CITY OF SAN CLEMENTE
MINUTES OF THE REGULAR MEETING
OF THE ZONING ADMINISTRATOR
April 17, 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 3:00 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
Araceli Mejia, Assistant 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 March 20, 2024.
B. Minutes from the Zoning Administrator Special Meeting of March 24, 2025.
ZA Atamian received and filed the minutes for the special meeting of March 24, 2024.
3. ORAL AND WRITTEN COMMUNICATION
None.
4. PUBLIC HEARING
A. Public Hearing Project (PHP) 25-111, Temporary Use Permit (TUP) 25- 085, Circus Vargas 2025, 101 W Avenida Vista Hermosa
A public hearing to request the Zoning Administrator to approve Temporary Use Permit (TUP) 25-085 to operate a circus event at the Outlets at San Clemente from May 2-5, 2025 and May 7-12, 2025. Setup for the event, including temporary circus structures, is from April 29-May 1, 2025, and breakdown is on May 13, 2025.
The Zoning Administrator will also consider whether the project is Categorically Exempt from the requirements of the CEQA pursuant to DRAFT
Attachment 4
Minutes of the Zoning Administrator Regular Meeting April 17, 2025 Page 2 CEQA Guidelines § 15301 (Class 1: Existing Facilities) and §15311 (Class 11: Accessory Structures).
Assistant Planner Mejia summarized the staff report that highlighted the following:
• Site has been used for similar events in the past.
• Dates: April 29 - May 13.
• Shows Duration: 1 hour 45 minutes
• Estimated Attendance: 300-500 people per show.
• No games of chance, mechanical rides, performing animals, pyrotechnics, alcohol, or outside vendors.
• Site plan includes: Entrance tent, ticket booths, restrooms, management and parking.
• Security: 8-member crew.
• Waste management: 25-member crew.
• Amplified sound limited to inside the tent.
Priscilla Iverson attended on behalf of the applicant.
ZA Atamian opened the public hearing and asked the applicants if they would like to make a presentation.Priscilla Iverson affirmed the staff presentation on behalf of the applicant.
ZA Atamian stated he reviewed the staff report and is familiar with the project. Assistant Planner Mejia advised that the event is similar to last year, but 2024 event was smaller and was hosted "American Circus.” The footprint is the same as previous circus.
ZA Atamian advised the applicant that there has been an issue with drainage in the past, and to be prepared in the event of rain.
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 Resolution ZA25-008 approving Temporary Use Permit 25-085, Circus Vargas at San Clemente Outlets 2025, 101 Avenida Vista Hermosa, subject to the Conditions of Approval.
B. Public Hearing Project (PHP)24-219; and Cultural Heritage Permit (CHP) 24-101, Wach Historic Residence Improvements, 217 Esplanade A public hearing to request the Zoning Administrator to allow the addition of a 55 sq. ft. bathroom, new windows, exterior improvements, and maintenance items to an approximately 2,156 sq. ft. historic home nonconforming to required side setbacks and parking located at 217 Esplanade.
DRAFT
Minutes of the Zoning Administrator Regular Meeting April 17, 2025 Page 3 The improvements are required pursuant to a previously approved Historic Property Preservation Agreement (HPPA).
The Zoning Administrator will also consider whether the project is Categorically Exempt from the requirements of the CEQA pursuant to CEQA Guidelines Section 15301 (Class 1: Existing Facilities).
Principal Planner Rehm summarized the staff report that highlighted the following:
• Location: 217 Esplanade is a historic home with Historic Preservation Agreement and Mills Act contract.
• Request: 45 sq. ft. bathroom addition, new windows, exterior improvements and maintenance.
• Proposed bathroom bumpout is on the side of the house right behind the historic garage.
• Revisions made based on feedback from and the Cultural Heritage Subcommittee.
• Applicant committed to HPPA improvements, including stucco repairs to front wall.
