Agenda packet — San Clemente City Council, October 15, 2024 (part 1 of 2)

910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers
Mayor Cabral
Mayor Pro Tem Enmeier
Councilmember Duncan
Councilmember Knoblock
Councilmember Loeffler
5:30 p.m. - Closed Session (Special Meeting)
6:00 p.m. - Business Meeting

CITY OF SAN CLEMENTE
Tuesday, October 15, 2024
City Council
Revised Special Meeting Agenda
Information concerning City Council Meeting protocols and procedures is contained at the end of this agenda.

RULES FOR ADDRESSING COUNCIL
• Members of the public may address the City Council on matters within the jurisdiction of the City of San Clemente.
• If you wish to address Council, please complete one of the blue speaker cards located at the entrance to the Council Chambers and turn it in to the City Clerk or Deputy City Clerk. • Persons wishing to address Council concerning an agendized item will be invited to address Council during the time that Council is considering that particular agenda item.

Persons wishing to address Council concerning a non-agendized issue will be invited to address Council during the “Oral Communications” portion of the meeting. • When invited by the Mayor, please step to the podium, and if you wish, state your name and the City in which you reside, and make your presentation. Please limit your presentation to three minutes.

MISSION STATEMENT
The City of San Clemente, in partnership with the community we serve, will foster a tradition dedicated to:

Maintaining a safe, healthy atmosphere in which to live, work and play; Guiding development to ensure responsible growth while preserving and enhancing our village character, unique environment and natural amenities; Providing for the City’s long-term stability through promotion of economic vitality and diversity…
Resulting in a balanced community committed to protecting what is valued today while meeting tomorrow’s needs.

CALIFORNIA ENVIRONMENTAL QUALITY ACT
The California Environmental Quality Act (“CEQA”) is the state law that requires the City to evaluate and document the potential environmental consequences of discretionary decision. (See, California Public Resources Code Sections 21000-21189.3; and the “CEQA Guidelines” at California Code of Regulations Title 14, Division 6, Chapter 3, Sections 15000-15387). For each item that requires a CEQA determination by the City Council, there is a reference to that determination on this agenda, and more information regarding the CEQA analysis is included in the documents that accompany this agenda. To the extent that City staff determines that particular items are not subject to CEQA, there will be no indication of a CEQA action on this agenda.

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1 City Council Revised Special Meeting Agenda October 15, 2024

DISCLOSURE OF CAMPAIGN CONTRIBUTIONS
Pursuant to Government Code § 84308, City Council Members are disqualified and not able to participate in any agenda item involving contracts (other than competitively bid, labor, or personal employment contracts), franchises, discretionary land use permits and other entitlements if the City Council Member received more than $250 in campaign contributions from the applicant or contractor, an agent of the applicant or contractor, or any financially interested participant who actively supports or opposes the City’s decision on the agenda item since January 1, 2023. Members of the City Council who have received, and applicants, contractors or their agents who have made, campaign contributions totaling more than $250 to a City Council Member since January 1, 2023, are required to disclose that fact for the official record of the subject proceedings. Disclosures must include the amount of the campaign contribution and identify the recipient City Council Member and may be made either in writing to the City Clerk before the agenda item or by verbal disclosure during consideration.

CLOSED SESSION (5:30 P.M.) (Special Meeting)
A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Discussion concerning real property transactions in compliance with Government Code section 54956.8 regarding:

1. Real Property Negotiations: 690-552-06
Property: A 0.8-acre area of the Richard T. Steed Memorial Park property at the intersection of Avenida La Pata and Calle Extremo, currently established as the Baron Von Willard Dog Park
City Negotiators: Andy Hall, City Manager and Samantha Wylie, Director of Beaches, Parks and Recreation
Negotiating Parties: David Browning, Orange County Mountain Bike Association
Under Negotiation: Price and terms
BUSINESS MEETING (6:00 P.M.)

CALL TO ORDER
INVOCATION – Pastor John Randall, Calvary South OC

PLEDGE OF ALLEGIANCE

ROLL CALL

1. Special Presentations
A. Breast Cancer Awareness Month
In honor of Breast Cancer Awareness month, we encourage our residents to prioritize their health by scheduling an appointment for early detection.

2. Council Member Reports

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2 City Council Revised Special Meeting Agenda October 15, 2024

3. Oral Communications (Part 1)
Members of the audience who wish to address Council on matters that are within the jurisdiction of the City of San Clemente, but not separately listed on the agenda, may do so during the Oral Communications portion of the meeting. Speakers may address Council once during either Oral Communications Part 1 or Part 2. A total time limitation of 30 minutes is allocated for Oral Communications Part 1, with each speaker being allotted 3 minutes in which to give his or her presentation. Speaker order is determined by the order in which speaker cards are provided to the City Clerk or Deputy City Clerk at the meeting. Speakers that cannot be accommodated during Oral Communications Part 1 will be invited to address Council during Oral Communications Part 2, which appears on this agenda as Item No. 12. When invited by the Mayor, please step to the podium, and if you wish, state your name and the City in which you reside, and make your presentation. Under the Ralph M. Brown Act, the City Council cannot act on items raised during public comment but may respond briefly to statements made or questions posed, request clarification or refer the item to staff.

4. Motion waiving reading in full of all Resolutions and Ordinances

5. Consideration of agendizing items requiring immediate action Per Government Code section 54954.2(b) and 54956.5. Any items agendized will be considered under New Business, unless otherwise determined by a majority vote of the City Council.

6. Closed Session Report - City Attorney

7. Staff Communications

8. Public Hearings
The Public Hearing process includes a staff presentation, a presentation by the applicant not to exceed ten (10) minutes, and public testimony (not to exceed three minutes per speaker). Following closure of the Public Hearing, the City Council will respond to questions raised during the hearing, discuss the issues, and act upon the matter by motion.
8A. DE NOVO APPEAL AND PUBLIC HEARING ON PROJECT (PHP) 23-262, HOTEL CLEMENTE & LORETTA’S RESTAURANT, A REQUEST TO
CONSTRUCT A 28-UNIT BOUTIQUE HOTEL AND A RESTAURANT WITH

OUTDOOR SEATING, AND FINDING THE PROJECT CATEGORICALLY

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Staff Recommendation
Conduct a de novo public hearing, hear and consider all public testimony and comments, close the public hearing, and adopt Resolution No. 24-158, which will:

1. Find the Project categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15331 (Class 31: Historical Resource Restoration/Rehabilitation) and Section 15332

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3 City Council Revised Special Meeting Agenda October 15, 2024 (Class 32: In-Fill Development Projects), and direct staff to file a Notice of Exemption.

2. Deny the appeal and approve with conditions Project 23-262, consisting of Cultural Heritage Permit 23-263, Development Permit 24-258, Conditional Use Permit 23-264, and Minor Conditional Use Permit 24-260, Hotel Clemente and Loretta’s Restaurant, for the demolition of a duplex, rehabilitation and adaptive reuse of a historic resource at 232 Avenida Granada, construction of two new buildings to establish a 28-room boutique hotel, with a roof-top deck and architectural elements and elevator towers encroaching above the maximum height for the zoning district, and specialty restaurant with indoor and outdoor seating. The project will merge the five lots into one parcel for the development and include sale of on-site full-service alcohol, outdoor courtyard seating, indoor amplified music, valet parking service, the use of vehicle lifts, and parking demand modifications with shared parking.

9. Unfinished Business
9A. UPDATE ON SIDEWALK VENDING ENFORCEMENT
Staff Recommendation
Receive and file the Administrative Report dated October 15, 2024, and on file with the City Clerk.

10. New Business
None.

11. Consent Calendar
All items listed on the Consent Calendar are considered to be routine and will be enacted by one motion without discussion unless Council or Staff requests removal of an item for separate discussion and action.

A. City Council Minutes
Staff Recommendation:
(1) APPROVE THE CITY COUNCIL REGULAR MEETING MINUTES OF OCTOBER 15, 2024.

B. Commission/Committee Minutes
Staff Recommendation:

Receive and file the following:
(1) PLANNING COMMISSION ADJOURNED MEETING OF SEPTEMBER
18, 2024.

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4 City Council Revised Special Meeting Agenda October 15, 2024 (2) ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF
SEPTEMBER 19, 2024.
(3) ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF
OCTOBER 3, 2024.

C. Warrant Register
(1) APPROVE WIRE TRANSFER NOS.
3122 THROUGH 3123 AND WARRANT NOS.
599627 THROUGH 599787, PAID ON
9-27-24, IN THE AMOUNT OF $1,870,089.10
Payroll Register
None.
11D. CONTRACT AWARD - PEDESTRIAN AUDIBLE WARNING SYSTEM (PAWS) REHABILITATION, AUTHORIZING A 10% PROJECT

CONTINGENCY, AND FINDING THE PROJECT CATEGORICALLY

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Staff Recommendation
Adopt Resolution No. 24-159, which will:

1. Determine that the project is categorically exempt from the California Environmental Quality Act under Class 2 (Replacement or Reconstruction, 14 CCR 15302), Section 15302 of the state CEQA Guidelines.

2. Award a professional consultant services agreement to Pacific Railway Enterprises, Inc. for the Pedestrian Audible Warning System Rehabilitation, CIP Project No. 25505.

3. Approve, and authorize the City Manager to execute, Contract No. C24 -58, by and between the City of San Clemente and Pacific Railway Enterprises, Inc., providing for the Pedestrian Audible Warning System Rehabilitation, in an amount not to exceed $248,481, in a form substantially similar to Contract No. C24-58 (Attachment 2).

4. Approve a 10% project contingency.

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5 City Council Revised Special Meeting Agenda October 15, 2024 11E. CONTRACT AWARD - PICO/PRESIDIO DIP REPLACEMENT, APPROVING A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $140,000 FROM

THE WATER FUND DEPRECIATION RESERVE, AND FINDING THE

PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
Staff Recommendation
Adopt Resolution No. 24-160, which will:

1. Find the Pico/Presidio DIP Replacement Project Repairs, Project No. 13411, categorically exempt from the California Environmental Quality Act (CEQA) under Class 2 (Replacement or Reconstruction, 14 CCR section 15302) of the State CEQA Guidelines.

2. Approve a supplemental appropriation of $140,000 from the Water Fund Depreciation Reserve into Account No. 052-466-45300-000-13411.

3. Award a contract to Diamond Construction & Design, as the lowest responsible and responsive bidder, for the Pico/Presidio DIP Replacement Project Repairs, Project No. 13411.

4. Approve, and authorize the City Manager to execute, Contract No. C24- 59, by and between the City of San Clemente and Diamond Construction & Design, providing for the Pico/Presidio DIP Replacement project, in an amount not to exceed $1,189,310 in a form substantially similar to Contract No. 24-59 (Attachment 2).

5. Approve a 15% construction contingency of $178,397 for this project. 11F. CONTRACT AWARD - AVENIDA MONTALVO CANYON AND TRAIL IMPROVEMENTS HABITAT RESTORATION, CIP PROJECT NOS. 22001 & 16004 AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
Staff Recommendation
Adopt Resolution No. 24-161, which will:
..recommendation

1. Award a contract to Habitat Restoration Science, Inc., as the lowest responsible and responsive bidder, for the Avenida Montalvo Canyon and Trail Improvement Habitat Restoration, CIP Project Nos. 22001 & 16004.

2. Approve, and authorize the City Manager to execute, Contract No. C24- 60, by and between the City of San Clemente and Habitat Restoration Science, Inc., providing for the Avenida Montalvo Canyon and Trail Improvement Habitat Restoration, in an amount not to exceed $223,299 in

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6 City Council Revised Special Meeting Agenda October 15, 2024 a form substantially similar to Contract No. 24-60 (Attachment 2).

3. Approve a 15% construction contingency of $33,495 for this Project.

4. Find the Avenida Montalvo Canyon and Trail Improvement Habitat Restoration, CIP Project Nos. 22001 & 16004, categorically exempt from the CEQA under Class 2 (Replacement or Reconstruction, 14 CCR section 15302) of the State CEQA Guidelines.
11G. CONTRACT AWARD - OFFSHORE SAND SOURCE INVESTIGATION,

ACCEPTING RELATED GRANT FUNDING, MAKING A SUPPLEMENTAL

APPROPRIATION, AND FINDING THE PROJECT STATUTORILY EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Staff Recommendation
Adopt Resolution No. 24-162, which will:

1. Find the project statutorily exempt from the California Environmental Quality Act (CEQA) under Section 15262 (Feasibility and Planning Studies) of the state CEQA Guidelines.

2. Award a professional consulting services agreement to Coastal Frontiers Corporation for offshore sand source investigation.

3. Approve, and authorize the City Manager to execute, Contract No. C24-61, by and between the City of San Clemente and Coastal Frontiers Corporation, providing for the offshore sand source investigation, in an amount not to exceed $796,266.

4. Accept grant revenues in the amount of $800,000 to Account No. 001-000- 33446 (Coastal Grant Revenue).

5. Make a supplemental appropriation of $800,000 to Account No. 001-433- 43695 (Professional Studies).

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7 City Council Revised Special Meeting Agenda October 15, 2024 11H. CONSIDERATION OF A RESOLUTION APPROVING THE PUBLIC SAFETY COMMITTEE’S FISCAL YEAR 2024-2025 WORK PLAN, AND DETERMINING

THAT THE WORK PLAN ACTIVITIES ARE EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
Public Safety Committee and Staff Recommendation
Adopt Resolution No. 24-163, which will:

1. Determine that the FY 2024-25 Work Plan Items are exempt from the California Environmental Quality Act (CEQA) pursuant to Guidelines Sections 15060(c)(2) and 15378.

2. Approve the FY 2024-25 Work Plan as presented by the Public Safety Committee.

3. Appropriate $18,500 from the General Fund to Account No. 001-451-43890- 000-0000 for the Human Trafficking project ($3,500) and the Neighborhood Watch program project ($15,000), as outlined in the Work Plan. 11I. CONSIDERATION OF A RESOLUTION APPROVING THE HUMAN AFFAIRS COMMITTEE FISCAL YEAR 2024-2025 WORK PLAN, AND DETERMINING

THAT THE WORK PLAN ACTIVITIES ARE EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
Human Affairs Committee and Staff Recommendation
Adopt Resolution No. 24-164, which will:

1. Determine that the FY 2024-25 Work Plan Items are exempt from the California Environmental Quality Act (CEQA) pursuant to Guidelines Sections 15060(c)(2) and 15378.

2. Approve the FY 2024-25 Work Plan as presented by the Human Affairs Committee.

3. Appropriate $7,050 for these five projects from the City’s General Fund to Account No. 001-435-44420-000-00000 for the Fee Supplement for Underprivileged Volunteers ($1,500), Updating Resource Registry ($2,500), San Clemente High School Humanitarian Award and Support ($550), and Community Resource Fair ($2,500) projects, as outlined in the Work Plan.

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8 City Council Revised Special Meeting Agenda October 15, 2024 11J. CONSIDERATION OF A RESOLUTION APPROVING THE COASTAL ADVISORY COMMITTEE FISCAL YEAR 2024-2025 WORK PLAN, AND

DETERMINING THAT THE WORK PLAN ACTIVITIES ARE EXEMPT FROM

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Coastal Advisory Committee and Staff Recommendation
Adopt Resolution No. 24-165 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING THE FY 2024-25

COASTAL ADVISORY COMMITTEE WORK PLAN AND DETERMINING THE ACTION IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. 11K. CONSIDERATION OF THE FY 2024-25 GOLF COURSE COMMITTEE WORK PLAN
Golf Course Committee and Staff Recommendation
Adopt Resolution No. 24-166 entitled A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING THE FY 2024-25 GOLF COURSE COMMITTEE WORK PLAN.

12. Oral Communications (Part 2)
Members of the audience who wish to address Council on matters that are within the jurisdiction of the City of San Clemente, but not separately listed on the agenda, may do so during the Oral Communications portion of the meeting. When invited by the Mayor, pleas step to the podium , and if you wish, state your name and the City in which you reside, and make your presentation, not to exceed three minutes. Under the Ralph M. Brown Act, the City Council cannot act on items raised during public comment but may respond briefly to statements made or questions posed, request clarification or refer the item to staff.

13. Future Agenda Items

14. Reports
A. Commissions and Committees
B. Council Subcommittee Updates
C. City Attorney
D. City Manager

15. Adjournment
The next Regular City Council Meeting is scheduled to take place on November 19, 2024. Closed Session will begin at 5:00 p.m. and the Regular Business Meeting will begin at 6:00 p.m. The meeting will take place in the Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

Please note the November 5, 2024 Regular City Council meeting was previously canceled.

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9 City Council Revised Special Meeting Agenda October 15, 2024

CITY COUNCIL MEETING PROCEDURES

PRESENTATION OF WRITTEN MATERIALS TO COUNCIL
In order to ensure that Councilmembers have adequate time to consider written materials concerning agenda items, it is strongly recommended that such materials be submitted to the City Clerk by noon the date preceding the Council meeting.

MEETINGS RECORDED AND TELEVISED
City Council meetings are broadcast live and are replayed periodically on Cox Communications Local Access Channel 854. Meetings are also available for live-stream or post meeting viewing from the City’s website.

Meetings are also recorded via audio CD and/or DVD and retained as a City record in accordance with the City’s records retention schedule.

USE OF ELECTRONIC VISUAL AIDS BY PUBLIC AT MEETINGS
To allow staff adequate time to confirm software compatibility, individuals wishing to utilize electronic visual aids to supplement their oral presentations at the meeting, must submit the electronic files to the City Clerk by no later than 12:00 p.m. on the day of the meeting. Only compatible electronic formats will be permitted to be used on City audio/visual computer equipment. Staff makes no guarantee that such material will be compatible, but will use its best efforts to accommodate the request.

LENGTH OF MEETINGS
At 11:00 p.m., the City Council will determine which of the remaining agenda items can be considered and acted upon at this meeting and will continue all other agenda items to a future meeting.

AMERICANS WITH DISABILITIES ACT
Pursuant to the Americans with Disabilities Act, persons with a disability who require a disability-related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, may request such modification or accommodation from the City Clerk at (949) 361-8200. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to the meeting.

COMMUNICATION DEVICES
To minimize meeting distractions and sound system interference, please be sure all personal communication devices are turned off or on silent mode.

MEETING SCHEDULE
Regular Council Meetings are held on the first and third Tuesdays of each month in the Council Chambers, located at 910 Calle Negocio, 2nd floor, San Clemente. Closed Session are considered at 5:00 p.m. and the Business Meeting begins at 6:00 p.m. Additional meetings of the City Council may be called as needed.

AGENDAS, ADMINISTRATIVE REPORTS AND SUPPLEMENTAL WRITTEN MATERIALS Agendas and Administrative Reports are available for review and/or copying at the City Clerk’s Department as soon as agendas are posted, by accessing the City’s website at www.san-clemente.org. An “Inspection Copy” of agenda materials is also located at the entrance to the Council Chambers during meetings for public review. All written material distributed to a majority of the Council after the original agenda packet was distributed is available for public inspection in the City Clerk’s Department, located at 910 Calle Negocio, San Clemente, during normal business hours.

The City Clerk’s Department offers an agenda packet subscription service free of charge. If you wish to receive email copies of City Council agendas, which include hyperlinks to staff reports and other back-up material, register at http://san-clemente.org/enotification.

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10 910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: October 15, 2024 Agenda Item: 8A.

Submitted By: Planning Division
Prepared By: Johnathan Ciampa, Contract Planner
Subject:
..titl e
DE NOVO APPEAL AND PUBLIC HEARING ON PROJECT (PHP) 23-262, HOTEL CLEMENTE & LORETTA’S RESTAURANT, A REQUEST TO CONSTRUCT A 28-UNIT BOUTIQUE HOTEL

AND A RESTAURANT WITH OUTDOOR SEATING, AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ..body Fiscal Impact:

If approved, the project would contribute revenue to the City’s General Fund from Transient Occupancy Tax in the amount of 10 percent of the rent charged by the hotel operator and sales tax from the revenue of the restaurant operations.

Summary:

An appeal of the Planning Commission’s decision to approve PHP 23-262, Hotel Clemente and Loretta’s Restaurant, located on urbanized lots at 225-229 Avenida Del Mar and 232-234 Avenida Granada was submitted (Attachment 2) on September 3, 2024. PHP 23-262 consists of Cultural Heritage Permit 23-263, Development Permit 24-258, Conditional Use Permit 23-264, and Minor Conditional Use Permit 24-260 (collectively, the “Project”). The Project includes the demolition of a duplex at 232 Avenida Granada, rehabilitation of the historic commercial building at 229 Avenida Del Mar (Antoinette Building), and construction of a 28-unit boutique hotel and restaurant. The Project includes requests for an increase in the allowable height for architectural projections and elevator towers, and a ground floor restaurant with outdoor seating, full alcohol service, and amplified music.

Per San Clemente Municipal Code (SCMC) 17.12.140 - Appeals of an Action, “[t]he body hearing the appeal shall not be limited to the issues raised on the appeal, but rather shall be entitled to review new evidence and to consider all elements of the appealed action. At the close of the public hearing on the appeal, the appellate body may reverse, affirm, revise or modify original action on the application being appealed.”
Staff recommends that the City Council deny the appeal and approve the Project subject to the conditions of approval within the proposed resolution (provided as Attachment 1, Exhibit A), which would allow the rehabilitation of the historic resource and construction of a new hotel and restaurant at 225-229 Avenida Del Mar and 232-234 Avenida Granada.

Background:

The Project is comprised of several zoning-permit applications required by Title 17, Zoning, of the SCMC. These permits include:
11 Meeting Date: October 15, 2024 Agenda Item: 8A.

CITY OF SAN CLEMENTE 2

1. Development Permit – to provide review ensuring the Project preserves and strengthens the City’s Spanish village with architecture that is sensitive to the downtown and community character;

2. Cultural Heritage Permit - to provide review ensuring the Project minimizes or eliminates negative or undesirable visual and physical impacts on abutting Historic Resources; and

3. Minor/Conditional Use Permit - to provide review ensuring the Project’s use and operations of the Project will avoid negative impacts on the surrounding environment.

The Project site is comprised of five adjoining lots: three have frontage along Avenida Del Mar with the Downtown Mixed-Use 3.0 (MU 3.0) zoning designation, and two are along Avenida Granada with the Downtown Mixed-Use 3.3 (MU 3.3) zoning designation within the Central Business (CB), Architectural (A) Overlay, and Coastal Zone (MU3.0/3.3-CB-A-CZ). The Project site is also located across the street from two historic resources located at 222 and 228 Avenida Del Mar. Figure 1, below, provides a site map of the Project location and surrounding area.

Figure 1: Vicinity Map of the Project Site
Staff believes that the Project is consistent with General Plan Policies and Design Guidelines, and is in compliance with applicable development standards of the SCMC. Recommended consistency findings are further described in the attached resolution. The major aspects of the Project include the following:
 Rehabilitate and incorporate a historic resource at 229 Avenida Del Mar. 12 Meeting Date: October 15, 2024 Agenda Item: 8A.

CITY OF SAN CLEMENTE 3
 Construct a two-story 28-room hotel and a 5,680 square foot, 100-seat restaurant and courtyard.
 Construct a 2,425 square-foot roof deck on the hotel.  Construct a 3,076 square-foot basement for a meeting room and storage area.  Provide 36 parking spaces on-site with the use of 12 hydraulic parking lifts.  Service full range of alcohol at the restaurant, bar, and hotel roof-deck.  Provide amplified music at the restaurant and hotel, including outdoors at the patio and hotel roof deck.
 Provide 24/7 valet service for hotel and restaurant guests.

The Design Review Subcommittee, in its capacity as the Cultural Heritage Subcommittee (CHSC), reviewed the Project on February 28, 2024 and March 27, 2024. The staff reports and minutes from each meeting are provided in Attachments 3 and 4. In summary, the CHSC supported the Project moving forward to the Planning Commission with comments for the applicant to consider related to modifying the 1980s-era addition in front of the historic resource to improve views to historic character defining features of the resource including the second-floor deck and stairs. Figure 2, below, provides an architectural rendering of the Project, as it would be viewed from Avenida Del Mar. Also, reference Attachment 3 for conceptual architectural and landscape plans.

Figure 2: Project Rendering with Rehabilitation of Historic Antoinette Building The applicant’s historic preservation consultant (Urbana Preservation and Planning) evaluated the Project and prepared a Historic Resource Analysis Report (HRAR, provided within Attachment 3) which was peer reviewed by the City’s third-party historic preservation consultant, GPA Consulting. The analysis concluded that the Project complies with the Secretary of the Interior Standards for Rehabilitation, as conditioned in the draft resolution.

On June 26, 2024, the Planning Commission reviewed and discussed the Project, and continued it to the August 21, 2024 hearing where the Project was unanimously approved with modified conditions of approval. Reference Attachments 3 and 4 for the Planning Commission staff reports 13 Meeting Date: October 15, 2024 Agenda Item: 8A.

CITY OF SAN CLEMENTE 4
and meeting minutes, which provide analysis on the Project’s parking study, compliance with the Secretary of the Interior’s Standards for Rehabilitation, architecture, compatibility with the surrounding development, operational hours for alcohol service and roof-top deck, and noise generated by the vehicle lifts and amplified music.

The modifications incorporated by the Planning Commission included:
 Elimination of outdoor amplified music.
 Modified rooftop deck hours to close at 10:00 pm.
 Modified bar service hours to close at 12:00 am.
 Required the rooftop deck be constructed with noise reduction surfaces.  Eliminated the option to contribute a multi-modal fee for the Trolley to increase the restaurant seating to from 100 to the originally proposed quantity of 130 (98 indoors and 32 outdoors).
 Prohibited deliveries on Avenida Granada or on-site in the parking area. All deliveries are required along Avenida Del Mar between the hours of 5:00 am and 10:00 am.

The proposed resolution and conditions of approval, included in Attachment 1, reflect these modifications that were made by the Planning Commission.

Discussion:

The appellant, Jorge Alvarez, appealed the Project approval for several reasons, including assertions that: (1) the parking study does not adequately assess the parking demand for the Project, (2) the vehicle lifts adjacent to the side property line will cause noise disturbances, (3) the roof deck is in close proximity to his master bedroom and the use of this area will create noise, (4) the Project design includes multiple balconies that would look into his backyard and impact his privacy, (5) the Project would obstruct the ocean view from his front yard and would impact his property value. The appellant’s submitted appeal is provided as Attachment 2. Generally, the appeal rationale is consistent with arguments that were presented at the June 26 and August 21, 2024 Planning Commission hearings and addressed by staff and/or the Planning Commission.

Therefore, staff recommends denying the appeal and approving the Project with the conditions in the attached resolution.

The applicant has provided a letter (Attachment 5) requesting the City Council 1) allow the use of outdoor amplified music for the Avenida Del Mar courtyard and roof-top deck, 2) modify the restaurant seating capacity by increasing it from the Planning Commission-approved 100 seats to 130 seats, as originally proposed, and 3) modify the Planning Commission-approved alcohol service times for the interior bar to extend to 2:00 am on Saturdays and Sundays nights, as originally proposed. The Project applicant believes that the staff recommended conditions of approval from the June, 26, 2024 resolution are sufficient to avoid impacts to the neighborhood as identified below and hold the applicant accountable to ensuring there are no noise impacts or parking deficiencies.

Noise
If exterior amplified music is approved by the City Council, staff recommends a new condition

5.12 to require the applicant install a noise limiter with the audio system that would limit the decibel level for all exterior amplified music. To address all potential noise generating elements of the Project, condition of approval 5.11, requires that, prior to the Planning Division’s final sign-off 14 Meeting Date: October 15, 2024 Agenda Item: 8A.

CITY OF SAN CLEMENTE 5
of the Project’s Building Permits, the applicant shall conduct an on-site noise test to ensure all business operations comply with the Noise Ordinance, including vehicle lifts.

Restaurant Seating
The parking study (available within Attachment 3) prepared by the applicant’s consultant, Linscott, Law, & Greenspan, Engineers LLG, was peer reviewed by the City’s parking consultant, Kimley Horn, and concluded that the mixed use of the hotel and restaurant and the Parking Management Plan determined the 36 parking spaces provided by the Project comply with the parking demand. Additionally, conditions of approval 7.12 and 7.13 require the applicant to make modifications to the Project or acquire additional off-site parking to address a deficiency in parking, if it occurs.

