CITY OF SAN CLEMENTE
MINUTES OF THE REGULAR MEETING
OF THE ZONING ADMINISTRATOR
February 8, 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 8, 2024 at 3:03 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 January 18, 2023.
3. ORAL AND WRITTEN COMMUNICATION
None.
4. PUBLIC HEARING
A. Temporary Use Permit 24-011, American Crown Circus 2024 at Outlets at San Clemente, 101 W. Avenida Vista Hermosa
A request to operate a circus event at the Outlets at San Clemente located at 101 W. Avenida Vista Hermosa. Setup for the event, including temporary circus structures, is from March 5-6, 2024. Show dates are March 8-10, 2024 and March 15-17, 2024. Breakdown is on March 18-19, 2024. Expected attendance is 150 to 200 people per day of the event.
Staff recommends that the project be found Categorically Exempt from CEQA pursuant to State CEQA Guidelines Section 15301 (Class 1:
Existing Facilities) and Section 15311 (Class 11: Accessory Structures).
Associate Planner David Carrillo summarized the staff report.
Zoning Administrator Atamian thanked staff for their presentation and opened the public hearing.
Minutes of the Zoning Administrator Regular Meeting February 8, 2024 Page 2 Applicant and owner of American Crown Circus Leo Osorio and staff were present. Mr. Osorio thanked staff and the City for the opportunity to provide family entertainment to the community, this being the third time hosting at the Outlets at San Clemente.
Zoning Administrator Atamian stated that the findings could be made in that the event would not have a negative impact on the surrounding properties or public welfare. Zoning Administrator Atamian called out Condition 1.13, 1.14, 1.15, 1.17, 7.12, and 7.28 that are special Conditions that apply specifically to this project ensuring that there is no freeway-oriented signage, the lighting will be contained on the property, the temporary structures utilized will be within code and safe for occupancy, security is provided on site and the temporary structures are not habitable.
Zoning Administrator Atamian stated that he visited the site and asked Mr. Osorio about the conditions of the site after a substantial rainy season. As of today, the site is muddy with at least six inches of standing water. Zoning Administrator Atamian expressed his concern is if the rainy season extends into March when the circus is scheduled to operate. Mr. Osorio stated that they would postpone the event to a later date if the conditions are as they are today.
Zoning Administrator Atamian stated that in a previous situation during Covid the City was able to alter the permit. Staff stated that code allows provisions to amend the request, and that there is a process in place for making that change administratively. Zoning Administrator Atamian confirmed with staff that there are no other events taking place at the Outlets during the time of the circus.
Zoning Administrator Atamian stated that in lieu of adding a new Condition of Approval to have the minutes reflect that any future dates scheduled due to rain or a similar type of delay be determined when there is no impact on other events and /or activities occurring at the Outlets.
Zoning Administrator Atamian closed the public hearing and expressed appreciation that this is an animal-free event and that it is unique family entertainment.
Zoning Administrator Atamian stated that the project meets the required findings for approval in that the circus event complements the Outlets and does not interfere with the Outlet’s operations, that there is ample parking, directional signage will be incorporated, there is easy access to and from the freeway to the event location, live entertainment and amplified sound will be conducted entirely within the circus tent, and the event area contains a sufficient amount of space to support the circus event.
Minutes of the Zoning Administrator Regular Meeting February 8, 2024 Page 3 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 §15301 (Class 1:
Existing Facilities) and §15311 (Class 11: Accessory Structures).
Action: The Zoning Administrator adopted Resolution ZA24-001, approving Temporary Use Permit (TUP) 24-011, American Crown Circus 2024 at the Outlets at San Clemente, subject to the Conditions of Approval.
B. Public Hearing Project (PHP) 24-032, Carr Residence Spa, 116 Via San Sebastian
A request for a Minor Exception Permit (MEP) 22-169 to install a spa within the street side yard setback at an existing single-family residence located at 116 Via San Sebastian. The spa will be located behind an existing 6’ tall slump block wall within the street side yard setback.
Staff recommends that the project be found Categorically Exempt from CEQA pursuant to State CEQA Guidelines §15303 (Class 3:
New Structures or Conversion of Small Structures).
Associate Planner David Carrillo summarized the staff report and stated that the appropriate CEQA exemption should be based on §15303, and not §15301 that was incorrectly stated in the staff report.
The CEQA section is referenced correctly in the Resolution.
Zoning Administrator Atamian thanked staff for their presentation and opened the public hearing. Zoning Administrator Atamian stated that he visited the site and noticed that there is steep topography in the back behind the home, thus leaving no room for the pool behind the residence. Zoning Administrator Atamian noted that the applicants are not in attendance and that there are no members of the public present in the hearing.
Zoning Administrator Atamian acknowledge that the existing slump stone brick wall will screen the pool and mitigate the sound. There is a pool barrier requirement, missing in the Conditions of Approval, to require that the existing wall remain in place. With the wall being built by the developer, it’s not clear that the wall will remain in perpetuity or if in the future the homeowner association should change the fence to a style that would not contain the sound or secure the pool.
Zoning Administrator Atamian noted the location is across the street Minutes of the Zoning Administrator Regular Meeting February 8, 2024 Page 4 from five homes, and it would impact the neighbors if this wall were to change to wrought iron or a similarly open style fence.
Staff confirmed that there were no comments from the public or neighboring residents. Zoning Administrator Atamian acknowledged the pool location is not in an area close to the driveway or garage.
Zoning Administrator Atamian closed the public hearing and stated appreciation for the analysis conducted by staff that is summarized in the staff report.
Zoning Administrator Atamian acknowledged that this project does meet the finding of the code to allow reasonable enjoyment of the property. Due to the space limitations, while this is not allowed by right in the code, there is a special circumstance that warrants encroachment. The fact there is a six-foot solid barrier wall obscuring views and sounds emanating from the pool area is a great benefit.
Zoning Administrator Atamian stated that the project otherwise maintains the existing front and street side yard landscaping, and the project will not adversely affect the properties in the vicinity. The architectural treatment of the property is compatible with the character of the neighborhood. This will go through a building permit process, so health and safety will be evaluated again at that time.
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 §15303 (Class 3: New Construction or Conversion of Small Structures).
Action: The Zoning Administrator adopted Resolution ZA24-002, approving Public Hearing Project 24-032, Minor Exception Permit 22- 169, subject to the Conditions of Approval, adding the following Condition 7.19:
The existing perimeter slump wall adjacent to the proposed spa location that runs between the existing residential structure, along the front portion of the property, along the streetside portion of the property, and all the way to the rear property line, shall be maintained in perpetuity for the duration of the spa’s existence. The wall, if damaged, may be replaced with a similar type of wall structure pursuant to City review and approval, however, there shall be no replacement of a solid wall with anything lesser in height or in solidness of construction so as to increase the visibility of the spa or increase the amount of sound emanating from the activities at the spa.
Minutes of the Zoning Administrator Regular Meeting February 8, 2024 Page 5
5. NEW BUSINESS
None
6. OLD BUSINESS
None
7. ADJOURNMENT
The meeting adjourned at 3:28 p.m. to the Regular Meeting of the Zoning Administrator, which will be held Thursday, February 22, 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