CITY OF SAN CLEMENTE
MINUTES OF THE REGULAR MEETING
OF THE ZONING ADMINISTRATOR
February 22, 2024
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 February 22, 2024 at 3:00 p.m. The meeting was held in the First Floor Community Room of City Hall, 910 Calle Negocio, San Clemente, California.
Staff Present: Adam Atamian, Zoning Administrator
David Carrillo, Associate Planner
Tamara Tatich, Office Specialist
2. MINUTES
A. Receive and file Minutes from the Zoning Administrator Regular Meeting of February 8, 2023.
3. ORAL AND WRITTEN COMMUNICATION
None.
4. PUBLIC HEARING
A. Public Hearing Project (PHP) 23-411, Sunset Shores Façade Remodel, 410 Corto Lane
A request for a Development Permit (DP) 23-415 for exterior improvements, including a height increase for faux roof extensions, façade improvements, and architectural embellishments, to an existing 18-unit condominium building located at 410 Corto Lane within the Pier Bowl Specific Plan and the Architectural (A) Overlay District.
Staff recommends that the item be continued to the next Regular Meeting of the Zoning Administrator on March 7, 2024.
Zoning Administrator Atamian acknowledged that the noticing materials needed to notify property owners and residents were not received in time to allow proper notice of the public hearing.
Additionally, the applicant is considering design modifications as Minutes of the Zoning Administrator Regular Meeting February 22, 2024 Page 2 suggested by the Design Review Sub-Committee. Therefore, Zoning Administrator Atamian will continue Item 4-A to a future date to be determined.
B. Public Hearing Permit (PHP) 23-437, Mason Residence Addition, 235 Avenida Miramar
A request for a Minor Exception Permit (MEP) 23-436 and a Minor Cultural Heritage Permit (MCHP) 23-129 to allow a rear attached two-story addition, with a side-yard setback of three feet, one inch, where five feet is required, to a single-family residence listed as a historic resource.
Staff recommends that the project be found Categorically Exempt from CEQA pursuant to State CEQA Guidelines Section § 15301 (Class 1: Existing Facilities) and 15331 (Class 31: Historical Resource Restoration/Rehabilitation).
Associate Planner David Carrillo summarized the staff report.
Zoning Administrator Atamian thanked staff and asked if anyone on the applicant’s team would like to address the Zoning Administrator.
Architect Michael Luna introduced the applicants, Matt and Tiffany Mason, and gave a summary of the property constraints and reviewed the design elements that meet the needs of a modern family with minimal impact to the neighboring properties. Ms. Mason provided history of the property, their sensitivity to the historical structure, and gave an overview of the research and preservation measures taken on this project.
Zoning Administrator Atamian thanked applicants, opened the public hearing and asked the public in attendance if they would like to address the Zoning Administrator.
Larry Culbertson, resident and past president of the San Clemente Historical Society read a letter that summarized concern in that the home was not only designed and built by Virgil Westbrook, Mr.
Westbrook lived in the home for nearly ten years. Mr. Culbertson expressed a need for assurances that the project will not reduce the integrity of the property to a level that it no longer qualifies for a listing on the National Register of Historical Places.
Lars Krogius, neighbor and owner of a historical property, expressed his support of the project and his appreciation of property owners that have invested in a historic home’s preservation, as well as a need for families to design for modern living to ensure sustainability.
Minutes of the Zoning Administrator Regular Meeting February 22, 2024 Page 3 Zoning Administrator Atamian confirmed with staff that the Mills Act agreement was signed in 2021.
Zoning Administrator Atamian asked staff if the property was eligible for the National Register of Historic Places, which staff stated a clause in the home’s survey stating the home’s potential to be included in a historic district, but not as an individual property in the National Register. Zoning Administrator Atamian asked if inclusion in the National Historic Register required the property owners consent, which staff confirmed that it does not require owner consent for a district.
Zoning Administrator Atamian stated he visited the site and that he is familiar with Michael Luna’s commendable body of work. Zoning Administrator Atamian found the design to be a very pleasing. Zoning Administrator Atamian stated that he reviewed the Minutes of the Cultural Heritage Subcommittee that indicated the committee was supportive of the project advancing to the Zoning Administrator Meeting, and asked staff for a summary of the discussion including the architectural treatment of the addition. Staff stated that they were not in the meeting; however the City Planner communicated that the committee was supportive and deemed the design was consistent with Secretary of Interior Standards. The main comment was that further justification be provided for the setback. Zoning Administrator Atamian stated that he did review the letter regarding justification as stated.
Zoning Administrator Atamian closed the public hearing and commented that it has not been the City’s past practice to include private residences to the National Historic Register. Zoning Administrator Atamian expressed appreciation for owners investing in the historical property and educating themselves on the Secretary of Interiors Standards. Zoning Administrator Atamian explained that the goal of the Mills Act, while providing tax relief, is to maintain historical properties and inclusive of maintaining the property is that additions are not to be substantially detremental to the historic nature of the property.
