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Zoning Administrator Regular Meeting Minutes of May 22, 2025.pdf

San Clemente City Council
June 17, 2025

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Zoning Administrator Regular Meeting Minutes of May 22, 2025.pdf
Meeting
June 17, 2025
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San Clemente City Council
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Text extracted from the city's file for reading and search. Open the original on san-clemente.legistar1.com. That file is the official record.

CITY OF SAN CLEMENTE

MINUTES OF THE REGULAR MEETING

OF THE ZONING ADMINISTRATOR
May 22, 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 22, 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
David Carrillo, Associate Planner
Alexia Gruszczynski, Assistant Planner
Tamara Tatich, Administrative Assistant

2. MINUTES
A. Minutes from the Zoning Administrator Regular Meeting of May 8, 2025.

ZA Atamian received and filed the minutes for the regular meeting of April 8, 2025.

3. ORAL AND WRITTEN COMMUNICATION
None.

4. PUBLIC HEARING
A. Public Hearing Project (PHP) 25-142, Loco Cycle Group Instruction, 979 Avenida Pico K
A public hearing to request the Zoning Administrator to approve Minor Conditional Use Permit (MCUP) 25-145 to allow group cycling instruction at an existing retail space located within Plaza Pacifica.

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).

Assistant Planner Alexia Gruszczynski summarized the staff report that highlighted the following:

Minutes of the Zoning Administrator Regular Meeting May 8, 2025 Page 2 • The request is to allow group cycling instruction at an existing retail space within Plaza Pacifica, 979 Avenue to Pico, zoned
neighborhood commercial 1.2.
• The business is operating without a business license and minor conditional use permit.
• Operation Details:
• 1,000 sq ft retail space.
• 7 days a week operation.
• Maximum of 19 clients and 2 employees at any given time. • The schedule includes morning and evening classes on certain days. • Amplified music will be played during classes.
• Condition of Approval 1.12 was not included in the Resolution but should be added.
• There is a surplus of 75 parking spaces after the business is placed.

ZA Atamian opened the public hearing. There were no applicants or members of the public to present comments.

ZA Atamian noted that signage plans were submitted and approved prior to the business license submittal. The business license approval should have been required prior to issuance of the sign permit, but the City issued the permit in error and the applicant operated the business without the required CUP for several months. ZA Atamian stated that he was in agreement with the Conditions of Approval, including the addition of 1.12 regarding noise levels, and expressed appreciation of the parking analysis.

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).

Action: The Zoning Administrator adopted the alternate Resolution ZA25- 011 approving Minor Use Permit 25-145, Loco Cycle, 979 Avenida Pico, Suite K, subject to the Conditions of Approval with the following addition of 1.12 to the Conditions of Approval: The Applicant (including any property owners and managers, and their designees) understands and agrees that in the event noise generated by the cycling studio use exceeds the City’s Noise Ordinance thresholds, as verified by City Code Compliance staff, a noise study shall be performed by a licensed professional and the use associated with this permit shall discontinue operating until the recommendations of the acoustic report are implemented appropriately, as determined by the City Planner and/or City Building Official, demonstrating compliance with the City’s noise standards as described in SCMC Chapter 8.48
B. Public Hearing Project (PHP) 25-191, 2025 Professional Pickleball Association of Orange County (PPA OC) Cup Pickleball Tournament, 111 Avenida Vista Montana
Minutes of the Zoning Administrator Regular Meeting May 8, 2025 Page 3 A public hearing to request the Zoning Administrator to approve a Temporary Use Permit (TUP) 25-194 for a seven-day special activity for a pickleball tournament at Lifetime Fitness from June 16, 2025 to June 22, 2025, between 7:00 a.m. to 10:00 p.m. daily and hosting up to 1,000 daily guests.

The Zoning Administrator will also consider whether the project is Categorically Exempt from the requirements of the CEQA pursuant to CEQA Guidelines §15304 (14 CCR §15304, Class 4).

