Att. 2 - Planning Commission Signed Resolution 17-017 — San Clemente City Council, February 3, 2026

RESOLUTION NO. PC 17-017

A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING
CULTURAL HERITAGE PERMIT (CHP) 16-376.

CONDITIONAL USE PERMIT (CUP) 16-377, AND SITE
PLAN PERMIT (SPP) 16-378, MIRAMAR EVENT CENTER

AND RESTAURANTS, A REQUEST TO REHABILITATE AND

ADAPTIVELY REUSE TWO HISTORIC RESOURCES, AND
FOR THE WAIVER OF 92 PARKING SPACES, INDOOR AND

OUTDOOR ON-SITE SALE AND CONSUMPTION OF A FULL

RANGE OF ALCOHOLIC BEVERAGES, AND FOR INDOOR

LIVE ENTERTAINMENT WITH AMPLIFIED SOUND AT THE
MIRAMAR EVENT CENTER, LOCATED AT 1700 NORTH EL

CAMINO REAL
WHEREAS, on October 17, 2016, an application was submitted, and completed on May 8, 2017, by El Camino Real, LLC 709 Randolph Avenue, Costa Mesa, CA 92626, for Cultural Heritage Permit (CHP) 16-376, Conditional Use Permit (CUP) 16-377, and Site Plan Permit (SPP) 16-378, Miramar Event Center and Restaurants, a request to: 1) Rehabilitate and adaptively reuse the 7,836 square foot historic Miramar Theater into a performance and event center. This includes demolition of the non-contributing portion of the building (previously occupied by an Orange Julius) and replacing it with a new structure that will contain the bathrooms for the performance and event center, 2) Rehabilitate and adaptively reuse the 5,200 square foot historic bowling alley with a 1,043 square foot addition into a culinary specialty restaurant structure, a new 5,200 square foot basement area and a 3,400 square foot outdoor courtyard eating area, and 3) Conditional Use Permit for: 92 historic parking waivers with a preservation agreement, indoor and outdoor on-site sale and consumption of a full range of alcohol and the indoor live entertainment permit with amplified sound (Miramar only) located at 1700 North El Camino Real, in the Mixed-Use zoning district and the Architectural, Costa! Zone, Pedestrian, and Central Business District Overlays (MU1-A-CZ-CB); and WHEREAS, the Planning Division has completed an initial environmental assessment of the above matter in accordance with the California Environmental Quality Act (CEQA) and recommends that the Planning Commission determine the project Is Categorically Exempt from CEQA pursuant to State CEQA Guidelines Section 15331 and 15332 (Class 31 , Historic resource restoration or rehabilitation consistent with Secretary of Interior guidelines, and Class 32, certain in-fill development projects in urban areas). This is recommended because the project is for the rehabilitation and adaptive reuse of two historic resources that are being rehabilitated in conformance with the Secretary of the Interior Standards and guidelines, and the project is the adaptive reuse of two existing historic structures that are consistent with the applicable General Plan designation and Zoning district, the project occurs within the City limits and is less than five acres in size, the project has no value as habitat for endangered, rare, or threatened species, approval of the project would not have a significant effect relating to traffic, noise, air quality, or water quality, and the site can be adequately served by all required utilities and public Attachment 2
PC Resolution 17-017, Miramar Event Center & Restaurants Page 2 of 33 services. Attached here to Exhibit B, is a complete CEQA Analysis detailing the projects Categorical Exemption analysis that is incorporated herein by reference: and WHEREAS, on November 3, 2016, and December 22, 2016 the Citis Development Management Team (DMT) reviewed the proposed project for compliance with the General Plan, Zoning Ordinance, and other applicable City Ordinances and Codes and provided conditions of approval for the project; and WHEREAS, on November 14, 2016, December 23, 2016, and March 29; 2017, the City's Cultural Heritage Subcommittee (CHSC) considered the project and supports the proposed rehabilitation project and historic analysis; and WHEREAS, on June 7, 2017, the Planning Commission of the City of San Clemente held a duly noticed public hearing on the subject application, considered written and oral comments, and facts and evidence presented by the ,;3pplicant, City staff, and other interested parties.

NOW, THEREFORE, The Plannlng Commission of the City of San Clemente does hereby resolve as follows:

Section 1 . Incorporation of' Recitals.