Alcohol Service
The applicant requests to amend condition of approval 7.4 to extend alcohol service at the indoor bar two additional hours from midnight to 2:00 am for hotel guests only.

Council Options:
 Adopt Resolution No. 24-158, denying the appeal and approving Project 23-262, Hotel Clemente and Loretta’s Restaurant, consisting of Cultural Heritage Permit 23-263, Development Permit 24-258, Conditional Use Permit 23-264, and Minor Conditional Use Permit 24-260, with the same conditions approved at the Planning Commission’s public hearing on August 21, 2024.
 Modify and adopt Resolution No. 24-158.
 Continue the item and direct staff to provide additional information.

Environmental Review/Analysis:

Staff recommends that the Project be found categorically exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines 15331 (Class 31: Historical Resource Restoration/Rehabilitation) and Section 15332 (Class 32: In-Fill Development Projects).

Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends that the City Council conduct a de novo public hearing, hear and consider all public testimony and comments, close the public hearing, and adopt Resolution No. 24-158, which will:

1. Find the Project categorically exempt from CEQA pursuant to CEQA Guidelines Section 15331 (Class 31: Historical Resource Restoration/Rehabilitation) and Section 15332 (Class 32: In-Fill Development Projects), and direct staff to file a Notice of Exemption; and

CITY OF SAN CLEMENTE 6
and architectural elements and elevator towers encroaching above the maximum height for the zoning district, and specialty restaurant with indoor and outdoor seating. The project will merge the five lots into one parcel for the development and include sale of on-site full-service alcohol, outdoor courtyard seating, indoor amplified music, valet parking service, the use of vehicle lifts, and parking demand modifications with shared parking. ..end
Attachments:

1. Resolution No. 24-158
Exhibit A – Conditions of Approval

2. Appellant’s Notice of Appeal

3. August 21, 2024 Planning Commission Report with Critical Exhibits1Include:
a. June 26, 2024 Planning Commission Minutes and Exhibits b. Urbana Historical Resource Analysis Report (HRAR)
c. GPA (City’s Consultant) Peer Review of HRAR
d. Parking Study and Addendum
e. Vehicle Lift Noise Specifications
f. Conceptual Project Plans

4. August 21, 2024 Planning Commission Minutes

5. Applicant Letter

6. Public Comments
Notification:

Public notices were distributed and posted per City and state requirements.

1 The full August 21, 2024 Planning Commission packet is available online: https://www.sanclemente.org/home/showpublisheddocument/86151/638592508869170000 16 ATTACHMENT 1
RESOLUTION NO. 24-158

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, APPROVING PUBLIC
HEARING PROJECT 24-262 CULTURAL HERITAGE
PERMIT 23-263/ DEVELOPMENT PERMIT 24-258/
CONDITIONAL USE PERMIT 23-264/ MINOR
CONDITIONAL USE PERMIT 24-260, HOTEL CLEMENTE
AND LORETTA’S RESTAURANT, TO REHABILITATE THE
EXISTING HISTORIC COMMERCIAL BUILDING AT 229
AVENIDA DEL MAR, DEVELOP AN 28-UNIT BOUTIQUE

HOTEL AND A RESTAURANT WITH OUTDOOR SEATING,

FULL ALCOHOL SERVICE AND AMPLIFIED MUSIC
LOCATED ON AN URBANIZED LOT AT 225-229 AVENIDA
DEL MAR AND 232-234 AVENIDA GRANADA, AND

FINDING THE PROJECT CATEGORICALLY EXEMPT

FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) PURSUANT TO STATE CEQA GUIDELINES
SECTION 15331 (CLASS 31: HISTORICAL RESOURCE
REHABILITATION) AND SECTION 15332 (CLASS 32: INFILL DEVELOPMENT PROJECTS) WHEREAS, on July 28, 2023, an application was submitted by Jim Lynch, 15705 Condon Avenue, Suite D1, Lawndale, CA 90260, for Public Hearing Project 24-262, which consists of Cultural Heritage Permit (CHP) 23-263/ Discretionary Permit (DP) 24- 258 / Conditional Use Permit (CUP) 23-264/ Minor Conditional Use Permit (MCHP) 24- 260, and was deemed complete on December 21, 2023, for the demolition of a duplex at 232 Avenida Granada and the construction of two new buildings to rehabilitate a historic building into a 28-room boutique hotel, roof top lounge, and specialty restaurant with indoor and outdoor seating; and
WHEREAS, the applicant requested a Conditional Use Permit (CUP23-264) for the sale of on-site full-service alcohol, amplified music, valet parking service, the use of vehicle lifts, and parking demand modifications for a hotel with onsite shared parking, and architectural elements to exceed the maximum height for the zoning district; and WHEREAS, the applicant requested a Minor Conditional Use Permit (MCUP24- 260) to allow encroachment for an elevator shaft above the maximum height for the zoning district; and
WHEREAS, the project will merge the five urbanized lots into one parcel for the development. The project site is located at 225-229 Avenida Del Mar and 232-234 Avenida Granada within the Downtown Mixed-Use 3.0 (MU 3.0, Ave. Del Mar frontage) and 3.3 (MU 3.3, Ave. Granada frontage) zoning districts within the Central Business (CB), Architectural (A) Overlay, and Coastal Zone (MU3.0/3.3-CB-A-CZ). The site’s legal description is Tract 779, lots 13, 14, 15, 45, and 46 of Block 17, Assessor’s Parcel Numbers 058-112-16, 058-112-17, 058-112-18, 058-112-45, and 058-112-46; and 17 Resolution No. 24-158 Page 2
WHEREAS, on June 6, 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, the DMT found that the project’s vehicle circulation design does not meet the City’s Technical Engineering Standards, but relies exclusively on the use of valet services for vehicle operations on-site; and
WHEREAS, on February 28, 2024 and March 27, 2024, the City’s Cultural Heritage Subcommittee (CHSC) considered the project and supported it as proposed with a peer review of the Historical Resource Analysis Report (HRAR); and WHEREAS, on June 26, 2024, the Planning Commission held a public hearing on the project and continued the public hearing to the August 21, 2024 regular Planning Commission meeting; and
WHEREAS, on August 21, 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, determined that the project is Categorically Exempt from CEQA pursuant to State CEQA Guidelines Section 15331 (Class 31: Historical Resource Rehabilitation) and Section 15332 (Class 32: In-Fill Development Projects) and conditionally approved the project with minor modifications; and WHEREAS, on September 3, 2024, Jorge Alvarez, San Clemente resident, 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 October 15, 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 18 Resolution No. 24-158 Page 3
City Council hereby finds and determines that the proposed project is categorically exempt from California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15331 (Class 31: Historical Resource Rehabilitation) and Section 15332 (Class 32: In-Fill Development Projects).

The Class 31 exemption applies to projects limited to maintenance, repair, stabilization, rehabilitation, preservation, conservation or reconstruction of historical resources in a manner consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings. Here, the proposed project is consistent with the Secretary of Interior’s Standards for Rehabilitation as outlined in the project’s Historical Resource Analysis Report (HRAR). The project proposes to rehabilitate the building to historically consistent conditions, has been further revised to more closely reflect the historical style of the structure, and no adverse changes to the historical structure will result. Therefore, no exceptions to this exemption apply, and the project is exempt.

The Class 32 exemption specifically exempts from further CEQA review projects characterized as in-fill development meeting each of the following conditions. First, the project must be consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations.

Here, the general plan designation is Downtown Mixed-Use 3.0 (MU 3.0, Ave. del Mar frontage) and 3.3 (MU 3.3, Ave. Granada frontage) zoning districts within the Central Business (CB), Architectural (A) Overlay, and Coastal Zone (MU3.0/3.3-CB-A-CZ), and the project is consistent with all relevant general policies, including LU-12.02-Infill Development, which states “We accommodate development that is compatible with coastal-oriented and community-serving commercial uses (including overnight accommodations), mixed residential and commercial uses, residential uses, and public recreational uses whose function or scale are compatible with the area’s recreational character”; and HP-2.05-State and Federal Standards, which states “We ensure projects follow the Secretary of Interior Standards for the Treatment of Historic Properties and standards and guidelines as prescribed by the State Office of Historic Preservation for any listed historic resources or properties eligible for historic listing.” Further, the zoning designation of the project site is Downtown Mixed-Use 3.0 (MU 3.0, Ave. del Mar frontage) and 3.3 (MU 3.3, Ave. Granada frontage) zoning districts within the Central Business (CB), Architectural (A) Overlay, and Coastal Zone (MU3.0/3.3-CB-A-CZ), and the project will be consistent with all zoning regulations, including setbacks, height, design, etc.

Second, the proposed development must occur within city limits, on a project site of no more than five acres, and be substantially surrounded by urban uses. Here, the project is located within the city’s limits, is on a project site of only .49 acres, and is substantially surrounded by urban uses, including multi-family residences to the south, commercial to the west (FedEx), and mixed use and commercial uses to the east.

Third, the project site must have no value as habitat for endangered, rare, or threatened species. Here, the project site currently consists of five lots, including 1) two story historic commercial structure, 2) parking for the historic commercial structure, 3) duplex, and 4) the two remaining lots are adjacent to each other with no habitat as they are flat with no 19 Resolution No. 24-158 Page 4
water source and have been managed for weed abatement for the last several years and have no habitat value.

Fourth, the project site must be adequately served by all required utilities and public services. Here, the project site is served by SDG&E (gas and electricity), CR&R (trash), Municipal Water District of Orange County (water), and the City‘s sewer system.

Finally, the project will not result in any significant traffic, noise, air quality, or water quality impacts, nor are any significant impacts from unusual circumstances anticipated.

Thus, the project qualifies for the Class 32 exemption.

Section 3. Cultural Heritage Permit Findings
With respect to Cultural Heritage Permit (CHP) 23-263, the City Council finds as follows:

A. The proposed project is consistent with the General Plan, in that:

1. The project consists of Spanish Colonial Revival architecture, landscaping, and site design, in line with the architectural style that highlights the character of the City’s early development as the “Spanish Village-by-theSea”, which includes the downtown. Additionally, the project includes the rehabilitation of the existing two-story commercial historic resource, and construction of two detached buildings at two stories high (Del Mar building with a basement), on a property that faces commercial buildings along Del Mar and residential buildings along Avenida Granada with buildings ranging from one to two stories high. Building mass has been reduced by placing a second floor deck at the north eastern end of the building and a centrally located courtyard as part of the Del Mar building for restaurant seating, which helps maintain a pedestrian scale from Del Mar, consistent with General Plan Policy LU-2.01-Quality, which states “We require that new development protect community character by providing architecture, landscaping and urban design of equal or greater quality than surrounding development, and by respecting the architectural character and scale of adjacent buildings”; and

2. The project has been designed and conditioned to reduce impacts on neighboring residential properties, by incorporating the following: 1) the required trash enclosure is proposed in the first floor parking area of the Granada building to reduce negative noise and odor impacts; 2) all required parking is provided on site; 3) all of the parking for the Hotel and Restaurant project will be conditioned to be valet and the use of the parking lifts will be for guests staying for longer periods to allow the most efficient use of the parking program for the project; 4) the project has a Parking Management plan and Valet Operations Plan to ensure that all vehicles would be parked on site and there will not be any queuing of vehicles in the street; and 5) the two new buildings with the courtyard along Avenida Del Mar, and the rehabilitation of the historic resource with the 20 Resolution No. 24-158 Page 5
modifications to the 1980s addition maintain an appropriate spatial relationship between project elements themselves and neighboring buildings which maintains adequate light exposure; and 6) the project is conditioned to limit amplified music to indoors only and after 10:00 pm, all windows and doors must remain closed. Additionally, the project must comply with the City’s Noise Ordinance, consistent with General Plan Policy, LU-2.03-Neighborhood Compatibility, which states “We require that commercial projects abutting residential neighborhoods be designed and operated to protect residents from the effects of noise, light, odors, vibration, traffic, parking and other operational impacts”; and 7) the project will incorporate several conditions to ensure the project complies with the Noise Ordinance; and

3. The project consists of visitor-serving uses such as a hotel and public restaurant, designed to offer visitors opportunities for enjoyment of the historical site and other nearby coastal resources, such as the ocean and pier, consistent with General Plan Policy LU-12.02- Infill Development, which states “We accommodate development that is compatible with coastal-oriented and community-serving commercial uses (including overnight accommodations), mixed residential and commercial uses, residential uses, and public recreational uses whose function or scale are compatible with the area’s recreational character.”; and

4. The project includes the rehabilitation of the existing two-story historic resource, and construction of two buildings at two stories high, on a property that faces a residential and commercial neighborhood. Building mass has been reduced by placing a courtyard and covered second floor deck along the Del Mar frontage with a compatible setback from the adjacent residential development, consistent with General Plan Policy UD5.10-Scale and Massing, which states “We require that the scale and massing of development be compatible with its surroundings and with the General Plan, applicable specific plan and or area plan.”; and

5. The City’s Landscape Consultant approved a preliminary landscape plan for the project, that must be implemented during the construction phase as a condition of approval, consistent with General Plan Policy UD-5.19- Landscaping Plans, which states, “We require that development projects subject to discretionary review submit and implement a landscaping and irrigation plan.”; and

6. The project repurposes the site from a residential duplex use and a commercial use to a hotel and restaurant. The existing two-story building will be converted from a real estate office use to accommodate portions of the hotel and restaurant use, and will include three of the 28 lodging units.

The project also consists of remodeling the 1980s-era addition to the historic resource to highlight its historical architectural design and make the historical, character-defining features of the original building visible from the Del Mar right-of-way. Additionally, rehabilitation work on the 21 Resolution No. 24-158 Page 6
historic resource building is using documentary evidence, in compliance with the Secretary of the Interior’s Standards, consistent with General Plan Policy HP-2.04-Adaptive Reuse, which states “We encourage adaptive reuse of historic resources to preserve them and prevent architecturally inappropriate changes, disrepair and demolition.” The project is consistent with the Mello Act and Housing Accountability Act relating to the conversion of residential units to visitor serving accommodations as there are less than three units on the property and therefore not subject to the Mello Act. State law requires that no “Protected Residential Units” be demolished without being replaced in comparable size within the development or elsewhere in the City. The applicant has obtained the necessary information to determine that the existing duplex within the property at 232 Avenida Granada does not have protected units; therefore, the project is not subject to the state’s housing protection laws for replacement housing; and

7. The project was analyzed against the Secretary of the Interior’s Standards (Standards) for Rehabilitation, and it was determined that the proposed work conforms with the Standards, as demonstrated in the project’s Historical Resource Analysis Report (HRAR), consistent with General Plan Policy HP-2.05-State and Federal Standards, which states “We ensure projects follow the Secretary of Interior Standards for the Treatment of Historic Properties and standards and guidelines as prescribed by the State Office of Historic Preservation for any listed historic resources or properties eligible for historic listing.”; and

8. Within the project site, the existing building and the two new buildings are separated and surrounded by pedestrian pathways, garden features, and patio amenities that promote pedestrian movement. The project also connects pedestrians via a pedestrian walkway from Avenida Granada to Avenida Del Mar and provides bikes and incentivizes the use of the bikes to guests and employees with the adjacent bike route as identified in the Pedestrian and Bicycle Master Plan along Calle Seville, consistent with General Plan Policy M-2.50-Pedestrian Connectivity, which states, “We require development projects and site plans to be designed to encourage pedestrian connectivity among buildings within a site, while linking buildings to the public bicycle and pedestrian network.”; and

9. The project will construct a public walkway that connects Avenida Granada and Avenida Del Mar consistent with General Plan Policy BPR-6.04- Interconnected Neighborhoods, which states, “Neighborhoods should be interconnected with safe, well-designed and maintained walking and biking trails, sidewalks, consistent with the City’s Bicycle and Pedestrian Master Plan”; and

10.The project was reviewed by the Cultural Heritage Subcommittee (CHSC) on two occasions. The review of the project by the CHSC resulted in differentiation of the new buildings from the historic resource, and modifications to the 1980s-era addition to the historic resource to ensure 22 Resolution No. 24-158 Page 7
consistency with historical styles and to improve the views from the street of the historic character-defining features of the historic resource, improving the project’s compatibility with adjacent development, consistent with General Plan Policy C-3.04-Development Review, which states, “We review and require changes to development proposals, as needed, to minimize obstructions of designated significant public views and designated scenic view corridors, and to ensure public and private development projects in the Coastal Zone are of high-quality materials and designed to be attractive and aesthetically compatible with adjacent structures, site improvements, utilities and landscape features, as further described in the Urban Design Element.” Additionally, there are no View Corridors identified in the Natural Resources Element of the City’s General Plan or the Coastal Land Use Plan near the subject property and no private view are protected; and

11.The project’s proposed hotel and restaurant contributes to the Centennial General Plan’s Vision to create a vibrant and pedestrian active downtown that draws visitors year-round with its Spanish Colonial Revival design, restaurant with outdoor seating, full range alcohol, amplified music, and a roof top deck, consistent with General Plan Policy ED-4.01, which states, “Avenida Del Mar/T-Zone. We require initiatives, investments, and development approvals for the Avenida Del Mar and T-Zone area to contribute to our vision of the area as an amenity-rich, multi-modal, mixeduse district that emphasizes the pedestrian experience. This district is characterized by its historic resources and is one of San Clemente’s specialty retail and entertainment destinations, serving residents and visitors.”
B. The proposed project complies with zoning regulations (for the MU3.0 and MU3.3 zone, as applicable), in that:

1. The Zoning Code allows hotels and motels to establish reduced parking through submittal and City review of a parking study. This project requires 36 parking spaces and provides 36 parking spaces per the parking study (with the addendum) prepared by the applicant and reviewed by the City with a Conditional Use Permit. The parking study (with the addendum) utilizes the Urban Land Institute (ULI) methodology which is an industry standard in assessing the parking demand for uses and employees and appropriate levels of parking reductions based on the Parking Management Plan (PMP). The analysis also estimates the potential parking needs for the project and compares peak demand against the proposed supply to identify the number of parking spaces required for the project. The study evaluates the PMP, queuing, and circulation, to assess the operations and capacity for the project. The study was reviewed by Staff and the City’s third-party parking consultant, Kimley Horn, to assess the study and evaluate the justification for the reduced parking requirement and concluded the parking study justifies the Project’s proposed on-site parking supply of 36 spaces with the implementation of the PMP and Valet 23 Resolution No. 24-158 Page 8
Service Plan for the project. Additionally, the use of the roof deck does not increase parking because it is only accessible to hotel guests and condition of approval 7.19 specifies that the basement area shall only be booked for use by hotel guests, with the exception of when the space would be utilized for a special event, such as a meeting or conference, in which case the total guest count may not exceed the total restaurant seating limitation as addressed within Condition of Approval 4.15; and

2. The project complies with the maximum allowed height of 33 feet with the Zoning Code-permitted height increases for the elevator towers (Minor Conditional Use Permit) and architectural projections (Conditional Use Permit), which enhance the architecture of the project with decorative elements that are centrally located on the roof to reduce the massing and apparent height; and

3. The proposed buildings and structures meet setbacks of the zone; and

4. The project proposes a FAR of .85, where 1.00 is the maximum; and

5. The project proposes a lot coverage of 67.9 percent where 100 percent is the maximum.

C. 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:

1. The project is proposed entirely within the property; and

2. All required parking for the project is provided on site and creates room for two new public parking spaces on Avenida Del Mar; and

3. The trash enclosure is fully enclosed and serviced from Avenida Granada; and

4. Pedestrian connectivity in the neighborhood is improved with the construction of a sidewalk that connects Avenida Granada and Avenida Del Mar; and

5. Public views to the historic resource and character defining features are enhanced with the remodel to the historic resource’s 1980s addition; and

6. The project is conditioned to limit amplified music to indoors only and after 10:00 pm, all windows and doors must remain closed. Additionally, the project must comply with the City’s Noise Ordinance; and

7. The manufacturer specifications for the vehicle lifts operate with an average operational decibel level of 50db(A), which is below the Noise Ordinance allowed decibel level of 65 db(A) (depending on the ambient 24 Resolution No. 24-158 Page 9
noise). Condition of approval 5.11 is added to the project, which requires that prior to final inspection and before commencing operations, if the vehicle lifts result in an increase in the noise levels that exceed the Noise Ordinance’s allowed levels, the applicant shall incorporate sound dampening measures to the lifts to bring the levels into compliance; and

8. To reduce the noise generated from the valet operations and vehicle lifts in the Granada garage, condition of approval 4.5 is included to require the installation of noise dampening material to the interior walls of the garage to reduce and absorb noise; and

9. To mask the noise generated by the operations of the project, condition of approval 4.6 requires the building plans to include the placement of a fountain (or similar noise masking feature) along the Avenida Granada frontage to mask the noise of the business operations. The final fountain location and design shall be subject to the approval of the City Planner; and

10.The roof deck is designed with a wall for the area closest to Avenida Granada to contain noise generated by guests.

11.The proposed uses are compatible with the General Plan and Coastal Land Use Plan as visitor-serving uses.

D. The proposed project is in character and compatible with the properties in the neighborhood, in that:

1. The project consists of Spanish Colonial Revival architecture, landscaping, and site design, consistent with the building’s historical style and in an architectural style that highlights the character of the City’s early development as the “Spanish Village-by-the-Sea”, which includes the downtown. Additionally, the project includes the rehabilitation of the existing two-story historic resource, and construction of two buildings at two stories high, on a property that faces residential and mixed-use areas, each with buildings that range from one to two stories high. Building mass is reduced by placing a second-floor deck at the north eastern end of the building and a centrally located courtyard as part of the Del Mar building for restaurant seating, which helps maintain a pedestrian scale from Del Mar and activate the sidewalk in front of the project; and

2. The proposed hotel and restaurant contribute to the mix of services within the downtown, including other restaurants and overnight accommodations, and supporting uses such as ice cream and retail shops; and

3. Privacy is provided to the neighboring property to the northeast with a 13.5 foot setback and no balconies are proposed along this elevation.

E. The proposed project is in conformance with the Secretary of the Interior’s 25 Resolution No. 24-158 Page 10
Standards for the Treatment of Historic Properties and City’s Design Guidelines to substantially further the City’s goals of historic preservation, in that:

1. The Historical Resource Analysis Report (HRAR) for the project was peer reviewed by the City’s third-party historic preservation consultant, GPA Consulting. The HRAR provided a thorough analysis on the Secretary of the Interior’s Standards for Rehabilitation, and concluded that the project is consistent with Standards 1-10; and

2. The project will result in the adaptive reuse of the two-story historic resource from a real estate office use to a hotel and restaurant use, and will accommodate three of the 28 lodging units; and

3. The project remodels the 1980s-era addition to the historic resource to improve its historical consistency, architectural design, and compatibility.

The modifications will open views to historic character-defining features visible from the Del Mar right-of-way; and

4. The rehabilitation work on the historic resource building uses documentary evidence, in compliance with the Secretary of the Interior’s Standards to implement historically accurate improvements; and

5. The uses and functions of the proposed project are spread out throughout the site into separate buildings and spaces. The two-story detached buildings have articulation that help break up mass through the use of varied architectural elements such as different roof styles, a chimney, vertically oriented windows and doors, balconies, patios, wrought iron features, and outdoor light fixtures; and

6. The project demonstrates consistency with architectural guidelines outlined in the Henry Lenny Design Guidelines, related to, but not limited to, scale and mass, roofing, walls, architectural accessories, lighting, and landscape; and

7. The project site’s historical integrity includes the Spanish Colonial Revival architectural style seen on the existing building and other outdoor elements/ structures. The proposed development is in line with the Spanish Colonial Revival architectural style. However, it is proposed in a manner that differs from the original building, and does not replicate the original building, through the application of modern elements such as the roof, stucco, windows, decorative tiles, and window and door openings. The project design is consistent with Design Guideline IV.E.1., which states, “new developments which are built on designated historic sites or additions to older buildings of substantial historic character should be respectful of the historic building or site. While not mimicking the older structure, the development should consider the compatibility of size, form, scale, materials, details, textures, colors, and landscape features.” 26 Resolution No. 24-158 Page 11
F. The proposed project preserves to the extent feasible the character-defining features, in that:

1. The project will result in the adaptive reuse of the two-story historic resource from a real estate office use to a hotel and restaurant use, and will accommodate three of the 28 lodging units; and

2. The project also consists of rehabilitation work on the historic resource’s stairs, windows, doors, and round column using documentary evidence, in compliance with the Secretary of the Interior’s Standards to implement historically accurate improvements; and

3. The 1980s-era addition at the front of the historic resource is proposed to be modified to a design that improve its Spanish Colonial Revival Design, is more compatible with the historic resource, and the roof and size will be reduced to provide visibility of the character-defining features of the structure including the round column, stairs, and second floor railing.

G. The proposed project complies with the purpose and intent of the Architectural Overlay District, in that:

2. The project includes the rehabilitation of the existing two-story historic resource, and construction of two buildings at two stories high, on a property that faces Avenida Del Mar and Avenida Granada. Building mass has been reduced by placing a second-floor deck at the north eastern end of the building and a centrally located courtyard as part of the Del Mar building for restaurant seating, which helps maintain a pedestrian scale from Del Mar. The Granada building is setback four feet six inches from the property line and incorporates stairs to the second level and arched openings for the vehicle court to maintain a pedestrian scale; and

3. Within the project site, the existing building and the two detached buildings are separated and surrounded by pedestrian pathways, garden features, and patio amenities that promote pedestrian movement. The project also connects pedestrians from Avenida Granada to Avenida Del Mar with a public pedestrian walkway; and

4. The project follows basic principles of Spanish Colonial Revival outdoor spaces, and courtyards with outdoor restaurant seating, that allow guests to enjoy the site and downtown village experience. The project facilitates enjoyment of the climate through the common, open and uncovered, areas, private patios, decks, and the roof deck provided will create views of the downtown and ocean; and
27 Resolution No. 24-158 Page 12

5. The project site’s historical integrity includes the Spanish Colonial Revival architectural style seen on the existing building and other outdoor elements/structures. The proposed development is in line with the Spanish Colonial Revival architectural style. However, it is proposed in a manner that differs from the original building, and does not replicate the original building, through the application of modern elements such as the roof, stucco, windows, decorative tiles, and window and door openings. The project modifies the non-compatible 1980s-era addition to the historic resource by modifying the addition with a new lower roof design and reducing the footprint of the structure to provide visibility to character defining features like the stairs and circular column and the second level deck.

H. The proposed project/use preserves and strengthens the pedestrian-orientation of the district and/or San Clemente’s historic identity as a Spanish village, in that:

2. The project incorporates a courtyard with outdoor restaurant seating as part of the Del Mar building which helps maintain a pedestrian scale from Del Mar and activate the sidewalk in front of the project to strengthen the pedestrian orientation of the project; and

3. The project includes the rehabilitation of the existing two-story historic resource, and construction of two buildings at two stories high, on a property that faces Avenida Del Mar and Avenida Granada. Building mass has been reduced by placing a second-floor deck at the north eastern end of the building and a centrally located courtyard as part of the Del Mar building for restaurant seating, which helps maintain a pedestrian scale from Del Mar. The Granada building is setback four feet six inches from the property line and incorporates stairs to the second level and arched openings for the vehicle court to maintain a pedestrian scale; and

4. Within the project site, the existing building and the two new buildings are separated and surrounded by pedestrian pathways, garden features, and patio amenities that promote pedestrian movement. The project also connects pedestrians, via walking path from Avenida Granada to Avenida Del Mar; and

5. The project site’s historical integrity includes the Spanish Colonial Revival architectural style seen on the existing building and other outdoor elements/structures. The proposed development is in line with the Spanish Colonial Revival architectural style. However, it is proposed in a manner that differs from the original building, and does not replicate the original 28 Resolution No. 24-158 Page 13
building, through the application of modern elements such as the roof, stucco, windows, decorative tiles, and window and door openings. The project modifies the non-compatible 1980s-era addition to the historic resource by modifying the addition with a new lower roof design and reducing the footprint of the structure to provide visibility to historic character-defining features like the stairs and circular column and the second level deck.

