CITY OF SAN CLEMENTE
MINUTES OF THE REGULAR MEETING
OF THE ZONING ADMINISTRATOR
October 23, 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 October 9, 2025 at 3:10 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. Receive and file Minutes for the October 9, 2025 Regular Zoning Administrator Meeting.
3. ORAL AND WRITTEN COMMUNICATION
None.
4. PUBLIC HEARING
A. Public Hearing Project (PHP) 25-339 / Development Permit (DP) 25-353, Kates Residence, 908 S. Ola Vista
A public hearing to request Zoning Administrator approval of Development Permit (DP) 25-353 to allow an expansion and remodel of a residence abutting and across the street from a historic residence. The project adds a 675 sq. ft. second-story bedroom and bathroom, and 223 sq. ft. deck.
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).
ZA Atamian opened the public hearing and introduced Assistant Planner Gruszczynski who summarized the staff report and a presentation titled, “Kates Residence, Development Permit 25-353/PHP25-339,” that detailed the request for a request for an 898 square foot addition. A copy can be requested by contacting the Planning Division.
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Zoning Administrator Adjourned Meeting October 23, 2025 Page 2 Two public comments from a neighbor were received and are included in the staff report. Both express impact concerns on the historic structure and concerns with short-term lodging unit activities. The applicant submitted a response to the public comments that is also included in the staff report.
Jack Andrews spoke on behalf of his spouse and applicant Katherine Kates, and explained that they are retiring and moving into the residence once the improvements are complete. Mr. Andrews stated that they were not aware of any disturbances that resulted in the rental operations with exception to an unsubstantiated complaint in 2018 and an incident that was closed in 2020.
Mr. Andrews expressed his belief that the addition will not impinge on the beauty of the house across the street.
ZA Atamian disclosed that he had visited the property, and reviewed the staff report and letters. Mr. Andrews agreed to adding a Condition of Approval to terminate the short-term lodging permit upon commencement of construction activities, stating that he intended to terminate the rental agreement with the management company once he is able to schedule construction anyway.
ZA Atamian closed the public hearing and stated that he can make the Findings for approval in that the development will not be detrimental to the public health, safety or welfare; the project is in character and compatible with the neighborhood; and the project does not negatively impact the historic resource.
Action: The Zoning Administrator determined the project is categorically exempt from CEAQ and adopted Resolution ZA25-020 approving Development Permit 25- 353, Kates Residence, subject to the Conditions of Approval with an addition of Condition 5.1: Prior to commencement of construction, the applicant shall cease operating the subject property as a Short-Term Lodging Unit and relinquish the existing Short-Term Lodging Unit operating license.
5. NEW BUSINESS
A. Review of Tentative Future Agendas
6. OLD BUSINESS
A. Buona Forchetta Restaurant Four-Month Review
An update to the Zoning Administrator on Buona Forchetta’s compliance with Minor Conditional Use Permit 21-006 conditions of approval.
ZA Atamian explained that the review is not a public hearing, but a review to determine if the restaurant is operating in compliance to the Conditions of Approval, and introduced Associate Planner Carrillo who summarized staff’s review that reported storage of firewood and propane tanks on the patio were not resolved and that maximum seating was being exceeded. ZA Atamian directed staff in the June 4, 2025 review to work with Orange County Sheriff’s DRAFT
Zoning Administrator Adjourned Meeting October 23, 2025 Page 3 Department (OCSD), the City’s traffic engineer and Code Enforcement Officers. Below is a recap of their Findings:
• OCSD: One parking ticket for a red curb violation; and one service call for a hit and run of a parked vehicle.
• Traffic Engineering: Discussed red and green curb ideas with property owners; reviewed feedback from a tenant survey; and recommended no changes unless directed by the decision-making body. • Code Enforcement: Compliant with seating except for one night (October 9th): 44 indoor seats counted when the maximum is 32; Maximum outdoor seating is 16, and they were in compliance.
Owner Matteo Cattaneo stated that he is working on a solution to screen the firewood and propane tanks. Mr. Cattaneo added that the reported seat count error was due to a new employee and that to his knowledge, staff is not parking in the structure.
Property owner Nick Buchanan clarified that seating was corrected after the visit from a Code Compliance Officer. Staff confirmed that the seating was in compliance during a recent visit. Mr. Buchanan stated that a green curb on either end of the block for short-term pick-ups as suggested in a City Council meeting is acceptable. Mr. Buchanan confirmed that no residents park in the upper garage where employees are allowed to park; applauded Mr. Cattaneo for embracing the local residents; and believes the restaurant is achieving exactly what the City set out to do as part of their General Plan Amendment.
General Manager Joe Pergola advised that the hit and run reported by OCSD was an error in that all parties remained at the scene and gave their statements to the sheriff; and that he is personally responsible for ensuring that employees park in the upper parking area, and it is strictly enforced during dinner.
ZA Atamian requested that the outdoor storage issue be resolved and that the stacks of chairs used for outside patrons waiting to be seated be removed. ZA Atamian stated that the purpose of the review is for compliance to the Conditions of Approval, and that directing engineering staff to provide a green curb is outside the scope of the review. ZA Atamian suggested the property owner follow up with the engineering staff to initiate that process. ZA Atamian stated the mixed-use zone to residential zone transition is often challenging, but that the General Plan refers to making the area vibrant and pedestrianfriendly, and that restaurants are specifically encouraged by the municipal code.
ZA Atamian mentioned that the parking garage for commercial customers is open when it needs to be; management has demonstrated that they've done a good job getting their employees to not park in the garage or on the public street; there is no condition of approval that restricts parking related to this business from being on any residential street; the public right-of-way belongs to everyone, regardless of business association; and public streets and DRAFT
Zoning Administrator Adjourned Meeting October 23, 2025 Page 4 parking in front of houses are not owned by individual homeowners, who are required to have garages and driveways.
ZA Atamian determined the review has been satisfied with two issues of outdoor storage of firewood and propane tanks, and seat count within the restaurant; the business has one month to obtain permits or remove the storage, after which Code Enforcement will issue citations; and the business will be added to the Code Compliance Patrol List for six months regarding the seating allowance of 32 indoor and 16 outdoor seats. If three violations of the seating allowance are observed and documented, a hearing will be scheduled before the City Council to determine if additional amendments are required or a potential revocation. ZA Atamian concluded by advising that stacks of chairs may be considered a violation if they reappear; and that all business activity must be conducted inside an enclosed building as there is no approval for an outdoor waiting area. Space can be reallocated inside for waiting patrons, and people can stand on the sidewalk, but placing items outside constitutes exterior business activity.
7. ADJOURNMENT
Zoning Administrator Atamian adjourned the meeting. The next meeting of the Zoning Administrator will be held at 3:00 p.m. on Thursday, November 6, 2025 at the Community Development Department, First Floor Community Room, located at 910 Calle Negocio, San Clemente, California.
Respectfully submitted,
SAN CLEMENTE ZONING ADMINISTRATOR
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Adam Atamian, Zoning Administrator
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