The Planning Commission hereby finds that all of the facts in the Recitals are true and correct and are incorporated and adopted as findings of the Planning Commission as fully set forth in this resolution.

Section 2. CEQA Findings.

Based upon its review of the entire record, including the Staff Report, any public comments or testimony presented to the Planning Commission, and the facts outlined below, the Planning Commission hereby finds and determines that the proposed project is categorically exempt from CEQA pursuant to State CEQA Guidelines Section 15331 and 15332 (Class 31, Historic resource restoration or rehabilitation consistent with Secretary of Interior guidelines, and Class 32, Certain in-fill development projects in urban areas). The Class 31 and 32 exemptions specifically exempt the prosed project from further CEQA review based on the CEQA analysis provided in Exhibit B.

Section 2. Cultural Heritage Permit Findings
With respect to Cultural Heritage Permit (CHP) 16-376, the Planning Commission finds as follows:

A. The architectural treatment of the project complies with the San Clemente General Plan in that the project will be rehabilitated using original techniques and applications of materials consistent with the original historic structures. The historic resources are in the Spanish Colonial Revival style of architecture, which is also consistent with the Architectural Overlay and the requirements of the General Plan. The following is a table detailing the General Plan policies the project is consistent wlth.

PC Resolution 17-017, Miramar Event Center & Restaurants Page 3 of 33 General Plan Policy
Historic Preservation Element Primary
Goal. To preserve, rehabilitate, restore
and adaptively reuse buildings, features,
sites, and districts with archaeological,
historical, architectural, or cultural
significance to San Clemente.

North Beach Focus Area Goal. Reestablish and maintain a vibrant community- and visitor-serving, mixed
use entertainment center which
capitalizes on its proximity to the beach
and significant
historic resources.

HP 3.03 Incentives. We pursue and
support the use of appropriate federal,
state, local, and private grants, loans, fee
waivers and tax credits and relief to
promote historic preservation.

LU-10.01 . Historic Preservation. We
preserve North Beach historic resources,
through measures such as considering
the establishment of a historic district,
ensuring new development is consistent
with the Historic Preservation and Urban
Design Elements, providing historic
preservation incentives and enforcing the
protective measures of the Zoning
Ordinance.

LU 10.02 Miramar Theater
Rehabilitation. We encourage the
rehabilitation and adaptive reuse of the
historic Miramar Theater.

HP-2.04. Adaptive Reuse. We
encourage adaptive reuse of historic
resources to preserve them and prevent
architecturally inappropriate changes,
disrepair, and demolition.

HP-2.05. State and Federal Standards.

We ensure projects follow the Secretary
of the Interior Standards for the
Treatment of Historic Properties and
standards and guidelines as prescribed
by the State Office of Historic
Consistency
Consistent. The proposed project is a
rehabilitation and adaptive reuse with
minor modification to the historic
structures. The Miramar Theater is a
Historic Landmark with historic and
cultural significance to the City of San
Clemente.

Consistent. The proposed project would
add an entertainment center and large
outdoor eatery to the area energizing the
area and the street scene. The project
capitalizes on its proximity to the beach
and significant historic resources.

Consistent. Without the approval of the
parking waivers the Miramar Theater and
Bowling Alley will not be able to be
rehabilitated and adaptively reused as the
required parking cannot be provided onsite.

Consistent. The proposed project will
preserve the historic resources by
enabling them to be rehabilitated and
establishing an adaptive reuse of the
buildings which have been vacant since
1992. The project also is requesting
historic preservation incentives in the
form of historic parking waivers aiding the
redevelopment.

Consistent. The proposed project does
rehabilitate the Miramar Theater with an
adaptive reuse.

Consistent. The vacancy of the Miramar
for the past several decades has led to
disrepair of the historic structure. The
adaptive reuse will allow the rehabilitation
of the development and prevent further
decay from happening.

Consistent. A historic structures report
was developed and approved in 2013 for
the project site and a subsequent historic
analysis was prepared this year by the
applicant to ensure the project follow the
Secretary of the Interior Standards for the
PC Resolution 17-017, Miramar Event Center & Restaurants Page 4 of 33 General Plan Policy Consistency
Preservation for any listed historic Treatment of Historic Properties and resources or properties eligible for historic standards and guidelines as prescribed listing. by the State Office of Historic
Preservation for any listed historic
resources or properties eligible for
historic listing.

