AGENDA ITEM:
STAFF REPORT
SAN CLEMENTE ZONING ADMINISTRATOR
Meeting Date: April 17, 2025
PLANNER: Araceli Mejia, Assistant Planner
SUBJECT: PHP24-328, STAR24-329, Wyatt STAR, 166 Avenida Aragon, a request to establish short-term rentals (Unit B & Unit C) and one manager’s unit (Unit A)
LOCATION: 166 Avenida Aragon
ZONING/GENERAL
PLAN:
Residential Medium (RM) and Coastal Zone Overlay
PROJECT SUMMARY:
• Background:
• The project is proposed within a 5,997 square foot lot in the Residential Medium (RM) Zoning District and Coastal Zone (CZ) Overlay. The building was remodeled into a legal duplex and building permit B21-0701 was finaled in March 2024.
Congruently, the attached, single car garage was converted into an ADU and building permit B21-1132 was finaled in February 2024. There was a Code compliance case for unpermitted changes to the drive approach, which was closed on October 22, 2024. Currently a one-car garage and one-car carport are available for parking. Up to two additional cars may be parked in tandem on the driveway spaces. The neighborhood contains a mixture of multifamily and single-family residences ranging from one- to two-story structures.
• In past actions, the Zoning Administrator has approved two STAR units within a single property that have comparable environmental conditions. • STAR21-162 established two short term apartment rentals within an existing three-unit multifamily building on a 4,000 square foot lot at 119 E Mariposa within the Residential Medium (RM) Zoning District
• STAR22-045 established two short term apartment rentals within an existing three-unit multifamily building on a 4,000 square foot lot at 209 Avenida Rosa within the Residential Medium (RM) Zoning District and the Coastal Zone Overlay (CZ).
Attachment 3
PHP24-328, STAR24-329, Wyatt STAR Page 2
Figure 1 shows project site
• Proposed Project:
• The Zoning Ordinance defines a short-term apartment rental (“STAR”) as a type of STLU that is a multi-family-dwelling structure on a single parcel, under single ownership, where some or all individual units are rented as STLUs and where the STAR owner (or the owner’s property manager) lives on-site in one of the other units not being rented short term. Furthermore, Zoning Ordinance Chapter 17.32 permits a STAR to be located in all residential zones where general STLUs are not permitted, subject to approval of a STAR Permit processed in accordance with Section 17.16.146.
• The property owners Jill and Will Wyatt request a STAR permit to convert an existing duplex (Unit B and Unit C) into two short-term rental units for rentals less than 30 days, and a manager’s unit within the existing attached Accessory Dwelling Unit (ADU) (Unit A).
• Unit B on the ground floor contains three bedrooms and two bathrooms and the applicant states the maximum occupancy would be 8 people. • Unit C on the second floor also contains three bedrooms and two bathrooms and the applicant states the maximum occupancy would be 8 people. • Approval Authority: Zoning Administrator approval is required for STAR Permits (Zoning Ordinance Section 17.16.146).
• Project Findings: Staff believes the proposed request to establish two STARs can be supported based on the plain language of the code but has provided an alternative resolution to only allow for the establishment of one STAR (Unit B), should the Zoning Administrator make findings that the subject location is suitable for the type of use that is proposed, but the intensity of the use must be reduced to avoid adverse impacts to adjacent public uses, neighbors, and City resources and/or would be detrimental to the public health safety, or welfare, or materially injurious to properties in the vicinity:
PHP24-328, STAR24-329, Wyatt STAR Page 3
• The site supporting the proposed STAR units are within a half mile walking distance of the beach and about a quarter mile from the San Clemente Trolley Red Line Stop 6 that travels along El Camino Real and into the Downtown District and San Clemente Pier. The site is immediately adjacent to Max Berg Plaza Park (where parking is in demand during the day and restricted at night) and one block away from Las Palmas Elementary School, where nearby parking is also in demand. • The proposed STAR is located in the Residential Medium density zone which allows for more intense development including clustered homes, townhomes, and other multifamily structures.
• As required by the Zoning Ordinance, Unit A would be occupied by a full-time, onsite property manager. The manager would be responsible for maintaining the premises and addressing any concerns raised by the short-term tenants or neighbors, such as noise, parking, and trash. A condition is included requiring the property manager to be adequately trained to address tenant issues. Furthermore, a condition is included requiring the property manager to resolve issues directly, to the greatest extent feasible, in order to minimize expending City staff resources. A further condition is added to require the owner and property manager to prominently identify within its advertising and listings on short-term rental platforms that the maximum occupancy of each unit is eight guests and guests are expected to store their vehicles within two tandem parking spaces. As conditioned, the proposed STAR units would not be detrimental to the public health, safety, or welfare. • The project meets all the minimum operating and development standards of the Zoning Code Subsections 17.28.292 E and F, which are intended to ensure the existing character of the residential neighborhoods are preserved and not adversely impacted. The applicant provided evidence of compliance with these standards in the application materials.
• Zoning Ordinance Section 17.28.292 F requires the following location setback: “a STAR must be located at least 300 feet from every other STAR or STLU. This distance shall be measured by following a straight line without regard to intervening buildings from the nearest point of the parcel on which the proposed STAR is to be located to the nearest point of the parcel from which the proposed STAR is to be separated.” The existing STLUs located closest to the project site are at the following addresses: 227 Avenida del la Grulla (approximately 929 feet from project site), 140 W Canada (approximately 700 feet from project site), and 1520 N El Camino Real (approximately 929 feet from project site).
• Avenida Aragon is a two-way street with vehicle access to El Camino Real.
Four parking spaces (garage, carport, and tandem in driveway) are allocated for the existing two long term apartments which would be converted to the proposed STARs.
• The STAR qualifies for an STLU operating license pursuant to Chapter 3.24. • A condition of approval is included requiring the owner to obtain an STLU operating license prior to use of the property for short-term lodging. • California Coastal Commission
• The provisions of the Coastal Zone Overlay do not apply to the project because there PHP24-328, STAR24-329, Wyatt STAR Page 4
is no proposed development to the site and the site is within the Categorical Exclusion order. This determination has been made in previous STAR permits. • CEQA:
• The project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Class 1: Existing Facilities) because the project involves the establishment of two short-term apartment rental units within an existing duplex with an attached ADU.
• Public Comment: No public comments have been received by staff.
RECOMMENDATION
Staff recommends that the Zoning Administrator approve one or two STARs (alternative resolutions attached) at 166 Avenida Aragon:
1. Determine the project is Categorically Exempt from the requirements of the CEQA pursuant to CEQA Guidelines Section 15301 (Class 1: Existing Facilities); and
2. Adopt Resolution ZA 25-007, approving STAR24-329, PHP24-328, Wyatt STAR subject to attached conditions of approval.
Attachments:
1. Resolution ZA 25-007
Exhibit A - Conditions of Approval
2. Alternative Resolution ZA 25-007
Exhibit A – Conditions of Approval
3. Floor Plans