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ZA Minutes of 8-21-2025.pdf

San Clemente City Council
October 7, 2025

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ZA Minutes of 8-21-2025.pdf
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October 7, 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.

Zo Zoning Administrator Regular Meeting Minutes of August 21, 2025 Page 1

CITY OF SAN CLEMENTE

MINUTES OF THE REGULAR MEETING

OF THE ZONING ADMINISTRATOR
August 21, 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 Adjourned Meeting of the City of San Clemente Zoning Administrator to order on August 21, 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
Araceli Mejia, Assistant Planner
Tamara Tatich, Administrative Assistant

2. MINUTES

1. Minutes from the Zoning Administrator Regular Meeting of June 4, 2025.

ZA Atamian received and filed the Minutes for the Regular Meeting of June 4, 2025.

3. ORAL AND WRITTEN COMMUNICATIONS
None.

4. PUBLIC HEARINGS

1. Public Hearing Project (PHP) 25-166, Short Term Apartment Rental (STAR)25- 183, Leverich STAR, 252 W. Mariposa
A public hearing to request the Zoning Administrator approve three short term apartment rental (STAR) units within an existing fourplex at 252 W Mariposa. Units 1, 2, and 3 would be used for overnight accommodations of less than 30 days, and Unit 4 would be occupied by the on-site property manager. Units 1, 2, and 3 currently operate as short-term lodging units (STLU) outside the established STLU zone.

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).

DRAFT
Zo Zoning Administrator Regular Meeting Minutes of August 21, 2025 Page 2 Assistant Planner Mejia the staff report that explained the differences between a Short Term Lodging Unit (STLU) and a Short Term Apartment Rental (STAR), and summarized the operational and property details.

Principal Planner Rehm recommended a Condition of Approval on the advertising of the property:
• Condition 7.15 references on-site public noticing maximum rental occupancy.

Applicant Sheryl Leverich made a statement highlighting the following:
• Clarification that the STAR permit would become active when the current STLU permit expires.
• They feel they have set an example for how it should be done and have done it for a long time.
• They screen their guests and have many repeaters.
• Their advertising already states only two people.
• They have four off-street parking garages and do not allow guests to park in the driveways.

ZA Atamian opened the public hearing and disclosed that he drove by the property.

ZA Atamian confirmed that guests park in the garages and not on the streets. ZA Atamian stated in his research he found no history of code enforcement complaints on the existing STLU operating licenses and OCSD did not identify any major concerns about past complaints on this property. ZA Atamian observed that the applicant has a beautiful property and it is very well maintained, appreciates that the applicant has been involved in this project since the city had a vacation rental permit prior to 2016 and has been maintaining this use and compliance with the general standards of being good neighbors and being eyes on the street for the city.

ZA Atamian clarified Condition of Approval 7.19 in relation to the starting of operations for the STAR.

ZA Atamian noted that parking concerns were raised by members of the public about STLUs and STARs generally, but the comments do not seem to be the case with this property.

There being no further questions of staff or the applicants, 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 Resolution ZA25-016 approving Short Term Apartment Rental 25-188, Leverich STAR, subject to the Conditions of Approval with the following modifications:

DRAFT
Zo Zoning Administrator Regular Meeting Minutes of August 21, 2025 Page 3 • Change Condition C(3) to reflect advertising a maximum occupancy of “two” guests to replace “four.”
• Revise Condition 7.19 to state “Units 1, 2, and 3 shall not commence short term apartment rental operations until after the amortization period ends on May 17, 2026.”
• Add a new Condition 7.20 limited units 1, 2, and 3, to a maximum occupancy of two guests per unit.

2. Public Hearing Project (PHP) 25-160, Short Term Apartment Rental (STAR)25-174, Kropfl STAR, 140 Avenida del Reposo
A public hearing to request the Zoning Administrator approve one short term apartment rental (STAR) unit within an existing duplex at 140 Avenida del Reposo.

The upper unit, Unit 140, would be used for overnight accommodations of less than 30 days, and the lower unit, Unit 138, would be occupied by an on-site property manager. Both units 138 and 140 previously operated with Vacation Rental Permits outside the established STLU zone.

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 Mejia the staff report that explained the differences between a Short Term Lodging Unit (STLU) and a Short Term Apartment Rental (STAR), and summarized the operational and property details.

At the conclusion of the staff report, Principal Planner Rehm advised ZA Atamian that the hearing notice misidentified a current STLU operating at the site, which is incorrect in that it was a previous vacation rental; and noted that through condition

7.19 staff is recommending that the applicants be allowed to operate the STLU on May 17, 2026 or when the 227 Avenida de la Grulla STLU expires, whichever is first.

ZA Atamian invited the applicants Keith, Carrie and Carson Kropfl to make a statement. The applicants highlighted they purchased in the property in 2016 and that Ms. Kropfl is an Airbnb super host with a 4.96 rating and is diligent about screening guests. Their son, Carson would become the property manager. There were letters of support presented by the applicant, a copy of which is available by contacting the Planning Division.

Neighbor, Branko Lepan was present and spoke in support of the Kropfl family operations and emphasized the high caliber of guests and positive exposure the property brings to the community.