Section 4. Development Permit Findings
With respect to Development Permit (DP) 24-258, the City Council finds as follows:

A. The proposed project is consistent with the General Plan, in that:

1. The project consists of Spanish Colonial Revival architecture, landscaping, and site design, in line with the architectural style that highlights the character of the City’s early development as the “Spanish Village-by-theSea”, which includes the downtown. Additionally, the project includes the rehabilitation of the existing two-story commercial historic resource, and construction of two detached buildings at two stories high (Del Mar building with a basement), on a property that faces commercial buildings along Del Mar and a residential building along Avenida Granada with buildings ranging from one to two stories high. Building mass has been reduced by placing a second floor deck at the north eastern end of the building and a centrally located courtyard as part of the Del Mar building for restaurant seating, which helps maintain a pedestrian scale from Del Mar, consistent with General Plan Policy LU-2.01-Quality, which states, “We require that new development protect community character by providing architecture, landscaping and urban design of equal or greater quality than surrounding development, and by respecting the architectural character and scale of adjacent buildings”; and

2. The project has been designed and conditioned to reduce impacts on neighboring residential properties, by incorporating the following: 1) the required trash enclosure is proposed in the first floor parking area of the Grandad building to reduce negative noise and odor impacts; 2) all required parking is provided on site; 3) All of the parking for the Hotel and Restaurant project will be conditioned to be valet and the use of the parking lifts will be for guests staying for longer periods to allow the most efficient use of the parking program for the project; 4) the project has a Parking Management plan and Valet Operations Plan to ensure that all vehicles would be parked on site and there will not be any queuing of vehicles in the street; and 5) the two new buildings with the courtyard along Avenida Del Mar, and the rehabilitation of the historic resource with the modifications to the 1980s addition maintain an appropriate spatial relationship between project elements themselves and neighboring buildings which maintains adequate light exposure; 6) the project is 29 Resolution No. 24-158 Page 14
conditioned to limit amplified music to indoors only and after 10:00 pm, all windows and doors must remain closed. Additionally, the project must comply with the City’s Noise Ordinance, consistent with General Plan Policy, LU-2.03-Neighborhood Compatibility, which states “We require that commercial projects abutting residential neighborhoods be designed and operated to protect residents from the effects of noise, light, odors, vibration, traffic, parking and other operational impacts.”; and 7) the project incorporates several conditions to ensure the project complies with the Noise Ordinance; and

4. The project includes the rehabilitation of the existing two-story historic resource, and construction of two additional buildings at two stories high, on a property that faces a residential and commercial neighborhood.

Building mass has been reduced by placing a courtyard and covered second floor deck along the Del Mar frontage with a compatible setback from the adjacent residential development, consistent with General Plan Policy UD-5.10-Scale and Massing, which states “We require that the scale and massing of development be compatible with its surroundings and with the General Plan, applicable specific plan and or area plan.”; and

The project also consists of remodeling the 1980s-era addition to the historic resource to highlight its historical architectural design and make the historical, character-defining features of the original building visible from the Del Mar right-of-way. Additionally, rehabilitation work on the historic resource building is using documentary evidence, in compliance with the Secretary of the Interior’s Standards, consistent with General Plan Policy HP-2.04-Adaptive Reuse, which states, “We encourage adaptive 30 Resolution No. 24-158 Page 15
reuse of historic resources to preserve them and prevent architecturally inappropriate changes, disrepair and demolition.” The project is consistent with the Mello Act. State law requires that no “Protected Residential Units” be demolished without being replaced in comparable size within the development or elsewhere in the City. The applicant has obtained the necessary information to determine the existing duplex within the property at 232 Avenida Granada are not protected units; therefore, the project is not subject to the state’s housing protection laws for replacement housing; and

7. The project was analyzed against the Secretary of the Interior’s Standards (Standards) for Rehabilitation, and it was determined that the proposed work conforms with the Standards, as demonstrated in the project’s Historical Resource Analysis Report (HRAR), consistent with General Plan Policy HP-2.05-State and Federal Standards, which states, “We ensure projects follow the Secretary of Interior Standards for the Treatment of Historic Properties and standards and guidelines as prescribed by the State Office of Historic Preservation for any listed historic resources or properties eligible for historic listing.”; and

8. Within the project site, the existing building and the two new buildings are separated and surrounded by pedestrian pathways, garden features, and patio amenities that promote pedestrian movement. The project also connects pedestrians, via a pedestrian walkway from Avenida Granada to Avenida Del Mar and provides bikes and incentivizes the use of the bikes to guests and employees with the adjacent bike route as identified in the Pedestrian and Bicycle Master Plan along Calle Seville, consistent with General Plan Policy M-2.50-Pedestrian Connectivity, which states, “We require development projects and site plans to be designed to encourage pedestrian connectivity among buildings within a site, while linking buildings to the public bicycle and pedestrian network.”; and

9. The project will construct a public walkway which connects Avenida Granada and Avenida Del Mar consistent with General Plan Policy BPR6.04-Interconnected Neighborhoods, which states, “Neighborhoods should be interconnected with safe, well-designed and maintained walking and biking trails, sidewalks, consistent with the City’s Bicycle and Pedestrian Master Plan”; and

10.The project was reviewed by the Cultural Heritage Subcommittee (CHSC) on two occasions. The review of the project by the CHSC resulted in differentiation of the new buildings from the historic resource, and modifications to the 1980s-era addition to the historic resource to ensure consistency with historical styles and to improve the views from the street of the historic character-defining features of the historic resource, improving the project’s compatibility with adjacent development, consistent with General Plan Policy C-3.04-Development Review, which states, “We review and require changes to development proposals, as needed, to 31 Resolution No. 24-158 Page 16
minimize obstructions of designated significant public views and designated scenic view corridors, and to ensure public and private development projects in the Coastal Zone are of high-quality materials and designed to be attractive and aesthetically compatible with adjacent structures, site improvements, utilities and landscape features, as further described in the Urban Design Element.” Additionally, there are no View Corridors identified in the Natural Resources Element of the City’s General Plan or the Coastal Land Use Plan near the subject property and no private views are protected; and

Additionally, the project must comply with the City’s Noise Ordinance consistent with General Plan Policy ED-4.01, which states, “Avenida Del Mar/T-Zone. We require initiatives, investments, and development approvals for the Avenida Del Mar and T-Zone area to contribute to our vision of the area as an amenity-rich, multi-modal, mixed-use district that emphasizes the pedestrian experience. This district is characterized by its historic resources and is one of San Clemente’s specialty retail and entertainment destinations, serving residents and visitors.” B. The proposed project complies with zoning regulations, in that:

1. The project requires 36 parking spaces, and the project provides 36 parking spaces per the parking study prepared by the applicant and reviewed by the City with a Conditional Use Permit. The parking study (with the addendum) utilizes the Urban Land Institute (ULI) methodology which is an industry standard in assessing the parking demand for uses including employees and appropriate levels of parking reductions based on the Parking Management Plan (PMP). The analysis also estimates the potential parking needs for the project and compares peak demand against the proposed supply to identify the number of parking spaces required for the project. The study evaluates the PMP, queuing, and circulation, to assess the operations and capacity for the project. The study was reviewed by Staff and the City’s third-party parking consultant, Kimley Horn, to assess the study and evaluate the justification for the reduced parking requirement and concluded the parking study justifies the Project’s proposed on-site parking supply of 36 spaces with the implementation of the PMP and Valet Service Plan for the project. Additionally, the use of the roof deck does not increase parking because it is only accessible to hotel guests and condition of approval 7.19 specifies that the basement area shall only be booked for use by hotel guests, with the exception of when the space would be utilized for a special event, such as a meeting or conference, in which case the total guest count may not exceed the total 32 Resolution No. 24-158 Page 17
restaurant seating limitation as addressed within Condition of Approval

4.15; and

2. The project complies with the maximum allowed height of 33 feet with the allowed height increases for the elevator towers (Minor Conditional Use Permit) and architectural projections (Conditional Use Permit) that enhance the architecture of the project with decorative elements that are centrally located on the roof to reduce the massing an apparent height; and

3. The proposed buildings and structures meet setbacks; and

4. The project proposes a FAR of .85, where 1.00 is the maximum; and

5. The project proposes a lot coverage of 67.9 percent where 100 percent is the maximum.

C. The proposed project is consistent with the City's Design Guidelines in that:

1. The project follows basic principles of Spanish Colonial Revival outdoor spaces, or courtyards, that allow guests to enjoy the site; and

2. The uses and functions of the proposed project are spread out throughout the site into separate buildings and spaces. The two-story detached buildings have articulation that help break up mass through the use of varied architectural elements such as different roof styles, a chimney, vertically oriented windows and doors, balconies, patios, wrought iron features, and outdoor light fixtures. Surrounding landscaping also further reduces apparent mass, consistent with Design Guideline Section IIC(3)(b) by reducing the perceived height and bulk of large structures by dividing the building mass into smaller components; and

3. The project demonstrates consistency with architectural guidelines outlined in the Henry Lenny Design Guidelines, related to, but not limited to, scale and mass, roofing, walls, architectural accessories, lighting, and landscape; and

4. The project site’s historical integrity includes the Spanish Colonial Revival architectural style seen on the existing building and other outdoor elements/ structures. The proposed development is in line with the Spanish Colonial Revival architectural style. However, it is proposed in a manner that differs from the original building, and does not replicate the original building, through the application of modern elements such as the roof, stucco, windows, decorative tiles, and window and door openings. The development was purposely designed to include a courtyard centrally located in the Avenida Del Mar building to break up the building and illustrate that the site has been developed overtime with newer structures that incorporate the historic resource without detracting from it, consistent 33 Resolution No. 24-158 Page 18
with Design Guideline IV.E.1., which states, “new developments which are built on designated historic sites or additions to older buildings of substantial historic character should be respectful of the historic building or site. While not mimicking the older structure, the development should consider the compatibility of size, form, scale, materials, details, textures, colors, and landscape features.”
D. 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:

1. The project is proposed entirely within the property; and

2. All required parking for the project is provided on site; and

3. The trash enclosure is fully enclosed and serviced from Avenida Granada; and

4. Pedestrian connectivity in the neighborhood is improved with the construction of a sidewalk that connects Avenida Granada and Avenida Del Mar; and

5. Public views to the historic resource are created with the remodel to the historic resource’s 1980s addition; and

7. The proposed hotel and restaurant uses are compatible with the General Plan and Coastal Land Use Plan as visitor-serving uses; and

8. The manufacturer specifications for the vehicle lifts operate with an average operational decibel level of 50db(A), which is below the Noise Ordinance allowed decibel level of 65 db(A) (depending on the ambient noise). Condition of approval 5.11 is added to the project, which requires that prior to final inspection and before commencing operations, if the vehicle lifts result in an increase in the noise levels that exceed the Noise Ordinance’s allowed levels, the applicant shall incorporate sound dampening measures to the lifts to bring the levels into compliance; and

9. To reduce the noise generated from the valet operations and vehicle lifts in the Granada garage, condition of approval 4.5 is included to require the installation of noise dampening material to the interior walls of the garage to reduce and absorb noise; and

10.To mask the noise generated by the operations of the project, condition of approval 4.6 requires the building plans to include the placement of a 34 Resolution No. 24-158 Page 19
fountain (or similar noise masking feature) along the Avenida Granada frontage to mask the noise of the business operations. The final fountain location and design shall be subject to the approval of the City Planner; and

11.There are no View Corridors identified in the Natural Resources Element of the City’s General Plan or the Coastal Land Use Plan near the subject property and no private view are protected.

E. The proposed project is in character and compatible with the properties in the neighborhood, in that:

1. The project consists of Spanish Colonial Revival architecture, landscaping, and site design, consistent with the architectural style that highlights the character of the City’s early development as the “Spanish Village-by-theSea”, which includes the downtown. Additionally, the project includes the rehabilitation of the existing two-story historic resource, and construction of two additional buildings at two stories high, on a property that faces residential and mixed-use areas, each with buildings that range from one to two stories high. Building mass has been reduced by placing a secondfloor deck at the north eastern end of the building and a centrally located courtyard as part of the Avenida Del Mar building for restaurant seating, which helps maintain a pedestrian scale from Avenida Del Mar; and

3. The roof deck is designed with a wall for the area closest to Avenida Granada to contain noise generated by guests; and

4. Privacy is provided to the neighboring property to the northeast with a 13.5 foot setback and no balconies are proposed along this elevation.

F. The proposed project complies with the purpose and intent of the Architectural Overlay District, in that:

2. The project includes the rehabilitation of the existing two-story historic resource, and construction of two buildings at two stories high, on a property that faces Avenida Del Mar and Avenida Granada. Building mass has been reduced by placing a second-floor deck at the north eastern end 35 Resolution No. 24-158 Page 20
of the building and a centrally located courtyard as part of the Avenida Del Mar building for restaurant seating, which helps maintain a pedestrian scale from Avenida Del Mar. The Avenida Granada building is setback four feet six inches from the property line and incorporates stairs to the second level and arched openings for the vehicle court to maintain a pedestrian scale; and

3. The project follows basic principles of Spanish Colonial Revival outdoor spaces, and courtyards, that allow guests to enjoy the site and downtown village experience. The project facilitates enjoyment of the climate through the common, open and uncovered, areas, private patios, decks, and the roof deck provided will create views of the downtown and ocean; and

4. The project site’s historical integrity includes the Spanish Colonial Revival architectural style seen on the historic building and other outdoor elements/structures. The proposed development is in line with the Spanish Colonial Revival architectural style. However, it is proposed in a manner that differs from the original building, and does not replicate the original building, through the application of modern elements such as the roof, stucco, windows, decorative tiles, and window and door openings. The project modifies the non-compatible 1980s-era addition to the historic resource by modifying the addition with a new lower roof design and reducing the footprint of the structure to provide visibility to character defining features like the stairs and circular column and the second level deck.

G. The proposed project/use preserves and strengthens the pedestrian-orientation of the district and/or San Clemente's historic identity as a Spanish village, in that:

2. The project includes the rehabilitation of the existing two-story historic resource, and construction of two additional buildings at two stories high, on a property that faces Avenida Del Mar and Avenida Granada. Building mass has been reduced by placing a second-floor deck at the north eastern end of the building and a centrally located courtyard as part of the Avenida Del Mar building for restaurant seating, which helps maintain a pedestrian scale from Avenida Del Mar. The Avenida Granada building is setback four feet six inches from the property line and incorporates stairs to the second level and arched openings for the vehicle court to maintain a pedestrian scale; and

3. Within the project site, the existing building and the two buildings are separated and surrounded by pedestrian pathways, garden features, and patio amenities that promote pedestrian movement. The project also 36 Resolution No. 24-158 Page 21
connects pedestrians, via walking path from Avenida Granada to Avenida Del Mar; and

4. A courtyard is incorporated into the Avenida Del Mar building along the sidewalk for restaurant seating, which helps maintain a pedestrian scale from Avenida Del Mar and activate the sidewalk which enhance the pedestrian orientation of the project; and

H. The proposed project will not have negative visual or physical impacts upon the historic structure, in that:

1. The project repurposes the historic resource from a real estate office use to a hotel and restaurant. The existing two-story building will be converted from a real estate office use to a hotel and restaurant use, and will accommodate three of the 28 lodging units. The connection to new development occurs on a secondary elevation with no character defining features; and

2. The project remodels the 1980s-era addition to the historic resource to improve its architectural design and would open views to character defining features visible from the Avenida Del Mar right-of-way; and

3. The rehabilitation work on the historic resource building uses documentary evidence, in compliance with the Secretary of the Interior’s Standards, to ensure historically accurate improvements; and

4. The historic resource that is across the street from the project at 228 Avenida Del Mar will not be negatively impacted by the project as the new structures are limited to 33 feet and incorporate a courtyard to reduce the massing of the project; and

5. The Historical Resource Analysis Report (HRAR) for the project provided a thorough analysis on the Secretary of the Interior’s Standards for Rehabilitation, and concluded that the project is consistent with standards 37 Resolution No. 24-158 Page 22
1-10; and

6. The uses and functions of the proposed project are spread out throughout the site into separate buildings and spaces. The two-story detached buildings have articulation that help break up mass through the use of varied architectural elements such as different roof styles, a chimney, vertically oriented windows and doors, balconies, patios, wrought iron features, and outdoor light fixtures. Surrounding landscaping also further reduces apparent mass of the new buildings; and

7. The project demonstrates consistency with architectural guidelines outlined in the Henry Lenny Design Guidelines, related to, but not limited to, scale and mass, roofing, walls, architectural accessories, lighting, and landscape; and

8. The project site’s historical integrity includes the Spanish Colonial Revival architectural style seen on the historic building and other outdoor elements/ structures. The proposed development is in line with the Spanish Colonial Revival architectural style. However, it is proposed in a manner that differs from the original building, and does not replicate the original building, through the application of modern elements such as the roof, stucco, windows, decorative tiles, and window and door openings consistent with Design Guideline IV.E.1., which states, “new developments which are built on designated historic sites or additions to older buildings of substantial historic character should be respectful of the historic building or site. While not mimicking the older structure, the development should consider the compatibility of size, form, scale, materials, details, textures, colors, and landscape features.”
Section 5. Conditional Use Permit Findings
With respect to Conditional Use Permit (CUP) 23-264, the City Council finds as follows:

A. The proposed use is permitted within the subject zone pursuant to the approval of a Conditional Use Permit and complies with all applicable provisions of this title, the San Clemente General Plan and the purpose and intent of the zone in which the use is being proposed, in that:

1. The proposed hotel and restaurant use with outdoor seating, with the service of full alcohol and amplified music is consistent with the City’s Downtown Visitor Service District is consistent with General Plan Policy; ED-4.01, which states, “Avenida Del Mar/T-Zone. We require initiatives, investments, and development approvals for the Avenida Del Mar and TZone area to contribute to our vision of the area as an amenity-rich, multimodal, mixed-use district that emphasizes the pedestrian experience. This district is characterized by its historic resources and is one of San 38 Resolution No. 24-158 Page 23
Clemente’s specialty retail and entertainment destinations, serving residents and visitors.”; and

2. The hotel and restaurant uses proposed are prioritized in this area to contribute to the vitality of the downtown and create visitor services uses and amenities in the downtown, consistent with General Plan Policy LU11.02, which states, “Land Uses. We prioritize and guide land uses, particularly retail uses, to the locations identified in the Del Mar/T-Zone Mixed Use Guide and consistent with the Land Use Plan and Zoning Ordinance”; and

3. The outdoor dining in the courtyard of the Avenida Del Mar Building will engage the use with the street and create an enhanced pedestrian experience, consistent with General Plan Policy LU-11.04, which states, “Outdoor Dining. We encourage the development of outdoor dining and other similar uses which do not impede pedestrian use of the sidewalks.”; and

4. The project will create a restaurant and hotel with a roof deck that will provide for tourism in the downtown for overnight stay and day-trips, consistent with General Plan Policy ED-3.02. “Year-round Tourism. In City Council decisions, initiatives, investments, and development approvals, we give equal priority to programs and projects that promote consistent yearround overnight tourism, as well as to programs and projects that promote seasonal or day-trip tourism.”; and

5. The project has been designed and conditioned to reduce potential impacts on neighboring residential properties, by incorporating the following: 1) the required trash enclosure is proposed at the ground level of the existing building off Avenida Granada to reduce negative noise and odor impacts; 2) all required parking is provided on site; 3) the main entrance to the project site is off Avenida Granada; and 4) the two new buildings, rehabilitation of the historic resource an appropriate spatial relationship between project elements themselves and neighboring buildings which maintains adequate light exposure;

6. The project must comply with the City’s Noise Ordinance consistent with General Plan Policy, LU-2.03-Neighborhood Compatibility, which states “We require that commercial projects abutting residential neighborhoods be designed and operated to protect residents from the effects of noise, light, odors, vibration, traffic, parking and other operational impacts.” To address noise specifically 1) the City obtained the manufacturer specifications for the vehicle lifts operate with an average operational decibel level of 50db(A), which is below the Noise Ordinance allowed decibel level of 65 db(A) (depending on the ambient noise). Condition of approval 5.11 is added to the project, which requires that prior to final inspection and before commencing operations, if the vehicle lifts result in an increase in the noise levels that exceed the Noise Ordinance’s allowed 39 Resolution No. 24-158 Page 24
levels, the applicant shall incorporate sound dampening measures to the lifts to bring the levels into compliance, 2) to reduce the noise generated from the valet operations and vehicle lifts in the Granada garage, condition of approval 4.5 is included to require the installation of noise dampening material to the interior walls of the garage to reduce and absorb noise, 3) to mask the noise generated by the operations of the project, condition of approval 4.6 requires the building plans to include the placement of a fountain (or similar noise masking feature) along the Avenida Granada frontage to mask the noise of the business operations. The final fountain location and design shall be subject to the approval of the City Planner, and 4) the roof deck will be limited to only hotel guest and closes at 10:00 pm; and

7. The project consists of visitor-serving uses such as a hotel and public restaurant, designed to offer visitors opportunities for enjoyment of the historical site and other nearby coastal resources, such as the ocean and pier, consistent with General Plan Policy LU-12.02- Infill Development, which states “We accommodate development that is compatible with coastal-oriented and community-serving commercial uses (including overnight accommodations), mixed residential and commercial uses, residential uses, and public recreational uses whose function or scale are compatible with the area’s recreational character.”; and

8. The project includes the rehabilitation of the existing two-story building, and construction of two detached buildings at two stories high, on a property that faces a residential and commercial neighborhood, each with buildings ranging from one to four stories high. Building mass has been reduced by placing the two detached two-story buildings at the rear of the property with a compatible setback from the adjacent residential development, consistent with General Plan Policy UD-5.10-Scale and Massing, which states, “We require that the scale and massing of development be compatible with its surroundings and with the General Plan, applicable specific plan and or area plan.”; and

9. The project repurposes the site from a commercial use, vacant lot, and duplex to a hotel and restaurant. The existing two-story building will be converted from a real estate office use to a hotel and restaurant use, and will accommodate three of the 28 lodging units. The project also consists of a remodel to the 1980s addition to the historic resource to improve its architectural design and make character defining features visible from the Avenida Del Mar right-of-way. Additionally, rehabilitation work on the historic resource building using documentary evidence, in compliance with the Secretary of the Interior’s Standards, consistent with General Plan Policy HP-2.04-Adaptive Reuse, which states, “We encourage adaptive reuse of historic resources to preserve them and prevent architecturally inappropriate changes, disrepair and demolition.” Mello Act and Housing Accountability Act relating to the conversion of residential units to visitor serving accommodations is not applicable as there are less than three units 40 Resolution No. 24-158 Page 25
on the property and therefore not subject to the Mello Act. State law requires that no “Protected Residential Units” be demolished without being replaced in comparable size within the development or elsewhere in the City. The applicant has obtained the necessary information to determine the existing duplex within the property at 232 Avenida Granada are not protected units; therefore, the project is not subject to the state’s housing protection laws regarding replacement housing; and

10.Analyzed against the Secretary of the Interior’s Standards (Standards) for Rehabilitation, the proposed work is in line with the Standards, as demonstrated in the project’s Historic Resources Technical Report, consistent with General Plan Policy HP-2.05-State and Federal Standards, which states “We ensure projects follow the Secretary of Interior Standards for the Treatment of Historic Properties and standards and guidelines as prescribed by the State Office of Historic Preservation for any listed historic resources or properties eligible for historic listing.”; and

11.Within the project site, the existing building and the two detached buildings are separated and surrounded by pedestrian pathways, garden features, and patio amenities that promote pedestrian movement. The project also connects pedestrians, via stairways, with Avenida Victoria, a street with sidewalks and which has been identified as a bike route by the Bicycle and Pedestrian Master Plan, consistent with General Plan Policy M-2.50- Pedestrian Connectivity, which states: “We require development projects and site plans to be designed to encourage pedestrian connectivity among buildings within a site, while linking buildings to the public bicycle and pedestrian network.”; and

12.The project was reviewed by the Cultural Heritage Subcommittee (CHSC) on two occasions. The review of the project by the CHSC resulted in modifying the design of the 1980s addition to the historic resource to open up public views of the character-defining features of the historic resource including the stairs, round column, and second floor deck, consistent with General Plan Policy C-3.04-Development Review, which states, “We review and require changes to development proposals, as needed, to minimize obstructions of designated significant public views and designated scenic view corridors, and to ensure public and private development projects in the Coastal Zone are of high-quality materials and designed to be attractive and aesthetically compatible with adjacent structures, site improvements, utilities and landscape features, as further described in the Urban Design Element.” Additionally, there are no View Corridors identified in the Natural Resources Element of the City’s General Plan or the Coastal Land Use Plan near the subject property and no private view are protected; and

13.The parking study prepared by the applicant and peer reviewed by the City and its third party parking and traffic consultant Kimley Horn concluded the use of Urban Land Institute (ULI) parking standards and appropriate 41 Resolution No. 24-158 Page 26
reductions based on the Parking Management Plan with the use of valet parking service found that the proposed uses and employees required 36 parking spaces complies with the parking demand for the project and is consistent with General Plan Policy Alternative Parking Strategies M-4.04, “We consider alternative parking strategies that address multi-modal parking needs, improve land use efficiency and enhance environmental quality, such as use of energy-saving/generating features, demand-based parking strategies, stacking, alternative paving, and accommodating multiple uses.”
B. The site is suitable for the type and intensity of use that is proposed, in that:

1. The parking study (with the addendum) utilizes the Urban Land Institute (ULI) methodology which is an industry standard in assessing the parking demand for uses and employees and appropriate levels of parking reductions based on the Parking Management Plan (PMP). The analysis also estimates the potential parking needs for the project and compares peak demand against the proposed supply to identify the number of parking spaces required for the project. The study evaluates the PMP, queuing, and circulation, to assess the operations and capacity for the project. The study was reviewed by Staff and the City’s third-party parking consultant, Kimley Horn, to assess the study and evaluate the justification for the reduced parking requirement and concluded the parking study justifies the project’s proposed on-site parking supply of 36 spaces with the implementation of the PMP and Valet Service Plan for the project.

Conditions of approval 7.12 and 7.13 require the applicant address issues related to parking and circulation if issues arise. Additionally, the use of the roof deck does not increase parking because it is only accessible to hotel guests and condition of approval 7.19 specifies that the basement area shall only be booked for use by hotel guests, with the exception of when the space would be utilized for a special event, such as a meeting or conference, in which case the total guest count may not exceed the total restaurant seating limitation as addressed within Condition of Approval

4.15; and

2. The project remains below the height of the zone, with encroachments allowed through a Conditional Use Permit; and

3. The proposed buildings and structures meet setbacks; and

4. The project proposes a FAR of .85, where 1.00 is the maximum; and

5. The project proposes a lot coverage of 67.9% where 100% is the maximum; and

6. The trash enclosure is fully enclosed and serviced from Avenida Granada in the parking area; and
42 Resolution No. 24-158 Page 27

7. The architectural projections are allowed to exceed the Maximum height of 33 feet in the MU3.0 and 3.3 zoning district with the approval of a Conditional Use permit. The cupola architectural element that is 42 feet tall contributes to the Spanish Colonial Revival design of the project and the requirements of the Architectural Overlay. Additionally, the copper dome and spire architectural feature is centrally located on the roof of the structure and narrow in diameter to limit visual and massing impacts.

C. The proposed use will not be detrimental to the public health, safety, or welfare, or materially injurious to properties and improvements in the vicinity, in that:

1. The project is proposed entirely within the property; and

2. All required parking for the project is provided on site; and

3. The trash enclosure is fully enclosed and serviced from Avenida Granada covered parking area; and

4. Pedestrian connectivity in the neighborhood is improved with the construction of a sidewalk that connects Avenida Del Mar and Avenida Granada; and

5. The proposed uses are compatible with the General Plan and Coastal Land Use Plan as visitor-serving uses. and

7. The project will comply with all Building and Orange County Fire Authority regulations which will be further reviewed during the Building Permitting process; and

8. The roof deck is designed with a wall for the area closest to Avenida Granada to contain noise generated by guests; and

9. Privacy is provided to the neighboring property to the northeast with a 13.5 foot setback and no balconies are proposed along this elevation.

