CITY OF SAN CLEMENTE
MINUTES OF THE REGULAR MEETING
OF THE ZONING ADMINISTRATOR
JANUARY 23, 2025
San Clemente City Hall
First Floor Community Room
910 Calle Negocio
San Clemente, California 92673
1. CALL TO ORDER
Zoning Administrator (ZA) Adam Atamian called the Regular Meeting of the City of San Clemente Zoning Administrator to order on January 23, 2025 at 3:03 p.m. The meeting was held in the First Floor Community Room of City Hall, 910 Calle Negocio, San Clemente, California.
Staff Present: Adam Atamian, Zoning Administrator
Brendan Hanley, Contract Planner
Zach Rehm, Principal Planner
Tamara Tatich, Administrative Assistant
2. MINUTES
A. Minutes from the Zoning Administrator Regular Meeting of December 19, 2024.
ZA Atamian received and filed the minutes for the regular meeting of December 19, 2024.
3. ORAL AND WRITTEN COMMUNICATION
None.
4. PUBLIC HEARING
A. Public Hearing Project (PHP) 24-568, Delabar Residence, 143 Calle Cuervo
A request for the Zoning Administrator to approve a first and second floor addition to increase the floor area of an existing single-family residence by about 500 square feet and to push out the 2nd floor balcony. The residence is within Tract 8185, which is within the Presidential Heights II Planned Residential Development (PRD). This request includes an amendment to the entitlement for the Tract 8185, allowing additions and alterations to building footprint within a given parcel in this tract.
The Zoning Administrator will also consider whether the project is Categorically Exempt from the requirements of the CEQA pursuant to CEQA Guidelines § 15301 (Class 1: Existing Facilities).
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Minutes of the Zoning Administrator Regular Meeting January 23, 2025 Page 2 Contract Planner Brendan Hanley summarized the staff report and introduced the applicants on the project; property owner Geoff Delabar, and the architect Greg Jordan.
ZA Atamian asked questions of staff, which Principal Planner Rehm clarified that the Section 3 findings of the resolution are adequate for a Development Permit approval, but Section 4 findings would be required to amend the entire PRD.
Contract Planner Hanley summarized the public comments and letters received expressing concerns for: architectural consistency, privacy, views, lighting, community character, encroachment into common space, and railing design. All comments and letters have been provided to Zoning Administrator for review.
ZA Atamian thanked staff and opened the public hearing by asking the applicant if they would like to make a presentation.
Applicant and owner Geoff Delabar emphasized the importance of maintaining community character and privacy, and highlighted similar modifications in the neighborhood and no expected negative impact.
Architect Greg Jordan pointed out examples of similar approved modifications, and stressed the design’s compliance with community standards and lack of impact on views.
ZA Atamian noted that these examples were not all in Presidential Heights II, and could not verify they were permitted. He then opened the floor to public comments:
Susan Mazzarella: Neighbor to property opposed project and requested clarification on the plans being evaluated, and expressed concerns about differences between plans reviewed at City Hall and HOA-approved plans.
ZA Atamian clarified that the plans being seen on display are the same as the plans in the ZA meeting packet, and the ones provided by the HOA.
ZA Atamian further clarified that consistency between what was presented to the HOA and the submittals to the City is the burden of the applicant.
ZA Atamian advised that all that is in the Zoning Admnistrator’s purview is what has been submitted for approval for the public hearing that is attached to the staff report. ZA Atamian suggested that Ms. Mazzarella to review the plans that were provided for public viewing and that he would allow an additional two minutes for comments be made at the end.
Maryann Barr: Neighbor and original member of HOA architect committee voiced concerns about noise, privacy, lighting, and inconsistencies in the plans; and noted the railing not being uniform with DRAFT
Minutes of the Zoning Administrator Regular Meeting January 23, 2025 Page 3 the rest of the community. Ms. Barr stated that the committee denied the project but was overrruled by the board.
Matt Plaxton: Serves as general council representing Presidential Heights II HOA. Confirmed accurate representation of association’s position in staff report, and highlighted the board’s conditional approval and desire for involvement in PRD amendments. Mr. Plaxton confirmed that the committee denied the original application, which was later appealed to the Board of Directors, where it was approved with conditions.
The Association Board does not oppose the recommendation to approve the project in the staff report; however there is a concern with amending the PRD in that the Board would prefer to work with the City staff to determine any amendments to the agreement.
Carol Glasheon: Longtime resident and former architectural committee member, raised concerns about property demolition without permits, asbestos testing, and potential termite issues. Emphasized adherence to original community plan from 1970s and opposed the project's impact on community character and noise levels.
