These minutes will be considered for approval at the Planning Commission meeting of 08-21-2024.
MINUTES OF THE SPECIAL MEETING
OF THE CITY OF SAN CLEMENTE
PLANNING COMMISSION
July 24, 2024 @ 5:00 p.m.
San Clemente City Hall Council Chamber
910 Calle Negocio, San Clemente, CA 92673
Teleconference via www.san-clemente.org
CALL TO ORDER
Chair Cosgrove called the Special Meeting of the Planning Commission of the City of San Clemente to order at 5:05 p.m. The meeting was offered in person at San Clemente City Hall Council Chambers, 910 Calle Negocio, San Clemente, California, 92673, and also via live stream from the City’s YouTube Channel.
2. PLEDGE OF ALLEGIANCE
Commissioner McKhann led the Pledge of Allegiance.
3. ROLL CALL
Commissioners Present: Barton Crandell; Scott McKhann; Vice Chair M. Steven Camp; Karen Prescott-Loeffler; Chair Cameron Cosgrove
Commissioners Absent: Brent Davis and Chair Pro Tem Gary P. McCaughan, M.D.
Staff Present: Jonathan Lightfoot, City Planner
Gena Burns, Deputy City Attorney
Zachary Ponsen, Assistant City Engineer
David Carrillo, Associate Planner
John Ciampa, Contract Planner
Tamara Tatich, Office Specialist
These minutes reflect the order in which items appeared on the meeting agenda and do not necessarily reflect the order in which items were actually considered.
4. SPECIAL ORDER OF BUSINESS/SPECIAL PRESENTATION
None
5. MINUTES
A. Receive and file Minutes from the Planning Commission Regular Meeting of June 5, 2024.
IT WAS MOVED BY COMMISSIONER MCKHANN, SECONDED BY COMMISSIONER CAMP, AND CARRIED 5-0, COMMISSIONER DAVIS AND CHAIR PRO TEM Minutes of Special Planning Commission Meeting of July 24, 2024 Page 2 MCCAUGHAN ABSENT, to receive and file the minutes from the Planning Commission Regular Meeting of June 5, 2024.
B. Receive and file Minutes from the Planning Commission Special Meeting of June 26, 2024.
IT WAS MOVED BY COMMISSIONER MCKHANN, SECONDED BY COMMISSIONER CAMP, AND CARRIED 3-2, COMMISSIONER DAVIS AND CHAIR PRO TEM MCCAUGHAN ABSENT, to receive and file the minutes from the Planning Commission Special Meeting of June 26, 2024.
6. ORAL AND WRITTEN COMMUNICATION
None.
7. CONSENT CALENDAR
None.
8. PUBLIC HEARING
A. Continued Public Hearing Project (PHP) 23-083, Sea Cliff Hotel & Restaurant, 402 Pasadena Court
A continued public hearing item for the Planning Commission to consider the development of an eleven-unit boutique motel and a restaurant with 25 outdoor seats at a historic property located at 402 Pasadena Court within the Pier Bowl.
The project preserves the existing historic four-level residence and portions of the garden, including the fountains, and rehabilitates the runnel and lower terrace patio. Two new buildings are proposed on the southern portion of the property and a new garage is provided with access from Avenida Victoria. Additionally, an Encroachment Permit is required to legalize the existing encroachment of the historic residence into the public right-of-way. A sidewalk easement is also required for portions of the sidewalk that encroach into the subject private property.
The project scope requires a Cultural Heritage Permit (CHP 23-084), Conditional Use Permit (CUP 23-085), and Discretionary Encroachment Permit (DEP 24-108).
The Planning Commission will also consider whether to find the project categorically exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15301 (Class 1: Existing Facilities), Section 15331 (Class 31: Historical Resource Restoration/Rehabilitation) and Section 15332 (Class 32: In-Fill Development Projects).
Chair Cosgrove opened the public hearing.
David Carrillo, Associate Planner, narrated a PowerPoint Presentation entitled, “Sea Cliff Boutique Motel & Restaurant CHP 23-084 / CUP23-085,” dated July 24, 2024. A copy of the Presentation is on file in Planning Division.
Minutes of Special Planning Commission Meeting of July 24, 2024 Page 3 Jim Holloway indicated that the applicant team was available to respond to questions.