Historic Preservation Implementation Consistent. The proposed project would Measure 23, Working with the property eliminate the need for a GIP program to owner, citizens, San Clemente Historical rehabilitate the Miramar, while achieving Society, schools, performing arts the goal of rehabilitating the historic business and other community groups, structure.
adopt a GIP program to assist in the
rehabilitation of the Miramar Theater.

B. The architectural treatment of the project complies with the zoning ordihance in areas including, but not limited to, height, setback, color, etc in that the project is a rehabilitation of two historic Spanish Colonial Revival commercial buildings and the buildings will be treated with a smooth white finish and other traditional finishes and architectural details consistent with the Spanish Colonial Revival architectural style.

C. The architectural treatment of the project complies with the architectural guidelines in the City's Design Guidelines in that the project is a rehabilitation of two historic Spanish Colonial Revival commercial buildings and the buildings will be treated with a smooth stucco white finish and other traditional finishes and architectural details consistent with the Spanish Colonial Revival architectural style. The proposed rehabilitation of the project maintains its original architectural style and details, and the minor additions that will be added to the structures are also in the Spanish Colonial Revival style. 0 . The general appearance of the proposal is in keeping with the historic character of the neighborhood which include the following historic Spanish Colonial Revival structures: the Casino, the Ole Hanson Beach Club, the lchibiri Restaurant, and a historic home located at 1638 Calle Las Bolas. The rehabilitation and adaptive reuse of the historic Miramar Theater and Bowling Alley will greatly improve the dilapidated state of the development, which has been vacant since the 1990's.

E. The proposal is not detrimental to the orderly and harmonious development of the City in that the General Plan specifically calls out for the rehabilitation and adaptive reuse of the Miramar Theater, and the proposed event center and restaurants are permitted with the approval of the requested Conditional Use Permit per the City Zoning Ordinance. In addition the proposed project also incorporates outdoor patios and courtyards, which are encouraged in the MixedUse zoning areas of the City.

PC Resolution 17-017, Miramar Event Center & Restaurants Page 5 of 33 F. The proposed project and uses preserves and strengthens the pedestrianorientation of the district and San Clemente's historic identity as a Spanish Village in that the proposed project rehabilitates two historic Spanish Colonial Revival resources, one of Which is a City landmark (Miramar Theater) which preserves and strengthens San Clemente's history and historic identity as a Spanish Village. The proposed use of an event center is a compatible use to the historic theater use of the Miramar, and the conversion of the Bowling Alley to restaurants with a large outdoor patio dining area strengthens the pedestrian orientation of the North Beach entertainment district helping to energize the street scene.

G. The City finds that the proposed modifications, alterations, or additions are sufficiently in conformance with the Secretary of the Interior Standards for the Treatment of Historic Properties and the San Clemente Design Guidelines to substantially further the City's goals of historic preservation in that a Historic Structures Report was developed in 2013 for the adaptive reuse of the project that detailed rehabilitation consistent with the Secretary of the Interior Standards.

The applicant submitted an updated historic analysis on the structures based on today's conditions and project scope. All rehabilitation will be completed in conformance with the Secretary of the Interior Standards and all character defining features of the two resources will be maintained.

H. The Miramar Theater is on the City's Landmarks List. and the proposed rehabilitation, including modifications, alterations, or additions, are found to be in conformance with the Secretary of the Interior Standards for the Treatment of Historic Properties and preserves the character defining features of the historic resources. This was confirmed through the Historic Resources Report of 2013 and the subsequent historic analysis completed on the projects that analyzes the proposed project and its compliance with the Secretary of the Interior Standards.

Section 3. Conditional Use Permit Findings
With respect to Conditional Use Permit (CUP) 16-377, the Planning Commission finds as follows:

A. The proposed use is permitted within the subject zone pursuant to the approval of a Conditional Use Permit and complies with all the applicable provisions of this title, the San Clemente General Plan and the purpose and intent of the zone in which the use is being proposed in that:

1. The proposed adaptive reuses of an event center and restaurants is permitted within the requested zone. The on-site sale and consumption of alcohol, indoor and outdoors, are typical ancillary uses to restaurants and event centers, and similar developments in the surrounding area also have approval for the indoor and outdoor on-site sale and consumption of alcoholic beverages including the Casino and the Ole Hanson Beach Club.

