RESOLUTION NO. 24-90
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING DEVELOPMENT PERMIT 24-027, MOSES RESIDENCE, TO CONSTRUCT A TWO-STORY, SINGLE-FAMILY RESIDENCE ON A VACANT LOT LOCATED AT 239 AVENIDA LA CUESTA AND ABUTTING TWO HISTORIC RESOURCES (233 AVENIDA LA CUESTA AND 243 AVENIDA LA CUESTA), AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM CEQA PURSUANT TO STATE CEQA GUIDELINES SECTION 15303 (CLASS 3: NEW CONSTRUCTION AND CONVERSION OF SMALL STRUCTURES, 14 CCR §15303) WHEREAS, on September 21, 2023, an application was submitted by Dustin Morris, 1050 Calle Cordillera, Suite 102 San Clemente, CA 92673, for Development Permit (DP) 24-027, and deemed complete on April 15, 2024; a request to construct a two-story, single-family residence on a vacant lot located at 239 Avenida La Cuesta and abutting two historic resources (233 Avenida La Cuesta and 243 Avenida La Cuesta). The project site is in the Residential Low Zoning District and Special Residential 2 Overlay District (RL-SR2). The site’s legal description is N TR 898 BLK LOT 129, and Assessor’s Parcel Number 057-061-12; and WHEREAS, on October 19, 2024, and February 8, 2024, the City's Development Management Team (DMT) reviewed the proposed project and determined that it complies with the General Plan, Zoning Ordinance, and other applicable City ordinances and codes; and WHEREAS, on February 14, 2024, and April 10, 2024, the City’s Design Review Subcommittee (DRSC) considered the project and supports it with further clarifying information and design recommendations; and WHEREAS, on May 8, 2024, the Planning Commission 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 the project with minor modifications and determined that the project is Categorically Exempt from CEQA pursuant to State CEQA Guidelines Section 15303 (Class 3: New Construction and Conversion of Small Structures); and WHEREAS, on May 17, 2024, Don Wentzel, Brian Dick, Amy Zurborg, and Catherine Hall, San Clemente residents, submitted a notice of appeal to the Planning Division, pursuant to Zoning Ordinance Section 17.12.140, appealing the Planning Commission’s decision to the City Council; and WHEREAS, on June 18, 2024, the City Council of the City of San Clemente held a duly noticed de novo public hearing on the subject appeal and application, 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, determine and resolve 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. CEQA Findings.
Based upon its review of the entire record, including the Staff Report, any public comments or testimony presented to the City Council, and the facts outlined below, the City Council hereby finds and determines that the proposed project is categorically exempt from CEQA pursuant to State CEQA Guidelines Section 15303 (Class 3: New Construction and Conversion of Small Structures).
The Class 3 exemption specifically exempts from further CEQA review, the construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made to the exterior of the structure. The use of this exemption is limited to one single-family residence. Here, this project involves the construction of a new two-story single-family residence on a vacant lot within a developed residential neighborhood. Thus, the project qualifies for the Class 3 exemption.
Furthermore, none of the exceptions to the use of the Class 3 categorical exemption identified in State CEQA Guidelines section 15300.2 apply. The project is not located in a particularly sensitive environment, and will not impact an environmental resource of hazardous or critical concern, in that the project site is located within an urbanized residential area. The project will not result in a cumulative impact from successive projects of the same type in the same place, over time, in that, a successive project of the same type in the same place would not meet City policies. There are no unusual circumstances surrounding the project that result in a reasonably possibility of a significant effect on the environment, in that, there are no especially sensitive resources (endangered species, wetlands, etc.) on the project site or in the vicinity. The project will not damage scenic resources, including trees, historic buildings, rock outcroppings, or similar resources, in that, the project will avoid the adjacent historic resources at 233 Avenida La Cuesta and 243 Avenida La Cuesta. The project does not include any hazardous waste sites, and the project will not cause a substantial adverse change in the significance of a historical resource, in that, the historical integrity of the adjacent historic resources will remain. Thus, the Class 3 exemption applies, and no further environmental review is required.
