Att 1 - Resolution No. 24-158.docx — San Clemente City Council, October 15, 2024

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: IN-FILL 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 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 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 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:

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

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-the-Sea”, 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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, 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.” The proposed project complies with zoning regulations (for the MU3.0 and MU3.3 zone, as applicable), in that:

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 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 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 The proposed buildings and structures meet setbacks of the zone; and The project proposes a FAR of .85, where 1.00 is the maximum; and The project proposes a lot coverage of 67.9 percent where 100 percent is the maximum.

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

The project is proposed entirely within the property; and All required parking for the project is provided on site and creates room for two new public parking spaces on Avenida Del Mar; and The trash enclosure is fully enclosed and serviced from Avenida Granada; and Pedestrian connectivity in the neighborhood is improved with the construction of a sidewalk that connects Avenida Granada and Avenida Del Mar; and Public views to the historic resource and character defining features are enhanced with the remodel to the historic resource’s 1980s addition; and 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 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 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 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 The roof deck is designed with a wall for the area closest to Avenida Granada to contain noise generated by guests.

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

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

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

The proposed project is in conformance with the Secretary of the Interior’s Standards for the Treatment of Historic Properties and City’s Design Guidelines to substantially further the City’s goals of historic preservation, in that:

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 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 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 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 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 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 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.” The proposed project preserves to the extent feasible the character-defining features, in that:

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 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 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.

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

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:

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

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

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-the-Sea”, 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 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 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 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 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 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 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 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. 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 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 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 The project will construct a public walkway which 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 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 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 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. 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 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.” The proposed project complies with zoning regulations, in that:

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 restaurant seating limitation as addressed within Condition of Approval 4.15; and 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 The proposed buildings and structures meet setbacks; and The project proposes a FAR of .85, where 1.00 is the maximum; and 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:

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

The project is proposed entirely within the property; and All required parking for the project is provided on site; and The trash enclosure is fully enclosed and serviced from Avenida Granada; and Pedestrian connectivity in the neighborhood is improved with the construction of a sidewalk that connects Avenida Granada and Avenida Del Mar; and Public views to the historic resource are created with the remodel to the historic resource’s 1980s addition; and 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 The proposed hotel and restaurant uses are compatible with the General Plan and Coastal Land Use Plan as visitor-serving uses; and 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 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 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 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:

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-the-Sea”, 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 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; and 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 The roof deck is designed with a wall for the area closest to Avenida Granada to contain noise generated by guests; and 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:

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:

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

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 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 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 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 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 1-10; and 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 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 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:

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:

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 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.”; and 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 LU-11.02, 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 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 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 year-round overnight tourism, as well as to programs and projects that promote seasonal or day-trip tourism.”; and 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; 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 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 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 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 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 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 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 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 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 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 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.” The site is suitable for the type and intensity of use that is proposed, in that:

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 The project remains below the height of the zone, with encroachments allowed through a Conditional Use Permit; and The proposed buildings and structures meet setbacks; and The project proposes a FAR of .85, where 1.00 is the maximum; and The project proposes a lot coverage of 67.9% where 100% is the maximum; and The trash enclosure is fully enclosed and serviced from Avenida Granada in the parking area; and 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.

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:

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

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 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 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 The trash enclosure is fully enclosed and serviced from Avenida Granada; and Pedestrian connectivity in the neighborhood is improved with the construction of a sidewalk that connects Avenida Del Mar and Avenida Granada; and The proposed uses are compatible with the General Plan and Coastal Land Use Plan as visitor-serving uses; and 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 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 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 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 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 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 The roof deck is designed with a wall for the area closest to Avenida Granada to contain noise generated by guests; and Privacy is provided to the neighboring property to the northeast with a 13.5 foot setback and no balconies are proposed along this elevation.

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

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 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:

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 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:

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 The outdoor dining is located along the street frontage, at-grade, and will not encroach into the public or on-site parking areas; and The outdoor seating is at-grade and will not exceed the 33-foot height for the MU3.0/3.3 zones; and 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:

The courtyard seating will close at 10:00 pm on Sunday through Thursday and 11:00 pm Friday through Saturday; and 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 The roof deck is designed with a wall for the area closest to Avenida Granada to contain noise generated by guests; and 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:

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:

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, 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 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 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 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.

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

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 The project remains below the height of the zone, with encroachments allowed through a Conditional Use Permit; and The proposed buildings and structures meet setbacks; and The project proposes a FAR of .85, where 1.00 is the maximum; and The project proposes a lot coverage of 67.9 percent where 100 percent is the maximum; and The trash enclosure is fully enclosed and serviced from Avenida Granada in the parking area; and 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:

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

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 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 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 The trash enclosure is fully enclosed and serviced from Avenida Granada; and Pedestrian connectivity in the neighborhood is improved with the construction of a sidewalk that connects Avenida Del Mar and Avenida Granada; and The proposed uses are compatible with the General Plan and Coastal Land Use Plan as visitor-serving uses; and 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 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.

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 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 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 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 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 The roof deck is designed with a wall for the area closest to Avenida Granada to contain noise generated by guests; and 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; 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 The project will result in the creation of one additional public parking spaces on Avenida Del Mar; and The City already recognizes the shared nature of parking in the CB Overlay, reducing parking standards for certain uses like retail and restaurants; and 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 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 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) 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 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
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

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

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 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) Public Works
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:

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.

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 3.10

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

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 (refer to https://www.waterboards.ca.gov/water_issues/programs/stormwater/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; 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/programs/stormwater/), a final Water Quality Management Plan (WQMP) must be recorded with the Orange County Recorder’s Office and filed with the City; and 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*
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
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 double-detector 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 4.10

4.12 4.13

4.14 4.15

4.16 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 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:

Sheets H3.1, H3.2, H3.3 annotations and keynotes, at a minimum, shall be added to the project plans:

Annotations for every existing and proposed window keyed to a window schedule.

Annotations for every existing and proposed door keyed to a door schedule.

Annotations for every extant historic feature with keynotes indicating the methods and means for rehabilitation in accordance with the Standards.

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.

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.

Sheet H2.2 · Annotation with keynote to indicate existing chimney will be retained in place and repaired in accordance with the Standards.

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 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:
50% completion
90% completion
100 % completion
Pre-Construction
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).

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.

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.

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 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
The applicant shall rehabilitate the Antoinette Apartments according to the Standards.

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.

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.

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
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.

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.

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 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:

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.

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
**
Public Works
Planning **
Planning **
Planning **
Planning **

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
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 performance in accordance with design specifications. (SCMC Section 13.24.120) Utilities

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 7.5

7.6 7.7

7.8 7.9

7.10 7.11

7.12 7.13

7.14 7.15

7.16 7.17

7.18 7.19

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

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 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
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 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. 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
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Planning Public Works**
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*
Denotes a modified Standard Condition of Approval
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Denotes a project-specific Condition of Approval
Resolution No. 24-158 Page 2
ATTACHMENT 1
Resolution No. 24-158 Page 2
Exhibit A
Resolution No. 24-158 EXHIBIT A

San Clemente City CouncilOctober 15, 2024

San Clemente City Council
October 15, 2024