Zoning Administrator Atamian agreed that the rear of the home is the best location for a room addition. Zoning Administrator Atamian observed on his site visit that the sidewalk was approximately four feet below the threshold of the house, thus the second story would not be visible from the street. Zoning Administrator Atamian commented that the home is well situation and that there would be a clear differentiation between the main structure and the addition.
Zoning Administrator Atamian could make the findings for the Minor Cultural Heritage Permit (MCHP) 23-129 but not the Minor Exception Permit (MEP) 23-436, as there are design alternatives to avoid the Minutes of the Zoning Administrator Regular Meeting February 22, 2024 Page 4 encroachment. While the neighbor’s property is a driveway with open space today, the property owner retains the right to develop something in the future.
Zoning Administrator Atamian acknowledged that the request is for a continuation of an encroachment, while there is a portoin of the residence that encroaches on the same degree that this addition proposes to, that encroachment is not actually a continuation, nor do we want a continuation. Zoning Administrator Atamian read through the justifications for the Minor Exception Permit. The second item in the letter refers to the five-foot distance that is required between properties. Per the Building Official, the first story needs a five-foot separation and the addition is to be sprinklered. Because the second story is going to be sprinklered and entirely enclosed, there are some available means and methods that would allow for the second story to be moved in and out of the encroachment in the setback. Zoning Administrator Atamian suggested a design with a one-walled plane that will allow the space you desire without a second story encroachment, understanding that the addition would require more rear yard space.
Zoning Administrator Atamian advised the applicants that the decision is appealable by and to the City Council.
Based on the information in the staff report and subject to the required Findings and Conditions of Approval, Zoning Administrator Atamian determined the project be found Categorically Exempt from CEQA pursuant to State CEQA Guidelines Section § 15301 (Class 1: Existing Facilities) and 15331 (Class 31: Historical Resource
Restoration/Rehabilitation).
Action: The Zoning Administrator adopted Resolution ZA24-004, approving Minor Cultural Heritage Permit 23-129, but deny the request for the Minor Exception Permit 22-169.
C. Public Hearing Permit (PHP) 24-049, Parsons Residence Addition, 233 Avenida Santa Barbara
A request for a Minor Exception Permit (MEP) 24-048 and a Minor Cultural Heritage Permit (MCHP) 23-362 to allow a rear attached addition, with a reduced rear yard setback of four feet, where five feet is required, to a single-family residence listed as a historic resource.
Staff recommends that the project be found Categorically Exempt from CEQA pursuant to State CEQA Guidelines Section § 15301 (Class 1: Existing Facilities) and 15331 (Class 31: Historical Resource Restoration/Rehabilitation).
Minutes of the Zoning Administrator Regular Meeting February 22, 2024 Page 5 Associate Planner David Carrillo summarized the staff report and introduced Paul Parsons, the applicant and owner of the property.
Zoning Administrator Atamian asked Mr. Parsons if he would like to add anything to the report. Mr. Parsons stated that he signed the Mills Act Agreement on the house last December and was so intrigued with the process that he became a member of the San Clemente Historical Society where he met Larry Culbertson, who was in attendance. Mr. Parsons stated that the property was in disrepair and they have invested a substantial amount of resources thus far. Mr. Parsons also stated that the location of the home being in between two apartment buildings creates a bit of seclusion, whereas the addition would be unnoticeable.
Zoning Administrator Atamian opened the public hearing and asked if any members of the public would like to speak. Mr. Culbertson offered his support and praise of the project.
Zoning Administrator Atamian stated that he visited the site and commented on the aesthetics of both the home and lot, and confirmed that none of the modifications in this request would be visible.
Zoning Administrator Atamian thanked staff for clarifying the setback requirements. Zoning Administrator Atamian has reviewed the staff report and attachments, acknowledged that the site is constrained and that the modification being requested are quite modest. Zoning Administrator Atamian stated that the area in the front yards offers the open space for enjoyment of the property, where the backyard will become limited once the addition is completed.
Zoning Administrator Atamian thanked the applicant for the investment to the property.
Zoning Administrator Atamian stated that the findings for the Cultural Heritage Permit and Minor Exception Permit could be met for the reason listed in the staff report.
Based on the information in the staff report and subject to the required Findings and Conditions of Approval, Zoning Administrator Atamian determined the project be found Categorically Exempt from CEQA pursuant to State CEQA Guidelines Section § 15301 (Class 1: Existing Facilities) and 15331 (Class 31: Historical Resource Restoration/Rehabilitation).
Minutes of the Zoning Administrator Regular Meeting February 22, 2024 Page 6 Action: The Zoning Administrator adopted Resolution ZA24-003, approving Minor Cultural Heritage Permit 23-362 and Minor Exception Permit 23-048, Parsons Residence Addition, subject to the Conditions of Approval.
5. NEW BUSINESS
None
6. OLD BUSINESS
None
7. ADJOURNMENT
The meeting adjourned at 3:53 p.m. to the Regular Meeting of the Zoning Administrator, which will be held Thursday, March 4, 2024 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 Administrator