D. The proposed use will not negatively impact surrounding land uses, in that:

1. The project includes the rehabilitation of the existing two-story historic resource, and construction of two buildings at two stories high, on a property that faces a residential and commercial neighborhood. Building mass has been reduced by placing a courtyard and covered second floor deck along the Del Mar frontage with a compatible setback from the adjacent residential development; and
43 Resolution No. 24-158 Page 28

3. All required parking for the project is provided on site with valet service and the parking demand for the hotel and restaurant use was substantiated in the parking study prepared by the applicant and peer reviewed by the City and its third party parking and traffic consultant Kimley Horn concluded the use of Urban Land Institute (ULI) parking standards and appropriate reductions based on the Parking Management Plan with the use of valet parking service found that the required 36 parking spaces satisfies with the parking demand for the project; and

4. The trash enclosure is fully enclosed and serviced from Avenida Granada; and

5. Pedestrian connectivity in the neighborhood is improved with the construction of a sidewalk that connects Avenida Del Mar and Avenida Granada; and

6. The proposed uses are compatible with the General Plan and Coastal Land Use Plan as visitor-serving uses; and

7. The alcohol service is limited to the enclosed areas of the property including the interior restaurant, courtyard, and roof deck. The alcohol service is conditioned to ensure that service does not exceed the specified hours for the restaurant Sunday through Thursday from the hours of 7:00 am to 11:00 pm and Friday and Saturday from 7:00 am to midnight and service for the outdoor patio on Sunday through Thursday from 7:00 am to 10:00 pm and Friday and Saturday from 7:00 am to 11:00 pm. Alcohol service for the roof deck is limited Sunday through Thursday from 8:00 am to 9:00 pm and Friday and Saturday 8:00 am to 10:00 pm. The proposed hours of alcohol service are consistent with other restaurants in the downtown; and

8. The project is conditioned to limit amplified music to indoors only and after 10:00 pm, all windows and doors must remain closed. Additionally, the project must comply with the City’s Noise Ordinance; and

9. The architectural projections are allowed to exceed the Maximum height of 33 feet in the MU3.0 and 3.3 zoning district with the approval of a conditional use permit. The copper dome and spire architectural element that is 42 feet tall contributes to the Spanish Colonial Revival design of the project and the requirements of the Architectural Overlay. Additionally, the architectural feature is centrally located on the roof of the structure and narrow in diameter to limit visual and massing impacts; and 44 Resolution No. 24-158 Page 29

10. The manufacturer specifications for the vehicle lifts operate with an average operational decibel level of 50db(A), which is below the Noise Ordinance allowed decibel level of 65 db(A) (depending on the ambient noise). Condition of approval 5.11 is added to the project, which requires that prior to final inspection and before commencing operations, if the vehicle lifts result in an increase in the noise levels that exceed the Noise Ordinance’s allowed levels, the applicant shall incorporate sound dampening measures to the lifts to bring the levels into compliance; and

11.To reduce the noise generated from the valet operations and vehicle lifts in the Granada garage, condition of approval 4.5 is included to require the installation of noise dampening material to the interior walls of the garage to reduce and absorb noise; and

12.To mask the noise generated by the operations of the project, condition of approval 4.6 requires the building plans to include the placement of a fountain (or similar noise masking feature) along the Avenida Granada frontage to mask the noise of the business operations. The final fountain location and design shall be subject to the approval of the City Planner; and

13.The roof deck is designed with a wall for the area closest to Avenida Granada to contain noise generated by guests; and

14.Privacy is provided to the neighboring property to the northeast with a 13.5 foot setback and no balconies are proposed along this elevation.

E. The use sufficiently generates pedestrian activity to be appropriate in a pedestrian-oriented space, in that:

1. The project includes a 100-seat restaurant, with full range alcohol, amplified music, and outdoor seating will generate pedestrian activity and activate the sidewalk in front of the project to add to the vitality of the downtown; and

2. The 28-room hotel will bring in visitors to the downtown to engage in the downtown walkable environment and bring customers to shop in the downtown.

F. The outdoor dining area contributes to the village/pedestrian ambiance of the City, consistent with the City's General Plan, in that:

1. The project includes a 100-seat restaurant, with full range alcohol, with amplified music, and outdoor seating will generate pedestrian activity and activate the sidewalk in front of the project to add to the vitality of the downtown; and
45 Resolution No. 24-158 Page 30

2. The restaurant’s outdoor courtyard seating proposed with the project brings people to the street level and contributes to the village ambiance of the downtown.

G. The outdoor dining area complies with the standards of SCMC section 17.28.205, in that:

1. The outdoor dining will be located within the courtyard of the Del Mar Building which will be ADA accessible and enclosed by a railing to prevent seating from encroaching into the sidewalk; and

2. The outdoor dining is located along the street frontage, at-grade, and will not encroach into the public or on-site parking areas; and

3. The outdoor seating is at-grade and will not exceed the 33-foot height for the MU3.0/3.3 zones; and

4. The outdoor dining in the courtyard is accessory to the restaurant use which will have the majority (approximately 80 seats) within the interior of the restaurant.

H. Any negative visual, noise, traffic, accessibility, and parking impacts associated with the outdoor dining area have been reduced to an acceptable level, in that:

1. The courtyard seating will close at 10:00 pm on Sunday through Thursday and 11:00 pm Friday through Saturday; and

2. The outdoor seating will be enclosed by a railing to ensure all patrons must enter the building before exiting the property to ensure alcohol beverages are not taken off-site; and

3. The roof deck is designed with a wall for the area closest to Avenida Granada to contain noise generated by guests; and

4. The project is conditioned to limit amplified music to indoors only and after 10:00 pm, all windows and doors must remain closed. Additionally, the project must comply with the City’s Noise Ordinance.

Section 6. Minor Conditional Use Permit Findings.

With respect to Minor Conditional Use Permit (CUP) 24-260, the City Council finds as follows:

A. The proposed use is permitted within the subject zone pursuant to the approval of a Minor Conditional Use Permit and complies with all applicable provisions of this title, the San Clemente General Plan and the purpose and intent of the zone in which the use is being proposed, in that:
46 Resolution No. 24-158 Page 31

1. The project has been designed and conditioned to reduce potential impacts on neighboring residential properties, by incorporating the following: 1) the required trash enclosure is proposed at the ground level of the existing building off Avenida Granada to reduce negative noise and odor impacts; 2) all required parking is provided on site; 3) the main entrance to the project site is off Avenida Granada; 4) the two new buildings, rehabilitation of the historic resource an appropriate spatial relationship between project elements themselves and neighboring buildings which maintains adequate light exposure; 5) the manufacturer specifications for the vehicle lifts operate with an average operational decibel level of 50db(A), which is below the Noise Ordinance allowed decibel level of 65 db(A) (depending on the ambient noise). Condition of approval 5.11 is added to the project, which requires that prior to final inspection and before commencing operations, if the vehicle lifts result in an increase in the noise levels that exceed the Noise Ordinance’s allowed levels, the applicant shall incorporate sound dampening measures to the lifts to bring the levels into compliance; 6) to reduce the noise generated from the valet operations and vehicle lifts in the Granada garage, condition of approval 4.5 is included to require the installation of noise dampening material to the interior walls of the garage to reduce and absorb noise; 7) the roof deck is limited to hotel guests and will close at 9:00 pm Sunday through Thursday and 10:00 pm on Friday and Saturday; and 8) to mask the noise generated by the operations of the project, condition of approval 4.6 requires the building plans to include the placement of a fountain (or similar noise masking feature) along the Avenida Granada frontage to mask the noise of the business operations. The final fountain location and design shall be subject to the approval of the City Planner consistent with General Plan Policy, LU2.03-Neighborhood Compatibility, which states “We require that commercial projects abutting residential neighborhoods be designed and operated to protect residents from the effects of noise, light, odors, vibration, traffic, parking and other operational impacts.” ; and

2. The project consists of visitor-serving uses such as a hotel and public restaurant, designed to offer visitors opportunities for enjoyment of the historical site and other nearby coastal resources, such as the ocean and pier, consistent with General Plan Policy LU-12.02- Infill Development, which states “We accommodate development that is compatible with coastal-oriented and community-serving commercial uses (including overnight accommodations), mixed residential and commercial uses, residential uses, and public recreational uses whose function or scale are compatible with the area’s recreational character.”; and

3. The project includes the rehabilitation of the existing two-story building, and construction of two detached buildings at two stories high, on a property that faces a residential and commercial neighborhood, each with buildings ranging from one to four stories high. Building mass has been reduced by placing the two detached two-story buildings at the rear of the property with 47 Resolution No. 24-158 Page 32
a compatible setback from the adjacent residential development, consistent with General Plan Policy UD-5.10-Scale and Massing, which states “We require that the scale and massing of development be compatible with its surroundings and with the General Plan, applicable specific plan and or area plan.”; and

4. The project was reviewed by the Cultural Heritage Subcommittee (CHSC) on two occasions. The review of the project by the CHSC resulted in modifying the design of the 1980s addition to the historic resource to open up public views to the character defining features of the historic resource including the stairs, round column, and second floor deck, consistent with General Plan Policy C-3.04-Development Review, which states, “We review and require changes to development proposals, as needed, to minimize obstructions of designated significant public views and designated scenic view corridors, and to ensure public and private development projects in the Coastal Zone are of high-quality materials and designed to be attractive and aesthetically compatible with adjacent structures, site improvements, utilities and landscape features, as further described in the Urban Design Element.” Additionally, there are no View Corridors identified in the Natural Resources Element of the City’s General Plan or the Coastal Land Use Plan near the subject property and no private views are protected.

B. The site is suitable for the type and intensity of use that is proposed, in that:

4.15; and
48 Resolution No. 24-158 Page 33

2. The project remains below the height of the zone, with encroachments allowed through a Conditional Use Permit; and

3. The proposed buildings and structures meet setbacks; and

4. The project proposes a FAR of .85, where 1.00 is the maximum; and

5. The project proposes a lot coverage of 67.9 percent where 100 percent is the maximum; and

6. The trash enclosure is fully enclosed and serviced from Avenida Granada in the parking area; and

7. The architectural projections are allowed to exceed the Maximum height of 33 feet in the MU3.0 and 3.3 zoning district with the approval of a Conditional Use permit. The copula architectural element that is 42 feet tall contributes to the Spanish Colonial Revival design of the project and the requirements of the Architectural Overlay. Additionally, the copper dome and spire architectural feature is centrally located on the roof of the structure and narrow in diameter to limit visual and massing impacts.

C. The proposed use will not be detrimental to the public health, safety, or welfare, or materially injurious to properties and improvements in the vicinity, in that:

1. The project is proposed entirely within the property; and

2. All required parking for the project is provided on site; and

3. The trash enclosure is fully enclosed and serviced from Avenida Granada covered parking area; and

4. Pedestrian connectivity in the neighborhood is improved with the construction of a sidewalk that connects Avenida Del Mar and Avenida Granada; and

5. The proposed uses are compatible with the General Plan and Coastal Land Use Plan as visitor-serving uses; and

6. The project is conditioned to require all exterior noise to terminate at 10:00 pm and when amplified music is played after 10:00 pm within the interior of the restaurant, all windows and doors must remain closed. Additionally, the project must comply with the City’s Noise Ordinance; and

7. The project will comply with all Building and Orange County Fire Authority regulations which will be reviewed during the Building Permitting process; and

8. The roof deck is designed with a wall for the area closest to Avenida 49 Resolution No. 24-158 Page 34
Granada to contain noise generated by guests; and

9. Privacy is provided to the neighboring property to the northeast with a 13.5 foot setback and no balconies are proposed along this elevation.

D. The proposed use will not negatively impact surrounding land uses, in that:

1. The project includes the rehabilitation of the existing two-story historic resource, and construction of two additional buildings at two stories high, on a property that faces a residential and commercial neighborhood.

Building mass has been reduced by placing a courtyard and covered second floor deck along the Del Mar frontage with a compatible setback from the adjacent residential development; and

3. The parking study (with the addendum) utilizes the Urban Land Institute (ULI) methodology which is an industry standard in assessing the parking demand for uses and employees and appropriate levels of parking reductions based on the Parking Management Plan (PMP). The analysis also estimates the potential parking needs for the project and compares peak demand against the proposed supply to identify the number of parking spaces required for the project. The study evaluates the PMP, queuing, and circulation, to assess the operations and capacity for the project. The study was reviewed by Staff and the City’s third-party parking consultant, Kimley Horn, to assess the study and evaluate the justification for the reduced parking requirement and concluded the parking study justifies the Project’s proposed on-site parking supply of 36 spaces with the implementation of the PMP and Valet Service Plan for the project.

4.15; and

4. The trash enclosure is fully enclosed and serviced from Avenida Granada; and

5. Pedestrian connectivity in the neighborhood is improved with the construction of a sidewalk that connects Avenida Del Mar and Avenida Granada; and
50 Resolution No. 24-158 Page 35

6. The proposed uses are compatible with the General Plan and Coastal Land Use Plan as visitor-serving uses; and

7. The alcohol service is limited to the enclosed areas of the property including the interior restaurant, courtyard, and roof deck. The alcohol service is conditioned to ensure that service does not exceed the specified hours for the restaurant Sunday through Thursday from the hours of 7:00 am to 11:00 pm and Friday and Saturday from 7:00 am to midnight the and service for the outdoor patio on Sunday through Thursday from 7:00 am to 10:00 pm and Friday and Saturday from 7:00 am to 11:00 pm. Alcohol service for the roof deck is limited Sunday through Thursday from 8:00 am to 9:00 pm and Friday and Saturday 8:00 am to 10:00 pm. The proposed hours of alcohol service are consistent with other restaurants in the downtown; and

9. The architectural projections are allowed to exceed the Maximum height of 33 feet in the MU3.0 and 3.3 zoning district with the approval of a Conditional Use permit. The copula architectural element that is 42 feet tall contributes to the Spanish Colonial Revival design of the project and the requirements of the Architectural Overlay. Additionally, the copper dome and spire architectural feature is centrally located on the roof of the structure and narrow in diameter to limit visual and massing impacts; and

10.The manufacturer specifications for the vehicle lifts operate with an average operational decibel level of 50db(A), which is below the Noise Ordinance allowed decibel level of 65 db(A) (depending on the ambient noise). Condition of approval 5.11 is added to the project, which requires that prior to final inspection and before commencing operations, if the vehicle lifts result in an increase in the noise levels that exceed the Noise Ordinance’s allowed levels, the applicant shall incorporate sound dampening measures to the lifts to bring the levels into compliance; and

13.There are no View Corridors identified in the Natural Resources Element of the City’s General Plan or the Coastal Land Use Plan near the subject property and no private view are protected; and

14.The roof deck is designed with a wall for the area closest to Avenida Granada to contain noise generated by guests; and

15.Privacy is provided to the neighboring property to the northeast with a 13.5 foot setback and no balconies are proposed along this elevation.

E. Given the specific conditions of the site and the adjacent area, the shared parking arrangement will not result in inadequate parking;

1. All of the 36 parking spaces for the project will be available on-site which includes three accessible/ADA parking spaces and 12 spaces on the upper level of parking lifts. In addition to the 36 parking spaces, there would be a designated loading/unloading zone in the Courtyard for deliveries. All of the parking would be paid and serviced by the valet parking service. Eight bicycle parking spaces are also provided within the Courtyard, and additional parking for 12 e-bikes in the hotel basement storage area; and

2. The project will result in the creation of one additional public parking spaces on Avenida Del Mar; and

3. The City already recognizes the shared nature of parking in the CB Overlay, reducing parking standards for certain uses like retail and restaurants; and

4. Avenida Del Mar is served during peak times (weekends and summer) by a free trolley that provides access to other transportation options and amenities; and

5. The parking study (with the addendum) utilizes the Urban Land Institute (ULI) methodology which is an industry standard in assessing the parking demand for uses and employees and appropriate levels of parking reductions based on the Parking Management Plan (PMP). The analysis also estimates the potential parking needs for the project and compares peak demand against the proposed supply to identify the number of parking spaces required for the project. The study evaluates the PMP, queuing, and circulation, to assess the operations and capacity for the project. The study was reviewed by Staff and the City’s third-party parking consultant, Kimley Horn, to assess the study and evaluate the justification for the reduced parking requirement and concluded the parking study justifies the Project’s proposed on-site parking supply of 36 spaces with the implementation of the PMP and Valet Service Plan for the project.

Conditions of approval 7.12 and 7.13 require the applicant address issues related to parking and circulation if issues arise. Additionally, the use of the 52 Resolution No. 24-158 Page 37
roof deck does not increase parking because it is only accessible to hotel guests and condition of approval 7.19 specifies that the basement area shall only be booked for use by hotel guests, with the exception of when the space would be utilized for a special event, such as a meeting or conference, in which case the total guest count may not exceed the total restaurant seating limitation as addressed within Condition of Approval

4.15 B. The number of spaces to be shared has been demonstrated to be physically available (not occupied) for the proposed use(s), during the hours of operation of the proposed use(s)

1. The project will create 36 parking spaces that will be solely available to the project which is inclusive of the restaurant and the hotel; and

2. The applicant commissioned a parking study prepared by LLG that evaluates the actual parking demand for a project. The parking study utilizes the Urban Land Institute methodology that was peer reviewed by the City’s third-party parking consultant, Kimley Horn, concluded the parking study justifies the Project’s proposed on-site parking supply of 36 spaces with the implementation of the PMP and Valet Service Plan for the project, would provide the necessary parking for the project; and Section 7. City Council Approval.

Based on the foregoing recitals and findings, and the written and oral comments, facts, and evidence presented, the City Council hereby approves Cultural Heritage Permit (CHP) 23-263/ Discretionary Permit (DP) 24-258 / Conditional Use Permit (CUP) 23-264/ Minor Conditional Use Permit (MUP) 24-260, Hotel Clemente and Loretta’s Restaurant, subject to the Conditions of Approval set forth in Exhibit A, which is fully incorporated herein.

Section 8.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
53 Resolution No. 24-158 Page 38

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. 24-158 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
54 Resolution No. 24-158

EXHIBIT A

CONDITIONS OF APPROVAL
Public Hearing Project 24-262, Hotel Clemente & Loretta’s Restaurant Cultural Heritage Permit (CHP) 23-263/ Discretionary Permit (DP) 24-258 / Conditional Use Permit (CUP) 23-264/ Minor Conditional Use Permit (MUP) 24-260

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
55 Resolution No. 24-158 Page 2
Exhibit A

1.6 Cultural Heritage Permit (CHP) 23-263/ Discretionary Permit (DP) 24-258 / Conditional Use Permit (CUP) 23-264/ Minor Cultural Heritage Permit (MCHP) 24-260 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

1.7 1.8
Within five business days of project approval, the applicant shall submit to the Planning Division a check made payable to the Orange County Clerk-Recorder in the amount of $50 for filing the CEQA Notice.

The applicant shall pay any outstanding balance for City reviews, such as the WQMP review, and any other deposit account
expenses related to this project.

Planning
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

3.3 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

3.4 The applicant shall submit, and must obtain approval from the City Planner (in cooperation with OCFA), a plan depicting all street names and addresses for all of the buildings and facilities within the project.

Planning
**
Financial Security

3.5 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 Public
Works
56 Resolution No. 24-158 Page 3
Exhibit A
drains; and erosion control. In addition, the applicant 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)
Improvements

3.6 The applicant shall submit, and the City Engineer shall approve, frontage improvement plans. 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:

A. Sidewalk, including construction of compliant sidewalk around drive approach or other obstructions to meet current City standards (2% cross fall) when adequate right-of-way exists. The street right-of-way along the Avenida Granada property frontage is approximately 5 feet behind the curb, therefore a sidewalk easement is anticipated to be required to be granted to the City in order to obtain a 4 foot wide sidewalk around the obstructions. Said sidewalk easement shall be submitted to, and approved by, the City Engineer.

B. Contractor shall replace any damaged street improvements resulting from construction activities to the satisfaction of the City Inspector.
(SCMC Chapter 15.36 and Sections 12.08.010, and

12.24.050)
(SCMC Chapter 15.36 and Sections 12.08.010, and 12.24.050) Public
Works*
NPDES

3.7 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

3.8 The applicant shall demonstrate to the City Engineer that the required NPDES permits have been obtained. (SCMC Chapter

13.40)
Public
Works

3.9 The applicant shall submit, and must obtain approval from the City Engineer, a project binder containing the following documents:

A. If the project is greater than 1 acre, a Notice of Intent (NOI) for coverage under the General Construction Storm Water Permit must be filed with the State Water Resources Control Board Public
Works
57 Resolution No. 24-158 Page 4
Exhibit A

3.10 3.11
(refer to
https://www.waterboards.ca.gov/water_issues/programs/stor mwater/construction.html ) and a copy of the NOI, a WDID number and a copy of the Storm Water Pollution Prevention Plan (SWPPP) must be filed with the City;
B. If the site is determined to be a “Priority Project” (as defined by the San Diego Regional Water Quality Control Board
Municipal Separate Storm Sewer Systems Permit – refer to the following web address at
https://www.waterboards.ca.gov/sandiego/water_issues/progr ams/stormwater/), a final Water Quality Management Plan (WQMP) must be recorded with the Orange County
Recorder’s Office and filed with the City; and
C. If a site is determined to be a “Non-Priority Project,” a final Non-Priority Project Checklist must be filed with the City. (SCMC Chapter 15.36)
Unless approved otherwise by the City Engineer, the developer shall provide evidence of consent from any easement holders for development within easement areas. (SCMC Chapter 15.36) Unless approved otherwise by the City Engineer, the developer shall acknowledge in writing that the development is subject to all State water quality and storm drain discharge permit regulations.

This may include, but is not limited to, elimination of discharges such as subdrain and other non-storm related discharge. Project designs revisions may be required for compliance with such applicable regulations. (SCMC Chapter 15.36)
Public
Works*
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
Coastal Commission Approval

4.2 The applicant shall demonstrate to the City Planner that the project has secured approval from the California Coastal Commission.

Planning
Landscape Plans

4.3 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)
Planning
58 Resolution No. 24-158 Page 5
Exhibit A
Noise

4.4 4.5

4.6 Prior to the issuance of building permits for each structure or tenant improvement, other than a parking structure, the applicant shall submit, and must obtain approval from the City Planner, a final acoustical report. The report shall demonstrate that the development will be sound attenuated against present and projected noise levels including stationary, roadway, aircraft, helicopter, and railroad noise to meet City interior and exterior noise standards. The report shall also provide verification that use of any on-site sound system will comply with the City’s noise ordinance, particularly with reference to db(c) measurements from residential properties. The report shall be accompanied by a list identifying the sheet(s) of the building plans that include required sound attenuation measures.

The interior of the covered parking structure for the Granada building shall have the interior walls and ceiling finished with a sound damping/absorbing material to limit the noise emitting from the covered parking area.

A fountain (or similar noise masking element) shall be placed along the Avenida Granada frontage to mask the noise of the business operations. The final fountain location and design shall be subject to the approval of the City Planner.

Planning
Planning
**
Planning
**
Utilities

4.7 If the project pertains to a Food Service Establishment (FSE), 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.

Utilities

4.8 The applicant shall submit, and must obtain approval from the City Engineer, plans depicting the installation of an approved doubledetector check backflow assembly on any/all fire lines above ground and as near to the point of connection to the potable water system as practical, given functional and aesthetic considerations.

An isolation valve shall be installed on any/all fire lines at the point of connection to the water main. (SCMC Section 13.04.350) Public
Works

4.9 The applicant shall submit, and must obtain approval from the City Engineer, plans depicting the installation of an approved reduced pressure principal backflow assembly on any/all potable water systems, and any/all irrigation systems, above ground, directly after each water meter as practical, and at a minimum height of 12” from the bottom of each assembly to ground level. (SCMC Public
Works
59 Resolution No. 24-158 Page 6
Exhibit A

4.10 Section 13.04.350)
The applicant shall identify the following items on the plans and incorporate the necessary best management practices during the construction process to comply with the Secretary of the Interior’s Standards for Rehabilitation:
1) Sheets H3.1, H3.2, H3.3 annotations and keynotes, at a minimum, shall be added to the project plans:
a) Annotations for every existing and proposed window keyed to a window schedule.
b) Annotations for every existing and proposed door keyed to a door schedule.
c) Annotations for every extant historic feature with keynotes indicating the methods and means for rehabilitation in
accordance with the Standards.
d) Annotations for each missing historic feature to be restored, including the missing wrought iron railing, round column base, glazed ceramic tile risers, and red clay tile treads of the exterior stairs, with keynotes to indicate they will be accurately restored based on historical photographs in
accordance with the Standards.
e) Annotations for every existing, non-character-defining feature to indicate whether they will be retained, removed, or replaced with description of proposed replacement where applicable.
2) Sheet H2.2 · Annotation with keynote to indicate existing chimney will be retained in place and repaired in accordance with the Standards.
i) Prior to the issuance of any building permits related to the Antoinette Apartments, the applicant shall retain a qualified historic preservation professional meeting the Secretary of the Interior’s PQS to review architectural and engineering plans related to alterations and
additions to the existing Antoinette Apartments,
including demolition plans, and detailed schedules for all windows, doors, and finishes. The plans shall be
reviewed by this professional for compliance with the
Standards and Guidelines for Rehabilitating Historic
Buildings. If the plans do not comply with the Standards, the professional shall make recommendations for
Planning
**
60 Resolution No. 24-158 Page 7
Exhibit A
changes to the plans so they comply. The review shall
be summarized in a brief memorandum and submitted
to the City for concurrence. Building permits may be
issued after the City has concurred the 100% plans
comply with the Standards. Project plan review
milestones may include:
ii) 50% completion
iii) 90% completion
iv) 100 % completion
Pre-Construction
1) The applicant shall conduct a training for the construction team to ensure all workers that will be on the site are aware of all character-defining features, their significance, and the methods and means for protection (whether they will be protected in place, repaired, and/or salvaged for reinstallation).
2) If any character-defining features require temporary removal during construction, the applicant shall identify an appropriate climate-controlled and locked storage location for that will prevent damage, vandalism, or theft. The applicant shall also identify an appropriate method to safely transport the features to this location if offsite. A historic preservation professional meeting the Secretary of the Interior’s PQS shall review and confirm the location and transportation information for appropriateness. The review shall be summarized in a brief memorandum and submitted to the City for concurrence.
3) Prior to the commencement of demolition and new
construction, the applicant shall retain a qualified contractor or practitioner experienced with historic buildings and historic building elements to carefully remove any character-defining features proposed for temporary removal from their existing locations.
4) Prior to the commencement of demolition and new
construction, the applicant shall retain a qualified contractor or practitioner experienced with historic buildings and historic building elements to identify and carefully install protective measures, such as vibration monitors, scaffolding, plywood barriers, and plastic sheeting, to prevent or minimize
inadvertent damage from adjacent demolition and construction to all historic fabric that will remain in place.
5) The project applicant shall prepare a Construction Monitoring Plan that identifies specific milestones at which an architectural historian or historic architect meeting the Secretary of the Interior’s PQS would visit the site, observe and document the condition of the historical resource, and monitor the
61 Resolution No. 24-158 Page 8
Exhibit A
construction progress to ensure it is proceeding in a manner consistent with the Standards. Construction monitoring
milestones may include:
a. Pre-Construction
b. Post-Demolition
c. During Construction (mockup reviews, 50%, 90%)
During Construction
1) The applicant shall rehabilitate the Antoinette Apartments according to the Standards.
2) Specifications and mock-ups of all proposed new and
replacement features, finishes, and materials for the Antoinette Apartments shall be submitted to the City and historic
preservation professional meeting the Secretary of the
Interior’s PQS for review and approval prior to installation. 3) If character-defining features on the Antoinette Apartments proposed to be retained and repaired are discovered to be deteriorated beyond repair, they should be replaced in kind using existing features as documentary evidence only after review by the City and a historic preservation professional meeting the Secretary of the Interior’s PQS.
4) Should chemical or physical treatments become necessary, they should be undertaken using the gentlest means possible only after review by the City and a historic preservation professional meeting the Secretary of the Interior’s PQS. No treatments that cause damage to historic materials should be used.

Post Construction
1) Finished rehabilitation shall be reviewed in person by City staff and by a historic preservation professional meeting the Secretary of the Interior’s PQS with demonstrated experience with Standards compliance reviews.
2) If character-defining features proposed to be retained and repaired are discovered to be deteriorated beyond repair, or are inadvertently damaged during construction, the applicant must notify the City and discuss replacement options, which should be in-kind using existing features as documentary evidence.
3) Should chemical or physical treatments become necessary, they should be undertaken using the gentlest means possible.

The gentlest means possible should be determined using test Planning
**
62 Resolution No. 24-158 Page 9
Exhibit A

4.12 4.13

4.14 4.15

4.16 patches in inconspicuous areas. No treatments that cause damage to historic materials should be used.

If any archeological resources are discovered during construction, work should be stopped, and the City should be notified. A qualified archeologist should investigate the situation and determine the best means for protection and preservation before construction continues.

