CITY OF SAN CLEMENTE
MINUTES OF THE REGULAR MEETING
OF THE ZONING ADMINISTRATOR
May 8, 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 May 8, 2025 at 3:01 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
Zach Rehm, Principal Planner
Laura Coury, Assistant Planner
Tamara Tatich, Administrative Assistant
2. MINUTES
A. Minutes from the Zoning Administrator Regular Meeting of April 17, 2025.
ZA Atamian received and filed the minutes for the regular meeting of April 17, 2024.
3. ORAL AND WRITTEN COMMUNICATION
None.
4. PUBLIC HEARING
A. Public Hearing Project (PHP) 25-172, Temporary Use Permit (TUP) 25- 128, Santa Margarita Stake Youth Conference, 310 Avenida Vista Montana
A public hearing to request the Zoning Administrator to approve Temporary Use Permit (TUP) 25-128 to host approximately 200 attendees over four (4) days on the Church of Jesus Christ Latter-Day Saints property located at 310 Avenida Vista Montana. Proposed set-up includes a Tabernacle tent and ceremonial tree to be lit in the evening until 10 pm on Thursday, May 22, 2025 and the following Friday May 23, 2025, with day time and evening activities (no overnight) Friday, May 23, 2025 from 7:00 p.m. to 10:00 p.m.; and Saturday May 24, 2025 through Monday, May 26, 2025 from 8:00 a.m. to 10:00 p.m. Tear down of the temporary improvements will take place Tuesday, May 27, 2025.
Minutes of the Zoning Administrator Regular Meeting May 8, 2025 Page 2 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 §15311 (Class 11: Accessory Structures).
Assistant Laura Coury summarized the request for a Temporary Use Permit (TUP25128) for the Santa Margarita State Church Youth Conference 2025.
The event is scheduled to occur from May 22 to May 27, 2025, at the Church of Jesus Christ of Latter-day Saints (“Church”), located at the corner of Calle Del Cerro and Avenida Vista Montana. Key details included:
• Setup Dates: May 22-23, 2025
• Event Dates:
o Friday, May 23, 2025: Activities from 7:00 p.m. to 10:00 p.m. o Saturday, May 24 - Monday, May 26, 2025: Activities from 8:00 a.m. to 10:00 p.m.
• Tear down Date: Tuesday, May 27, 2025
• The event aims to gather approximately 200 youth, aged 14 to 18, for educational and spiritual activities, including a representation of the biblical tabernacle. Attendees are encouraged to carpool to minimize traffic congestion.
• The application meets criteria set out in local zoning codes, with provisions included to address potential issues related to:
o Noise levels
o Traffic management
o Parking arrangements
o Event timing
• The Church proposes using a section of the parking lot, which has a total of 319 spaces, allowing ostensibly enough remaining spaces for other potential visitors.
Zach Rehm, Principal Planner, provided additional information concerning public comments received on traffic and noise concerns. He added that the proposed event should not create significant parking issues or traffic congestion, given the Church’s extensive parking facilities, particularly because most attendees would carpool.
Applicants Autumn Johnson and Jeff Stark were introduced. Mr. Stark, a representative from the Church, highlighted the purpose of the youth conference: to serve as a learning and community-building experience for young Church members. He addressed concerns regarding traffic and parking from previous events, emphasizing the Church’s commitment to improving communication and management of future gatherings. Mr. Stark also confirmed that activities would not exceed established noise levels and that most youngsters would be driven by others, or carpool, due to age restrictions on driving.
ZA Atamian opened the public hearing for public comments:
Minutes of the Zoning Administrator Regular Meeting May 8, 2025 Page 3 Robert Carson: neighboring resident cited passed issues where Church events led to overflow parking in private residential areas, asserting a need for better management. Mr. Carson referenced issues addressed in a letter sent from the homeowners association’s legal counsel.
Tim Brown: member of the Church supported the event and acknowledged the need for sensitivity regarding parking issues while emphasizing the public use and compatibility of the property with the neighborhood; and the importance of the Church’s activities to youth spiritual development.