• Wall encroaches on sidewalk by up to three inches, repairs or improvements require minor encroachment permit.
• Condition of Approval: Applicant to provide staff with written evidence of compliance with nine HPPA items during construction.
Principal Planner Rehm introduced the applicant and owner, Christian Wach, and designer Dustin Morris.
ZA Atamian opened the public hearing and asked the applicants if they would like to make a presentation. Mr. Wach stated that the goal was to restore the historic wall rather than replacing it, as that is a significant feature of the home. Mr. Wach further explained that the addition is to accommodate a downstairs shower in a current half-bath.
ZA Atamian called for public comments:
Larry Culbertson, representative of the San Clemente Historical Society, stated that Mr. Wach provided tours of the home and two others that he had restored to members of the Historical Society, and expressed his support of the addition.
ZA Atamian stated he reviewed the staff report and is familiar with the project’s HPPA agreement. ZA Atamian stated that the addition is modest and will not be visible from the public right-of-way; and that he was pleased the feedback from the Subcommittee had been incorporated into the plans.
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.
DRAFT
Minutes of the Zoning Administrator Regular Meeting April 17, 2025 Page 4 Action: The Zoning Administrator adopted Resolution ZA25-009 approving Cultural Heritage Permit 25-101, Wach Historic Residence Improvements, 217 Esplanade, subject to the Conditions of Approval.
C. Public Hearing Project (PHP)24-328; and Short Term Apartment Rental (STAR) 24-329, Wyatt STAR, 166 Avenida Aragon
A public hearing to request the Zoning Administrator to allow two short term apartment rental units within an existing duplex building with an existing accessory dwelling unit (ADU). Unit B and Unit C would be converted into short-term rentals for overnight accommodations of less than 30 days, and the ADU would be occupied by an on-site property manager.
The Zoning Administrator will also consider whether the project is Categorically Exempt from the requirements of the CEQA pursuant to CEQA Guidelines Section 15301 (Class 1: Existing Facilities).
Assistant Planner Mejia summarized the staff report that highlighted the following:
• The project is to establish short-term rentals at unit B and unit C, and one manager's unit at unit A.
• The property is a duplex with an ADU, and the two STAR units (B and C) would each be a 3-bed, 2-bath with an eight-person occupancy.
• The on-site property manager is required to be on-site 24/7 when the STARs are being operated.
• The site is in the residential medium zone, the coastal zone, and is located across from Max Berg Plaza Park, and a few houses down from St. Clément’s Church and Las Palmas School.
• The property went through a major remodel around 2021, with final permits in March 2024.
• There was a code complaint and enforcement case for driveway inconsistency with the building permit, but the case was closed in October 2024 after improvements were made.
• No other STARs would be allowed within a 300 ft radius.
Principal Planner Rehm discussed code definitions and interpretations with respect to STARs:
• There were two precedents for this STAR that staff reviewed: Two other multi-family dwelling units in the RM zone were allowed to have two STARs with an apartment manager on site.
• Code section interpretation: The code states a STAR must be located at least 300 ft from any other STAR or STLU.
• There is a question of whether the code intended to only have one STAR per property.
• The definition of a STAR in the code (§17.88) says "a unit or units is part of a STAR," implying that you can have more than one STAR on a property.
DRAFT
Minutes of the Zoning Administrator Regular Meeting April 17, 2025 Page 5 • Two Resolutions were provided to give the ZA the option to approve one instead of two STARs based on this interpretation or the code required findings to approve any STAR.
Assistant Planner Mejia introduced the applicant and owner, Will Wyatt at the conclusion of the staff report.
ZA Atamian opened the public hearing and asked Mr. Wyatt if he would like to make a presentation.
Mr. Wyatt gave a brief history of the property that was purchased in 2020 as a future empty nester home. The purchase and profitability strategy of three separate units that were located in a locally and federally designated “opportunity zone” meant they could tackle the renovation project in pieces.
