existing structures which do not result in an increase over 2,500 square feet or greater than 10,000 square feet provided public services and facilities are available to allow for maximum development permissible in the General Plan and the area in which the project is located is not environmentally sensitive. This is recommended because the project consists of an 80 square-foot addition and remodel DRAFT
Minutes of the Zoning Administrator Regular Meeting November 9, 2023 Page 12 of existing space to a single-family residential building within a developed residential neighborhood.
Action: The Zoning Administrator adopted Resolution ZA23-018, approving Development Permit 23-372, Giardina Remodel and Addition, subject to the attached Conditions of Approval as modified.
5. NEW BUSINESS
None
6. OLD BUSINESS
None
7. ADJOURNMENT
The meeting adjourned at 4:47 p.m. to the Regular Meeting of the Zoning Administrator, which will be held Thursday, December 21, 2023 at 3:00 p.m. at Community Development Department, City Hall, First Floor Community Room, located at 910 Calle Negocio, San Clemente, California.
Respectfully submitted,
SAN CLEMENTE ZONING ADMINISTRATOR
__________________________________
Adam Atamian, Zoning Admini
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strator