ZA Atamian disclosed his familiarity with the site and receipt of several written communications: Jessica Bennett, Philip Carpenter, Michele Oberholtzer and Janna Ferraro, Esq., of Flanagan Law, APC, legal counsel for Rancho Cristianitos Homeowners Association.
ZA Atamian emphasized the community’s right to govern local land use via zoning laws while respecting the religious expression protected by federal law, particularly the Religious Land Use and Institutionalized Persons Act (RLUIPA) that is found in Title 42 of the Public Health and Welfare, Chapter 21(c), §2000(cc). ZA Atamian cited the applicable sections of the law for the record.
Summarizing the law, ZA Atamian indicated that RLUIPA prohibits local governments from imposing substantial burdens on religious practices. The right of religious expression is protected and that all governments must attempt to facilitate the expression of those freedoms in the least restrictive manner possible.
ZA Atamian addressed each written communication individually, and provided the following comments in response to the concerns raised in individual, or multiple, written communications:
Hearing Notice: Two communications referenced an error in the noticing date. ZA Atamian reviewed the public notices that were mailed containing the legally-required information, including, but not limited to, the hearing date of May 8, 2025, with the time and location at the top of the postcard; and he acknowledged the subsequent paragraph that erroneously stated April 17, 2025. ZA Atamian also stated that the postcards were postmarked on April 24, 2025 and the sentence in future tense, clarifies the error. ZA Atamian highlighted that there were many undeliverable postcards returned, one being the Rancho Cristianitos Homeowners Association as they most likely own a piece of property that does not have a title for tax purposes and suggested that the association update their information. Mr.
Carson stated that he did not receive a notice, and ZA Atamian advise that only property owners within 300’ receive notices.
Parking: ZA Atamian asked applicants to project attendance for the proposed event, regular services and group tours on Saturday and Sunday that weekend. Mr. Stark described the expectation with a holiday weekend Minutes of the Zoning Administrator Regular Meeting May 8, 2025 Page 4 and estimated around 120-150 cars could be expected, but preferred to be consistent with 200 spaces. Mr. Stark also stated that the gaming areas is being removed on Saturday resulting in 300 spaces on Sunday.
Proximity of Church to Residential Area: ZA Atamian stated that the Rancho San Clemente Specific Plan permits churches, temples and other places of worship within all residential zones through a conditional use permit. Therefore, in the context of this Church’s location within an Institutional Zone, it can be seen as a land use that would otherwise be conditionally permitted similarly to the neighboring residential zones. If the subject zone was residentially zoned, a similar conditional use permit could be approved. RLUIPA would apply.
Unpermitted Events: ZA Atamian was aware of events where the City’s Code Compliance staff reported sound and parking impacts. However, ZA Atamian’s personal experience was that the leadership resolved the issues in cooperation with the City, and such events have not been reported since.
Visual Impacts: ZA Atamian reiterated that the visual aesthetics of the tent and the grounds are not in the purview of the City’s review of temporary use permits in this instance, as it relates to the expression of religious freedom and view obstruction is not regulated in the City of San Clemente. The proposed tent meets the typical height requirements of the zone.
Timing of Marketing vs. Permits: ZA Atamian stated that applicants often do not allow ample timing for the processing special event permits; yet staff does their best to facilitate all requests expeditiously. This often results in applicants marketing their event prior to approval of the necessary permits.
Holiday Weekend: ZA Atamian stated he does not see an issue due to the timing of the event and attendance projections.
Attractive Nuisance: ZA Atamian stated that he would not expect unwanted guests at this type of event on a holiday weekend.
Noise: ZA Atamian noted that the application indicated no amplified sound, which is also prohibited in the Conditions of Approval with exception to the tree ceremony on Friday evening with a single speaker. Mr. Stark confirmed that there will be no music.
Tree: Mr. Stark confirmed that the tree being used for the tree lighting portion of the event is an existing tree on the site.