2. The Miramar Event Center is also requesting indoor live entertainment and amplified sound which is a typical operation of event centers. The Casino and Ole Hanson Beach Club also have approvals for indoor live entertainment with amplified sound.

PC Resolution 17-017, Miramar Event Center & Restaurants Page 6 of 33

3. The following table identifies the General Plan policies the project is consistent with.

General Plan Policy
Historic Preservation Element Primary
Goal. To preserve, rehabilitate, restore
and adaptively reuse buildings, features,
sites, and districts with archaeological,
historical, architectural, or cultural
significance to San Clemente.

North Beach Focus Area Goal. Re-•
establish and maintain a vibrant
community- and visitor-serving, mixed
use entertainment center which
capitalizes on its proximity to the beach
and siQnificant historic resources.

HP 3.03 Incentives. We pursue and
support the use of appropriate federal,
state, local, and private grants, loans, fee
waivers and tax credits and relief to
promote historic preservation.

LU-10.01. Historic Preservation. We
preserve North Beach historic resources,
through measures such as considering
the establishment of a historic district,
ensuring new development is consistent
with the Historic Preservation and Urban
Design Elements, providing historic
preservation incentives and enforcing the
protective measures of the Zoning
Ordinance.

LU 10.02 Miramar Theater
Rehabilitation. We encourage the
rehabilitation and adaptive reuse of the
historic Miramar Theater.

HP-2.04. Adaptive Reuse. We
encourage adaptive reuse of historic
resources to preserve them and prevent
architecturally inappropriate changes,
disrepair and demolition.

HP-2.05. State and Federal Standards.

We ensure projects follow the Secretary
of the Interior Standards for the
Treatment of Historic Properties and
standards and guidelines as prescribed
. by the State Office of Historic
Consistency
Consistent. The proposed project is a
rehabilitation and adaptive reuse with
minor modification to the historic
structures. The Miramar Theater is a
Historic Landmark with historic and
cultural significance to the City of San
Clemente.

Consistent. The proposed project does
rehabilitate the Miramar Theater with an
adaptive reuse.

Consistent. A historic structures report
was developed and approved in 2013 for
the project site and a subsequent historic
analysis was prepared this year by the
applicant to ensure the project follow the
Secretary of the Interior Standards for the
PC Resolution 17-017, Miramar Event Center & Restaurants Page 7 of 33 General Plan Policy Consistency
Preservation for any listed historic Treatment of Historic Properties and resources or properties eligible for historic standards and guidelines as prescribed listing. bythe State Office of Historic
Preservation for any listed historic
resources or properties eligible for
historic listing.

Historic Preservation Implementation Consistent. The proposed project would Measure 23, Working with the property eliminate the need for a CIP program to owner, citizens, San Clemente Historical rehabilitate the Miramar, while achieving Society, schools, performing arts the goal of rehabilitating the historic business and other community groups, structure.
adopt a CIP program to assist in the
rehabilitation of the Miramar Theater.

B. The site is suitable for the type and intensity of development that ls proposed, in that it meets required development standards including floor area ratio, height, and setbacks. The project is requesting a CUP for 92 historic parking waivers associated with a historic property as is permitted by Section 17.64.125(8)(3) of the Zoning Ordinance. As a historic property parking waiver can be issued when public parking is available near the project site. The City completed a parking study in North Beach this past August. The study in its entirety is provided under Attachment 7 of the Staff Report. The study was conducted over two weeks during peak summer hours when occupancy is highest in the area. Although the peak usage was identified as Wednesday evenings at 7:00 p.m. the next busiest time occurred at 9:00 a.m. Saturday with approximately 45% occupancy. It is anticipated that the peak usage of the Miramar Event Center will be Friday and Saturday evenings.

At a peak 49% occupancy for the overall area, that means that of the 384 public parking spaces, approximately 196 are still available. It was not confirmed that events were or were not taking place at the two other event centers (the Casino and the Ole Hanson Beach Club) during any of the surveys, so staff analyzed the numbers assuming events were not occurring to be conservative. Based on parking requirements the Ole Hanson Beach Club requires 35 parking spaces, and the Casino requires 64 spaces for a total of 99 spaces. Subtracting 99 spaces from the avialable196 leaves 97 spaces available. This is sufficient parking for the 92 historic waivers to be supported. This calculation is a conservative approach to reviewing parking impacts as it does not take into account the mix of uses in the area that typically result in a reduced overall parking impact, or if events at the existing facilities were occurring at that time of the survey. It also assumes that the project peak operating hours will be Wednesday at 7:00 p.m., when it is anticipated that the peak operating hours for the Miramar Event Center will be Friday and Saturday evenings when available parking is significantly higher.