Mr. Wyatt stated that in July 2024, a STAR permit application was formally submitted, and that they leased the rear ADU unit to a full-time on-site tenant/manager.
ZA Atamian thanked the applicant and opened the public comments:
Taran Rodriguez Colby, neighboring resident: Expressed privacy concerns due to the property facing into her backyard; nuisance of anonymous people coming in and out of the units; the lack of background checks on short-term renters and potential safety issues, especially given the proximity to the school and Max Berg Park; and parking issues, traffic congestion, and the safety of the community, especially concerning elderly residents, families, and children.
Adriana Lyon, neighboring resident: Expressed concerns for safety and adverse impact on the community, especially given the proximity to a school with many children walking in the area; allowing anonymous transient visitors increases risk and hurts community-building efforts to tackle issues like crime and gang activity in Max Berg Park; and the property is listed on Zillow for a 30-day rental as one unit for 10 guests at $16,000 per month, which is not permitted by the city.
John Lyons, neighboring resident: Expressed his concern that the City's STLU and STAR map defines tourist areas, and Max Berg Park is far from those areas; considers the proposal a harm to homebuyers who bought in the area knowing that Airbnbs would not be nearby; worries about the perpensity for noise, nuisance, and safety issues associated with short-term rentals; expressed concern of relying on an on-site property manager to deal with community issues; questioned the applicant's residency and the identity of the property manager, cited conflicting information on the Airbnb site.
Louisa “Lisa” Spinelli, neighboring resident: Expressed concerns about the lights on the property, noise, and the placement of garbage cans and air conditioner units; noted a conversation with the current renter who stated that she is not officially the property manager according to her lease; DRAFT
Minutes of the Zoning Administrator Regular Meeting April 17, 2025 Page 6 mentioned issues with parking and questioned the intended use of garage space for parking a car or a short-term rental; expressed opposition to the idea of people coming in and out all night and day.
Larry Culbertson, resident: Opposed the project due to under-parking and adverse impact on the residential neighborhood surrounding Plaza Park; questioned the number of parking spaces and the use of a space labeled as a garage being used as a living space; questioned the placement of the HVAC unit, which took away at least one parking space; argued that allowing two STAR units on one property goes against the intent of the municipal code, which requires a 300 ft distance between STAR/STLU units.
Juan Luna, neighboring resident: Echoed concerns about parking and the importance of investment in the neighborhood; argued that long-term residents are more invested in the neighborhood and its well-being; and highlighted the emotional and practical issues, including parking and the proximity to a school.
Susan Ambrose, neighboring resident: Expressed concerns about parking issues, especially near the playground and soccer field; congestion due to parents dropping off/picking up kids from school; parking restrictions on Max Berg Plaza Park: no parking daily from 10 PM to 6 AM; and stated that she is an organizer for the Neighborhood Watch Program.
ZA Atamian asked the applicant if he would like to respond to comments made by his neighbors. Mr. Wyatt stated the following:
• Lisa Spinelli’s concerns about lighting was addressed by replacing the light and adding automatic dimmers.
• Taran Colby’s fencing was repaired.
• The two units will be marketed as family units and will have a noise monitor in each unit with Ring® cameras on the outside. • The City set up “opportunity zones” and STAR zones to encourage outside investment.
ZA Atamian stated, or confirmed with staff/applicant the following:
• Confirmed by staff the guests are limited to eight per unit. • Confirmed by the applicant that the ADU tenant is contracted as the property manager the entire time short-term renters are on site. • Confirmed with staff that the code violations and non-compliance with City regulations have been rectified.
• Expressed concern with the applicant’s statement that the purchase of the property was partially predicated on the possibility of providing short-term rentals. ZA Atamian discussed the City’s enforcement process as it relates to STLUs and STARs, read pertinent sections of the City’s municipal code that provide for revocation of such permits, and indicated that the City has years of experience addressing problematic short-term rental properties, including the revocation of permits and licenses for these uses.