The applicant shall pay any outstanding balance for City reviews, such as the WQMP review, and any other deposit account
expenses related to this project.

Lighting
The applicant shall submit, and must obtain approval from the City Planner and Building Official, a photometric plan confirming compliance with the Lighting Ordinance and Building Code lighting requirements, to prevent light spillage onto the public right-of-way.

The photometric plan shall be completed for the outdoor spaces of the project, and the garage.

Parking
The project shall be limited to 100 restaurant seats. The restaurant seating can be increased up to 130 seats, if one of the following options is implemented:

1. The restaurant seating can be increased by five seats per parking space for off-site parking secured (within 1,000 foot radius for guests and customers) or off-site employee
parking spaces (not subject to 1,000 foot radius) with shuttle transportation (or similar), subject to the City Planner approval once lease agreement is obtained.

2. The restaurant seating can be increased to 130 seats if the City is able to enter into a private parking lot lease
agreement to open the underutilized private lot at 231
Avenida Del Mar and if the project owner/operator enters into an agreement with the City to pay for, or reimburse, rental costs for the parking lot use.

Roof Deck
The design and construction of the roof deck shall include noise reduction surfaces.

Public
Works
Planning
**
Planning
**
Planning
**
Planning
**
63 Resolution No. 24-158 Page 10
Exhibit A

5.0 PRIOR TO FINAL INSPECTION
Engineering

5.1 Prior to acceptance of improvements by the City Engineer, the owner shall submit "as-built" plans prepared by a registered civil engineer for streets, traffic signals, street lights, sewer, water, storm drains, street signs, striping, traffic markings, painted curbs and all other required improvements. (SCMC Chapter 16.28) Public
Works

5.2 The applicant shall demonstrate to the satisfaction of the City Engineer and City Maintenance Manager that all street
improvements have been completed and accepted and that any damage to new or existing street right-of-way during construction has been repaired/replaced. (SCMC Title 12)
Public
Works
Landscaping

5.3 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
Lighting

5.4 The applicant shall submit a photometric plan within the construction documents indicating compliance with the City’s Lighting standards (17.24.130), and a letter from the preparer of the lighting plans confirming that all lighting has been installed in accordance with the approved plans, and that the lighting conforms to all standards set forth in the Municipal Code and to the satisfaction of the City Planner.

Planning*
Surveys

5.5 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

5.6 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
64 Resolution No. 24-158 Page 11
Exhibit A
Architecture

5.7 All exterior details and materials shall be approved by the Planning Division as consistent with the approved project prior to installation.

Planning

5.8 Two-piece clay tile roofing shall be used with booster tiles on the edges and ridges and random mortar packing. The mortar shall be packed on 100 percent of the tiles in the first two rows of tiles and along any rake and ridgeline, and shall be packed on 25 percent of the tiles on the remaining field. Mortar packing shall serve as bird stops at the roof edges. The volume of mortar pack to achieve the appropriate thickness shall be equivalent to a 6-inch diameter sphere of mortar applied to each tile.

Planning

5.9 5.10

5.11 Stucco walls shall consist of ‘steel, hand trowel’ (no machine application), smooth Mission finish and slight undulations (applied during brown coat) and bull-nosed corners and edges, including archways (applied during lathe), with no control/expansion joints.

Prior to final inspection and/or Certificate of Occupancy, the parcels shall be formally merged or approved for a Lot Line Adjustment to the satisfaction of the City Building Official, City Planner, and City Engineer. (SCMC Chapter 15.36)
Prior to Planning final, the applicant shall conduct an on-site noise test to ensure all business operations comply with the Noise Ordinance, including vehicle lifts.

Planning
Public
Works
**
Planning
**

6.0 PRIOR TO RELEASE OF FINANCIAL SECURITY

6.1 All catch basins and/or storm drain inlets shall be stenciled/marked on either the top of the curb or the curb face adjacent to the inlet "NO DUMPING - DRAINS TO OCEAN.” All catch basins shall
have filter basket inserts that capture litter and debris down to 5 mm in size. (SCMC Chapter 13.34)
Utilities

6.2 The waste debris enclosure shall be of appropriate size to accommodate bins for recyclable materials, organic waste (food and landscape trimmings) and trash. For residential projects, all waste bins must be substantially hidden from view from any public street or alley. (SCMC Chapter 8.28)
Utilities

6.3 All water and sewer systems, e.g. pump stations, generators, reservoirs, PRV's, etc., shall be fully tested, in the presence of a representative of the Utilities Department, to verify system Utilities
65 Resolution No. 24-158 Page 12
Exhibit A
performance in accordance with design specifications. (SCMC Section 13.24.120)

7.0 OPERATIONAL CONDITIONS OF APPROVAL
Business License

7.1 A City Discharge Permit must be obtained prior to issuance of a business license or any discharge to the City sanitary sewer system. (SCMC Chapter 13.24)
Utilities

7.2 If the project pertains to commercial, industrial or manufacturing use that may discharge high-strength commercial sewage to the City sanitary sewage system, between five hundred one (501) and nine hundred (900) milligrams of BOD per liter, the applicant shall submit, and must obtain approval from the Utilities Manager, plans that have been approved by the South Orange County Wastewater Authority (SOCWA) Pretreatment Inspector. Upon approval of design a City Discharge Permit must be obtained prior to issuance of a business license or any discharge to the City sanitary sewer system. (SCMC Chapter 13.24)
Utilities

7.3 Storm Drain Markers
The storm drain markers required pursuant to Condition 6.1 shall be maintained in good condition by the applicant.

Public
Works

7.4 Businesses Selling Alcoholic Beverages
The applicant shall limit alcohol service to the times specified in the table below.

Service SundayThursdayFriday-Saturday
Hotel Front Desk 7am-Midnight 7am-Midnight
Restaurant 7am-11pm 7am-Midnight
-Main Restaurant and
Bar (alcohol Service)
7am-11pm 7am-Midnight
-Patio (alcohol
service)
7am-10pm 7am-11pm
Lobby/Restaurant
(indoor) (amplified
music)
Noon-10pm
(indoors)
Noon-midnight
(indoors)
Roof Deck for Hotel
Guests
8am-9pm 8am-10pm
-Food and Beverage
(Alcohol Service)
8am-9pm 8am-10pm
Planning
**
66 Resolution No. 24-158 Page 13
Exhibit A

7.5 7.6

7.7 7.8

7.9 All employees shall receive Responsible Alcoholic Beverage Service training as offered through programs established by the Orange County Health Care Agency and Alcoholic Beverage Control of the State of California. Training shall be provided as soon as practical following the hire date of each employee.

Evidence of such training shall be maintained on-site during business hours, and made available for inspection by any city official upon request. (SCMC Section 17.16.070)
The service and consumption of alcoholic beverages shall only be permitted in conjunction with food service, with the same foods prepared on site. The foods shall be available at all times that alcoholic beverages are being served.

A manager shall be on the premises at all times, and available to respond to issues raised by representatives from the Orange County Sheriff’s Department, Orange County Fire Authority, or City of San Clemente Code Compliance, during the hours of operation when alcohol service, live entertainment, and/or dancing are occurring.

These conditions of approval shall be posted in a conspicuous location clearly visible to employees to ensure they are informed of and adhere to requirements and policies for all operations of the business, including but not limited to any live entertainment, dancing activity, or alcohol service, when applicable.

Amplified Music
The applicant shall limit amplified music to be provided indoors only and according to the hours specified in the table below / following page. If amplified music is played indoors after 10:00 pm all exterior windows and doors shall remain closed. Additionally, the project must comply with the City’s Noise Ordinance.

Service Sunday-Thursday Friday-Saturday
Hotel Front Desk 7am-Midnight 7am-Midnight
Restaurant 7am-11pm 7am-Midnight
-Main Restaurant
and Bar (alcohol
Service)
7am-11pm 7am-Midnight
-Patio (alcohol
service)
7am-10pm 7am-11pm
Lobby/Restaurant
(indoor) (amplified
Noon-10pm
(indoors)
Noon-midnight
(indoors)
Code
Comp
Code
Comp
Code
Comp
Code
Comp
Planning
**
Code
Comp
67 Resolution No. 24-158 Page 14
Exhibit A

7.10 7.11

7.12 7.13
music)
Roof Deck for
Hotel Guests
8am-9pm 8am-10pm
-Food and
Beverage (Alcohol
Service)
8am-9pm 8am-10pm
Storm Water
The Applicant (including any property owners and managers, and their designees) shall ensure that discharge of washwater and other pollutants are prohibited from entering the storm drain system. Applicant must prevent pollutants (e.g. sediment, trash, food waste etc.) and any washwater used during cleanup from entering the storm drain system. (SCMC Chapter 15.36)
The storm drain markers required pursuant to Condition 6.1 shall be maintained in good condition by the applicant.

Parking
The project and business operations are dependent on the valet service and the parameters as established in the project’s approved Traffic Study, Parking Operation Plan, and Parking Management Plan. In order to show that impacts to traffic and surrounding streets are negated and to address any CEQA concerns, unless approved otherwise by the City Engineer, the applicant shall implement all measures of the Traffic Study, Parking Operation Plan, and Parking Management Plan to ensure adequate parking supply and vehicles shall not stack into the public right-of-way. If the City Engineer determines that the parking and drop off/pick up activities are negatively affecting the project site, adjacent properties, or the surrounding street network, the applicant shall meet with City staff to propose solutions to address the verified issues. Depending on the solutions an amendment may be required to Cultural Heritage Permit (CHP) 23- 263/ Discretionary Permit (DP) 24-258 / Conditional Use Permit (CUP) 23-264/ Minor Cultural Heritage Permit (MCHP) 24-260 to implement additional measures to address the parking and/or traffic issues. Future changes in business licenses for this site may be subject to new CEQA review and additional discretionary review to ensure any significant impacts to the public right-of-way and surrounding uses are mitigated to a less than significant level.

The applicant shall be responsible for implementing the Parking Management Plan, at their expense. If subsequent to the project Utilities
Public
Works**
Planning
Public
Works**
68 Resolution No. 24-158 Page 15
Exhibit A

7.14 7.15

7.16 7.17

7.18 approval, the City Planner and/or City Engineer determines that parking issues are negatively affecting the project site, adjacent properties, or the surrounding street network, the applicant shall submit an amendment to (CHP23-263, DP24-258, CUP23-264, and MCUP24-260) with a plan to address the parking and/or traffic issues. The plan may include entering into an off-site parking agreement, creating short-term parking stalls, and/or active monitoring and enforcement to manage parking. In the event that vehicle stacking or other issues cause circulation and/or queueing/crowding onto the public streets, then the business owner will be required to meet with City staff and propose solutions for implementation including, but not limited to, increasing the number of staff, modifications to the parking management plan and operations, business model modifications, off-site parking agreements, etc. The vehicle lifts shall be maintained to ensure they are operational and if mechanical issues occur they will be repaired or replaced expeditiously to avoid an impact to the parking supply for the site and negative impacts to adjacent properties or the surrounding street network. As part of this condition, there shall be no staging or activities within the street and sidewalk right of way. This includes valet operation services, signage, vehicle and customer queueing, etc. (SCMC Chapter 12.20). If an amendment is required, it shall be subject to the amendment review process specified in SCMC 17.12.180.

No gates or vehicle prohibitive devices are allowed at the main garage entrance unless specifically approved by the City Planner and City Engineer.

Restaurant customers shall not be subject to a valet parking fee.

Vehicle Lifts
If noise generated from the vehicle lifts within the covered parking area and/or surface parking area exceed the limits of the Noise Ordinance, the lifts shall be fitted with sound dampening coverings to reduce the noise generated by the vehicle lifts.

The vehicle lifts shall be regularly maintained to avoid lengthy downtime for repairs. If a lift is damaged or is inoperable and requires maintenance, the applicant shall repair the lift as soon as possible to reduce impacts to the parking operations of the facility.

Deliveries
All deliveries shall be received along Avenida Del Mar by the applicant/business between the hours of 5:00 am and 10:00 am.

Planning
Public
Works**
Public
Works**
Planning
**
Planning
**
Planning
**
Planning
**
69 Resolution No. 24-158 Page 16
Exhibit A

7.19 7.20
Deliveries during the hours of 5:00 am to 7:00 am are subject to the Noise Ordinance.

Use of Basement Area
The basement area shall only be booked for use by hotel guests, with the exception of when the space would be utilized for a special event, such as a meeting or conference, in which case the total guest count may not exceed the total restaurant seating limitation as addressed within Condition of Approval 4.15.

Business Operations
The property shall have an on-site manager as a point of contact for issues and concerns that arise as part of the operations for the restaurant and hotel.

Planning
**
Planning
**
* Denotes a modified Standard Condition of Approval
** Denotes a project-specific Condition of Approval
70 Attachment 2
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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

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142
From: A R
To: Planning Mail
Subject: Re: Support for Hotel Clemente
Date: Wednesday, June 26, 2024 5:06:15 PM
My email was based on public access to the rooftop. I just read the documentation that neighborhood residents wouldn't have access. That is a deal breaker for me personally. So please work to make that a requirement with the developer/owner or I'm out as a supporter.

Thank you!!!
Andrew Russell
On Wed, Jun 26, 2024 at 3:17 PM A R > wrote:

I live in SW San Clemente and I'm really excited for a fresh breath of air with this development. I'm not necessarily always a pro-growth person, but this is well thought out and will improve that space on Del Mar.

Really looking forward to the following:

Spanish architecture concept
Rooftop- We might be the only beach town without a great rooftop bar for views of the beautiful pacific ocean. So many houses have them but our own restaurants lack them big time.

Areas of Del Mar are beautiful but some are in need of an uplift including this spot.

Community gathering place- would be great to have another spot in town.

Jobs for the community will be great.

Personally I believe San Clemente has improved in a positive manner as far as finally adding some unique restaurants. We all love Nicks and South of Nicks, but how many times can we all go there? All of our neighbors complain about the lack of choices to go out for dinner.

We are getting better and I believe this establishment should help other nice restaurants come to the area.

I lived in Cherry Creek North in Colorado prior to moving here 4 years ago. It is is a beautiful town similar to San Clemente and people were concerned with 2 boutique hotels coming into town. Now everyone loves how they have fit in and added amazing rooftops and restaurants and small unique lodging.

This is a win win for our community and I fully support it. :) Thanks!
Andrew Russell
ATTACHMENT 4
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City of San Clemente /City planner
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ϮͿ ^ƉĞĐŝĂůƚǇĚŝƐƚƌŝďƵƚŽƌƐ͘dŚĞƐĞĂƌĞǇŽƵƌĨƌĞƐŚŵĞĂƚ͕ƐĞĂĨŽŽĚ͕ƉƌŽĚƵĐĞ͕ůŝŶĞŶ͕ĞƚĐ͘͞DŽƐƚ͟ ƌĞƐƚĂƵƌĂŶƚƐĂŶĚŚŽƚĞůƐŚĂǀĞ ĂƚůĞĂƐƚ ŽŶĞŽĨĞĂĐŚĂŶĚŵŽƌĞƌĞĂůŝƐƟĐĂůůǇϮ͕ ƐŽƚŚĞǇŚĂǀĞ ƌĞĚƵŶĚĂŶĐǇĂŶĚĐƌĞĂƚĞĂĐŽŵƉĞƟƟǀĞƉƌŽĐĞƐƐƚŽŐĂƌŶĞƌƚŚĞďĞƐƚƉƌŝĐĞ͘^Ž͕ ŚĞƌĞ͛ƐĂŶŽƚŚĞƌϰ-ϴ ǀĞŶĚŽƌƐ͘ dŚĞƐĞǀĞŶĚŽƌƐƵƟůŝǌĞŽǆdƌƵĐŬƐ;ďŽďƚĂŝůƐͿǁŚŝĐŚĂƌĞƚǇƉŝĐĂůůǇϭϲ͛– ϮϬ͛͘ 147
ϯͿ ĞĞƌĚŝƐƚƌŝďƵƚŽƌƐ͘dŚĞǇĚĞůŝǀĞƌďŽƩůĞĚĂŶĚŬĞŐďĞĞƌĂŶĚĚƵĞƚŽƚŚĞďƵůŬŽĨƚŚĞƉƌŽĚƵĐƚƚŚĞǇ ĐƵďĞŽƵƚƋƵŝĐŬůǇ͕ ƐŽthey ƵƟůŝǌĞƚƌĂĐƚŽƌƚƌĂŝůĞƌƐ͘
ϰͿ tŝŶĞĂŶĚ>ŝƋƵŽƌĚŝƐƚƌŝďƵƚŽƌƐ͘dŚĞƐĞĐŽŵƉĂŶŝĞƐƵƐƵĂůůǇƵƐĞďŽǆƚƌƵĐŬ;ďŽďƚĂŝůƐͿ tŚĂƚ/͛ŵŚŽƉŝŶŐƚŽĞǆƉƌĞƐƐƚŽƚŚĞĐŽŵŵŝƩĞĞŝƐƚŚĂƚŝƚ͛ƐŶŽƚŽŶĞĚĞůŝǀĞƌǇĂĚĂǇ͕ŝƚ͛ƐŵƵĐŚŵŽƌĞůŝŬĞϲ-ϭϬ ǀĞŶĚŽƌƐƉĞƌĚĂǇĂŶĚďƵƐŝĞƌƚŽǁĂƌĚƐƚŚĞǁĞĞŬĞŶĚ;tĞĚƚŚƌŽƵŐŚ ^ĂƚƵƌĚĂǇͿ͘dŚĂƚ͛ƐũƵƐƚƚŚĞǀŽůƵŵĞ͘ EŽǁĐŽŵĞƐƚŚĞƉŝƉĞĚƌĞĂŵƚŚĂƚĂůůĚĞůŝǀĞƌŝĞƐĐĂŶďĞĚŽŶĞŽŶƉƌĞŵŝƐĞƐ. The city enŐŝŶĞĞƌĞǆƉůĂŝŶĞĚƚŚĂƚ ǀĞŚŝĐůĞƐǁŽƵůĚŶĞĞĚƚŽŵĂŬĞĂ 3-point ƚƵƌŶŝŶŽƌĚĞƌƚŽŶĂǀŝŐĂƚĞǁŝƚŚin ƚŚĞƉƌŽƉĞƌƚǇ͕ĂŶĚŝŶĨĂĐƚŝƚ͛ƐƐŽ ƟŐŚƚ͕ƚŚĞǇǁŽƵůĚŝŶƐŝƐƚŽŶ͞ƉƌŽĨĞƐƐŝŽŶĂů͟ǀĂůĞƚƐƚŽŵŽǀĞƚŚĞĐĂƌƐĂƌŽƵŶĚ͘ /ƚ͛ƐǀŝƌƚƵĂůůǇŝŵƉŽƐƐŝďůĞƚŽƚĂŬĞ ĚĞůŝǀĞƌŝĞƐŽŶƉƌĞŵŝƐĞƐ ;ŽǆƚƌƵĐŬƐŽƌĞǀĞŶƐƉƌŝŶƚĞƌǀĂŶƐͿ͘dŚĂƚ͛Ɛ͞ƌĞĂůǁŽƌůĚ͟ĂŶĚŶŽƚƚŚĞŽƌĞƟĐĂů͘ DǇƐƵŐŐĞƐƟŽŶĂŶĚĨŽůůŽǁŝŶŐƚŚĞƚƌĂŝŶŽĨƚŚŽƵŐŚƚƚŚĞĐŽŵŵŝƐƐŝŽŶĂĚŽƉƚĞĚůĂƐƚŶŝŐŚƚ͖ƌĂƚŚĞƌƚŚĂŶǁĂŝƟŶŐ ĨŽƌƚŚĞƉůĂŶƚŽĨĂŝůǁŚĞŶƚŚĞǇďĞĐŽŵĞŽƉĞƌĂƟŽŶĂůĂŶĚƌĞƐƚƌŝĐƟŽŶƐŵŝŐŚƚďĞŝŵƉŽƐĞĚ͕ĂƐŬƚŚĞĂƉƉůŝĐĂŶƚ ƚŽƐƵƉƉůǇƚŚĞĐŽŵŵŝƐƐŝŽŶǁŝƚŚĂůŝƐƚŽĨĐƵƌƌĞŶƚǀĞŶĚŽƌƐďǇŶĂŵĞĨŽƌĂĐƟǀĞůŽĐĂƟŽŶƐ͕ĂŶĚǁŚĂƚ ĞƋƵŝƉŵĞŶƚƚŚĞǇĂƌĞĐƵƌƌĞŶƚůǇƵƐŝŶŐƚŽƐĞƌǀŝĐĞƚŚĞŝƌůŽĐĂƟŽŶƐ͘/͛ĚĂůƐŽĂƐŬŝĨƚŚĞǇŚĂǀĞĚĞůŝǀĞƌǇƟŵĞ ƌĞƐƚƌŝĐƟŽŶƐĂƚĂŶǇŽĨƚŚĞŝƌŽƚŚĞƌůŽĐĂƟŽŶƐ͕ĂŶĚǁŚĂƚƟŵĞƚŚŽƐĞůŽĐĂƟŽŶƐƌĞĐĞŝǀĞƚŚĞŝƌĚĞůŝǀĞƌŝĞƐ͘dŚŝƐŝƐ ĂĨĂŝƌůǇƐŝŵƉůĞƉƌŽĐĞƐƐĂŶĚŝŶĨĂĐƚƐŚŽƵůĚƐĂĨĞŐƵĂƌĚƚŚĞĂƉƉůŝĐĂŶƚĨƌŽŵŝƐƐƵĞƐĚŽǁŶƚŚĞƌŽĂĚ͘ WZ</E'
͞/&͟ƉĂƌŬŝŶŐŝƐŶŽƚĂŶŝƐƐƵĞŝƚƐƵƌĞǁĂƐƚĂůŬĞĚĂďŽƵƚĂůŽƚůĂƐƚŶŝŐŚƚ͘/ƚƌƵůǇĐĂŶ͛ƚďĞůŝĞǀĞƚŚĂƚĚƵƌŝŶŐƚŚĞ ĚĞƐŝŐŶƉƌŽĐĞƐƐƚŚĂƚƉĂƌŬŝŶŐďĞĐĂŵĞŶĞŐŽƟĂďůĞ͖ŝƚŶĞǀĞƌƐŚŽƵůĚŚĂǀĞďĞĞŶ͘tŚĞŶƚŚĞĂƉƉůŝĐĂŶƚŽǀĞƌďƵŝůƚ ĨŽƌƚŚĞƐƉĂĐĞ;ϮϴƌŽŽŵƐĂŶĚǁŚĂƚĂƉƉĞĂƌƐƚŽďĞĂŵŽǀŝŶŐŶƵŵďĞƌŽĨƌĞƐƚĂƵƌĂŶƚƐĞĂƚƐͿƚŚĞĚŝƌĞĐƟŽŶ ƐŚŽƵůĚŚĂǀĞďĞĞŶƚŚĂƚ͛ƐĂůůĮŶĞĂƐůŽŶŐĂƐǇŽƵŚĂǀĞĂĚĞƋƵĂƚĞƉĂƌŬŝŶŐƚŽƐƵƉƉŽƌƚƚŚĞƐĐĂůĞ͘EŽǁƚŽƚƵƌŶ ĂƌŽƵŶĚĂŶĚƌĞƋƵĞƐƚĂhWĨŽƌĂƌĞĚƵĐƟŽŶŝŶƉĂƌŬŝŶŐĂŶĚƚŚĂƚ͛Ɛ&d ZƚŚĞƐƵŐŐĞƐƟŽŶŽĨĐĂƌůŝŌƐ͕ /ƐŝŵƉůǇ
ĐĂŶ͛ƚŐĞƚŵǇŚĞĂĚĂƌŽƵŶĚŚŽǁƚŚĞŵĂƚŚĞŵĂƟĐƐ ǁŽƌŬ͘ϮϴƌŽŽŵƐ͕ϭϯϬƌĞƐƚĂƵƌĂŶƚƐĞĂƚƐ;ϱƚŽϭсϮϲĐĂƌƐͿ ƚŚĂƚ͛ƐϱϰƉĂƌŬŝŶŐƐƉĂĐĞƐďĞĨŽƌĞǇŽƵĂĚĚƚŚĞĐŽŵŝĐĂůĂƐƐĞƌƟŽŶƚŚĂƚƚŚĞƉƌŽƉĞƌƚǇĐĂŶƌƵŶŽŶϭϮ ĞŵƉůŽǇĞĞƐ;ƚŚĂƚ͛ƐƚŚĞŶƵŵďĞƌƚŚĞĂƉƉůŝĐĂŶƚƐŝŐŚƚĞĚͿ͘zŽƵĐĂŶƚĂůŬĂďŽƵƚĨĞĂƐŝďŝůŝƚǇƐƚƵĚŝĞƐĂůůǇŽƵǁĂŶƚ͕ ƚŚĞĐŽŵŝŶŐĂŶĚ ŐŽŝŶŐŽĨĐĂƌƐ͕ŽƌǁĂůŬŝŶŐĨŽƌĂŶ͞ŝĐĞĐƌĞĂŵĂŌĞƌĚŝŶŶĞƌ͟ƚŚĞŶƵŵďĞƌŽĨƉĂƌŬŝŶŐƐƉĂĐĞƐ ǁŝůůŶŽƚƐƵƉƉŽƌƚƚŚĞŶĞĞĚŽĨƚŚŝƐŶĞǁƉƌŽƉĞƌƚǇ͘/ĨƚŚĞhWŝƐŐƌĂŶƚĞĚĨŽƌƉĂƌŬŝŶŐƚŚĞŝƚǇŽĨ^ĂŶůĞŵĞŶƚĞ ŝƐƐŝŵƉůǇŬŝĐŬŝŶŐƚŚĞĐĂŶĚŽǁŶƚŚĞƌŽĂĚĨŽƌĨƵƚƵƌĞŝƐƐƵĞƐǁŝƚŚƚŚŝƐƉƌŽƉĞƌƚǇĂŶĚƚŚĞƌĞƐŝĚĞŶƚƐŝŶƚŚŝƐĂƌĞĂ͘ ƐĨŽƌƚŚĞĐŽŶƐƵůƚĂŶƚĂŶĚƚŚĞŐŽůĚƐƚĂŶĚĂƌĚďĞŝŶŐƵƐĞĚƚŽƐƵƉƉŽƌƚƚŚĞƌĞĚƵĐƟŽŶŝƚƌĞŵŝŶĚƐŵĞŽĨĂǀĞƌǇ ĂƉƉůŝĐĂďůĞƋƵŽƚĞ͗
͞'ĞƚǇŽƵƌĨĂĐƚƐĮƌƐƚ͕ƚŚĞŶǇŽƵĐĂŶĚŝƐƚŽƌƚƚŚĞŵĂƐǇŽƵƉůĞĂƐĞ͘͟ – DĂƌŬdǁĂŝŶ My oīĞƌƚŽƚŚĞĐŽŵŵŝƐƐŝŽŶĞƌƐ͍ŽŵĞƚŽŵǇƉůĂĐĞĂŶǇ^ĂƚƵƌĚĂǇĂƌŽƵŶĚϰƉŵĂŶĚƐŝƚin ŵǇĚƌŝǀĞǁĂǇĂŶĚ ǁĂƚĐŚƚŚĞƚƌĂĸĐĂŶĚƉĂƌŬŝŶŐ
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ƚŚŝƐƉƌŽũĞĐƚ͘zŽƵ͛ůůůŝŬĞůǇŶĞĞĚƚŽh
ZŽƌƌŝĚĞǇŽƵƌĞ-ďŝŬĞƐ͕ ďƵƚ/͛Ě
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148
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149
July 1, 2024
Lynn and Matthew West
June 25, 2024
Planning Commission
City of San Clemente
910 Calle Negocio, STE 100
San Clemente, CA 92673
Regarding Hotel Clemente & Loretta’s Restaurant (PHP 23-262), Dear Members of the Planning Commission,
After attending last week’s planning commission public hearing for Hotel Clemente and Loretta’s Restaurant at 225-229 Avenida Del Mar and 232-234 Avenida Granada, we are following up to thank you for listening to the concerns of the community and your genuine consideration of all sides. It gives us confidence in the system to witness how it works. Coming out of the meeting, some additional concerns were brought to light, but not addressed.