Therefore the site is suitable for the type and intensity of development that is proposed.

PC Resolution 17-017, Miramar !=:vent Center & Restaurants Page 8 of 33 C. The proposed development will not be detrimental to the public health, safety or welfare, or materially injurious to properties and improvements in the vicinity in that:

1. The proposed project is required to comply with the Building and Safety Code, City Municipal Code and Fire Code.

2. The project is conditions to comply with the local and state requirements for the on-site sale and consumption of alcoholic beverages.

3. The outdoor patio and courtyards will be closed at 10:00 p.m. to ensure that ambient noise is not an impact to nearby properties, and to further address potential noise impacts the development will keep all doors and windows closed in the Miramar Theater when live entertainment and/or dancing is occurring.

4. To ensure parking is not Impacted a parking study was conducted in August 2016 to analyze parking availability. The Study determined that at peak utilization there is only 49% occupancy for the overall area, which means that of the 384 public parking spaces, approximately 196 are still available. It was not confirmed that events were or were not taking place at the two other event centers (the Casino and the Ole Hanson Beach Club) during any of the surveys, so staff analyzed the numbers assuming events were not occurring to be conservative. Based on parking requirements the Ole Hanson Beach Club requires 35 parking spaces, and the Casino requires 64 spaces for a total of 99 spaces. Subtracting 99 spaces from the avialable196 leaves 97 spaces available. This is sufficient parking for the 92 historic waivers to be supported. This calculation is a conservative approach to reviewing parking impacts as it does not take into account the mix of uses in the area that typically result in a reduced overall parking impact, or if events at the existing facilities were occurring at that time of the survey.

D. The proposed use will not negatively impact surrounding land uses as stated in the environmental analysis provided under Exhibit B and in that:

1. The project is required to operate within the City's noise ordinance ensuring permitted noise levels are not exceeded, and the outdoor patio and courtyard areas are to close no later than 10:00 p.m. to minimize ambient noise levels.

2. The project is conditioned to comply with the local and state requirements for the on-site sale and consumption of alcoholic beverages.

3. A parking study has concluded that there is sufficient parking in the area to support the historic parking waivers requests, and the project is consistent with the goals of the General Plan to rehabilitate the Miramar Theater with an adaptive reuse. The proposed project is also consistent with goals of the pedestrian overlay to promote a pedestrian enhancing experience that promotes and supports outdoor dining areas and courtyards along the public right-of-way.

E. The structures are listed on the City's Designated Historic Structures List as the Miramar Theater was built in 1937 and the Bowling Alley was constructed in 1946.

PC Resolution 17-017, Miramar !=vent Center & Restaurants Page 9 of 33 The Miramar is eligible for a state and national listing as a historic resource, as well as eligibility to be designated as a local historic landmark.

F. The parking required by the zone and/or district within which the property is located cannot be provided without altering or modifying the historic structures in a manner which is incompatible with the historic structures' original architectural style and character in that there are zero parking spaces currently located on-site. Sufficient parking could not be established on-site without demolition of one of the existing historic structures to create more surface parking, or modifying the historic structure to create underground parking. Both options would greatly impact the historic structure and result in demolition of large components of the resource.

G. Public parking is available In close proximity to the structure in that there is public parking located across the street in a public lot, as well as substantial on-street public parking located around the project. This past August (2016) staff completed a parking study of North Beach. Currently there are 586 public and private parking spaoes in the North Beach Study Area. Of these, 230 of the space are public offstreet spaces (in parking lots) and 154 are on-street parking spaces, for a total of 384 public parking spaces. The study found that the overall peak occupancy for the area was Wednesday at 7:00 p.m. with 49% occupancy. This means, of the 384 spaces, approximately 196 spaces are still available. The 196 vacant spaces is more than adequate supply to accommodate the ninety-two (92) historic waivers requested by the applicant.