DRAFT
Minutes of the Zoning Administrator Regular Meeting April 17, 2025 Page 7 • Noted that a few of the issues raised by the neighbors have already been addressed by the applicant.
• Noted that the City receives complaints for long-term rental tenants and residents in multi-family properties as well as for short-term rentals, and the City has enforcement processes to deal with such tenancy issues.
• Noted that this is a unique part of town that draws in people from other parts of town. The school, church and park drive a lot of traffic to the area where there is limited parking opportunities. • Understands the need for safety and parking in this area, and that the Code and Conditions of Approval are designed to address the safety concerns and ensure these uses do not negatively impact residential neighborhoods.
• Expressed concerns in that the property was a legal non-conforming use, the change from long-term to short-term operations gives the City an opportunity to rectify the non-conforming issues. The lack of available parking is concerning. A few years ago, the City modified the parking requirements around the park to prohibit overnight parking. Staff has recently provided the City Council a report on parking program options for this area to be used by residents. If this should occur, the short-term renters would have to park on the property.
• Stated concern with two STAR units on the proposed property. • The Zoning Administrator indicated that he could not make the findings to support two STAR units on the property and presented the applicant with options:
o The ZA could approve only one STAR unit, Unit B, the bottom unit and replace the glass garage doors with a regular garage door. Unit A would be the manager’s unit and Unit C would be required to remain for long-term occupancy only. An
application for Unit C could be resubmitted for request to convert to a STAR unit in one-year; or
o Should the first option occur, the applicant would have an opportunity for further review by appealing the ZA’s decision to the City Council; or
o The ZA could refer the project to the Planning Commission for review of the applicant’s request for two STAR units. The Planning Commission would have the opportunity to approve no STAR units, one STAR unit, or two STAR units, and that decision would then be subject to appeal to the City Council for final determination if the outcome were not to their, or the public’s, satisifaction. This process could take several months.
The applicant expressed preference for approval at the subject hearing and committed to replacing the garage door with a roll up garage door.
There being no further questions of staff or the applicant, ZA Atamian closed the public hearing.
DRAFT
Minutes of the Zoning Administrator Regular Meeting April 17, 2025 Page 8 ZA Atamian determined the project Categorically Exempt from CEQA pursuant to State CEQA Guidelines §15301 (Class 1: Existing Facilities).
Action: The Zoning Administrator adopted the alternate Resolution ZA25- 007 approving Short Term Apartment Rental 24-329, Wyatt STAR, 166 Avenida Aragon, subject to the Conditions of Approval with the following modifications to the Resolution and Conditions of Approval:
• New Resolution Title block: "A Resolution of the Zoning Administrator of the City of San Clemente, California approving Short Term Apartment Rental 24-329 to establish one short-term rental (unit B), one long-term rental (unit C), and one manager unit (unit A) located at 166 Avenida Aragon."
• Modify Resolution Section 3(B): “The site is suitable for the type of use that is proposed, but the intensity of the use must be reduced to one STAR unit to avoid adverse impacts to adjacent public uses, neighbors, and City resources, in that:”
• Add Resolution Section 3(C)(5): “The requested use has been reduced to allow for only one STAR (Unit B) on the property.” • Add Resolution Section 3(G): “The Zoning Administrator denies the Short Term Apartment Rental unit in Unit C, with prejudice.” • Modify COA 7.15: "One STAR in Unit B on the property is authorized on the site."
• Add COA 7.19: “The garage doors of Unit B shall be replaced with an automatic roll-up door prior to issuance of the Short Term Lodging Unit Operating License.”
5. NEW BUSINESS
None.
6. OLD BUSINESS
None.
7. ADJOURNMENT
The meeting adjourned at 4:45 p.m. to a Regular Meeting of the Zoning Administrator, which will be held Thursday, May 8, 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