Associate Planner David Carrillo summarized the staff report that highlighted the following:
• The 7-day pickleball tournament will be hosted at Lifetime Fitness located at 111 Avenue de Vista Montana from June 16th to June 22nd, 8:00 a.m. to 9:00 p.m. daily.
• Expected attendance: 1,000 guests.
• Background:
• Zoning Administrator has approved similar tournaments at the same site since 2022.
• Conditions of Approval are similar to previous events. • Parking:
• Lifetime members will continue to use the on-site parking lot, monitored by Lifetime employees.
• Off-site parking will be provided at the San Clemente Outlets (over 1,000 spaces) and Clarence Lobo Elementary (67
spaces).
• Shuttle services provided.
• Registered guests will be notified to park off-site via the website, and this is a Condition of Approval.
• The Lifetime facility has 231 parking spaces.
• Traffic Management:
• A Condition of Approval requires a Traffic Management Plan (TMP) approved by the Public Works Department.
• A preliminary TMP exists but is not yet approved.
• Parking
• Event Details:
• Alcohol service is allowed through the Life Cafe, per the original entitlement CUP16-027.
• The event will result in seven special activity days in 2025, within the code limit of 24 per year for non-residential properties.
• Beaches, Parks, and Rec confirmed no conflicting private events at Rancho San Clemente Park from June 16th-22nd.

ZA Atamian opened the public hearing at the conclusion of the staff report.

The applicants were available via conference call and were introduced as Haley Brezack with the PPA and Brianna Stevens with Lifetime Fitness. Ms.

Brezack thanked the City of San Clemente and noted improvements each Minutes of the Zoning Administrator Regular Meeting May 8, 2025 Page 4 year in parking management and signage stating that the event gets better every year and expressed hope for continued improvements this year.

ZA Atamian confirmed that the off-site parking is the Outlets and Clarence Lobo Elementary, and not the high school that was indicated in the staff report. Staff confirmed that the 20-minute shuttle headway referenced in the Conditions of Approval will still be met with the additional mileage necessary to park at the Outlets. ZA Atamian confirmed that the TUP incuded all the Conditions from last year's event, with an additional requirement for a thorough TMP review.

ZA Atamian supported the project, noting ample parking with the Outlets and elementary school locations, acknowledged the efforts of pickleball attendees, players, Lifetime staff, and the City in reviewing and approving the TMP.

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- 012 approving Temporary Use Permit 25-194, 2025 PPA OC Cup Pickleball Tournament, 111 Avenida Vista Montana, subject to the Conditions of Approval with the following modifications to the Resolution and Conditions of Approval:
• Resolution, Section 3 (B) & (D): Reflect parking at the Outlets, not the high school and modify the parking spaces to 1,000. • Condition of Approval 7.33: Add missing end-quotation mark to read: "A manager is available to respond to complaints by the public with [provide a phone number that is monitored]." The sign shall be reviewed and approved by the planning staff prior to installation.

C. Public Hearing Project (PHP) 25-192, 2025 Major League Pickleball Tournament, 111 Avenida Vista Montana
A public hearing to request the Zoning Administrator to approve a Temporary Use Permit (TUP) 25-195 for a four-day special activity for a pickleball tournament at Lifetime Fitness from June 26, 2025 to June 29, 2025, between 7:00 a.m. to 10:00 p.m. daily and hosting up to 1,000 daily guests.

The Zoning Administrator will also consider whether the project is Categorically Exempt from the requirements of the CEQA pursuant to CEQA Guidelines §15304 (14 CCR §15304, Class 4).

Associate Planner David Carrillo summarized the staff report highlighting the differences from that of the PPA OC Cup that was previously reviewed and approved.
• Event details:

Minutes of the Zoning Administrator Regular Meeting May 8, 2025 Page 5 • Length: 4-day special activity from June 26th to June 29th. • Time: 8:00 a.m. to 7:00 p.m. daily.
• Expected attendance: 700 daily guests.
• Compliance: This event will result in 11 special activity days in 2025, with a limit of 24 per year.
• Parking: Parking will be at the Outlets with shuttle service. • Conflicting Events: There is a volleyball camp occurring from June 23rd to June 27th.
• Condition of Approval: Prohibits pickleball event parking on Calle Aguila adjacent to the park on June 26th and June 27th.

ZA Atamian opened the public hearing. The applicant had nothing further to add, and there was no one from the public to comment. 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).

Action: The Zoning Administrator adopted the alternate Resolution ZA25- 013 approving Temporary Use Permit 25-195, 2025 Major League Pickleball Tournament, 111 Avenida Vista Montana, subject to the Conditions of Approval with the following modifications to the Resolution and Conditions of Approval:
• Resolution, Section 3 (B) & (D): Reflect parking at the Outlets, not the high school and modify the parking spaces to 1,000. • Condition of Approval 7.33: Add missing end-quotation mark to read: "A manager is available to respond to complaints by the public with [provide a phone number that is monitored]." The sign shall be reviewed and approved by the planning staff prior to installation.