Additionally, in consideration of potential future parking that has been identified for development on the MO2 Channel, Marblehead Coastal Site, and a portion of the water reclamation plant on Pico, there will be sufficient future parking infrastructure to provide the necessary parking for the 92 historic parking waivers if the existing parking supply is reduced,
H. The modification of the parking requirements will not be detrimental to the health, safety and general welfare of either the people residing in the area or the general public in that staff has determined that there is currently sufficient available public parking directly adjacent to the project site, and allowing the historic structure to be rehabilitated and revitalized will be a substantial improvement to the North Beach area. Additionally, in consideration of potential future parking that has been identified for development on the MO2 Channel, Marblehead Coastal Site, and a portion of the water reclamation plant on Pico, there will be sufficient future parking infrastructure to provide the necessary parking for the 92 historic parking waivers if the existing parking supply is reduced.

Section 4. Site Plan Permit Findings
With respect to Site Plan Permit (SPP) 16-378, the Planning Commission finds as follows:

A. The proposed development is permitted within the subject zone pursuant to the approval of a Site Plan Permit and complies with all the applicable provisions of this title, the goals, and objectives of the San Clemente General Plan, and the PC Resolution 17-017, Miramar Event Center & Restaurants Page 10 of 33 purpose and intent of the zone in which the development is being proposed, in that the proposed project is for the rehabilitation of two historic resources and the minor additions that require approval of the site plan permit meet the zoning ordinance and are necessary to meet health and safety requirements pertaining to plumbing and environmental health requirements. The development is consistent with the goals and objectives of the General Plan for the redevelopment and adaptive reuse of the subject historic structures on the property and the proposed adaptive reuses are an event center and restaurant which are permitted in the subject zone pending approval of a conditional use permit. The following table identifies the General Plan policies the project is consistent with.

HP 3.03 Incentives. We pursue and
support the use of appropriate federal,
state, local, and private grants, loans, fee
waivers and tax credits and relief to
promote historic preservation.

LU-10.01 . Historic Preservation. We
preserve North Beach historic resources,
through measures such as considering
the establishment of a historic district,
ensuring new development is consistent
with the Historic Preservation and Urban
De~ign Elements, providing historic
preservation incentives and enforcing the
protective measures of the Zoning
Ordinance.

LU 10.02 Miramar Theater
Rehabilitation. We encourage the
rehabilitation and adaptive reuse of the
historic Miramar Theater.

HP-2.04. Adaptive Reuse. We
Consistency
Consistent. The proposed project is a
rehabilitation and adaptive reuse with
minor modification to the historic
structures. The Miramar Theater is a
Historic Landmark with historic and
cultural significance to the City of San
Clemente.

Consistent. The proposed project does
rehabilitate the Miramar Theater with an
adaptive reuse.

Consistent. The vacancy of the Miramar
PC Resolution 17-017, Miramar Event Center & Restaurants Page 11 of 33 General Plan Policy Consistency
encourage adaptive reuse of historic for the past several decades has led to resources to preserve them and prevent disrepair of the historic structure. The architecturally inappropriate changes, adaptive reuse will allow the rehabilitation disrepair and demolition. of the development and prevent further decay from happening.

HP-2.05. State and Federal Standards. Consistent. A historic structures report We ensure projects follow the Secretary was developed and approved in 2013 for of the Interior Standards for the the project site and a subsequent historic Treatment of Historic Properties and analysis was prepared this year by the standards and guidelines as prescribed applicant to ensure the project follow the by the State Office of Historic Secretary of the Interior Standards for the Preservation for any listed historic Treatment of Historic Properties and resources or properties eligible for historic standards and guidelines as prescribed listing. by the State Office of Historic
Preservation for any listed historic
resources or properties eligible for
historic listing.

Historic Preservation Implementation Consistent. The proposed project would Measure 23, Working with the property eliminate the need for a CIP program to owner, citizens, San Clemente Historical rehabilitate the Miramar, while achieving Society, school's, performing arts ttie goal of rehabilitating the historic business and other community groups, structure.
adopt a CIP program to assist in the
rehabilitation of the Miramar Theater.

B. The site is suitable for the type and intensity of development that is proposed in that it meets required development standards including floor area ratio, height, and setbacks. The project is requesting a CUP for 92 historic parking waivers associate with a historic property as is permitted by Section 17.64.125(8)(3) of the Zoning Ordinance. As a historic property parking waiver can be issued is public parking is available near the project site. The City completed a parking study in North Beach this past August. The study in its entirety is provided under Attachment 7 of the Staff Report. The study was conducted over two weeks during peak summer hours when occupancy is highest in the area. Although the peak usage was identified as Wednesday evenings at 7:00 p.m. the next busiest time occurred at 9:00 a.m. Saturday with approximately 45% occupancy. It is anticipated that the peak usage of the Miramar Event Center will be Friday and Saturday evenings.