Parking, Traffic & Deliveries:

Our observations following the hearing underscored lingering concerns, including the very confusing information from the third-party experts about parking. In our experience, when someone goes to such lengths to justify why they are doing something, they are trying to cover up a KNOWN issue. We believe that the traffic/parking study does not take into consideration the nuances and logistics of running valet parking for both a restaurant and hotel with hydraulic car lifts. This is a concern, because of potential back-ups into Avenida Granada. With both the hotel and the restaurants, traffic doesn’t ebb and flow continually. It comes in heavy waves at concentrated times (Check-in /Check-out, lunch, happy hour and dinner). As an example, what does a summer Friday afternoon look like? Assuming check-in is at 3:00, it is safe to assume that guests as well as a new shift of employees will be arriving between 3:00 and 6:00 PM, which is the exact time that happy hour and dinner begin.

With a staff of three people, it could take10 minutes per car, if cars need to be swapped from top to bottom on the lifts and there is no place to turn around. If 10 rooms are checking in during that time and 20 cars arrive for dinner, the place would be backed up into Granada and quite honestly, most people would give up and just park on the street, taking up additional spaces. The same can be expected at check-in time, during breakfast/brunch and deliveries.
150
The hydraulic lifts themselves pose an additional concern. Where is the auxiliary power housed in the event there is of a power outage, planned or otherwise? Are large, noisy generators the solution? For that matter, has the electrical plan been reviewed/approved yet? There are 220V and 440V lifts that use heavy amperage. We assume someone has looked into the impact on a pretty dated already taxed electrical grid.

The proposal for delivery vehicles in sprinter vans is unrealistic (we've both worked in the hospitality industry). Even if they were to find distributors who agreed to use sprinter vans, where are they going to deliver to? It looks as though they will be backing into the valet spot, blocking guests from being able to access valet.

Community:

In the hearing, Mr. Luna and Mr. Simms both mentioned their dedication to improving and contributing to the community, but nobody, other than the people who they approached to purchase their property or evict as tenants has been contacted by them. There has been no discussion whatsoever.

Moreover, we do not believe that they are acting in good faith. It’s clear that they are acting as developers and the bottom line is all that matters. It has been brough to our attention that they intend to evict senior citizens (75 and 65 years old), who have lived at for over 23 years and have had them sign indemnification documents under duress. They showed up with a notary public in toe and had them sign a document stating their combined salary, so they couldn’t be sued for evicting underserved or low-income tenants. The tenants felt pressured to sign for fear of retribution.

Noise:

After listening to the concerns regarding The Ole Hansen event space in North Beach, it’s clear that this building presents similar challenges. With a rooftop deck, three bars and amplified music, the potential for noise pollution, late hours and an impact on residents is likely.

Mr. Simms seemed confident that the car lifts would not pose a noise concern.

The reality is that these lifts do generate noise. The make and model of the proposed lifts should be provided, and a study should be done. As someone stated, not only do the lifts generate noise, the OSHA safety alarms make beeping noises as well.

As an aside, it has been brought to our attention that Michael Luna has arranged a private meeting with the Planning Commission on July 1. The neighbors of Avenida Granada would appreciate the courtesy of a meeting as well. We are willing to designate 1-2 representatives, if need be, in order to 151
make the meeting as productive as possible. We also invite any of you to walk the site and/or come to our homes to understand our perspective.

In closing, we are not opposed to this project happening and look forward to the improvements that it will provide to Avenida Del Mar. However, the proposal as it stands is way too much for such a small space. As a couple of commissioners stated, we need to get this right. Once this is built, we will be hard pressed to go back.

Thank you for carefully considering our viewpoint on this crucial matter. We look forward to your thoughtful deliberation and decision.

Sincerely,
Lynn and Matt West
152
July 30, 2024
Planning Commission
City of San Clemente
910 Calle Negocio, Suite 100
San Clemente, CA
RE: Hotel San Clemente & Loretta’s Restaurant
ATTN: Jonathan Lightfoot and Planning Commissioners
We attended the Planning Commission’s meeting on June 26. We were very impressed in the way that the Commission evaluated and discussed each agenda item. We also thought that the design concept for the above project is beautiful and will make a great addition to downtown San Clemente. However, the way that it is currently designed, attempting to include a hotel, restaurant, bar and rooftop bar as well as parking for customers and employees in the footprint of the project is riddled with problems. There are many issues to take into consideration regarding parking and noise that have not been adequately addressed.

PARKING:

The parking/valet area using car lifts is problematic. What happens at check in and check out times with the cars? We have all seen what hotel lobbies look like during these times. Is each vehicle going to be given a “time slot” to check in/out. There would have to be a cue area if there is more than two cars. There is no room for this, other than on Granada. Granada is already stressed for parking. Getting cars in and out is not a simple quick process. We picture pure chaos.

There is simply not enough parking space for the employees. To adequately run a hotel, restaurant and bar there would be far more than the 12 employees as stated at the meeting. And expecting them to ride bikes, skateboards, Uber etc. is not only disrespectful to the employees but unrealistic. What happens to the working parent that needs to drop their kids off at daycare? Or the student that is traveling from school to get work on time. Or the employee that does not have the luxury of living close enough to bike or walk. It is very demeaning to expect your employees to agree to this.

NOISE:

There are a couple of things to consider regarding the additional noise that will be created by this project. This first being the restaurant and bar patrons leaving as late as 2:00 am. If they have parked in valet this will be the noise from the car lift, any conversations and car doors slamming. During the summer months especially windows are left open at night. As we live directly across the street from the project believe me when I say this will be very intrusive. The thought of this happening every weekend forever is daunting. 153
Second item regarding noise is the rooftop bar. Even if it is just back ground music it will be heard. As with any bar, as the evening goes on talking gets louder and louder. Once again, especially in the summer months, windows are left open. This would mean if we are in our living room enjoying television there would be the constant distraction of the noise coming from the roof top. Noise travels well and far in this neighborhood.

DELIVERY TRUCKS:

In the meeting the Applicant down played the additional delivery trucks to Granda. This is a big problem as well. There are many deliveries involved in running a hotel, bar and restaurant. They have not shown how they will accommodate the additional traffic for deliveries. Expecting vendors to only use delivery van size vehicles is unrealistic and will not happen. As designed the only options are to double park on Granada (which poses accident risks) or to deliver on Del Mar before other businesses are open so that there is room with no cars on the street. There has to be a specific safe plan, with no exceptions.

The Applicant is just asking for way too much in such a small area. There has been no consideration as to how it will affect the neighborhood on Granada. Having a beautiful building to look at from our balcony is not a problem. The impact on the street is a big one.

We agree San Clemente can use another hotel in town. Having one downtown with the charm and history attached to it is even better. But do we really need another restaurant? Not really, we currently have many awesome choices. Does Del Mar Street need a bar? Definitely not. But wouldn’t be great to just have a wonderful quaint hotel that caters to its guests? The hotel could provide morning pastries and coffee from a local bakery. Maybe wine and cheese in the afternoon, from one of the local spots on Del Mar, on one of many beautiful out door patio areas. And, if it was truly only for guests, a roof top sunset viewing area. (Note - a viewing/visiting area only, not a bar).

There could be many collaborations with other local businesses that would benefit not only their guests, but the community in general. Maybe this is too much of a dream, but surly there is a compromise between what the Applicant is asking for and what is truly realistic for the space and neighborhood they are working in.

We appreciate the commissions hard work and willingness to discuss the project with all parties concerned. There are compromises to be made, but the final outcome should be something that enhances the entire community.

Sincerely,
Tom & Susan Carmichael
154
From: Mark Olson
To: Planning Mail
Subject: Hotel Clemente
Date: Thursday, June 27, 2024 9:24:31 AM
I am in favor of this project going forward.

Olsons
155
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156

MEMORANDUM
N:\4600\2234638 - 229 Avenida del Mar Hotel Project, San Clemente\4638 Addendum 7-30-24.docx To: Mr. John Ciampa
Project Planner
City of San Clemente
Date: July 30, 2024
From: Trissa de Jesus Allen, P.E., RSP
Senior Transportation Engineer
LLG, Engineers
LLG Ref: 2.23.4638.1
Subject:

Addendum to the
229 Avenida del Mar Hotel & Restaurant Project
Parking Study, PMP, and Valet Service Plan
Linscott, Law & Greenspan, Engineers (LLG) is pleased to provide this Addendum to the Parking Study, Parking Management Plan, and Valet Service Plan for the 229 Avenida del Mar Hotel & Restaurant Project prepared by LLG on June 14, 2024 to address comments from the Planning Commission.
Restaurant Outdoor Seating: The Parking Study’s findings were based on ULI methodology, which utilizes Gross Leasable Area (GLA), not number of seats, for estimating the restaurant’s parking needs. ULI does not commonly assess outdoor dining, and therefore does not account for the 500-SF outdoor seating area (with 32 seats). The City’s Zoning Code exempts 16 of the 32 seats from parking requirements, corresponding to a net outdoor seating area of 250 SF not assessed under ULI. To estimate parking demand for 250 SF of outdoor dining area, the ULI ratio of 9 spaces per 1,000 SF was applied, resulting in a demand of approximately 2 spaces, which is reduced to 1 space after accounting for the same parking reductions described in the Parking Study. This incremental demand of 1 space is offset by the on-site surplus of 1 space (as presented in the ULI calculations in Table 1 of the Parking Study).
Off-site Parking for Employees: To enhance parking supply contingencies in the event that the additional parking is needed for employees, the Project Applicant has initiated discussions with the outlets to lease parking spaces for employees in offsite parking facilities. In the event that these spots are needed, a plan to shuttle those employees between the Project and off-site parking locations will be supplied to the City.
Empirical Validation of Parking Study Conclusions: A comprehensive data collection and field study were conducted at Shade Hotel in Manhattan Beach (as described in the Parking Study) as a real-world comparable site to verify and validate the ULI-based approach and conclusions of the Study for the Project.

Please let us know if you have any comments or questions regarding this Addendum.

Thank you.

ATTACHMENT 5
157
Park Plus California Noise Level Reading for the Model DP003 Double Stacker Actual Reading Taken on 8/2/2019 at 11:39PST
in Los Angeles, CA
Ranges
$77$&+0(17
158

MINUTES OF THE REGULAR MEETING

OF THE CITY OF SAN CLEMENTE

PLANNING COMMISSION
August 21, 2024 @ 6:00 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 Regular Meeting of the Planning Commission of the City of San Clemente to order at 6:00 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 Prescott-Loeffler led the Pledge of Allegiance.

3. ROLL CALL
Commissioners Present: Barton Crandell; Scott McKhann; Vice Chair M. Steven Camp; Karen Prescott-Loeffler; Chair Pro Tem Gary P. McCaughan, M.D., Chair Cameron Cosgrove
Commissioners Absent: Brent Davis
Staff Present: Jonathan Lightfoot, City Planner
Gena Burns, Deputy City Attorney
Zachary Ponsen, Assistant City Engineer
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 Special Meeting of July 24, 2024.

IT WAS MOVED BY COMMISSIONER MCKHANN, SECONDED BY COMMISSIONER CRANDELL, AND CARRIED 6-1-1, CHAIR PRO TEM MCCAUGHAN ABSTAINING AND ATTACHMENT 4
159
Minutes of Regular Planning Commission Meeting of August 21, 2024 Page 2 COMMISSIONER DAVIS ABSENT, to receive and file the minutes from the Planning Commission Regular Meeting of July 24, 2024.

6. ORAL AND WRITTEN COMMUNICATION
Brian Pitt discussed the development of a property, including a public benefit courtyard across from the Pier and indicated opposition to the upcoming request for a zoning change for Caterina’s located at 614 Avenida Victoria in the Pier Bowl area.

7. CONSENT CALENDAR
None.

8. PUBLIC HEARING
A. Continued Public Hearing Project (PHP) 24-187, Sunset Shores Façade Remodel Permit Amendment, 410 Corto Lane
A continued public hearing item for the Planning Commission to consider a request for an amendment to 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.

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).

City Planner Lightfoot discussed the applicant’s request to continue the item and requested the hearing be continued to October 2, 2024.

IT WAS MOVED BY CHAIR PRO TEM MCCAUGHAN, SECONDED BY COMMISSIONER MCKHANN, AND CARRIED 6-0, COMMISSIONER DAVIS ABSENT, TO CONTINUE THE HEARING TO OCTOBER 2, 2024.

B. Continued Public Hearing Project (PHP) 23-262, Hotel San Clemente and Loretta’s Restaurant, 225-229 Avenida Del Mar and 232-234 Avenida Granada A continued public hearing item for the Planning Commission to consider a request for a Cultural Heritage Permit (CHP23-263) for the rehabilitation and adaptive reuse of a historic resource and a Development Permit (DP24-258) for the demolition of a duplex at 232 Avenida Granada and the construction of two new buildings to establish a 28-room boutique hotel, roof top lounge, and specialty restaurant with indoor and outdoor seating. The project will merge the five lots into one parcel for the development. A Conditional Use Permit (CUP23-264) is requested for the sale of on-site full-service alcohol, amplified music, valet parking service, the use of vehicle lifts, and parking demand modifications with shared 160
Minutes of Regular Planning Commission Meeting of August 21, 2024 Page 3 parking, and architectural elements to exceed the maximum height for the zoning district. A Conditional Use Permit (CUP24-260) is required to allow the architectural projections to exceed the maximum height for the zoning district. The project site is located at 225-229 Avenida Del Mar and 232-234 Avenida Granada within the Downtown Mixed-Use 3.0 (MU 3.0, Ave. del Mar frontage) and MixedUse 3.3 (MU 3.3, Ave. Granada frontage) zoning districts within the Central Business (CB), Architectural (A) Overlay, and Coastal Zone (MU3.0/3.3-CB-A-CZ).

The Planning Commission will also consider whether the project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines §15331 (Class 31: Historical Resource
Restoration/Rehabilitation) and §15332 (Class 32: In-Fill Development Projects).

Under Commissioner disclosures, Chair Cosgrove indicated he met with the Applicant/Owner, Mike Simms and Architect, Michael Luna and reiterated areas of concern addressed during the first public hearing.

John Ciampa, Contract Planner, narrated a PowerPoint Presentation entitled, “Hotel Clemente & Loretta’s Restaurant, CHP23-263 / DP24-258 / CUP23-264 / MCUP24-260,” dated August 21, 2024. A copy of the Presentation is on file in Planning Division.

In response to Commission questions, Planner Ciampa explained the music curfew; and onsite parking including valet and employee parking.

Mike Simms, Applicant/Owner and Michael Luna, Architect, discussed efforts to mitigate concerns; and agreement with Conditions of Approval 7.12 and 7.13.

In response to Commission questions, Trissa De Jesus Allen, LLG, discussed the parking analysis; comparison with Shade Hotel in Manhattan Beach; acknowledged that parking studies are data driven, but are not an exact science; confirmed that the shade hotel was at full occupancy on the Saturday that parking counts were conducted; noted that parking counts were done by an independent contractor.

In response to Commission questions, Mr. Simms and Mr. Luna explained the occupancy of 21 full size rooms and 7 small rooms; employee parking; and reduction in restaurant seating that is addressed within the staff-drafted conditions.

Peter Haft discussed development of his property and expressed concern with the size of the project and potential negative impacts.

Larry Culbertson, Historical Society Preservation Chair, indicated opposition to retaining the 1980’s addition with shed roof obscuring the front elevation of the Antoinette building; and expressed concern with the lack of parking. 161
Minutes of Regular Planning Commission Meeting of August 21, 2024 Page 4 Matt West discussed the Shade Hotel and stated that its proximity from LAX discounted the accuracy of the parking counts; questioned delivery trucks and the loading area for the Shade Hotel.

David Litle expressed concern about providing any reduction in parking, the applicant’s underestimating the number of employees required for the project, and the impact of deliveries and size of the project.

Cheri D. expressed concern with limited parking and stated that San Clemente does not have a parking structure or paid parking downtown.

Tom Carmichael discussed the narrow road (Granada), limited parking, and the need for privacy for neighbors; questioned whether the hotel would reduce operations during City special events like the Fiesta.

George Alvarez expressed disagreed with the parking study, and he opposed the size of the project, parking lifts, and noise.

Paul Parsons, San Clemente Historical Society member, indicated the hotel was well designed and would be built; therefore, the Commission needs to provide the appropriate Conditions.

Mr. Luna discussed the extensive public engagement to share the project, including hosting a booth at the Fiesta; time spent on the parking analysis; and efforts to address concerns.

In response to Commission questions, Planner Ciampa, City Planner Lightfoot and Assistant City Engineer Ponsen explained peer review of the parking analysis by Kimley Horn; constraints on underground parking; restaurant hours of operation; hours and entertainment of nearby businesses; option to prohibit or condition live entertainment; noise dampening; allowances within the Zoning Code for parking space waivers; clarifications on conditions of approval; and difficulty enforcing a loading zone.

In response to Commission questions, Mr. Simms explained means of enforcing deliveries within a certain time; and the guest-focused intent of the hotel bar.

Under discussion, the Commissioners discussed:
• Concerns about the amount of parking reduction warranted; • Hours of operation and concerns about outdoor amplified music; • Preference for deliveries on Del Mar;
• Concern about noise from roof deck and consideration of alternate hours; • Support for a hotel downtown;
• Support for off-site shuttle for employees;
• Disagreement with certain points of the parking study, such as the number of staff needed during peak times;
• Preference for off-site parking or shuttling over collecting an in-lieu fee; 162
Minutes of Regular Planning Commission Meeting of August 21, 2024 Page 5 • Noted that the parklets on Del Mar may be gone by the time the project is operational;
• Considered additional reductions below 100 seats for the restaurant.

Mr. Luna and Mr. Simms responded to the proposed modifications to the Conditions of Approval and expressed concern about the fiscal impact of requiring an employee shuttle at the beginning of operations; but they remain agreeable to off-site parking or shuttling as a means to recapture restaurant seating..

IT WAS MOVED BY CHAIR PRO TEM MCCAUGHAN, SECONDED BY COMMISSIONER MCKHANN, AND CARRIED 6-0, COMMISSIONER DAVIS ABSENT, TO 1) DETERMINE

THE PROJECT IS CATEGORICALLY EXEMPT FROM THE REQUIREMENTS OF THE CEQA PURSUANT TO 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), AND THAT NO EXCEPTIONS TO THE EXEMPTIONS APPLY; AND 2) ADOPT RESOLUTION PC 24-014, APPROVING PUBLIC HEARING PROJECT 24-262, HOTEL CLEMENTE AND LORETTA’S, SUBJECT TO ATTACHED CONDITIONS OF APPROVAL AMENDED AS FOLLOWS:
• Modify Table to remove all references to amplified music for outdoor areas including the roof deck (7.4 & 7.9 Tables)
• Rooftop Patio closes at 10pm (7.4 & 7.9 Tables)
• All bar service closes at 12am (7.4 & 7.9 Tables)
• Use noise reduction surfaces when constructing rooftop deck • Strike 4.15.1: Multi-modal fee for Trolley
• Strike 5.12: Speaker connected to limiters
• Strike 7.18, related to deliveries along Avenida Granada • Modify 7.19 to begin: “All Deliveries shall be received along Avenida Del Mar…” • Include that staff is to make any modification to the resolution to coincide with the approved motion.

Chair Cosgrove and City Planner Lightfoot discussed the grant received for a Downtown parking study.

C. Continued Public Hearing Project (PHP) 24-127, Ole Hanson Beach Club Private Events, 105 W. Avenida Pico
A continued public hearing item for the Planning Commission to consider a request for a Conditional Use Permit (CUP 24-128) related to ongoing event operations at the City-owned facility at 105 W. Avenida Pico. The 2016 lease with 24 Carrots, LLC specified approval of amplified music and dancing, including use of outdoor spaces; however, that lease also indicated that the tenant must apply for a CUP to more specifically govern operations. For unknown reasons, that CUP process was not previously completed. There is no development related to this request other than the installation of sound/speaker equipment by the City on the second level of the building.
163
Minutes of Regular Planning Commission Meeting of August 21, 2024 Page 6 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).

Staff supports requests by neighbors of the property to continue this public hearing to the Regular Meeting of September 4, 2024.

IT WAS MOVED BY CHAIR COSGROVE, SECONDED BY COMMISSIONER PRESCOTTLOEFFLER-MCKHANN, AND CARRIED 6-0, COMMISSIONER DAVIS ABSENT, TO CONTINUE THE HEARING TO SEPTEMBER 4, 2024.

9. NEW BUSINESS
None

10. OLD BUSINESS
None

11. REPORTS OF COMMISSIONERS AND STAFF
A. Tentative Future Agenda
City Planner Lightfoot provided an update on the Miramar and Providence at the Outlets projects. He invited the Commissioners to the Planning Commissioners Academy in March 2025 in Santa Rosa. He also requested the Commissioners to schedule appointments to set up an iPad with Planning staff.

B. Administrative Development Permit Report

12. ADJOURNMENT

THERE BEING NO OTHER BUSINESS BEFORE THE COMMISSION, IT WAS MOVED BY CHAIR COSGROVE, SECONDED BY COMMISSIONER PRESCOTTLOEFFLER, AND CARRIED 6-0, COMMISSIONER DAVIS ABSENT, TO ADJOURN THE MEETING AT 9:32 P.M. TO THE ADJOURNED PLANNING COMMISSION MEETING TO BE HELD IN-PERSON ON SEPTEMBER 4, 2024, AT 5:00 P.M., 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, Secretary to the Planning Commission 164
September 24, 2024
Dear Members of the City Council,
I am writing to introduce myself, Mike Simms, and my business, Hotel Clemente and Loretta's Restaurant, which my team and I are in the process of developing. We are excited to be building both a boutique hotel, Hotel Clemente, and Loretta's Restaurant, which will offer high-quality lodging and dining experiences in our community.

With decades of experience in the hospitality and restaurant industries, we are dedicated to creating unique spaces that reflect our passion for personalized service, warm hospitality, and exceptional dining. Both Hotel Clemente and Loretta's Restaurant are being designed to serve as welcoming destinations for both locals and visitors, adding vibrancy and value to the city.

We believe these projects will have a positive impact on the community by generating jobs, attracting tourism, and contributing to the local economy. As we move forward, we are committed to working in alignment with the city’s stated goals for growth and development to ensure that our hotel and restaurant integrate seamlessly into the community.

As we prepare for our hearing on October 15th I would like to revisit the recent conditions of approval for our project submitted to the Planning Commission. We would like to respectfully request that the City Council revisit our initial submittal and consider adjusting three of the altered conditions of approval that are critical to the success of our business and to providing an enhanced experience for both our restaurant and hotel guests.

Seating Capacity Reduction (Appendix 1.A, 1.B, 1.C)
The Planning Commission imposed a reduction of 30 seats in our restaurant, a decision which appears to have been made without the utilization of a parking study that was conducted by a highly recognized firm. This study, which was peerreviewed, and agreed to by the city's third-party parking experts, complies with the city code that allows for the use of such studies. We kindly ask the City Council to reconsider this reduction in seating capacity based on the validity and thoroughness of this parking study.

Outdoor Ambiance Music (Appendix 2)
Another condition limited the use of outdoor ambiance music, which we believe is an essential element of creating a welcoming atmosphere for our guests. We fully understand and support the need to comply with the city's noise ordinances, and we are prepared to employ technology recommended by the city to ensure that sound levels remain within the prescribed decibel limits. We respectfully ask that the Council reconsider this restriction and allow us to provide limited outdoor music that enhances the ambiance, without exceeding the noise standards set by the city.

1. 2.

ATTACHMENT 5
165
It’s important to note that as we have paying hotel guests living directly above our operations. It is in our own best interest to ensure our guests receive the best possible experience by keeping noise levels in check and having ample parking. If we fail to do so, we would risk losing our clientele, which would directly affect our business viability. The original strongly worded conditions utilize a "trust but verify" approach, whereby city staff have the authority to monitor and reduce operations if any nuisance issues arise.

We kindly ask that the City Council take these points into consideration and allow us to move forward with a revised approval that takes into account the operational and experiential benefits for our patrons. We believe these modifications will enable us to better serve the community while remaining in compliance with city standards.

Thank you for your time and consideration of our project and these requests. We look forward to working with the Council to achieve a mutually beneficial solution.

Sincerely,
Thomas M. Simms (Mike)
Operating Hours (Appendix 3)
Lastly, we would like to revisit our original request regarding the establishment's operating hours. The later hours we have proposed are primarily aimed at enhancing the services and amenities available to our hotel guests, which is a common practice in the hospitality industry. The flexibility to extend our operating hours will enable us to provide a superior guest experience and align with the expectations of travelers who frequently patronize establishments with late-night amenities.

3. 166
Appendix #1.A
Parking
Zoning Code Parking Requirement
The application of the Zoning Code parking regulations to the project results in a requirement for 56 spaces (Hotel: 1 space per unit, plus two for the manager’s units, and 1 employee space per 10 rooms, Restaurant: 1 space per 5 seats); however, Section 17.28.170(D) of the Zoning Code allows two options for a reduced parking requirement that can apply to this project: a Minor Conditional Use Permit to establish shared parking (SCMC 17.64.120) and/or a Conditional Use Permit, with the submission of a parking study. Due to the operations of the site and the size limitations of the property, the area available for parking is limited so the applicant is requesting a CUP to approve a Parking Management Plan and on-site shared parking to reduce the number of parking stalls required for the project.

Parking Study
The applicant commissioned a parking study prepared by LLG that evaluates the actual parking demand for the project. The parking study utilizes the Urban Land Institute (ULI) methodology which is an industry standard in assessing the parking demand for uses and appropriate levels of parking reductions based on the Parking Management Plan (PMP). The analysis also estimates the potential parking needs for the project and compares peak demand against the proposed supply to identify the number of parking spaces required for the project. The study evaluates the PMP, queuing, and circulation, to assess the operations and capacity for the project. A parking survey was also conducted of a similar sized restaurant and hotel in Huntington Beach with a similar PMP to determine if the proposed parking demand is accurate. A Valet Service Plan is 167
included to ensure parking for guests and employees are adequately managed and controlled to optimize parking efficiency, and create parking contingencies on site during peak demand periods. The complete report is provided as Attachment 12.

Parking Supply
The project proposes 36 parking spaces on-site, which includes three accessible/ADA parking spaces and 12 spaces on the upper level of parking lifts. In addition to the 36 parking spaces, there would be a designated loading/unloading zone in the courtyard for deliveries. All of the parking would be managed through paid valet parking service.

Eight bicycle parking spaces are provided within the courtyard, and additional parking for 12 e-bikes is provided in the hotel basement storage area.

Staff and Parking Consultant Analysis
The study was reviewed by Staff and the City’s third-party parking consultant, Kimley Horn, to assess the study and evaluate the justification for the reduced parking requirement. Staff and Kimley Horn concluded the parking study justifies the Project’s proposed on-site parking supply of 36 spaces with the implementation of the PMP and Valet Service Plan for the project.

Other Site-Specific Considerations
The Zoning Code already recognizes the common use of shared parking that results in a higher efficiency within the CB Overlay, and therefore reduces the parking requirement for certain uses such as retail and restaurants. Additionally, Avenida Del Mar is served by the City’s free trolley, which operates on weekends and daily during peak summer months. The trolley provides access to bus routes, the two train stations, and other visitor serving amenities within the City. This allows guests/patrons to arrive without a car or arrive with a car, but explore the City without removing their vehicle from the on-site parking facilities. Conditions of approval 7.12 and 7.13 are proposed to 168
ensure the parking and valet operation are working as proposed and if there are issues an amendment to the project is required to remedy the issues.

Additional Parking
The project’s removal of the existing driveway on Avenida Del Mar would allow for the addition of two new public on-street parking spaces. These two on-street spaces are not counted as part of the project’s 36-space supply.

To further accommodate guests, the applicant has also acquired authorization from the adjacent property owner at 231 Avenida Del Mar (FedEx) to allow the use of the parking lots 16 spaces after 7:00 pm when the business is closed to be utilized by restaurant patrons. The neighboring property owner does not want to enter into a deed restricted agreement with the applicant for the use of parking in perpetuity because it would limit future development of the site. Since the project provides the necessary parking identified in the parking study, staff does not believe that a deed restricted off-site parking agreement is necessary. Off-site parking spaces can only be formally credited to the project when they are deed restricted for the life of the business operation, per SCMC 17.64.050.
169
Appendix #1.B

7.10 Parking
If subsequent to the project approval the City Planner and/or City Engineer determines that parking issues are negatively affecting the project site, adjacent properties, or the surrounding street network, the applicant shall submit an amendment to (Entitlement Number) with a plan to address the parking and/or traffic issues.

