Planning Division ● 910 Calle Negocio, Suite 100 ● San Clemente, CA 92673 http://www.san-clemente.org
City of San Clemente
Planning Division
Jonathan Lightfoot, City Planner
(949) 361-8254 or [email protected].
February 24, 2025
Justin Kozik
229 Avenida Monterey
San Clemente, CA 92672
SUBJECT: 229 Avenida Monterey, Kozik Condominiums: CC&R Amendment PHP25-080 to amend TPM23-224 (approved via Zoning Administrator Resolution 23-015)
Dear Mr. Kozik,
Thank you for submitting an Amendment to the previously approved Tentative Parcel Map (TPM) 23-224 to address the removal of Conditions of Approval 2.6.D and 2.6.I from Exhibit A of Zoning Administrator (ZA) Resolution 23-015. These conditions read:
• COA 2.6.d: A statement indicating that open space on certain lots shall be retained by deed restriction as designated open space in perpetuity and maintained by a Master Association and/or the Sub-association, with no development or encroachment shall be permitted within the designated open space.
• COA 2.6.i: Identification of all fire prevention and defense provisions including: a) a fire lane map; b) provisions which prohibit parking in fire lanes and a method of enforcement; and c) provisions for maintenance of fuel modification zones including the removal of all dead and dying vegetation and the inspection and correction of any deficiencies in the irrigation system three times a year; and a method for keeping fire protection access easements unobstructed. A statement shall acknowledge that approval of the Chief of Fire Protection Services shall be required for any modifications such as speed bumps, control gates, or parking changes
I reviewed these conditions and determined that they could be removed administratively (per San Clemente Municipal Code Section 17.12.180) for the following reasons:
• The language for these particular conditions comes from a standardized list of conditions used for projects that require the creation of a Homeowner’s Association with CC&Rs. However, some of these standardized conditions, such as items D and I, are only appropriate for tract map subdivisions that include land dedications for open space, rights of way, or other publicly necessary uses. This project Attachment 4
Amend TPM23-224
Kozik Condominium- 229 Avenida Monterey
remains limited in scope to the airspace subdivision of a single residential lot, and the land dedications contemplated by Conditions of Approval 2.6.D and 2.6.I are not applicable.
• Striking these two conditions (“the Amendment”) does not modify the core scope of the project: The project is limited to subdividing the airspace of a two (2) unit duplex into two condominiums to allow for separate ownership of each dwelling unit, while designating ownership of the attached ADU to one of the condominium units.
• No physical alterations to the site are necessary as a result of the Amendment. • No findings from the original Resolution are altered or affected as a result of the Amendment. The following remain true:
o The site is in a developed residential area served by existing utilities and public services
o The project conforms to the San Clemente General Plan and Zoning Ordinance, and no variances or exceptions are required. • For reference, related approved plans include:
o Coastal In-Concept Permit 20-219, and Coastal Development Permit 5-21- 0004
o Building Permit 22-1742: New Duplex; and Building Permit 22-1829:
Attached ADU
Therefore, this memo serves as approval for PHP25-080 to Amend TPM23-224 to remove Conditions of Approval 2.6.D and 2.6.I from Exhibit A of Zoning Administrator (ZA) Resolution 23-015 in accordance with SCMC 17.12.180, and the Applicant is relieved from integrating the language referenced by those Conditions into the applicable CC&R’s for TPM23-224.
For questions, please contact Laura Coury by phone at (949) 361-6188; or by email at [email protected].
Sincerely,
Jonathan Lightfoot
City Planner
Attachments:
1. Condo Plan for 229 Avenida Monterey
2. Parcel Map for 229 Avenida Monterey