CITY OF SAN CLEMENTE
MINUTES OF THE REGULAR MEETING
OF THE ZONING ADMINISTRATOR
JULY 18, 2024
San Clemente City Hall
First Floor Community Room
910 Calle Negocio
San Clemente, California 92673
1. CALL TO ORDER
Zoning Administrator (ZA) Adam Atamian called the Regular Meeting of the City of San Clemente Zoning Administrator to order on July 18, 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
Zach Rehm, Principal Planner
David Carrillo, Associate Planner
Tamara Tatich, Office Specialist
2. MINUTES
A. Minutes from the Zoning Administrator Regular Meeting of July 18, 2024.
ZA Atamian received and filed the minutes for the regular meeting of July 18, 2024.
3. ORAL AND WRITTEN COMMUNICATION
None.
4. PUBLIC HEARING
A. Public Hearing Project (PHP) 24-054, Happy Coffee Outdoor Beer and Wine Service and Off-Site Parking Agreement, 114 Avenida Victoria
The Zoning Administrator considered a request to allow Minor Conditional Use Permit (MCUP) 24-057 for outdoor beer and wine service at a café, and an off-site parking agreement between the City and the café for use of parking spaces at a City-owned parking lot located at 118 Avenida Rosa.
The Zoning Administrator also considered whether the project is categorically exempt from CEQA pursuant to State CEQA Guidelines §15301 (Class 1: Existing Facilities).
Assistant Planner David Carrillo summarized the staff report.
Minutes of the Zoning Administrator Regular Meeting July 18, 2024 Page 2 Applicant Mikael Sanchez stated that staff presented a thorough report, and Cameron Houle, owner of Happy Coffee concurred with Mr.
Sanchez.
ZA Atamian opened the public hearing and asked the applicant to describe the food service at the café. Mr. Sanchez stated that the menu was previously provided to staff and consists of paninis and basic café fare.
ZA Atamian called out Condition 4.12 stating a need to modify the Condition since the request is to serve beer and wine, and therefore must be a FSE.
ZA Atamian inquired if there has been any conversation with Senior Center staff on the parking schedule. Staff stated that the Senior Center staff are in support providing there is a Condition that parking be restricted to only Senior Center use during their operations; and that parking is available after 4:00 p.m. and on weekends when the Senior Center is closed.
ZA Atamian acknowledged that there have been issues with trespassing at the Senior Center, and that they have been placing “no trespassing” signs when the Senior Center is closed. ZA Atamian asked how this is anticipated to work with the signage, as the request is to allow for public access to the property between the time that the Senior Center is closed and the café would also be closed. ZA Atamian recognized the potential of a situation where signs are not in place and therefore no enforcement of trespassing. ZA Atamian requested that staff ensure this be covered in the Parking Lease Agreement.
ZA Atamian asked how will the public know that there is intermittent parking available at the Senior Center, and to ensure this is also in the Parking Lease Agreement.
ZA Atamian stated that off-site parking generally aims to be available at all times. It seems that the plans call for daily seating modifications. The seating plan identifies 8 outdoor seats and 16 indoor seats in the morning; and then 16 outdoor and 32 indoor seats in the evening. ZA Atamian confirmed with the applicant that the plan is to move chairs each day. ZA Atamian questioned the applicant if they were confident that this is a task that would occur each day. Staff stated that the applicant will be returning to request parking waivers after this approval to be able to operate at full capacity using waivers during day and parking at the Senior Center in the evenings and on the weekends when the center is closed.
A discussion on placement of unused chairs ensued and the applicant explained that the daytime is intended to be more counter service where Minutes of the Zoning Administrator Regular Meeting July 18, 2024 Page 3 food and coffee are “grab and go;” while the beer and wine service with food in the evenings and on weekends would require seating. The applicant stated that they would find a location to store the chairs until the waivers are obtained.
ZA Atamian stated that he is comfortable with the Conditions with the understanding that the stated concerns are outlined are incorporated in the Parking Lease Agreement with the Senior Center and a request to the City Council to make them aware of those concerns.
ZA Atamian inquired if Engineering had any concerns of cars maneuvering in and our of the last parking stall with the location of the bike parking area. Staff stated that no comments were made.
Having no further questions, ZA Atamian closed the public hearing.
ZA Atamian stated the use and proposed operations of business are permitted in the subject zone; and the investment in the property will revitalize the area and help the esthetics of the street.
ZA Atamian acknowledged that the DMT reviewed the project and was supportive.