Section 3. Development Permit Findings
With respect to Development Permit (DP) 24-027, the City Council finds as follows:
The proposed project is consistent with the General Plan, in that:
Similar to the adjacent historic homes, the project provides a large front yard setback of 45 feet, a horizontally-oriented building design, a long driveway, and front yard landscaping, consistent with General Plan Policy LU-1.03. - Maintenance of Neighborhood Character, which states “We maintain elements of residential streets that unify and enhance the character of neighborhoods, including parkways, street trees, and compatible setbacks.”; The project provides articulation on each building elevation through the use of roof overhangs, varied wall planes, open and uncovered patios, a second level planter, and varied building materials. The first and second levels are each 10 feet, 11 inches in height and clearly defined by building materials and roof overhangs. The front entry is emphasized with a wooden pergola which remains at the height of the first level, along with low-height landscaping outlining the entry stairs. Building mass is broken down by wall planes at different setbacks, large windows, the open and uncovered second level patio, and by not extending the width of the second level to match the width of the first level as viewed from the street. Additionally, the large front yard setback further reduces massing impacts. The building’s form is consistent with the selected modern architectural style in that the form is made of regular rectilinear shapes, where projections are horizontal rather than vertical, creating a flat roof skyline. The project proposes a street-facing garage that is designed to blend in with the building, and would be partially screened by front yard landscaping, consistent with General Plan Policy LU-1.04. Single-Family Residential Uses., which states “We require that single-family houses and sites be designed to convey a high level of architectural and landscape quality in accordance with the Urban Design Element and Zoning Code, and in consideration of the following:
a. Varied and distinct building elevations, facades, and masses (avoiding undifferentiated "box-like" structures); b. building scale and massing that is compatible with existing development; c. use of extensive site landscaping to complement the architectural designs of structures; d. reduced area and width of paving in front yards for driveway and garage access; and e. location and design of garages so that they do not dominate the appearance of the dwelling from the street.”; and The subject neighborhood consists of residences with a mix of architectural styles that include a variety of elements, such as, but not limited to, one and two stories, wide and narrow building footprints, roof styles and pitches, building materials and forms, color palettes, front yard sizes and elements, and driveway depths. Similar to the adjacent historic homes, the project provides a large front yard setback of 45 feet, a horizontally-oriented building design, a long driveway, and front yard landscaping. The width of the proposed residence, as viewed from the street, is 93 feet. The two adjacent historic homes have a building width at approximately over 100 feet, than other homes in the neighborhood which seem to have a building width less than 100 feet. The neighborhood includes historic resources with Spanish Colonial Revival architecture, and one of the adjacent historic resources with “Hollywood Regency” architecture. the applicant proposes a modern residence, versus a Spanish Colonial Revival residence, to avoid detracting from the adjacent Hollywood Regency and Spanish Colonial Revival historic homes, by not mimicking adjacent architecture, and to avoid creating a false sense of history, consistent with General Plan Policy HP-2.06. New Development., which states “We require that all new single-family and multifamily residential development abutting historic resources, and new commercial and multi-family development of three or more units within a 300-foot radius from a historic resource be compatible with the historic resource in terms of scale, massing, building materials and general architectural treatment.” The proposed project complies with zoning regulations, in that:
The project complies with all development standards of the RL-SR2 Zone, including height, setbacks, lot coverage, parking, and landscaping.