5. NEW BUSINESS
A. Buona Forchetta: 12-Month Review of Operations and Conditions of Approval, 1014 S. El Camino Real
A New Business Agenda item for the Zoning Administrator to review the prior year operations and compliance with conditions of approval related to Minor Conditional Use Permit (MCUP) 21-006 related to the Buona Forchetta restaurant and shared parking arrangement.

Associate Planner David Carrillo provided a staff report highlighting the following:
• On December 7th, 2020, the City Council approved Minor Conditional Use Permit (MCUP) 21-006.
• The approval allowed for one shared parking at the mixed-use development located at 1014 South El Camino to support a Minutes of the Zoning Administrator Regular Meeting May 8, 2025 Page 6 restaurant with 32 indoor seats and 16 outdoor seats, and indoor and outdoor beer and wine service for the restaurant.
• The City Council included as a Condition of Approval: City staff to report back to the Zoning Administrator 12-months from the date the restaurant commenced operation on the project's conformance with the permits conditions of approval.
• Restaurant began operations on April 2nd, 2024.

An analysis was performed by staff:
• Site visits: Monday, May 5, 2025; Thursday, May 8, 2025; and Saturday, May 10, 2025
• Observations: Upper-level garage was open during business hours, and directional parking signage was posted; however landscaping needs to be maintained for visibility.
• Non-compliant Conditions: Indoor and outdoor seating exceeding the maximum allowed and storage of items in the outdoor dining area.

Summary: Buona Forchetta is partially in compliance with the Conditions of Approval.

Staff has received complaints from nearby residents related to traffic and parking impacts. Staff is recommending that the Zoning Administrator receive and file the report and direct staff on next steps to rectify noncompliant conditions.

ZA Atamian advised that the proceeding was not a public hearing, but a review that was requested by the City Council, and asked those in attendance if they had any comments.

Nick Buchanan, the original developer of the project stated the goal of the General Plan in this particular area was to create a transitional area between Interstate 5 and the Del Mar T-zone featuring spectacular ocean views, attractive mixed-use housing with local serving commercial uses restaurants and hotels.

Matteo Cattaneo, owner of Buona Forchetta stated that they are a small restaurant and they are used to dealing with parking situations and that they do their best to work with everybody and to keep it super clean. Mr.

Cattaneo recognized that they had more than 32 seats inside.

ZA Atamian advised that the review was based on staff's assessment of the business's compliance with the Conditions of Approval, though the public’s comments were reviewed and taken into consideration in terms of public impact. The review identified that the business is currently not in compliance with the Conditions of Approval, specifically regarding the number of seats provided at the restaurant. ZA Atamian stated that based on staff observations, there were 52 indoor seats and 20 outdoor Minutes of the Zoning Administrator Regular Meeting May 8, 2025 Page 7 seats, exceeding the approved numbers (32 indoor, 16 outdoor). There is a process to apply for more seating, but its success is not guaranteed.

ZA Atamian stated that businesses often affect neighborhood parking, but the City can't stop people from parking on public roadways when allowed. The Condition regarding parking information on the website and menu requires the applicant to encourage businesses to provide the information, not ensure it. The matter could be referred back to the City Council for a decision on the permit, or the process can continue.

ZA Atamian did not see a need for code enforcement action at this time, and continued the item to the next meeting and directed the business owner to bring the operations into full compliance by then. ZA Atamian also indicated that part of the next Zoning Administrator meeting will be to determine if this item should be referred to the City Council for potential amendment or revocation if the business cannot maintain compliance, or to determine whether additional periodic reviews of the business’s adherence to the conditions are necessary to maintain compliance. ZA Atamian directed staff to report back to the Zoning Administrator in two weeks at its Special Meeting on June 4, 2025 with another update on Buona Forchetta’s compliance with Conditions of Approval. ZA Atamian requested that the applicant provide staff with necessary information, by Wednesday May 28, 2025, to allow for a complete analysis on the restaurant’s compliance with Conditions of Approval.

6. OLD BUSINESS
None.

7. ADJOURNMENT
The meeting adjourned at 4:08 p.m. to a Adjourned Meeting of the Zoning Administrator, which will be held Wednesday, June 4, 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

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