At a peak 49% occupancy for the overall area, that means that of the 384 public parking spaces, approximately 196 are still available. It was not confirmed that events were or were not taking place at the two other event centers (the Casino and the Ole Hanson Beach Club) during any of the surveys, so staff analyzed the numbers assuming events were not occurring to be conservative. Based on parking requirements the Ole Hanson Beach Club requires 35 parking spaces, and the Casino requires 64 spaces for a total of 99 spaces. Subtracting 99 spaces from PC Resolution 17-017, Miramar Event Center & Restaurants Page 12 of 33 the avialable196 leaves 97 spaces available. This is sufficient parking for the 92 historic waivers to be supported. This calculation is a conservative approach to reviewing parking impacts as it does not take into account the mix of uses in the area that typically result in a reduced overall parking impact, or if events at the existing facilities were occurring at that time of the survey. It also assumes that the project peak operating hours will be Wednesday at 7:00 p.m., when it is anticipated that the peak operating hours for the Miramar Event Center will be Friday and Saturday evenings when available parking is significantly higher.

Therefore the site is suitable for the type and intensity of development that is proposed.

C. The proposed development will not be detrimental to the public health, safety or welfare, or materially injurious to properties and improvements in the vicinity in that the proposed project is required to comply with the Building and Safety Code, City Municipal Code and Fire Code.

D. The proposed development will not be unsightly or create disharmony with its locale and surroundings in that the proposed development is a rehabilitation of two historic resource that have deteriorated since they have become vacant in the 1990's. This continued vacancy and decline in the structures has created a blighted development. The rehabilitation and reuse of the development will improve the existing site conditions and improve the surrounding area.

E. The proposed development will minimize or eliminate adverse physical or visual effects which might otherwise result from unplanned or inappropriate development, design or location in that the proposed project will rehabilitate a landmark historic resource, the Miramar Theater (opened in 1938), and the historic bowling alley (opened in 1946), which are part of the City's original planned development and are an integral part of the City's history and pride. This rehabilitation is a specific goal identified in the General Plan and the project will implement that goal. The proposed rehabilitation and reuse has minimal modifications to the site and minimal additions are prosed to accommodate for modern health and safety code requirements. Should the proposed historic resources not be retained and rehabilitated, the General Plan land use designation is Mixed Use and permits up to a three story mixed-use development with a 1.0 FAR. The current project is a single story development with approximately a 0.5 FAR and is substantially less dense than what would be ailowed under the General Plan and Zoning Ordinance minimizing adverse physical and visual effects.

Section 5. Planning Commission Approval.

Based on the foregoing recitals and findings above, and the written and oral comments, facts, and evidence presented, the City of San Clemente Planning Commission Cultural Heritage Permit(CHP) 16-376, Conditional Use Permit(CUP) 16-377, and Site Plan Permit (SPP) 16~378, Miramar Event Center and Restaurants, subject to the above Findings, the Conditions of Approval set forth in Exhibit A. and the Categorical Exceptions analysis provided under Exhibit B.

PC Resolution 17-017, Miramar Event Center & Restaurants Page 13 of 33 PASSED AND ADOPTED at a regular meeting of the City of San Clemente Planning Commission on June 7, 2017.

Chair
CERTIFICATION:

I HEREBY CERTIFY this Resolution was adopted at a regular meeting of the City of San Clemente Planning Commission on June 7, 2017, carried by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

COMMISSIONERS:

Brown, Crandell, Blackwell, Talley, Wu, Smith
Eggleston
PC Resolution 17-017, Miramar Event Center & Restaurants Page 14 of 33

CONDITIONS OF APPROVAL
Cultural Heritage Permit (CHP) 16-376, Conditional Use Permit (CUP) 16-377, and Site Plan Permit (SPP) 16-378, Miramar Event Center and Restaurants