The proposed project is consistent with the City's Design Guidelines, in that:
The subject neighborhood consists of residences with a mix of architectural styles that include a variety of elements, such as, but not limited to, one and two stories, wide and narrow building footprints, roof styles and pitches, building materials and forms, color palettes, front yard sizes and elements, and driveway depths. The project includes a two-story residence, a flat roof, and a light earth tone color palette. Similar to the adjacent historic homes, the project provides a large front yard setback of 45 feet, a horizontally-oriented building design, a long driveway, and front yard landscaping. The width of the proposed residence, as viewed from the street, is 93 feet. Two properties with a similar building width are at 200 Avenida La Cuesta, with approximately 95 feet, and 208 Avenida La Cuesta with approximately 99 feet. The two adjacent historic homes have a building width at approximately over 100 feet, than other homes in the neighborhood which seem to have a building width less than 100 feet. The majority of properties have a street-facing garage that is immediately visible from the street. The project proposes a street-facing garage designed to blend in with the building, and would be partially screened by front yard landscaping, consistent with Design Guideline DG.II., which states, “Projects should demonstrate sensitivity to the surrounding context and neighboring buildings.”; In relation to the project site, given the westward location of the Hollywood Regency residence, its lower grade level, and distance from the proposed residence, the project does not create negative impacts on privacy, sun, and light exposure. Additionally, the project also does not create negative impacts on privacy, sun, and light exposure on the Goldschmidt residence, in that the Goldschmidt residence is east of the project site and sits at a higher grade elevation than the project site, and has no wall planes parallel to and at the same grade level as the project. Trees on the Goldschmidt property currently block sun exposure from the west side. Therefore, the project is consistent with Design Guideline, DG.II.2., which states, “Respect the privacy, sun, and light exposure of neighboring properties.”; and The project provides articulation on each building elevation through the use of roof overhangs, varied wall planes, open and uncovered patios, a second level planter, and varied building materials. The first and second levels are each 10 feet, 11 inches in height and clearly defined by building materials and roof overhangs. The front entry is emphasized with a wooden pergola which remains at the height of the first level, along with low-height landscaping outlining the entry stairs. Building mass is broken down by wall planes at different setbacks, large windows, the open and uncovered second level patio, and by not extending the width of the second level to match the width of the first level as viewed from the street. Additionally, the large front yard setback further reduces massing impacts. The building’s form is consistent with the selected modern architectural style in that the form is made of regular rectilinear shapes, where projections are horizontal rather than vertical, creating a flat roof skyline, consistent with Design Guidelines DG.II.B.3 and DG.II.C.3.b, which state, “design buildings to be compatible in scale, mass and form with adjacent structures and the pattern of the neighborhood and carefully design rear and side facades to be compatible with the principal facades of the building (DG.II.B.3.), and avoid long and unrelieved wall planes (DG.II.C.3.b.).” The proposed development will not be detrimental to the public health, safety, or welfare, or materially injurious to properties and improvements in the vicinity, in that:
The project is proposed entirely within the project site, and not proposed on shared property lines, where direct damage to either historic lot, or residence, may occur; and The project is subject to all applicable California Building Code and Orange County Fire Authority standards.
The proposed project is in character and compatible with the properties in the neighborhood, in that:
The subject neighborhood consists of residences with a mix of architectural styles that include a variety of elements, such as, but not limited to, one and two stories, wide and narrow building footprints, roof styles and pitches, building materials and forms, color palettes, front yard sizes and elements, and driveway depths. Similar to the adjacent historic homes, the project provides a large front yard setback of 45 feet, a horizontally-oriented building design, a long driveway, and front yard landscaping. The width of the proposed residence, as viewed from the street, is 93 feet. The two adjacent historic homes have a building width at approximately over 100 feet, than other homes in the neighborhood which seem to have a building width less than 100 feet. The neighborhood includes historic resources with Spanish Colonial Revival architecture, and one of the adjacent historic resources with “Hollywood Regency” architecture. the applicant proposes a modern residence, versus a Spanish Colonial Revival residence, to avoid detracting from the adjacent Hollywood Regency and Spanish Colonial Revival historic homes, by not mimicking adjacent architecture, and to avoid creating a false sense of history; and The majority of properties have a street-facing garage that is immediately visible from the street. The project proposes a street-facing garage. However, the garage is designed to blend in with the building, and would be partially screened by front yard landscaping.
The proposed project will not have negative visual or physical impacts upon the historic structure, in that:
The project is proposed entirely within the project site, and not proposed on shared property lines, where direct damage to either historic lot, or residence, may occur; Upon review of a building permit for construction of the project, the City, along with outside agencies, will review the project for compliance with all applicable standards and requirements; the project maintains visibility of the Goldschmidt residence from selected vantage points in the public right-of-way; The project provides articulation on each building elevation through the use of roof overhangs, varied wall planes, open and uncovered patios, a second level planter, and varied building materials; The first and second levels are each 10 feet, 11 inches in height and clearly defined by building materials and roof overhangs; Building mass is broken down by wall planes at different setbacks, large windows, the open and uncovered second level patio, and by not extending the width of the second level to match the width of the first level as viewed from the street. Additionally, the large front yard setback further reduces massing impacts; and The building’s form is consistent with the selected modern architectural style in that the form is made of regular rectilinear shapes, where projections are horizontal rather than vertical, creating a flat roof skyline Section 4. City Council Denial of the Appeal and Approval of the Project.
