RESOLUTION NO. 25-181
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING A PARKING AGREEMENT WITH HAPPY COFFEE CLUB, LOCATED AT 114 AVENIDA VICTORIA, FOR THE EXCLUSIVE USE OF FOUR PARKING SPACES AT THE DOROTHY VISSER SENIOR CENTER PARKING LOT, LOCATED AT 118 AVENIDA ROSA, MONDAYS THROUGH FRIDAYS BETWEEN 4 PM AND 9 PM AND ON SATURDAYS AND SUNDAYS BETWEEN 6 AM AND 9 PM, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT WHEREAS, on July 18, 2024, the Zoning Administrator reviewed a request by Happy Coffee Club for outdoor beer and wine service at a café located at 114 Avenida Victoria. The proposal also included a request for additional café seating requiring an off-site parking agreement to meet the City’s parking requirements; and WHEREAS, the Zoning Administrator’s approval of the entitlements were partially contingent upon the execution of a parking agreement with the City to satisfy the Municipal Code’s requirements for off-street parking to allow for the requested increase in café seating; and WHEREAS, pursuant to City policy 901-1, the City delegates the authority to engage in negotiations with current and prospective tenants for City-owned property to the City Manager; and WHEREAS, the City owns the subject property at 118 Avenida Rosa, San Clemente, California 92672 (Dorothy Visser Senior Center); and WHEREAS, pursuant to Section 102(i)(2)(A) of the Final Updated Surplus Land Act (SLA) Guidelines, dated August 1, 2024, the exclusive licensing of a portion of the property outside of the times when the Dorothy Visser Senior Center is open, pursuant to the proposed Parking Agreement, does not constitute a disposition of public land, and therefore the requirements of the Surplus Lands Act are not applicable; and WHEREAS, City staff has reviewed the proposed Parking Agreement and finds it to be beneficial to the City, in that the Parking Agreement provides for public benefits and purposes in the form of continued community opportunities for use, and the monthly rent amounts are consistent with a fair market value of the property based on the timeframe when the parking would be utilized by Happy Coffee Club.
NOW THEREFORE, the City Council of the City of San Clemente does hereby find, determine and resolve as follows:
SECTION 1. The above recitals are true and correct and incorporated herein fully by reference.
SECTION 2. That the Parking Agreement with Happy Coffee Club is hereby approved for an initial term of five years with one five-year extension exercisable in the City Manager’s discretion.
SECTION 3. The execution of the Parking Agreement shall not occur until the current use of the property is conducted in compliance with all applicable laws and local ordinances. Future non-compliance related to the use of the business’s required on-site parking shall be grounds for the City to initiate revocation of the Parking Agreement, in addition to any other grounds for early termination stipulated in the Parking Agreement.
SECTION 4. That the City Manager, or the City Manager's designee, is hereby authorized and directed to execute the Parking Agreement in a form substantially similar to that presented to the City Council on November 18, 2025.
SECTION 5. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED AND ADOPTED this ___ day of _____________________, ____.
ATTEST:
City Clerk of the City of Steve Knoblock, Mayor of the San Clemente, California City of Clemente, California STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §
CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 25-181 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, 2025, by the following vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
____________________________
Elizabeth A. Mitchell, City Attorney
995292.1
Resolution No. 25-181 Page 2
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Resolution No. 25-181 Page 2