John Boland expressed disappointment about the prior hearing and suggested the historic property be retained and an Environmental Impact Report (EIR) be conducted. He expressed concern about the ongoing code violations.
Scott Potter, representing homeowners on Cazador Lane, expressed concern about emergency vehicle access, special use permits, parking, and delivery trucks.
Jill Ammirato suggested the need for an EIR and consideration of water pressure from above the property, and previous code violations. She requested story poles and the door on Pasadena Court be only for private use.
Jerry Laidlaw expressed concern about earth stability and assurances for his property.
Wayne Eggleston suggested the new parking garage have a gate and that it be open during the day and closed at night.
Gerald Kroger provided a historical overview of groundwater studies.
Amanda Quintanilla indicated opposition to the proposed project; urged consideration of the comments from the prior hearing; expressed concern about the lack of an EIR, maintaining the garden area, noise and traffic.
Mike Palkovic expressed concern about the height of the wall affecting the view corridor.
Tony Massaro, architect and Jim Holloway, representing the applicant, discussed the elevation difference between the Pasadena Court and the spa; contrasted the project with reactionary responses to the land movement next to Casa Romantica and La Ventana and indicated the project would proactively stabilize the slope; economic viability of the project in order to maintain the cultural resources; curb improvements that would help Pasadena Court traffic circulation; openness to a gate and for it to be open in day and closed at night; clarified proposed parking; and explained configuration of the fence/arbor creating privacy for the spa and maintaining the site line to the Ocean.
In response to Commission questions, Mr. Holloway discussed the lack of a policy basis for a landscape height limit; intent to retain historic wall along Pasadena Court; spa hours of operation; traffic construction; deliveries; economic feasibility analysis; and agreement to meet with the residents’ geotechnical consultant during building permit plan check process.
City Planner Lightfoot discussed the 42-inch limit on hedges, which was referenced within public comment as an example of a code violation, and review of revised Minutes of Special Planning Commission Meeting of July 24, 2024 Page 4 landscape. He explained the special event permit process and how proposed conditions would limit the project to a lower number of annual special events; discussed delivery trucks.
Assistant City Engineer Ponsen explained ground water monitoring, construction traffic and parking, drainage and performance bonds, parking restrictions on Pasadena Court, Fire Department review and inclinometers.
Deputy City Attorney Burns concurred with staff’s recommendation on categorical exemption under CEQA
Chair Cosgrove suggested Conditions restricting deliveries to Avenida Victoria only; that the garage door remain open during the day and closed at night; and no amplified sound; and requested the City offer a meeting with the applicant’s engineers with HOA engineers.
During discussion, the Commission indicated it could make the Findings and to allow staff to work out the garage door operations and that the spa closes at 10 p.m.
IT WAS MOVED BY CHAIR COSGROVE, SECONDED BY COMMISSIONER CAMP, AND CARRIED 5-0, COMMISSIONER DAVIS AND CHAIR PRO TEM MCCAUGHAN ABSENT, TO 1) Determine the project is categorically exempt from the requirements of the CEQA pursuant to CEQA Guidelines §15301 (Class 1: Existing Facilities); §15331 (Class 31:
Historical Resource Restoration/Rehabilitation); and §15332 (Class 32: In-Fill Development Projects); and 2) Adopt Resolution PC 24-013, approving Public Hearing Project 24-249, Sea Cliff Boutique Motel and Restaurant, subject to Conditions of Approval, with modifications to the following Conditions:.
a. Add 3.20: The applicant/owner shall install a trench drain adjacent to the retaining wall along Avenida Victoria north of the historic residence garages for the purpose of conveying water from existing subdrains to the street and shall also replace any displaced parking meters along Avenida Victoria at their own expense and to the standards and satisfaction of the City Engineer. b. Remove 4.24 (landscape plane)
c. Add 5.14: The applicant/owner shall install signage in location(s) approved by the City that includes the following: (1) that there shall be public access to the viewing deck daily from 6:00 a.m. to 10:00 p.m. and to the restaurant patio during operating hours; (2) contact information for the owner’s representative responsible for maintaining the access area and to whom complaints can be directed; and (3) that misuse of the area is enforceable by the Orange County Sheriff’s Department and the City and subject to citation. The owner shall obtain written approval of the design, verbiage and location(s) of the signage from the City prior to installation. The owner shall execute such other and further documentation as may be required by the Orange County Sheriff’s Department or the City to allow enforcement with respect to misuse use of the Minutes of Special Planning Commission Meeting of July 24, 2024 Page 5 area, including but not limited to under San Clemente Municipal Code Titles 8, 9, and 17.