Based on the foregoing recitals and findings, and the written and oral comments, facts, and evidence presented, the City of San Clemente City Council hereby denies the appeal and approves Development Permit (DP) 24-047, Moses Residence, subject to the Conditions of Approval set forth in Exhibit A, which are fully incorporated herein.
Section 5. Certification.
The City Clerk shall certify to the passage of this resolution and enter it into the book of original resolutions.
PASSED AND ADOPTED this _____ day of ____________________, 2024.
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. 24-90 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
CONDITIONS OF APPROVAL
DEVELOPMENT PERMIT 24-027, MOSES RESIDENCE
1.0 GENERAL CONDITIONS OF APPROVAL
1.1 Within 30 days of receipt of the signed conditions of approval, the applicant shall submit to the City Planner a signed acknowledgement concurring with all conditions of approval on a form to be provided by the City, unless an extension is granted by the City Planner.
Planning
1.2 The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City of San Clemente and its officers, employees, and agents from and against any claim, action, proceeding, fines, damages, expenses, and attorneys’ fees, against the City, its officers, employees, or agents to attack, set aside, void, or annul any approval or condition of approval of the City concerning this project, including but not limited to any approval or condition of approval of the City Council, Planning Commission, or City Planner, Zoning Administrator, or City employees or environmental finding. Applicant shall pay all costs upon request by the City. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and the City shall cooperate fully in the defense of the matter at the applicant’s expense. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter at the applicant’s cost. If the applicant fails to so defend the matter, the City shall have the right, at its own option, to do so and, if it does, the applicant shall promptly pay the City's full cost of the defense.
Planning
1.3 Use and development of this property shall be in substantial conformance with the approved plans, material boards and other applicable information submitted with this application, and with these conditions of approval. Any modifications to the project shall be reviewed by the City Planner in accordance with Zoning Ordinance Section 17.12.180.
Planning
1.4 The applicant shall comply with all applicable current and future provisions of the San Clemente Municipal Code, adopted ordinances, and state laws.
All
1.5 Use of the subject property shall conform to all occupancy requirements, including posting of signs related to the maximum occupancy limitations.
Code Comp
1.6 Development Permit 24-027 shall be deemed to have expired if within three years of approval the project is not commenced, or the project permitted by the approved application has lapsed, as defined by Zoning Ordinance Section 17.12.150.
Planning
3.0 PRIOR TO ISSUANCE OF GRADING PERMITS
3.1 The working drawings shall include within the first four pages a list of all conditions of approval included in this resolution.
Planning
3.2 The City Engineer shall determine that development of the site shall conform to general recommendations presented in the geotechnical studies, including specifications for site preparation, landslide treatment, treatment of cut and fill, slope stability, soils engineering, and surface and subsurface drainage, and recommendations for further study. (SCMC Chapter 15.36) Public Works
3.5 The applicant shall submit, and must obtain approval from the City Engineer, a precise grading plan as required by the City Grading Manual and Ordinance. (SCMC Chapter 15.36) Public Works
Addressing and Street Names
3.8 3.9
3.10 The applicant shall submit, and must obtain approval from the City Planner, a plan depicting all street names and the address for the residence within the project.
Financial Security
The applicant shall provide separate improvement surety, bonds, or irrevocable letters of credit, as determined by the City Engineer, for 100% of each estimated improvement cost, as prepared by a registered civil engineer as approved by City Engineer, for the following applicable items: grading improvements; frontage improvements; sidewalks; sewer lines; water lines; onsite storm drains; and erosion control. In addition, the owner shall provide separate labor and material surety for 100% of the above estimated improvement costs, as determined by the City Engineer or designee. (SCMC Chapter 15.36).
