CITY OF SAN CLEMENTE
MINUTES OF THE REGULAR MEETING
OF THE ZONING ADMINISTRATOR
March 20, 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 March 20, 2025 at 2:59 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
Jessica Gatny, Assistant Planner
Zach Rehm, Principal Planner
Tamara Tatich, Administrative Assistant
2. MINUTES
A. Minutes from the Zoning Administrator Regular Meeting of March 20, 2025.
ZA Atamian received and filed the minutes for the regular meeting of March6, 2024.
3. ORAL AND WRITTEN COMMUNICATION
None.
4. PUBLIC HEARING
A. Continued Public Hearing Project (PHP) 24-576, Pentegna Residence, 107 West Avenida Cadiz
A continued public hearing to request the Zoning Administrator to approve a Development Permit 25-042 for a 182 sq. ft. addition, new 50 sq. ft. covered porch, and interior remodel of an existing single-family residence adjacent to a historic resource. Also for consideration is a request for a Minor Exception Permit 25-063 to permit an existing over-height patio wall and guardrail, that is not stepped back to code, located in the front yard setback.
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) and §15303 (Class 3: New Construction or Conversion of Small Structures).
DRAFT
Minutes of the Zoning Administrator Regular Meeting March 20, 2025 Page 2 Assistant Planner Gatny summarized the staff report and introduced the applicants and owners, Steven and Diane Pentagna.
ZA Atamian opened the public hearing and asked the applicants if they would like to make a presentation. Mr. Pentagna stated:
• The deck was an attractive feature and part of the reason they purchased the house, the nonpermitted deck extension was not disclosed to them when they purchased the home.
• Applicant disagrees with staff’s assessment regarding the deck design having a negative aesthetic effect on the neighboring properties. Noted that most neighbors have provided written support for the deck.
• It would cause a hardship to modify the wall, as it costs substantial amount of money.
• In regards to landscaping, more landscaping could be added and are open to suggestions to improve the aesthetics.
ZA Atamian stated he reviewed the staff report and is familiar with the project. ZA Atamian noted that there is a legal recourse that the owners could persue against the real estate agent that did not disclose the nonpermitted work, although, the sellers may have not thought there was a violation. A building permit may be required to ensure the deck was built properly to the building code. The stepping back to code is relatively minor but the guardrail is more prominent now that the previous landscaping is gone, which opens and improves the views of the historic resource. The guardrail is a still a predominate feature and could be softened with the addition of a climbing vine.
ZA Atamian stated:
• In regards to the Development Permit, the addition is generally retaining the same mass and scale from the street view. • In regards to the Minor Exception Permit, the proposed wall is in keeping with the general appearance of other front yard walls in the vicinity, including retaining walls that create a larger usable front yard area, and thus is in character of the neighborhood.
• The guardrail is chunky and would benefit from added vines, not to exceed the height of the guardrail.
• An Encoarchment Permit is required for short wall in the right-of-way.
If it is determined that some of the wall needs to be modified or removed, it is still the applicants responsibliltiy to maintain the climbing vines.
ZA Atamian thanked staff for the report and Resolution that supported the following Findings:
• The proposed project is consistent with the General Plan. • The proposed project complies with zoning regulations. • This is a modest addition.
• The views of the historic resource are improved by the open guardrail design.
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Minutes of the Zoning Administrator Regular Meeting March 20, 2025 Page 3 • The proposed project is consistent with the City’s Design Guidelines. • The proposed development will not be detrimental to the public health, safety or welfare, or materially injurious to properties and improvements in the vicinity.
There being no further questions of staff or the applicants, ZA Atamian closed the public hearing.
ZA Atamian determined the project Categorically Exempt from CEQA pursuant to State CEQA Guidelines §15301 (Class 1: Existing Facilities) and §15303 (Class 3: New Construction or Conversion of Small Structures).
Action: The Zoning Administrator adopted Resolution ZA25-004 approving Development Permit 25-042 and and Minor Exception Permit 25-063, Pentegna Residence, 107 West Avenida Cadiz, subject to the Conditions of Approval, with a modification to replace Condition COA 4.2 in its entirety with the following language: “The applicant shall install and maintain climbing vines in the front planter most adjacent to the sidewalk that do not exceed the height of the guardrail and cover at least 75% of the portion of the guardrail parallel to and facing the sidewalk. The applicant shall also install the vine along the guardrail return facing the adjacent historic property, subject to the concurrence of the historic property owner.”
5. NEW BUSINESS
None.
6. OLD BUSINESS
None.
7. ADJOURNMENT
The meeting adjourned at 3:36 p.m. to a Special Meeting of the Zoning Administrator, which will be held Thursday, March 24, 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
_____________________________________
Adam Atamian, Zoning Administrator
DRAFT