ZA Atamian addressed an applicant’s request to begin operations earlier than May 17, 2026 by stating that the ZA cannot allow operations until the amortization period ends at 227 Avenida de la Grulla. ZA Atamian further stated that the misstatement DRAFT
Zo Zoning Administrator Regular Meeting Minutes of August 21, 2025 Page 4 in the hearing notice had no bearing on the application and that the application met all the requirements of the zone. ZA Atamian acknowledged that the neighbors impacted the most have expressed their support.

ZA Atamian stated that a letter of opposition was received from Peter O’Sullivan citing concerns for illegal short term rentals, noise, reduced parking, and absent owners; however, the comments were more general and not specific to this property.

ZA Atamian determined the project Categorically Exempt from CEQA pursuant to State CEQA Guidelines §15301 (Class 1: Existing Facilities).

Action: The Zoning Administrator adopted Resolution ZA25-015 approving Short Term Apartment Rental (STAR)25-174, Krofll STAR, 140 Avenida del Reposo, subject to the Conditions of Approval with the following modifications:
• Modify Condition 7.19 the Short Term Apartment Rental unit at 140 Avenida del Reposo shall not commence short term apartment rental operations until after the amortization period ends on May 17, 2026.

3. Public Hearing Project (PHP) 25-178, Short Term Apartment Rental (STAR)25- 188, Hawit STAR, 222 La Paloma
A public hearing to request the Zoning Administrator approve one short term apartment rental (STAR) unit within an existing duplex at 222 La Paloma. The upper unit, Unit B, would be used for overnight accommodations of less than 30 days, and the lower unit, Unit A, would be occupied by an on-site property manager. Both units 1 and 2 currently operate as short-term lodging units (STLU) outside the established STLU zone.

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 Mejia the staff report that explained the differences between a Short Term Lodging Unit (STLU) and a Short Term Apartment Rental (STAR), and summarized the operational and property details.

ZA Atamian opened the public hearing and confirmed with staff that no public comments were received for this item. In reviewing the staff report, ZA Atamian requested a recess at 4:05 p.m. to allow time for staff to retrieve the correct Resolution.

The meeting reconvened at 4:15 p.m.

ZA Atamian noted that staff provided copies of the corrected Resolution to the ZA and obtained additional copies for the public.

DRAFT
Zo Zoning Administrator Regular Meeting Minutes of August 21, 2025 Page 5 ZA Atamian invited the applicant, Diane Hawit to make a statement, and Ms. Hawit highlighted significant support from her neighbors and that she enjoyed hosting guests.

ZA Atamian noted that he visited the property and commended her on the maintenance of the property.

ZA Atamian stated that the garages must be used for parking rather than storage and that stacking vehicles in the driveway or on the street is not allowed by code, and stated that the project must be conditioned to use onsite parking per the code.

ZA Atamian confirmed that Ms. Hawit is the onsite property manager.

ZA Atamian stated that the Resolution that was attached to the staff report was for a different project that was heard in today’s hearing, however the general content is similar in nature and that the corrected Resolution clarifies the details of the specific application for this property.

ZA Atamian stated that there was a complaint received in 2022 for an occupant being loud on a weekday evening. However there has been nothing reported since that time and no violations reported.

Having no further questions, ZA Atamian closed the public hearing.

ZA Atamian acknowledged that the maximum occupancy is six, per the code. The property has a history of operating short term with no issues with exception of what was mentioned previously. The project is not anticipated to create any public impact, and no comments stating otherwise were received.

ZA Atamian determined the project Categorically Exempt from CEQA pursuant to State CEQA Guidelines §15301 (Class 1: Existing Facilities).

Action: The Zoning Administrator adopted Resolution ZA25-017 approving Short Term Apartment Rental (STAR)25-178, Hawit STAR, 222 La Paloma, subject to the Conditions of Approval with the following modifications:
• Strike Condition 1.6(c).
• Strike Conditions 4.0, 4.15 and 4.16.
• Change 7.18 to reflect Unit “A” to replace “4.”
• Clarify in the Resolution’s second recital that Unit B is the upstairs unit and Unit A is downstairs.
• Modify Condition 7.19 Unit B shall not commence short term apartment rental operations until after the amortization period ends on May 17, 2026, or until 323 W. Mariposa ceases operation of their amortized STLU, whichever comes first.

DRAFT
Zo Zoning Administrator Regular Meeting Minutes of August 21, 2025 Page 6

5. NEW BUSINESS
A. Tentative Future Agendas
ZA Atamian cited, San Clemente Municipal Code §17.12.060 Decision Process, subsection F(2) that indicates that the Zoning Administrator may refer process to decisions to the planning commission depending on level of public concern anticipated for a matter.

ZA Atamian stated that in order to make this determination, the Zoning Administrator directed the Tentative Future Agenda (TFA) be reviewed for consideration by the Zoning Administrator during the Zoning Administrator meeting to determine whether items should remain on a Zoning Administrator Agenda, or whether those items are anticipated to involve an amount of public concern significant enough to be elevated to the Planning Commission Agenda; thus, saving the public and applicants time and expense in processing discretionary applications.

Action: The Zoning Administrator motioned that a Tentative Future Agenda item be added to all future Zoning Administrator Agendas.

6. OLD BUSINESS
None.

7. ADJOURMENT
The meeting adjourned at 4:41 p.m. to a Regular Meeting of the Zoning Administrator, which will be held on Thursday, September 4, 2025 at 3:00 p.m. at the 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

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