Sidewalk
In the event the project valuation is $50,000 or more per Municipal Code 12.08, the applicant shall be responsible for the construction of all required frontage improvements as approved by the City Engineer including but not limited to the following:
Sidewalk, including construction of compliant sidewalk along the property frontage and around obstructions such as the drive approach, utilities, and trees to meet current City standards (2% cross fall) when adequate right-of-way exists, unless a waiver is applied for and approved by the City Manager. Since the street right-of-way along this frontage varies between 2-3.5 feet behind the curb face, a sidewalk easement is anticipated to be required and granted to the City unless a waiver is approved by the City Manager.
Contractor shall replace any damaged street improvements resulting from construction activities to the satisfaction of the City Inspector. (SCMC Chapter 15.36 and Sections 12.08, and 12.24.050)
Planning
*
Public Works
Public Works
**
NPDES
3.12 The applicant shall demonstrate to the satisfaction of the City Engineer or designee that the project meets all requirements of the San Diego Regional Water Quality Control Board National Pollutant Discharge Elimination System (NPDES) Municipal Separate Strom Sewer Permit, and Federal, State, County and City guidelines and regulations, in order to control pollutant run-off. (SCMC Chapter 13.40) Public Works
3.13 The applicant shall demonstrate to the City Engineer that the required NPDES permits have been obtained. (SCMC Chapter 13.40) Public Works
4.0 PRIOR TO ISSUANCE OF BUILDING PERMITS
4.1 The working drawings shall include within the first four pages a list of all conditions of approval included in this resolution.
Planning
Landscape Plans
4.5 4.6
4.8 The applicant shall submit, and must obtain approval from the City’s Consulting Landscape Architect, a detailed landscape and irrigation plan incorporating drought tolerant plants, prepared by a registered landscape architect, and in compliance with all pertinent requirements. (SCMC Section 17.68.020) The applicant shall obtain approval from the City’s Landscape Consultant of a detailed landscape plan which demonstrates the Code-required trees in the front yard setback, in a manner which is sensitive to the intended preserved view of the residence located at 243 Avenida La Cuesta, as viewed from Avenida La Cuesta, and to the satisfaction of the City Planner.
Construction plans shall indicate that the roof edge bands/fascia boards will be painted a light earth tone color, which does not include the color white.
Planning
Planning
**
Planning
Commission
**
NPDES
4.9 4.10
4.11 The applicant shall demonstrate to the satisfaction of the City Engineer or designee that the project meets all requirements of the San Diego Regional Water Quality Control Board National Pollutant Discharge Elimination System (NPDES) Municipal Separate Strom Sewer Permit, and Federal, State, County and City guidelines and regulations, in order to control pollutant run-off. (SCMC Chapter 13.40) The depth of front entry pergola shall be reduced by five feet, from the total depth proposed on plans at the May 8, 2024 Planning Commission meeting.
Construction plans shall not identify the proposed rear yard sports court as a pickleball court.
Public Works
Planning Commission
**
Planning Commission
**
5.0 PRIOR TO FINAL INSPECTION
Landscaping
5.5 The applicant shall submit, and must obtain approval from the City Planner, a letter from a registered landscape architect confirming that landscaping and irrigation have been installed in accordance with the approved plans.
Planning
Surveys
5.8 Prior to approval to pour foundations, the applicant shall submit, and must obtain approvals from the City Planner and Building Official, a survey prepared by a registered civil engineer that is licensed to do surveying or a land surveyor confirming that the building foundations conform to the required setbacks as set forth on the approved plans.
Planning
Building
5.9 Prior to approval of the framing inspection, the applicant shall submit, and must obtain approvals from the City Planner and Building Official, a survey prepared by a registered civil engineer that is licensed to do surveying or a land surveyor confirming that the height of all structures conforms to the dimensions set forth on the approved plans.
Planning
Building
Architecture
5.10 All exterior details and materials shall be approved by the Planning Division prior to installation.
Planning
*
Denotes a modified Standard Condition of Approval
**
Denotes a project-specific Condition of Approval
Resolution No. 24-90 Page 3
ATTACHMENT 1
Resolution No. Page 2
Exhibit A
Resolution No. EXHIBIT A