The plan may include entering into an off-site parking agreement, creating short-term parking stalls, and/or active monitoring and enforcement to manage parking. The applicant shall be
responsible for implementing the parking management plan, at their expense. The amendment shall be subject to the
amendment review process specified in SCMC 17.12.180.
170
August 29, 2024
Dear City of San Clemente,
Commitment to Addressing Resident Concerns Regarding Parking on Avenida Granada I am writing to acknowledge the concerns raised by residents regarding the current parking situation on Avenida Granada, particularly related to employees of existing local businesses.

We understand the impact this issue has on the community, and we want to assure you that we are fully committed to working with the City of San Clemente and the residents to ensure our project does not contribute to these parking challenges.

Our goal is to develop a project that is mindful of the needs of the community and that adds value without exacerbating existing issues. If our project exceeds all expectations and requires more parking than originally anticipated, we are prepared to act swiftly and are dedicated to collaborating with all stakeholders to explore and implement solutions that will prevent additional strain on parking in the area.

As part of our commitment, we have proactively reached out to multiple groups to explore additional parking opportunities, should the need for additional parking arise. These efforts include discussions with the Outlet Mall, the FedEx building, the City of San Clemente regarding potential partnerships with city lots, and a local business owner who has extra parking available. Our aim is to identify viable solutions that will alleviate any potential impact our project might have on the existing parking situation.

We are dedicated to developing a project that is considerate of the community’s needs and contributes positively to the area. We look forward to continuing our collaboration with all stakeholders to make this project a success for everyone involved.

Thank you for your attention to this matter.

Sincerely,
Mike Simms
Hotel Clemente
Appendix 1.C
171
Appendix #2
Condition 7.9 Amplified Music
Amplified music is limited to the restaurant and lobby from the hours of 12:00 pm to 10:00 pm Sunday through Thursday and 12:00 pm to 12:00 am Friday and Saturday. Amplified music for the roof deck shall be at an ambient level to not exceed the Noise Ordinance and shall be from the hours of 8:00 am to 9:00 pm Sunday through Thursday and 8:00 am to 10:00 pm Friday and Saturday. The roof deck speakers shall have noise monitoring equipment that is limited to a set decibel level with a verified decibel text to ensure the amplified music is limited to a decibel level that does not exceed the Noise Ordinance.
172
Appendix 3
Condition 7.4 Hours of Operation
The alcohol service shall be limited to the enclosed areas of the property including the interior restaurant, courtyard, and roof deck. The alcohol service is condition to ensure service does not exceed the specified hours of service from the hours of 7:00 am to 11:00 pm and the and the outdoor patio 7:00 am to 10:00 pm and Sunday through Thursday and Friday and Saturday the indoor restaurant service will be limited to the hours of 7:00 am to Midnight with the outdoor patio service from 7:00 am to 11:00 pm. The indoor bar that is only accessible to hotel guests would be open from 11:00 pm to 2:00 am Sunday through Thursday and 11:00 pm to 2:00 am. Alcohol service for the roof deck is limited from 8:00 am to 9:00 pm on Sunday through Thursday and 8:00 am to 10:0 pm Friday and Saturday.
173
PHP23-263
Hotel Clemente &
Loretta’s Restaurant

PUBLIC COMMENTS
(REDACTED)
As of 2:30 p.m. 6/26/24
Attachment 6
174
From: Shannon McDonald
To: Planning Mail; [email protected]
Subject: Expressing my Support for the new hotel/ taurant Date: Wednesday, June 26, 2024 11:05:04 AM
Hi,
I am unable to attend tonight's meeting. However, I would like to express my support for the new boutique hotel/ restaurant.

I've been a San Clemente resident for 4 years now. Although I love this town, all of my friends and I agree that it is desperately lacking in quantity of good restaurants. Although there are a few good ones in town, we all eat out so frequently that we often find ourselves having to drive to SJC and Laguna for variety.

I am especially surprised at the almost non-existence of rooftop dining patios. I come from Vancouver and have lived in both Toronto and Denver where nice outdoor dining is an integral part of life. (Del Mar at ground level is not ideal with all of the loud cars constantly driving so close by)
I also welcome a nice boutique hotel to be able to send people who come to visit as the current options are limited.

I strongly believe that the addition of a small, high quality boutique hotel (in the Spanish style) combined with a vibrant restaurant will benefit this town immensely. thank you
Shannon McDonald
Shannon McDonald
175
From: Jennifer Sturgeon
To: Planning Mail
Subject: In Support of Hotel Clemente
Date: Monday, June 24, 2024 4:33:28 PM
Hello planning commission, I am writing in support of the Hotel Clemente project.

My husband and I have been residents of San Clemente for 2 years I realize that makes us relatively new San Clementians, however I feel we represent a percent of the newer SC population who have come to love this community and want to see it prosper.

We want a vibrant downtown, we want shops and restaurants to add to the selections we have today, and we want to continue to see the small businesses in town survive. We want to more reasons to spend our hard earned money in our hometown, and not need to go elsewhere — North to Dana Point or Laguna or south to Carlsbad or Del Mar.

We want to keep the spending here in support of our local businesses.

In order to do that I believe we need to continue to grow and give residents reasons to shop & dine locally.

I believe the hotel will be beautiful and classy, adding to the charm of our city. I have met personally with the developers and truly appreciate their approach and commitment to designing a space that is consistent with SC’s historic charm - and that has offerings for both residents and visitors to our town.

My husband and I bought our home at the height of the market two years ago and believe that with additions like Hotel Clemente we will attract other upscale businesses that will drive tax revenue and will keep residents spending money here. Hotel Clemente and other new businesses will also attract new homebuyers to our community which will also add to tax revenue.

I understand that there are some longtime residents that oppose change and wish for their town to remain the same, I do understand their concerns, however I believe in order for a community to grow we need to be open to change and welcome those that would like to invest in our community.

Thank you,
Jennifer Sturgeon
176
177
such an exception now would undermine the established guidelines that protect the character of our downtown area. What makes this project different? Once this is approved, our skyline is open game for future projects. **Noise Pollution:**
The introduction of amplified music, a rooftop bar, and continuous use of electric car lifts will disrupt the peace and tranquility that define our neighborhood and village life. These elements threaten to compromise the quality of life for residents and visitors alike, contrary to the quiet ambiance that we value.
**Impact on Neighborhood Views and Quality of Life:**
On a personal level, when we purchased our home, one of its most appealing features was the stunning 360-degree views from our rooftop deck, overlooking Dana Point, the Pacific Ocean, South San Clemente, and the hills to the east. This unobstructed sightline and the view of the neighborhood have always been among the most valuable aspects of our home.

The proposed plan suggests that the back of the new building will resemble a residence and complement the homes behind it, similar to how architect Michael Luna designed our (and our neighbor’s) residences, incorporating rooftop decks. However, we are concerned about whether the rooftop of the new building will maintain the neighborhood view we cherish.

Moreover, the prospect of a large building stretching from street to street raises concerns about the potential impact on our quality of life. We fear that we will be forced to contend with the unsightliness and odors that come with having trash facilities directly across the street from us, including employees taking cigarette breaks, rodents, and runoff from the bins.

In conclusion, while our opposition to the Hotel Clemente project is not a rejection of progress, it is a plea for thoughtful and sustainable development that respects the existing character of our neighborhood. It’s clear that this project is way too ambitious for the proposed size and location and should be pared WAY back. We urge the Planning Commission to carefully consider these concerns and prioritize the well-being of residents in your decisionmaking process.

Thank you for considering our viewpoint on this crucial matter. We look forward to your thoughtful deliberation and decision and we would appreciate a response to this email.

Sincerely,
Lynn and Matt West
178
From: Cheri Litle
To: Lightfoot, Jonathan; Planning Mail
Cc: Cabral, Victor; Duncan, Chris; Enmeier, Mark; [email protected]; Loeffler, Rick; Hall, Andy Subject: Proposed Hotel Clemente & Loretta"s Restaurant Project Date: Tuesday, June 25, 2024 3:13:57 PM
Mr Lightfoot and members of the San Clemente City Council, Progress. Change. They are inevitable. I don't think any of us can say that the city we grew up in looks the same as it did when we lived there. Most of these cities have grown so much that they don't resemble what they looked like many years ago. San Clemente is certainly not completely immune. That being said, we have something truly unique in San Clemente. We have our "Spanish Village by the Sea". It holds many treasures and historical buildings. We have a unique, downtown hub that we are all trying to preserve and hold on tightly to. Del Mar is still a quaint downtown with a small, hometown feel. I believe its charm and character are what draw people to it; not only our residents, but visitors from far and wide as well. They come to Del Mar to experience what has been lost in many communities. It transports them back to a time when things felt slower and when things were much simpler. I believe it is extremely important to protect downtown Del Mar. Once we allow development that is not compatible to be built there, we start to lose all of the charm and character of Del Mar until it eventually vanishes. This has been the case in so many cities and towns across America.

That brings me to the proposed Hotel Clemente & Loretta's Restaurant project. While our city could surely use a nice hotel for people coming to visit and it could definitely use the revenue, I do not believe opening a hotel of this size is compatible with the rest of the restaurants and businesses on Del Mar. The proposed 28 room hotel, 106 seat restaurant, parking lot (with electric lifts), and proposed rooftop bar & lounge is just too large to be squeezed into five parcels. Because there is not enough room, the developer is asking for all sorts of concessions to try to make it work. Requesting approval to allow the architectural projections to exceed maximum height for the zoning district, requesting approval of parking demand modifications, asking for the use of noisy vehicle lifts to try to create parking, requesting approval to gobble up a historical property, so the developer has an additional space/lot are telling us that this project is too large and not compatible. It is also a business that will be operating 24 hours a day and that does not fit in with the way business is conducted on Del Mar at all.

Which brings me to another issue. This is not simply a Del Mar development. This is a Del Mar/Avenida Granada project. This development will be built from street to street.

I have not seen any mention of concern for the residents on Avenida Granada in any of the plans, articles, or Design Review Sub Committee findings. The Avenida Granada portion of this project is surrounded by residences. Let us not lose site of the fact that residents are going to be displaced by this project. Some that have been living there for well over 20 years! They are heart broken that they are being forced out of their homes and will absolutely not find comparable housing at the current rent that they are paying now. Furthermore, this project will be sandwiched between two 179
one story residences. They will suffer loss of sunlight, loss of privacy, will be subject to the noise of a 24 hour business and the parking lots (including electric lifts) will create noise right next to their bedroom windows while they sleep.

My husband and I reside at 233 Avenida Granada. We are located directly across the street from the proposed project. Our home is mentioned as one of three located directly across the street that Michael Luna used as inspiration to design the outside elevation of Hotel Clemente to match the existing neighborhood. While I have no doubt that the finished project would look esthetically beautiful, the size of the project (especially, the hotel portion of the project on Avenida Granada) do not fit in with the residential neighborhood. The noise created by the proposed, amplified music in the restaurant and roof top lounge/bar will also be played day and night. While that may be pleasing to patrons of the restaurant and hotel, it will not be by surrounding residents. We are a beach community and most of us on Avenida Granada do not have air conditioners. Temperatures are normally in the 60's -70's and we enjoy open windows and fresh, ocean air. The parking lot (with cars going in and out), proposed valet service and vehicle lifts in open carports will also create constant noise and movement, even after everything else on Del Mar has closed and the residents on Avenida Granada have gone to sleep. We all deserve free use and enjoyment of our property and this will be taken away and could have the potential to lower our property values.

If you were to take a survey asking what the biggest problem on Avenida Granada is today, traffic would be at the top of the list. There is never a parking spot available.

We jockey cars to fight for spaces, especially when we have family or friends coming to visit. Many residents do not have ample parking for their own buildings, which forces them to park on the street. Tickets are written, because many driveways are not long enough to fit residents' cars on and their cars protrude over the sidewalks.

Since Avenida Granada is located directly behind Del Mar, shop and restaurant employees park here every day and night. People who are visiting Del Mar to eat and shop use
Avenida Granada for parking; even more so now that make shift patios are taking up coveted parking spaces on Del Mar. We also deal with big truck deliveries that illegally, double park on the street to make multiple deliveries a day to restaurants.

This not only blocks the flow of traffic, it is dangerous! E-bikes, golf carts, pedestrians, Amazon, Fed Ex, postal service and trash service are all trying to get around and in between them.

The proposed Hotel Clemente and Loretta's Restaurant are going to have an impact on the already taxed parking and traffic not only Del Mar, but it will have a huge negative impact on Avenida Granada. There will need to be ample parking created for the quests of the 28 room hotel and the required staff to run it (housekeeping, valet service, maintenance workers, reception, managers, etc). Parking will also need to be provided for patrons and employees of a 106 seat restaurant (wait staff, cooks, hostesses, managers, proposed entertainment and maintenance). The proposed plans for parking do not allow for ample parking, which will most certainly negatively impact parking on Avenida Granada. Again, there is major concern in regards to multiple heavy truck and big rig deliveries during the day to the restaurant and hotel, 180
as the current parking lot proposal provides no area for them to off load their deliveries to their building(s). This causes dangerous driving conditions on Avenida Granada..

I believe that the residents on Avenida Granada have not been properly considered by the Design Review Sub Committee. I encourage the city manager, senior planner, associate planners and city council members to take a field trip to Avenida Granada on a weekday and a weekend. Walk the five lots front to back. View the two one story houses that will be directly impacted next door at 236 and 230 Avenida Granada (230 property to the back, as well). Take a good look at the parking conditions, especially on the weekend. Look to the neighboring homes and how a large scale project like this will conflict with the current residences, even if it is bright and shiny on the outside. Consider if a hotel project of this size might be better suited in another location off of Del Mar and Avenida Granada that is more conducive to scale, parking, noise near residential buildings and a 24 hour operation. Maybe a smaller, stand -alone boutique hotel that does not impose on a historical building or residents and provides ample parking for the project would be more appropriate. Maybe a 24 hour business shouldn't be run on Del Mar at all. Maybe it is more appropriate to just build a nice, new stand-a-lone restaurant (as originally planned) with ample parking for employees and patrons.

All I know is one of the five San Clemente Design Guidelines reads, "Preserve and strengthen San Clemente's unique atmosphere and historic identity as the Spanish Village by the Sea". The guidelines also state that its purpose is to ensure that every new development will carefully consider the community context in which it takes place and make a conscientious effort to develop a compatible relationship to the natural setting, neighboring properties and Urban Design Goals. I do not believe that the residential neighborhood is being considered, especially in regards to the Avenida Granada portion of the proposed development in relation to us. If approved, this project will be coming into our established neighborhood. We don't feel like we are being protected.

I ask the city council members to start directing attention to this proposed project. You are all residents who enjoy our quaint "Spanish Village by the Sea". One of you was raised here. Some of you have children who enjoy what we have been able to protect and should want to preserve that for them and the generation to come. Do you believe that the residents who you serve want to see the small, hometown feel of Del Mar start to change? If we allow big projects like this to start coming in and start gobbling up historical sites to acquire more land and space, they will open the door for those behind it. One by one, we will start to lose the gem that we have been able to preserve. All we have to do is look to Dana Point, Laguna Beach and Newport Beach to see the result. Please start asking the residents their thoughts when you are out and about. Get a feel for what they desire. This project will come to you for approval soon. Please remember that you represent your citizens, not developers.

We are asking you to approve responsible growth that protects our residents while achieving that goal.

In closing, I love San Clemente! My husband and I purchased a home here, because 181
182
San Clemente Chamber of Commerce | 1231 Puerta Del Sol, Suite 200, San Clemente, CA 92673 | (949) 492-1131 | scchamber.com June 25, 2024
Dear Planning Commission,
Included in the San Clemente Chamber of Commerce’s mission is to champion business and to strive for a healthy economy and a better quality of life in our community. With our mission in mind, this letter serves to demonstrate the chamber’s support for the Hotel Clemente project.

Every hotel room or rental property brings new visitors to town who frequent our restaurants, stores and businesses and deliversjobs to support local commerce. Since there is a shortage of hotel beds in San Clemente, business is lost to our neighboring cities of Dana Point, San Juan Capistrano, Laguna Beach and more. We also miss out on the TOT taxes which would support the costs of public safety services and other important city investments.

Another reason for our support of more hotel rooms in San Clemente is that in 2028, the summer Olympics will come to Los Angeles. Stakeholders are advocating for the surfing competition at Trestles, however there is concern about our inability to supply a substantial number of hotel rooms.

It would be highly unfortunate if another city such as Huntington Beach were selected based on this factor.

The Simms family (owners of the project) are based in Manhattan Beach and are highly involved in their community. Mike Simms owns and operates several great restaurants and other local businesses and has also served on the board of their chamber of commerce. The Simms family comes from a community of similar values to San Clemente, so we should do what we can to support them.

Finally, we acknowledge the tremendous planning that has gone into this project, which will serve as a community gathering spot and beautifully reflect and enhance San Clemente’s charm. Ultimately, the integration of the empty lots and 229’s historic building within the plans will support a thoughtful revitalization of our town.

Thank you for your consideration of this matter.

Sincerely,
Isaac Camacho
Chairman of the Board
San Clemente Chamber of Commerce
183
From: Cheri Litle
To: Lightfoot, Jonathan
Subject: Fw: From Michelle Barber
Date: Tuesday, June 25, 2024 7:08:47 PM
Hi Jonathan,
My next door neighbor originally emailed this to Chris Johnson. She did not know you took over his position, so she has asked me to forward it to you to submit to the planning commission ahead of the meeting tomorrow along with my and Dave's letter.

Thank You,
Cheri Litle
Begin forwarded message:

On Monday, June 24, 2024, 6:31 PM, michelle barber <[email protected]> wrote:

June 24, 2024
To: Chris Johnson, Senior Planner
Design review subcommittee
City of San Clemente, Ca.
910 Calle Negocio, Suite 100
San Clemente, Ca. 92673
Re: Public Hearing
Project 23-262. Conditional Use Permit (CUP) 23-264, Site Plan Permit (SPP) 23-265,
And Cultural Heritage Permit (CHP)23-263 Hotel Clemente & Loretta's Restaurant
To whom it may concern,
Hello,
My name is Michelle Barber and I live at I am
writing this letter because I will not be able to make the meeting due to a work conflict in the evening.

I feel it is important to let you know that I am opposed to the building plans in place which are in effect to start across the street from my house. Up until now we have all enjoyed San Clemente as a small quiet and safe beach town that distinguishes San Clemente from other beach towns. As I understand, this might seem like it would be good to boost the economy and tourism, I just don’t think that it is an appropriate place for this type of establishment. As a local resident I see this area already as a tight spot where there are lots of neighbors who already struggle with traffic, fast drivers up and down the street, businesses whose trash is overflowing and a lack of parking for residents. Included are additional reasons 184
why I think this would be a mistake to cram this building into this designated space:

1. Not enough parking for the proposal of a 28 room hotel and a 106 seat restaurant. Keep in mind, cars will be parking for all of the employees of the hotel, restaurant, and all of the patrons for both. We don't have enough parking as it is on Granada for residents now, as it is already used by employees who work on Del Mar and patrons of all the businesses as well.
2). Delivery trucks will also be a major hinderance to the residents who reside on Ave Granada, as the big trucks that will deliver multiple times a week have nowhere to offload their deliveries in the proposed parking lot. It will force them to illegally double park on Granada. This is a hazard, as we already deal with these big truck deliveries for other restaurants, coupled with automobiles, Fed Ex, Amazon, e-bikes, golf carts and pedestrians constantly crossing the street back and forth to get to/from Del Mar.
3). Noise.

Since this is not only a Del Mar project and will be built on Granada as well, noise will be an issue for residents. Concern is noise from proposed amplified entertainment that will be played day/night and our homes are situated directly next to and across the street. The noise from the electric car lift proposed are also a problem, as none of the residents want to hear the noise of them going up and down all day/ evening.
4). Mass of the project does not fit into the 5 lots. There are too many concessions that will need to be made. Lack of parking, it will break height ordinance, noise ordinance, asking for conditional use in residential neighborhood. Doesn't take into consideration the residents who reside on Granada, or protect their free use and enjoyment of their homes. Height and mass of the project will dominate the one story properties next door to it and the existing neighborhood on Granada.

I hope that you will reconsider the type of place being built on this address.

Thank you so much for allowing me to voice my thoughts and opinions.

Sincerely,
Michelle Barber
185
June 18, 2024
Chris Johnson, Senior Planner
Design Review Subcommittee
City of San Clemente, Ca.
910 Calle Negocio, Suite 100
San Clemente, Ca. 92673
Re: Public Hearing
Project 23-262. Conditional Use Permit (CUP) 23-264, Site Plan Permit (SPP) 23-265,
And Cultural Heritage Permit (CHP)23-263 Hotel Clemente & Loretta’s Restaurant Mr. Johnson, and members of the San Clemente City Council, My name is Dave Litle and I reside at I have several concerns about the above referenced project and its impact not only on the city, but its direct impact on my quality of life due to its proposed scale and proximity to my home.

I’m the Senior Vice President of the largest seafood distributor on the west coast servicing well over 2,000 restaurant and hotels. From family owned, small restaurants, to large national companies like Landry’s, Darden, Marriott, Hyatt, Hilton, Ritz Carlton, and so on. It is accurate to say I have a very good understanding of the impact (both positive and negative) that these businesses have on a community.

I’m confident in my estimation of the numbers of employees it takes to run a business of the scale that’s being proposed (the true number, not the minimum to try and meet parking code), the number of various vendors needed, the number of delivery trucks, the type of trucks used by broadline distributors (i.e.. Sysco, US Foods, and Shamrock) vs. the bobtails utilized by specialty distributors (i.e. meat, seafood, produce), along with the number of dumpsters and other waste management needs. My street (the street I call home; Avenida Granada) will effectively become the “back alley” for this new business.

Delivery trucks are already illegally double parking to make deliveries daily, personal property has been damaged by delivery trucks and even weekly trash pick-ups have been missed because a SYSCO truck that illegally double parks blocking the trash cans, and this is BEFORE this project even breaks ground! Yes, parking is an issue; we live at the beach (and parallel to Avenida Del Mar) so we work around it with the neighbors and the numerous current restaurant & shop employees who use the street to park because the existing restaurants & shops don’t provide for employee parking; it’s called being “good neighbors”. Our saving grace is these restaurants and their size and scale fit the neighborhood, and even with that it’s not uncommon to come home and have a car blocking your driveway (or even parked on your driveway). We deal with it.

Which brings me to the scale.

I can appreciate an artist and in this case an architect who can take a unique and challenging canvas / space and make everything “fit”. In fact after reviewing the plans the only thing that’s not been crammed into this small space is a Ferris wheel and a zipline to the pier. While I understand maximizing space for your return on investment it shouldn’t come at the expense of the surrounding businesses and the numerous residents who call this part of San Clemente “HOME” or disregard the small town feel San Clemente has guarded while growing over the years. Building parking structures with lifts (which still 186
won’t accommodate enough parking for employees and guests), no space for on premise deliveries, requesting a higher height limit than per current code, seeking a rooftop deck with amplified music with food and drink is all at the expense of the current residents. Sometimes even if something CAN be built through the creative process it shouldn’t be.

My wife and I are huge supporters of local businesses. We shop, dine and support the businesses not only on Del Mar, but all over the city. I’m not antigrowth, but I am for controlled and responsible growth.

If a new restaurant was coming to Del Mar; great. A new hotel; great, but not both. At least scale back this proposed project. This isn’t a “Del Mar” project, rather a Del Mar/Granada project and it sure feels that the last people these developers are thinking of are the people who live here and call this their home.

Mr. Johnson, I appreciate you taking the time to read my letter and I have confidence in you and your committee, in addition to the City Council, to not only do what is best for the city, but for the residents who put their trust in you.

Sincerely,
Dave Litle
187
From: Jacqueline Jensen
To: Planning Mail
Subject: In support of building Hotel Clemente
Date: Wednesday, June 26, 2024 2:05:15 PM
Hello San Clemente Planning Commission, I am writing in support of the Hotel Clemente project.

I am a newer resident of San Clemente and love living in our community. I am also a small business owner that moved my business to San Clemente and employ residents of the area. I want to see San Clemente grow and develop in a positive way, maintain financial stability and use new and existing revenue to be able to fund all the projects it needs.

While I love San Clemente today, I feel we need to have a more updated community with great restaurants and shops that make Del Mar and other areas more appealing to our residents. I am very interested in finding best ways to support positive additions to our community while preserving the integrity of the town.

I believe the Hotel Clemente will be beautiful addition to Del Mar and a much-needed boutique offering for our families that come to visit. Not everyone has a home that can host visiting families. Having a great option for guests is appealing. The design is in keeping with the style of the city and its small scale is a great fit for what we need. It will be upscale but with a welcoming warmth that San Clemente is about. The developers had a meet and greet and were open to questions and provided details. I found them positive and felt they have best intentions to design and deliver a small hotel with a great restaurant and roof deck that provides an outdoor eating experience. The builders have other amazing restaurants in Southern California and are committed to be consistent with San Clemente’s historic charm.

The hotel will provide a needed benefit for both residents and visitors to our town. We want to keep our residents spending money in our town, not seeking out restaurants and hotels out of town due to the limited offering here.

I want to see our downtown develop and become more consistent with the restaurants and shops we offer. I want to have more quality options to stay in San Clemente for dining versus feeling at times we need to leave to have more choices.

San Clemente needs to continue to grow tastefully and give residents reasons to shop & dine locally.

I feel by having the boutique Hotel Clemente, we will attract other quality businesses to consider San Clemente that have not in the past. That means more great offerings for residents and more revenue into San Clemente. Hotel Clemente and these other quality businesses will make San Clemente more attractive to future homeowners while adding value to current residents properties.

I understand that there are some concerns about change, but we are not serving San Clemente by being too limited with the growth we allow. Having a nice new boutique 188
hotel is something the city sorely needs and having a great restaurant within it will be a bonus. I have sent family and friend visitors as well as business visitors out of our town due to the limited hotel options we have now. For a community to grow and develop, we need to be open to change and welcome businesses that would like to invest in our community just as I have.

Thank you for your consideration,
Jacqueline Jensen
189
Erin H. Brown
Designer
From: Erin Brown
To: Planning Mail
Subject: Support of Clemente Hotel
Date: Monday, June 24, 2024 9:23:36 PM
Hi SC Planning!
I am a local resident and designer, I am writing to express my strong support for the Clemente hotel and its potential to positively impact our community.

Firstly, the economic growth that the Clemente hotel will bring is undeniably beneficial. The construction and operation of the hotel will create numerous job opportunities for local residents, boosting employment in the area. Additionally, the increased visitor traffic will support local commerce, providing a much-needed boost to businesses in our community. This economic growth will contribute to the overall prosperity of San Clemente. And since I have lived here (19 years), we have not had a nice hotel to send our out-of-town guest to! More than anything this will be a welcome edition, especially in its proposed location, jam-packed with local businesses on Del Mar!
Secondly, the Clemente hotel will serve as a vibrant community gathering spot. It will provide a new and exciting place where both residents and guests can come together, connect, and relax. This space will foster a sense of community and belonging, encouraging social interactions and creating opportunities for shared experiences. The hotel's amenities and public spaces will be vital in enhancing the social fabric of San Clemente.

Lastly, the design of the Clemente hotel is carefully curated by local resident and architect, Michael Luna, to reflect and enhance the unique charm of our town. Preserving the local character of San Clemente is of utmost importance, and the hotel's design aligns perfectly with this goal. Its architecture and aesthetics are thoughtfully integrated into the existing landscape, ensuring that it complements and enhances our Spanish Village's beauty. By doing so, the Clemente hotel becomes an integral part of San Clemente's identity.

In conclusion, the Clemente hotel brings numerous benefits to our community. Its contribution to economic growth, provision of a vibrant community gathering spot, gorgeous architecture and commitment to preserving our local character make it a valuable addition to San Clemente. I wholeheartedly support the development of this hotel and believe it will have a positive and lasting impact on our town.

Thank you for considering my perspective.

Sincerely,
Erin Brown
190
From: Susan Carmichael
To: Lightfoot, Jonathan; Planning Mail
Cc: Cabral, Victor; Duncan, Chris; Enmeier, Mark; Knoblock, Steve; Loeffler, Rick; Hall, Andy Subject: Proposed Hotel Clemente & Lorretta"s Restaurant Project Date: Tuesday, June 25, 2024 7:06:10 PM
My husband and I live at This project will be located directly in front of our home. We made the choice six years ago to make this the location that we would spend our retirement years. We love having access to Del Mar Street and all it has to offer. However, we have several concerns regarding this project that will directly effect our home and quality of life. These concerns are also shared by many of our neighbors.