d. Replace 7.7 with: A garage door or gate shall be required at the entry to the subterranean garage and shall be open from 7 am – 10 pm. Hours may be modified by the City Planner, in concurrence with the City Engineer. e. Modify 7.8: Replace “All” with “Amplified sound and…” f. Add 7.10: Commercial deliveries shall be taken from the driveway or garage along the Avenida Victoria frontage.
g. Add 7.11: The pool and spa shall close at 10 p.m. daily.
B. Public Hearing Project 24-029, Rimland Residence, 137 W. Avenida Santiago The Planning Commission will consider to allow the demolition of 1,155 square feet of the existing two-story single-family residence, the construction of a first and second story addition totaling 2,229 square feet, and a 344 square foot roof deck in the Residential Low (RL) Density Zoning District and abutting a historic resource at 201 Esplanade. The project includes a Development Permit (DP 24-041).
The Planning Commission will also consider whether the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines §15301 (Class 1: Existing Facilities), §15302 (Class 2:
Replacement or Reconstruction), and §15303 (Class 3(a): New Construction of a single-family residence in a residential zone).
Commissioner Prescott–Loffler disclosed site visits.
Chair Cosgrove opened the public hearing.
John Ciampa, Contract Planner narrated a PowerPoint Presentation entitled, “Rimland Residence, 137 W. Avenida Santiago, PHP24-029 for a Development Permit DP24-041),” dated July 24, 2024. A copy of the Presentation is on file in Planning Division.
Austin Peters, Applicant’s architect, explained the goal to make the property the primary residence; overall design strategy to remove massing; and the existing property across the street.
In response to Commission questions, Mr. Peters indicated the mature landscaping would remain and the parking would be unchanged.
During discussion, the Commission indicated the project would be an improvement to the home and neighborhood; the Findings could be made; and there was no negative impact on historic resources.
Minutes of Special Planning Commission Meeting of July 24, 2024 Page 6
IT WAS MOVED BY COMMISSIONER MCKHANN, SECONDED BY COMMISSIONER PRESCOTT-LOEFFLER, AND CARRIED 5-0, COMMISSIONER DAVIS AND CHAIR PRO TEM MCCAUGHAN ABSENT, 1) Determine the project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines 14 CCR §15301, Class 1: Existing Facilities, §15302, Class 2: Replacement or Reconstruction and §15303, Class 3(a): New Construction of a single-family residence in a residential zone; and 2) Adopt Resolution PC 24-017, approving Development Permit 24-041, Rimland Residence, subject to the Conditions of Approval provided in the staff report.
C. Public Hearing Project (PHP) 24-246, Rasta Taco Mixed-Use, 424 N. El Camino Real
The Planning Commission will consider a request to develop a new mixed-use building with two ground floor commercial spaces, including a restaurant with beer, wine, and alcohol sales for indoor and outdoor consumption, and a residential unit and an ADU on the second floor above. The project includes a Development Permit (DP 24-247) and a Conditional Use Permit (CUP 22-246).
The Planning Commission will also consider whether the project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines §15302 (Class 2: Replacement or Reconstruction), §15303 (Class 3(b) and 3(c): New construction of a building under 10,000 square feet in an urbanized area which includes up to six small residential units), and §15332 (Class 32: In-Fill Development Projects).
Commissioner Prescott-Loeffler disclosed that she had driven by the property.
Commissioner McKhann disclosed he had property within 1000 feet of the project but did not anticipate a financial impact.
Chair Cosgrove opened the public hearing.
Jonathan Lightfoot, City Planner, narrated a PowerPoint Presentation entitled, “Rasta Taco Mixed-Use,” dated July 24, 2024. A copy of the Presentation is on file in Planning Division.
In response to Commission questions, the applicant discussed proposed signage; stucco projections; and building size.