ZA Atamian read sections of the letter from Janna Ferraro, Esq representing the homeowner’s association and highlighted the following:
Parking: ZA Atamian stated that within the criteria of the application, there doesn’t appear to be an expectation of parking spillover; however, people are free to park wherever they are legally able. When it comes to private Minutes of the Zoning Administrator Regular Meeting May 8, 2025 Page 5 streets, parking is only allowed with permission from residents or if they have legitimate business within that neighborhood, and signage is typically posted accordingly. Parking on those streets can result in a vehicle being towed off the premises. ZA Atamian strongly encouraged the Church’s leadership to communicate to their members and event attendees to park in the Church’s lot and not in the neighborhood. Condition 7.15 allows the City Planner to identify parking issues and to mitigate such issues.
Parking Enforcement: ZA Atamian further stated that this event should not require Parking Enforcement Officers given the nature of the event, and that residents can call the Orange County Sheriff’s Department to address a parking situation on the neighboring streets.
Building Use: ZA Atamian stated that requesting the event to be hosted solely in the Church building violated RLUIPA and that the City approves many outdoor activities and events for non-religious functions including the pickleball tournaments hosted at Lifetime Fitness several times a year.
Original Entitlements: ZA Atamian read the section that challenged the staff conclusion that the 4-day event is in conformance to the original entitlements. ZA Atamian supported staff’s determination, in that a religious activity is being provided on a property that has entitlements to operate as a religious facility. The mere fact that the applicant’s are applying for a temporary use permit indicates that staff did not interpret this event as being covered under the original entitlements, only that it is consistent with the land use contemplated by them.
Previous Events: ZA Atamian and the applicants discussed previous youth stake events and the impact of parking and traffic. It was discovered that a previous Sunday stake event was held some time ago on the same day of services, resulting in higher attendance.
There being no further questions of staff or the applicant, 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 §15311 (Class 11: Accessory Structures).
Action: The Zoning Administrator adopted the alternate Resolution ZA25- 010 approving Temporary Use Permit 25-128, Santa Margarita Stake Church Youth Conference 2025 at the Church of Jesus Christ of LatterDay Saints at 310 Avenida Vista Montana, subject to the Conditions of Approval with the following modifications to the Resolution and Conditions of Approval (COA):
• Add Section 3(E): This determination provides for the regulation of the requested event in a manner that furthers a compelling governmental interest in the least restrictive means possible.
Minutes of the Zoning Administrator Regular Meeting May 8, 2025 Page 6 • Add COA 1.14: "All outdoor lighting, including string lights, shall be shielded to the extent feasible to direct light away from adjoining properties and limited to illuminating the tree no later than 9:30 p.m.”
• Add COA 1.15: “Applicant may request the presence of Code Compliance staff to assist in determining compliance with Condition of Approval 1.14 as it relates to the illumination of the tree and the directionality of the lighting.”
• Change COA 7.29: Strike “8:00 a.m. to 8:00 p.m. on Thursday, May 22”; and strike “Lastly, Tuesday May 27th, Tabernacle Take Down.” • Change COA 7.30: “…Event setup shall be limited from May 22 to May 25, 8:00 a.m. to 10:00 p.m. and shall be cleaned and restored to its original condition by 12:00 p.m., May 26, 2025. A request to change…”
• Add COA 7.31: “The maximum reduction of parking for the games area shall be limited to no more than 90 parking spaces.” • Add COA 7.32: “Applicants shall provide information and encourage all event participants to park on site during the duration of the event, including parking for typical Church operations.” • Add COA 7.33: “The game area shall be limited to events including team building exercises, and the like, without the provision of booths or carnival-like games.”
• Add COA 7.34: “Amplified sound shall only be provided and permitted on Friday evening during the tree lighting ceremony and shall not exceed a volume threshold of 50 decibles as measured in C weighting.”
• Change Title Block: Title block to reflect changes made to hours and/or operations as specified in the above-referenced changes made to the Conditions of Approval.
5. NEW BUSINESS
None.
6. OLD BUSINESS
None.
Minutes of the Zoning Administrator Regular Meeting May 8, 2025 Page 7
7. ADJOURNMENT
The meeting adjourned at 4:08 p.m. to a Regular Meeting of the Zoning Administrator, which will be held Thursday, May 22, 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