ZA Atamian determined the project Categorically Exempt from CEQA pursuant to State CEQA Guidelines §15301 (Class 1: Existing Facilities).
Action: The Zoning Administrator adopted Resolution ZA24-012, approving Minor Conditional Use Permit 24-057, Happy Coffee Outdoor Beer and Wine Service and Off-Site Parking, 114 Avenida Victoria, subject to following modifications to the Conditions of Approval:
1. Condition 4.12: The applicant shall submit, and must obtain approval from the Utilities Director, plans depicting the Fats, Oils, and Greases (FOG) controls, with the plans and design approved by the Orange County Health Care Agency, for the Food Service Establishment (FSE).
2. Condition 7.17: If the shared parking agreement/lease is approved (reference COA 4.11), the maximum seating count is increased during the hours where shared parking spaces are available. The business and/or property owner may request an amendment to these hours, to be reviewed by the Zoning Administrator, with the benefit of a parking survey that demonstrates surplus parking at the Senior Center parking lot during operating hours of the Senior Center. Until the parking agreement/lease is approved by the City Council, seating shall be limited to 16 indoor and 8 outdoor. If the parking agreement/lease is not approved by the City Council, plans shall be Minutes of the Zoning Administrator Regular Meeting July 18, 2024 Page 4 revised to remove any tables identified on Sheet A-1.2.1 and the space shall be reconfigured such that additional seating beyond that described above is not available.
a. Public Hearing Project (PHP) 24-024, Tentative Parcel Map (TPM) 2023-201, 501 Elena Lane Condominium Subdivision
The Zoning Administrator considered a request to allow a duplex condominium subdivision for individual ownership of two dwelling units at 501 Elena Lane in the Residential Medium (RM) Zoning District.
The Zoning Administrator also considered whether the project is Categorically Exempt from CEQA pursuant to State CEQA Guidelines §15315 (Class 15: Minor Land Divisions) and §15301 (Class 1: Existing Facilities).
Principal Planner Zach Rehm summarized the staff report and explained that a review by the California Coastal Commission (CCC) will be necessary for the subdivision.
ZA Atamian invited the applicants to make a presentation, of which Joshua Lewis, applicant and architect responded that the sidewalk development was discussed with staff and that they would not be requesting a sidewalk waiver.
ZA Atamian opened the public hearing and stated that the report and attachments have been reviewed.
ZA Atamian disclosed that he drove by the property.
ZA Atamian asked how far along they were in the development process, and Mr. Lewis replied that they are about a week or two away from rough inspections and will then begin insulation followed by dry wall. Mr. Lewis confirmed that the framing was completed and that they do not anticipate any changes to the project’s elevation going forward.
ZA Atamian stated that he didn’t see a Condition of Approval indicating that the Final Map cannot be approved until the project gets a Final Building Permit. Staff stated that there will be time to get the Final Building Permit, as they will also need to get through the CCC process, and then explained to George Stambuk, owner of the property, that the duplex doesn’t require CCC review, but that CCC review is required for any subdivision of property in this zone. Staff offered to assist with the CCC process.
ZA Atamian stated that there is a section in the Staff Report that discusses the Coastal Act and indicates that this project is required for Minutes of the Zoning Administrator Regular Meeting July 18, 2024 Page 5 review, and confirmed with staff that the subdivision would most likely be issued a CDP waiver.
Having no further questions, ZA Atamian closed the public hearing.
ZA Atamian stated the Findings can be made. ZA Atamian stated the project is a major improvement and the sidewalk will be beneficial in the pedestrian-friendly neighborhood.
ZA Atamian determined the project Categorically Exempt from CEQA pursuant to State CEQA Guidelines §15315 (Class 15: Minor Land Divisions) and 15301 (Class 1: Existing Facilities).
Action: The Zoning Administrator adopted Resolution ZA24-011, approving Public Hearing Project 24-024 for Tentative Tract Map 24- 030, 501 Elena Lane Condominium Subdivision, subject to the Conditions of Approval with the following addition:
Condition 2.1: Prior to final Parcel Map approval, the owner shall obtain final approval of all building permits, including, but not limited to, B22-0658, required for the development of the duplex.
5. NEW BUSINESS
None
6. OLD BUSINESS
None
7. ADJOURNMENT
The meeting adjourned at 3:41 p.m. to the Regular Meeting of the Zoning Administrator, which will be held Thursday, August 22, 20024 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