City Planner Lightfoot responded to questions about roof heights and maximum height, and alcohol license and onsite consumption.
Chair Cosgrove closed the public hearing.
The Commission discussed the need to consider signage; improvements to the existing location; and concurred that the signage be reviewed by DRC.
Minutes of Special Planning Commission Meeting of July 24, 2024 Page 7
IT WAS MOVED BY COMMISSIONER CAMP, SECONDED BY CHAIR COSGROVE, AND CARRIED 5-0, COMMISSIONER DAVIS AND CHAIR PRO TEM MCCAUGHAN ABSENT, to 1) Determine the project is Categorically Exempt from the requirements of the CEQA pursuant to CEQA Guidelines Section 15302 (Class 2 (b): Replacement or Reconstruction),15303 (Class 3(b) and 3(c): New Construction), and §15332 (Class 32: Infill Development Projects); and 2) Adopt Resolution PC 24-018, approving Development Permit 24-247 and Conditional Use Permit 22-246, subject to Conditions of Approval with an added condition (4.20) to require removal of the keystone detail above the arch to create space for signage; and final sign location and details to be reviewed by Design Review Subcommittee.
9. NEW BUSINESS
A. Selection of Planning Commission Chair, Vice-Chair, and Chair Pro Tem Chair
Outgoing Chair Cosgrove was nominated by Commissioner McKhann to serve as Chair of the Planning Commission. On a majority vote, Cameron Cosgrove was selected as Chair of the Planning Commission.
Vice Chair
Outgoing Chair Pro Tem Gary P. McCaughan was nominated by Commissioner Prescott-Loeffler to serve as Vice Chair of the Planning Commission. On a majority vote, Gary P. McCaughan was selected as Vice Chair.
Chair pro tem
Outgoing Vice Chair Camp was nominated by McKhann to serve as Chair pro tem of the Planning Commission. On a majority vote, M. Steven Camp was selected to serve as Chair pro tem.
B. Selection of Design Review Subcommittee Members
Appoint four (4) Commissioners to serve on the Design Review Subcommittee; three (3) serve as active members and one (1) is an alternate member. The Design Review Subcommittee (DRSC) meets the second and fourth Wednesday of each month at 3:00 p.m.
IT WAS MOVED BY COMMISSIONER PRESCOTT-LOEFFLER, SECONDED BY CHAIR COSGROVE, AND CARRIED 5-0, COMMISSIONER DAVIS AND CHAIR PRO TEM MCCAUGHAN ABSENT, to appoint M. Steven Camp, Cameron Cosgrove and Barton Crandall to the Design Review Subcommittee, with Scott McKhann as Alternate.
Commissioner Camp was nominated by Commissioner Crandell to serve as Chair of the DRSC. On a majority vote, M. Steven Camp was selected as Chair.
Commissioner Crandell was nominated by Commissioner Camp to serve as Vice Chair of the DRSC. On a majority vote, Barton Crandell was selected as Vice Chair.
Minutes of Special Planning Commission Meeting of July 24, 2024 Page 8
10. OLD BUSINESS
None.
11. REPORTS OF COMMISSIONERS AND STAFF
A. Tentative Future Agenda
B. Administrative Development Permit Report
City Planner Lightfoot discussed the Ole Hanson Beach Club community meeting which would be brought back to the Commission in August; announced the Senior Planner recruitment; and Miramar site visits and timeline of expectations.
12. ADJOURNMENT
THERE BEING NO OTHER BUSINESS BEFORE THE COMMISSION, IT WAS
MOVED BY COMMISSIONER MCKHANN, SECONDED BY VICE CHAIR CAMP, AND CARRIED 5-0, COMMISSIONER DAVIS AND CHAIR PRO TEM MCCAUGHAN ABSENT, TO ADJOURN THE MEETING AT 8:30 P.M. TO A REGULAR PLANNING COMMISSION MEETING TO BE HELD IN-PERSON ON AUGUST 21, 2024, AT THE SAN CLEMENTE CITY HALL COUNCIL CHAMBERS LOCATED AT 910 CALLE NEGOCIO, 2
nd FLOOR, SAN CLEMENTE, CALIFORNIA.
Respectfully submitted,
Cameron Cosgrove, Chair
Attest:
Jonathan Lightfoot, City Planner