Ilsa Berke: Former board member and architectural committee participant, raised concerns about the scope of the project and lack of oversight, and highlighted the need for professional advice and supervision in that no one on the Board is an architect.
Susan Mazzarella (continued): Raised issues about demolition of a common party wall which resulted in wall being left exposed to elements for nine months. Expressed displeasure with HOA not addressing or enforcing CC&Rs as it relates to written agreements between property owners sharing walls. Ms. Mazzarella stated there have been no agreements to the modifications to the common wall they share, and that she and her husband would like to be included in the process. Ms.
Mazzarella stated concerns that their privacy from the proposed balcony are impacted. Emphasized the importance of respecting the original design and privacy of neighboring properties.
Joseph Mazzarella: Expressed concerns about the shared wall and the impact of flipping the floor plan. Stressed the importance of maintaining privacy and minimizing shared living spaces. Stressed concerns about privacy and the impact on shared living spaces. Mr. Mazzarell expressed the risk of setting a precedent for similar modifications affecting the entire association. Highlighted the issue with the proposed front balcony overlooking the courtyard.
ZA Atamian stated that he reviewed the report and documents, had visited the site and is familiar with the development; and clarified that the request is to modify an existing building previously approved through entitlements; DRAFT
Minutes of the Zoning Administrator Regular Meeting January 23, 2025 Page 4 and that the current process to request an amendment to a previously approved entitlement is through the development permit process.
ZA Atamian stated that Attachment 3, page 5 of 6 is a “Neighbor Awareness Form” that is signed by neighbors that serves as notification form. ZA Atamian asked the applicant if there is a form for the neighbors’ approval. Mr. Delabar stated not to his knowledge and that he is just supposed to make his neighbor aware of the project. Mr. Delabar stated that Mr. and Ms. Mazzarella gave input to the design and modifications were made from that feedback on the back deck to satisy their concerns.
A neighbor stated the requirement for neighbors' awareness and signatures for architectural applications, emphasizing it's a notification, not an approval.
ZA Atamian acknowledged the necessity of proper notice within 300 feet of the subject property and the entire Presidential Heights 2 community for future modifications to the PRD. ZA Atamian stated that Section 4 of the Resolution that references an amendment to the development review procedures will not be considered since it was not referenced in the notice that was published and mailed, and that noticing requirements would include the entire Presidential Heights II community.
ZA Atamian addressed the plans being reviewed and identified potential discrepancies between proposed and existing plans, particularly concerning the balcony and privacy walls.
ZA Atamian clarified the distinction between architectural boards of separate communities, noting that while similar, Presidential Heights 2, and 209 and 108 Adobe are separate entities.
ZA Atamian emphasized that there have been modifications made over the years and that a precedent has been established, and noted that the staggered design to protect the use of private outdoor area between units is clearly a consistent element throughout the development.
ZA Atamian addressed the issues regarding the approval of plans, noting that it is the resonsiblity of the applicant to ensure the HOA revisions and updates be consistent with City submitted plans to ensure clarity and legal responsibilities for property owners.
ZA Atamian confirmed that any work started without proper permits should cease until all necessary permits and approvals are obtained.
In response to ZA Atamian’s inquiry regarding performing unpermitted work, Mr. Delabar stated that when they were verifying structural integrity, they found an urgent need to remove the affected area that included the double-framed party walls and balcony.
DRAFT
Minutes of the Zoning Administrator Regular Meeting January 23, 2025 Page 5 ZA Atamian stated that the Zoning Administrator’s authority is intended to allow modifications to previously entitled developments and explained the three levels of decision-making and the criteria for each level available through the City’s permitting process. The third level relates to significant changes with public impact and/or concern, which would be addressed by the Planning Commission. Additionally, the City’s Municipal Code allows the Zoning Administrator to refer the matter to the Planning Commission.
ZA Atamian closed the public hearing.
Action: ZA Atamian moved for the item to be referred to the Planning Commission for a determination.
ZA Atamian noted the importance of addressing public concerns and maintaining community standards and explained the criteria under review of the Planning Commission, ZA Atamian encouraged the applicant to work with staff to ensure plans are internally consistent and fully demonstrate the overall design of the entire building.
ZA Atamian thanked the public and the applicant for their input.
5. NEW BUSINESS
None.
6. OLD BUSINESS
None.
7. ADJOURNMENT
The meeting adjourned at 4:12 p.m. to the Regular Meeting of the Zoning Administrator, which will be held Thursday, February 6, 2025 at 3:00 p.m. at Community Development Department, City Hall, First Floor Community Room, located at 910 Calle Negocio, San Clemente, California.
Respectfully submitted,
SAN CLEMENTE ZONING ADMINISTRATOR
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Adam Atamian, Zoning Administrator
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