PARKING - As you are all well aware, parking is a very big issue in the area.

There are many multi-family units with not enough parking. We regularly see employees of the many restaurants on Del Mar searching for parking on Granada. There is a daily struggle for everyone to find a place to park. And the days that street sweeper comes by it really gets chaotic. This project, as currently shown, would greatly add to the problem. Does the project include parking for it's employees? If so, is there enough for all the employees necessary to run a hotel and restaurant? What about if the restaurant & hotel are at capacity? Will there be enough for both customers and employees? DELIVERY TRUCKS - On a regular basis there are delivery trucks double parked on Granada to unload supplies for the restaurants. We have seen on more than one occasion cars, bicycles and pedestrians experience close calls going around these trucks. We realize that space behind the local restaurants does not always allow room for these trucks and they have no choice. This problem is only going to increase. Who will be held responsible if "god forbid" the worst happens and someone gets hurt. Will there be a loading dock or area set aside for delivery trucks on the project?
TRASH ENCLOSURE - We see that the trash area has walls around it and a gate. The dumpster area appears to be right out our front door. The concern is odors, insects and rodent activity coming from this area. Does it have a cover? How often will it be cleaned?
HEIGHT VARIANCES - Allowing the current height limitations to be exceeded will set a dangerous precedent. Once this is allowed what is stop the next project from accomplishing the same? The look and charm of "The Spanish Village by the Sea" that we all love and appreciate could forever be compromised.

NOISE - Although the front of the project is in a commercial area, the back is in a residential. Allowing for amplified and live music would directly impact the neighborhood. Will there be restrictions on when and how load the music will be played?
We fear that not addressing these concerns will impact the quality of life in our neighborhood. We do not want Granada to basically become a "back alley" for the businesses on Del Mar. It is already close to it becoming that as it currently is. The project is just too much for the small footprint that it sits on. We are not against the 191
project, just against as it currently designed.

Can we please have a response to our questions?
Thank you for your time.

Tom & Susan Carmichael
192
From: Keron Magness
To: Planning Mail
Subject: Support for the Hotel Clemente and Loretta Restaurant Project Date: Monday, June 24, 2024 6:46:41 PM
Dear Members of the Planning Commission,
I am writing to express my enthusiastic support for the Hotel Clemente and Loretta Restaurant project. As a member of the San Clemente community, I am deeply invested in the positive growth and development of our city, and I believe this project will bring significant benefits to our local economy and improve the overall charm of the community.

The economic growth potential of Hotel Clemente is particularly compelling. With the creation of new jobs and the influx of visitors, local businesses will experience increased patronage, fostering a more vibrant commercial environment. This kind of economic stimulation is essential for the prosperity of our city and the well-being of its residents.

Additionally, the establishment of a boutique hotel is an exciting prospect. Hotel Clemente will serve as a place where friends and family of residents can stay in comfort and luxury.

The Loretta restaurant will serve as a place where residents and visitors alike can connect, relax, and enjoy the unique ambiance of San Clemente. This new hub will undoubtedly become a beloved destination, contributing to the social fabric of our community.

Furthermore, I am impressed by the commitment of the Hotel Clemente team to preserve and enhance the local character of San Clemente. The thoughtful design that reflects our city's charm ensures that this development will be a harmonious addition to our landscape, rather than a disruptive presence.

I regret that I am unable to attend the Planning Commission hearing in person on June 26th.

However, I wanted to ensure my support for this project is noted. I am confident that the Hotel Clemente and Loretta Restaurant will be assets to our city, and I respectfully urge the Planning Commission to approve this project.

Thank you for considering my perspective. I look forward to the positive changes this development will bring to San Clemente.

Best regards,
Keron Magness
193
194
June 26, 2024
To San Clemente Planning Commission,
I am a local home owner on Esplanade and wanted to express my support for the new hotel project on Del Mar.

It will bring more jobs to the community.

It will be a great place to gather for residents and will maintain the town’s architectural character.

We need a better-quality hotel in town for families and guests. This project is very small when you look at the number of rooms with this project.

Another quality restaurant is needed along with the rooftop. We don’t have anything really like this compared to other beach towns in the area.

It will add more tax revenue for San Clemente.

Thank you for your support,
Doug McIntosh
195
From: A R
To: Planning Mail
Subject: Support for Hotel Clemente
Date: Wednesday, June 26, 2024 3:17:33 PM
I live in SW San Clemente and I'm really excited for a fresh breath of air with this development. I'm not necessarily always a pro-growth person, but this is well thought out and will improve that space on Del Mar.

Really looking forward to the following:

Areas of Del Mar are beautiful but some are in need of an uplift including this spot.

Community gathering place- would be great to have another spot in town.

Jobs for the community will be great.

This is a win win for our community and I fully support it. :) Thanks!
Andrew Russell
196
From:

To: Planning Mail
Subject: Re: Support for Hotel Clemente
Date: Wednesday, June 26, 2024 5:06:15 PM
My email was based on public access to the rooftop. I just read the documentation that neighborhood residents wouldn't have access. That is a deal breaker for me personally. So please work to make that a requirement with the developer/owner or I'm out as a supporter.

Thank you!!!
Andrew Russell
On Wed, Jun 26, 2024 at 3:17 PM A R > wrote:

Really looking forward to the following:

Areas of Del Mar are beautiful but some are in need of an uplift including this spot.

Community gathering place- would be great to have another spot in town.

Jobs for the community will be great.

We are getting better and I believe this establishment should help other nice restaurants come to the area.

This is a win win for our community and I fully support it. :) Thanks!
Andrew Russell
197
198
noise, dwarfing and overtaking neighbors’ homes on either side of project, and of course traffic and deliveries), 99% of those issues stem from cramming too much into too little space AND of course, parking. 35 spaces with lifts or not simply will not work. At the meeting Wednesday June 26th when the applicant was asked how many employees the property would require the answer of “12” was given. I don’t believe that number is even remotely accurate and if pressed I believe the applicant would say “I thought that the question was in response to the hotel only.” Here’s a more realistic projection:

Restaurant (as proposed)
1 GM ( or asst. GM on duty)
2 Hostesses
4 Bartenders
2-3 Cocktail servers
6 servers (I’m not including the proposed basement private dining room)
2 bussers/expeditors
1 Kitchen manager (or equivalent of a sous chef)
4-5 line cooks (stations)
1 dishwasher
23-25 employees
Hotel (as proposed)
1 GM/manager
2 check in/check out representatives
1 bell hop
3 valet attendants
1 maintenance / janitor
1-2 housekeepers
1 security person
10-12 employees
TOTAL (conservatively) 33 – 37 employees to run this operation as is (and expect 25-50% more during the first couple of months for grand opening and working the kinks out).

So that put’s us back to what commissioner Crandall brought up at the meeting; 35 spots are not sufficient to support the property as proposed. Hotel guests and employees alone are going to 61 to 65 spots (and neither of these groups are 2-3 hour parkers) before the restaurant customers are even factored in.
199
200
7/27/27
Jonathan Lightfoot
City of San Clemente /City planner
Re: Project 23-262 / CUP 23-264 – Hotel Clemente & Loretta’s Restaurant Mr. Lightfoot and members of the planning commission,
Thank you for your time and consideration at last night’s public hearing. It was a late night for all of us, but I believe the outcome was correct based on the many questions surrounding this proposed project.

Many of my questions and concerns remain and it’s comforting to know that they are shared and questioned by the planning commission.

Per my previous letter dated June 18, 2024 and my public statement June 26, 2024 I’m in the distribution business and service well over 2,000 customers in multiple states so hearing the “plan” for deliveries from the applicant it was difficult for me to sit there and not be able to lend my expert input, however I understand and appreciate the process so thought it best to share it with the committee at this time.

DELIVERIES
When the concern and question of deliveries came up utilizing large tractor trailers (Sysco) somehow the picture of the “sprinter van” became the conversation as an alternative form of distribution. I believe based on the drawing of the van inclusive of windows it was being shown as an alternative for short parking by offering a shuttle service, but instead the applicant when questioned said it could be used as a pickup vehicle for product, and maybe meeting a larger delivery truck at a remote location. Gentlemen, this is not realistic or practical. Here’s some information to review:
• A restaurant and Hotel have more than one vendor; in fact, they have several:
1) A Broadliner supplies everything from dry goods, canned products, frozen products, paper goods, and fresh and frozen proteins. They typically use tractor trailers for efficiency. They do have Box Trucks (bob tails) that range in size from 16’ to 24 and will utilize these in tighter spaces “if” they can maximize them. Some do have vans, but these are typically called “hot shots” and used for same day emergency or recovery orders and not for ongoing business. They’re simply not profitable as the more customers you get on one truck the better. Broadliners typically service 3-4 times per week, but up to 6 days when they hit the required volume or other parameters.

Broadliners: Sysco, US Foods, Shamrock, Vitco
2) Specialty distributors. These are your fresh meat, seafood, produce, linen, etc. “Most” restaurants and hotels have at least one of each and more realistically 2, so they have redundancy and create a competitive process to garner the best price. So, here’s another 4-8 vendors. These vendors utilize Box Trucks (bob tails) which are typically 16’ – 20.’ 201
3) Beer distributors. They deliver bottled and keg beer and due to the bulk of the product they cube out quickly, so they utilize tractor trailers.
4) Wine and Liquor distributors. These companies usually use box truck (bob tails) What I’m hoping to express to the committee is that it’s not one delivery a day, it’s much more like 6-10 vendors per day and busier towards the weekend (Wed through Saturday). That’s just the volume.

Now comes the pipe dream that all deliveries can be done on premises. The city engineer explained that vehicles would need to make a 3-point turn in order to navigate within the property, and in fact it’s so tight, they would insist on “professional” valets to move the cars around. It’s virtually impossible to take deliveries on premises (Box trucks or even sprinter vans). That’s “real world” and not theoretical.

My suggestion and following the train of thought the commission adopted last night; rather than waiting for the plan to fail when they become operational and restrictions might be imposed, ask the applicant to supply the commission with a list of current vendors by name for active locations, and what equipment they are currently using to service their locations. I’d also ask if they have delivery time restrictions at any of their other locations, and what time those locations receive their deliveries. This is a fairly simple process and in fact should safeguard the applicant from issues down the road.

PARKING
“IF” parking is not an issue it sure was talked about alot last night. I truly can’t believe that during the design process that parking became negotiable; it never should have been. When the applicant overbuilt for the space (28 rooms and what appears to be a moving number of restaurant seats) the direction should have been that’s all fine as long as you have adequate parking to support the scale. Now to turn around and request a CUP for a reduction in parking and that’s AFTER the suggestion of car lifts, I simply can’t get my head around how the mathematics work. 28 rooms, 130 restaurant seats (5 to 1 = 26 cars) that’s 54 parking spaces before you add the comical assertion that the property can run on 12 employees (that’s the number the applicant sighted). You can talk about feasibility studies all you want, the coming and going of cars, or walking for an “ice cream after dinner” the number of parking spaces will not support the need of this new property. If the CUP is granted for parking the City of San Clemente is simply kicking the can down the road for future issues with this property and the residents in this area.

As for the consultant and the gold standard being used to support the reduction it reminds me of a very applicable quote:
“Get your facts first, then you can distort them as you please.” – Mark Twain My offer to the commissioners? Come to my place any Saturday around 4 pm and sit in my driveway and watch the traffic and parking BEFORE this project. You’ll likely need to UBER or ride your e-bikes, but I’d welcome the opportunity to see for yourself on a typical weekend. Want to have a real hoot? Come over July 4th! You’ll see firsthand what parking is all about on Granada and how creative nonresidents get in squeezing a car in.
202
The commission also had concerns about the lifts. This was noise, dependability, backup plan, etc. After listening to this and knowing there’s no back-up plan (as there’s not enough parking to begin with) here’s one more thing to add to the list of concerns: SDGE. Several times over our time living here we’ve received notices of planned outages, then there’s the unexpected outages. What’s the plan for the lifts then? How much auxiliary power is the applicant planning for the 20 lifts should the power go out? After listening to the issues at the Ole Hanson Beach Club and 24 Carrots and the neighbors last night it felt like I was looking into my future, if this project is allowed to proceed as requested by the applicant. I understand that the commission has limitations to the actions that they can take but I’m putting my trust and support in you holding the applicant accountable before they move in.

Dave Litle
203
July 1, 2024
Lynn and Matthew West
June 25, 2024
Planning Commission
City of San Clemente
910 Calle Negocio, STE 100
San Clemente, CA 92673
Regarding Hotel Clemente & Loretta’s Restaurant (PHP 23-262), Dear Members of the Planning Commission,
After attending last week’s planning commission public hearing for Hotel Clemente and Loretta’s Restaurant at 225-229 Avenida Del Mar and 232-234 Avenida Granada, we are following up to thank you for listening to the concerns of the community and your genuine consideration of all sides. It gives us confidence in the system to witness how it works. Coming out of the meeting, some additional concerns were brought to light, but not addressed.

Parking, Traffic & Deliveries:

With a staff of three people, it could take10 minutes per car, if cars need to be swapped from top to bottom on the lifts and there is no place to turn around. If 10 rooms are checking in during that time and 20 cars arrive for dinner, the place would be backed up into Granada and quite honestly, most people would give up and just park on the street, taking up additional spaces. The same can be expected at check-in time, during breakfast/brunch and deliveries.
204
The hydraulic lifts themselves pose an additional concern. Where is the auxiliary power housed in the event there is of a power outage, planned or otherwise? Are large, noisy generators the solution? For that matter, has the electrical plan been reviewed/approved yet? There are 220V and 440V lifts that use heavy amperage. We assume someone has looked into the impact on a pretty dated already taxed electrical grid.

Community:

Noise:

Mr. Simms seemed confident that the car lifts would not pose a noise concern.

As an aside, it has been brought to our attention that Michael Luna has arranged a private meeting with the Planning Commission on July 1. The neighbors of Avenida Granada would appreciate the courtesy of a meeting as well. We are willing to designate 1-2 representatives, if need be, in order to 205
make the meeting as productive as possible. We also invite any of you to walk the site and/or come to our homes to understand our perspective.

Thank you for carefully considering our viewpoint on this crucial matter. We look forward to your thoughtful deliberation and decision.

Sincerely,
Lynn and Matt West
206
July 30, 2024
Planning Commission
City of San Clemente
910 Calle Negocio, Suite 100
San Clemente, CA
RE: Hotel San Clemente & Loretta’s Restaurant
ATTN: Jonathan Lightfoot and Planning Commissioners
We attended the Planning Commission’s meeting on June 26. We were very impressed in the way that the Commission evaluated and discussed each agenda item. We also thought that the design concept for the above project is beautiful and will make a great addition to downtown San Clemente. However, the way that it is currently designed, attempting to include a hotel, restaurant, bar and rooftop bar as well as parking for customers and employees in the footprint of the project is riddled with problems. There are many issues to take into consideration regarding parking and noise that have not been adequately addressed.

PARKING:

NOISE:

There are a couple of things to consider regarding the additional noise that will be created by this project. This first being the restaurant and bar patrons leaving as late as 2:00 am. If they have parked in valet this will be the noise from the car lift, any conversations and car doors slamming. During the summer months especially windows are left open at night. As we live directly across the street from the project believe me when I say this will be very intrusive. The thought of this happening every weekend forever is daunting. 207
Second item regarding noise is the rooftop bar. Even if it is just back ground music it will be heard. As with any bar, as the evening goes on talking gets louder and louder. Once again, especially in the summer months, windows are left open. This would mean if we are in our living room enjoying television there would be the constant distraction of the noise coming from the roof top. Noise travels well and far in this neighborhood.

DELIVERY TRUCKS:

Sincerely,
Tom & Susan Carmichael
208
From: Mark Olson
To: Planning Mail
Subject: Hotel Clemente
Date: Thursday, June 27, 2024 9:24:31 AM
I am in favor of this project going forward.

Olsons
209
June 26, 2024
To San Clemente Planning Commission,

I am a local home owner on Esplanade and wanted to express my support for the new hotel project on Del Mar.

It will bring more jobs to the community.

It will be a great place to gather for residents and will maintain the town’s architectural character.

We need a better-quality hotel in town for families and guests. This project is very small when you look at the number of rooms with this project.

Another quality restaurant is needed along with the rooftop. We don’t have anything really like this compared to other beach towns in the area.

It will add more tax revenue for San Clemente.

Thank you for your support,
Doug McIntosh
210
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: October 15, 2024 Agenda Item: 9A.

Submitted By: Community Development
Prepared By: Danielle Sorahan, Code Compliance Manager
Subject:
..titl e
UPDATE ON SIDEWALK VENDING ENFORCEMENT ..body
Fiscal Impact:

None to receive and file this report.

Summary:

On August 20, 2024, staff presented a report to the City Council regarding sidewalk vending enforcement and impoundment practices in other Southern California cities. A copy of that report is provided as Attachment 1. Following that presentation, the City Council requested staff to actively monitor sidewalk vending-related complaints and return in two months with an update on findings and actions taken. This report outlines the data collected and enforcement actions conducted by the Park Rangers and Code Compliance Division from August to September 2024.

Background:

Due to the growing number of complaints regarding sidewalk vending, the City Council sought a comprehensive review of current enforcement practices. This report details the measures taken by the Park Rangers and Code Compliance Division to address sidewalk vending issues during the monitoring period. It highlights enforcement actions and complaint data to provide an overview of the City's efforts in ensuring compliance with local regulations between August and September of 2024.

Total Complaints submitted to Code Compliance:
 August: 6 complaints were received. A few of these complaints related to the same political merchandise vendor who holds a valid permit.
 September: 5 complaints were received, reflecting a slight decrease. This decrease may be attributed to seasonal trends or increased proactive monitoring efforts by Park Rangers and Code Enforcement staff.

Code Enforcement Cases Resulting from Complaints Received:

The Code Compliance Division processed five cases related to sidewalk vending during the reporting period. The table below summarizes the details of these cases:
211
Meeting Date: October 15, 2024 Agenda Item: 9A.

CITY OF SAN CLEMENTE 2
Date Case
Number
Location Incident
Type
Outcome
08/05/2024 CE2024-
0431
638 Camino De
Los Mares
Sidewalk
Vending
Compliant/Closed
08/11/2024 CE2024-
0445
638 Camino De
Los Mares A
Sidewalk
Vending
Compliant/Closed
08/18/2024 CE2024-
0462
638 Camino De
Los Mares A
Sidewalk
Vending
Administrative
Citation
09/08/2024 CE2024-
0521
625 Avenida Del
Mar
Sidewalk
Vending
Compliant/Closed
09/29/2024 CE2024-
0584
1802 N El Camino
Real
Street
Vending
Compliant/Closed
Park Ranger Enforcement Actions:

The Park Rangers were involved in 10 enforcement actions during the reporting period. These actions either stemmed from violations encountered while on patrol, or occurred as a result of assisting Code Enforcement staff with sidewalk vending matters. The table below outlines these enforcement activities:

Date Location Incident Type Outcome
08/03/2024 Jim Johnson Park Food Vendor Warned
08/16/2024 Post Office on Pico Assisted Code with Food
Vendor
Assisted Code
Enforcement
08/24/2024 Pier Political Merch. Vendor Warned
09/01/2024 Vista Hermosa
Sports Park
Food Vendor Warned
09/04/2024 Pier Political Merch. Vendor Warned
09/07/2024 Pier Political Merch. Vendor Warned
09/15/2024 Max Berg Park El Cariso Village
Collecting Donations
Correction Notice
09/23/2024 North Beach Taco Truck Warned
09/24/2024 North Beach Taco Truck Assisted Code
Enforcement with
Citation issuance
09/29/2024 Vista Hermosa
Sports Park
Food Vendor Warned
Discussion:

Staff has had success with the existing regulations and will continue to monitor the situation. If more illegal sidewalk vending occurs or staff is no longer successful, staff will return to the City Council with more enforcement options, up to and including a new program and municipal code amendment for confiscation of carts.
212
Meeting Date: October 15, 2024 Agenda Item: 9A.

CITY OF SAN CLEMENTE 3
Council Options:
• Receive and file this report.
• Continue the Item with direction to provide additional information. • Provide specific direction to City staff for further action.

Environmental Review/Analysis:

This is not a “project” as defined by the California Environmental Quality Act.

Recommended Actions:

Staff recommends that the City Council receive and file this informational report.

Attachments:

1. Agenda Report Entitled, “Sidewalk Vending Enforcement and Impoundment Practices Review,” dated August 20, 2024.

Notification:

None.
..recommendation
..end
213
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING

CITY OF SAN CLEMENTE
Meeting Date: August 20, 2024 Agenda Item: 10A
Submitted By: Code Compliance Division
Prepared By: Danielle Sorahan, Code Compliance Manager
Subject:
..titl e
S..bodyIDEWALK VENDING ENFORCEMENT AND IMPOUNDMENT PRACTICES REVIEW Fiscal Impact:

None to receive and file this report.

Summary:

At its meeting on July 24, 2024, the City Council directed staff to review and provide information on the enforcement and impoundment practices related to sidewalk vending in other Southern California cities. This report highlights key findings from Anaheim, Long Beach, Fontana, Orange, and Lake Forest, providing insights to guide San Clemente in addressing public health and safety concerns related to sidewalk vending.

Background:

Due to an increase in complaints and challenges related to sidewalk vending, the City Council initiated this review to identify effective enforcement practices that safeguard public health and safety while addressing community concerns and maintaining compliance with state law. The City currently enforces sidewalk vending operations under San Clemente Municipal Code (SCMC) Chapter 5.50, Sidewalk Vending. A copy of this Chapter is provided as Attachment 6 to this report.

The SCMC provides robust regulations on sidewalk vending in terms of permits required, locations for where vending is allowed, and administrative fines ranging from $100 to $500 per violation of SCMC Chapter 5.50. However, existing regulations do not provide a mechanism for impoundment of vending equipment. Additionally, current resources do not provide the necessary staffing or equipment needs to accommodate the creation of such a program.

Discussion:

The analysis for this report involved examining ordinances and enforcement practices across selected municipalities whose sidewalk vending ordinances contain impoundment procedures.

Staff focused on how these cities address challenges related to fines, impoundment, retrieval processes, and appeals. A common strategy observed was collaboration with County Health Departments to bolster enforcement efforts.

Conversations with enforcement officers from various cities provided insights into operational challenges and considerations. Attachment 1 includes a comprehensive comparison matrix that highlights key enforcement practices, which could serve as a potential framework for adaptation in San Clemente.
1 ATTACHMENT 1
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Meeting Date: August 20, 2024 Agenda Item: 10A

CITY OF SAN CLEMENTE
Attachments 2 through 5 provide the municipal codes related to sidewalk vending from the other jurisdictions reviewed in this analysis. The following points summarize issues for City Council consideration:

A. Fines and Penalties:

Each city employs a tiered fine system for violations. Fines start at $100 for the first violation with a valid permit and escalate to $500 for subsequent offenses. For vending without a permit, fines begin at $250, increasing to $1,000 for repeated violations. This system is intended to encourage compliance and deter persistent violations.

B. Impoundment Procedures
Impoundment is generally triggered by safety violations, lack of proper permits, or noncompliance after warnings. Anaheim and Fontana implement immediate impoundment for items posing health or safety hazards, whereas Long Beach focuses on educational enforcement and has not yet begun impounding carts.

C. Retrieval Processes
Vendors are required to provide proof of ownership and pay fees to retrieve impounded items, with retrieval periods ranging from 30 to 90 days. Perishable goods are disposed of immediately if they cannot be stored safely.

D. Appeals Mechanisms
Each city provides an appeals process for contesting fines or impoundments. Appeals must be filed within a specific timeframe, typically ranging from 10 to 30 days. Hearings allow adjustments to issued fines based on factors such as the vendor's ability to pay.

E. Operational Considerations
Effective enforcement requires dedicated personnel, typically involving at least two officers on-site for cart retrieval and loading. The use of trucks equipped with lifts is essential for safely handling carts, and flatbed trucks may also be necessary for transportation. Secure storage facilities must accommodate both perishable and non-perishable goods, utilizing organic bins for perishables and dismantlers for processing unclaimed carts.

F. Enforcement Challenges
One of the primary challenges is vendors returning to their previous locations shortly after impoundment, making enforcement efforts more complex. This cycle of re-establishing operations quickly undermines enforcement actions. Additionally, the lack of proper identification among vendors hinders the ability to issue administrative citations effectively.

These issues are consistent with challenges faced by other Southern California cities, where enforcement agencies often encounter similar patterns of non-compliance and difficulty in sustaining enforcement measures over time. 2152
Meeting Date: August 20, 2024 Agenda Item: 10A

CITY OF SAN CLEMENTE
Council Options:
• Receive and file this report.
• Continue the Item with direction to provide additional information. • Provide specific direction to City staff for further action.

Environmental Review/Analysis:

This is not a “project” as defined by the California Environmental Quality Act.

Recommended Actions:

Staff recommends that the City Council receive and file this informational report. ..recommendation
..end
Attachment:

1. Matrix-Sidewalk Vendor Cart Impoundment and Enforcement Practices Comparison

2. City of Fontana Municipal Code- Sidewalk Vending Sec. 15-818

3. City of Long Beach Municipal Code- Chapter 5.73 Sidewalk Vendors

4. City of Anaheim Municipal Code-Chapter 4.52 Solicitors and Sidewalk Vendors

5. City of Lake Forest 2024 Ordinance Sidewalk Vending Impoundment

6. SCMC Chapter 5.50, Sidewalk Vending
Notification:

None
2163
Attachment 1 Matrix – Sidewalk Vending Enforcement and Impoundment Comparison City Enforcement Authority Storage Duration Retrieval Process Fines and Appeals Miscellaneous Anaheim Code Enforcement Officers, Police Officers 90 days for non- perishable items; perishables disposed of immediately Vendors must claim items within 90 days, providing proof of ownership and payment of fees Fines: $100-$500 for violations with a permit; $250-$1,000 for vending without a permit. Appeals: Must be filed within 10 days of impoundment. Administrative hearing available for disputes. Vendors frequently operate in resort areas, where over 200 carts have been impounded in the last three months. Enforcement hours 7:30 am- 2:00am. Long Beach Code Enforcement Officer 90 days Vendors must present proof of ownership and pay removal and storage costs within 90 days Fines: $100-$500 for violations with a permit; $250-$1,000 for vending without a permit. Appeals: Must be submitted within 30 days. No deposit required for administrative hearings. Long Beach's sidewalk vending enforcement is under the Business Licensing Department, which has a dedicated officer for enforcement. Currently focused on educational enforcement and compliance. Fontana Code Enforcement Officers, Police Officers, and private contractors 30 days Vendors need to provide proof of ownership and pay applicable fees within 30 days to retrieve items Fines: $100-$500 for violations with a permit; $250-$1,000 for vending without a permit. Appeals: Must be filed within 15 days. Additional $232 hearing fee applicable. Fontana uses private contractors for enforcement, providing flexibility and additional resources to manage vending activities. 4

DI II II I
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Attachment 1 City Enforcement Authority Storage Duration Retrieval Process Fines and Appeals Miscellaneous Orange Code Enforcement Officers, Police Officers, Firefighters 30-60 days for non- perishable items; perishables disposed of immediately Items must be claimed within 30-60 days, with written authorization required for third-party retrieval Fines: $100-$500 for violations with a permit; $250-$1,000 for vending without a permit. Appeals: Must be requested within 21 days. Successful appeals may result in a refund of fees. Vendors must pay $710.00 to retrieve impounded items after the holding period. Lake Forest Code Enforcement Officers 30 days Vendors must claim items within 30 days, providing proof of ownership and fee payment Fines: $100-$500 for violations with a permit; $250-$1,000 for vending without a permit. Appeals: Must be filed within 15 days. Hearings set within 60 days of filing. Lake Forest is hiring security officers to patrol high-traffic areas, serving as a deterrent for illegal vending. 5

DI II I
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Created: 2024-06-20 16:29:50 [EST]
(Supp. No. 59)

Page 1 of 11 ends

San Clemente City CouncilOctober 15, 2024

San Clemente City Council
October 15, 2024