GENERAL CONDITIONS

1. The applicant or the property owner or other holder of the right to the development entitlement(s) or permit(s) approved by the City for the project, if different from the applicant (herein, collectively, the "lndemnitor'') shall indemnify, defend, and hold harmless the City of San Clemente and its eleded city council, its appointed boards, commissions, and committees, and its officials, employees, and agents (herein, collectively, the "lndemnitees") from and against any and all claims, liabilities, losses, fines, penalties, and expenses, including without limitation litigation expenses and attorney's fees, arising out of either (i) the City's approval of the project, including without limitation any judicial or administrative proceeding initiated or maintained by any person or entity challenging the validity or enforceability of any City permit or approval relating to the project, any condition of approval imposed by City on such permit or approval, and any finding or determination made and any other action taken· by any of the lndemnitees in conjunction with such permit or approval, including without limitation any action taken pursuant to the California Environmental Quality Act ("CEQA"), or (ii) the acts, omissions, or operations of t~e lndemnitor and the directors, officers, members, partners, employees, agents, contractors, and subcontractors of each person or entity comprising the lndemnitor with respect to the ownership, planning, design, construction, and maintenance of the project and the property for which the project is being approved. The City shall notify the lndemnitor of any claim, lawsuit, or other judicial or administrative proceeding (herein, an "Action") within the scope of this indemnity obligation and request that the lndemnitor defend such Action with legal counsel reasonably satisfactory to the City. If the lndemnitor fails to so defend the Action, the City shall have the right but not the obligation to do so and, if it does, the lndemnitor shall promptly pay the City's full cost thereof.

Notwithstanding the foregoing, the indemnity obligation under clause (ii) of the first sentence of this condition shall not apply to the extent the claim arises out of the willful misconduct or the sole active negligence of the City. [Citation - City Attorney Legal Directive/City Council Approval June 1, 2010] (Ping.) __

2. Thirty (30) days after project approval, the owner or designee shall submit written consent to all of these imposed conditions of approval to the Community Development Director or designee. [Citation - City Attorney Legal Directive/City Council Approval June 1, 2010] (Ping.) __

3. A detailed landscape plan shall be prepared by a licensed Landscape Architect and shall be submitted for approval by the City's contract Landscape Architect prior to issuance of Building Permits. The property owner or designee shall maintain all landscaped areas as approved on the final landscape plans in an orderly, attractive and healthy condition. This shall include proper pruning, mowing of turf areas, PC Resolution 17-017, Miramar Event Center & Restaurants Page 15 of 33 weeding, removal of litter, fertilization, replacement of plants when necessary, and the regular application of appropriate quantities of water to all landscaped areas.

The property owner or designee shall maintain all irrigation systems as approved on the final landscape plans in proper operating condition. Waterline breaks, head/emitter ruptures, overspray or runoff conditions and other irrigation system failures shall be repaired immediately. [Citation - Section 17. 68. 060.A&B of the of the SCMC] (Ping.) __

4. CHP 16-376, CUP 16-377 and SPP 16-378 shall become null and void if the use is not commenced within three (3) years from the date of the approval thereof.

Since the use requires the issuance of a building permit, the use shall not be deemed to have commenced until the date that the building permit is issued for the development. [Citation - Section 17. 12. 150.A. 1 of the SCMC] (Ping.) __

5. A use shall be deemed to have lapsed, and CHP 16-376, CUP 16-377 and SPP 16-378 shall be deemed to have expired, when a building permit has been issued and construction has not been completed and the building permit has expired in accordance with applicable sections of the California Building Code, as amended. [Citation - Section 17. 12. 150. C. 1 of the SCMCJ (Ping.) __

6. The owner or designee shall have the right to request an extension of CHP 16- 376, CUP 16-377 and SPP 16-378 if said request is made and filed with the Planning Division prior to the expiration date as set forth herein. The request shall be subject to review and approval by the final decision making authority that ultimately approved or conditionally approved the original application. [Citation - Section 17. 12. 160 of the SCMC] (Ping.) _ _
Signs

7. Signage is not part of this review. Any signage for this proposed development shall require the owner or designee to submit for review and obtain approval of a Sign Permit or Master Sign Program in accordance with the City's Sign Ordinance. [Citation - Section 17.16.240.D& 17.16.250.D of the SCMCJ (Ping.) __

8. Window and banner signage is not part of this review. Window or banner signage shall comply with Zoning Ordinance Table 17.84.030A & Section 17.84.030(H), and any applicable Master Sign Programs. [Citation - Section 17.16.240.D of the SCMC] (Code Enforce.) __ (Plng.) __
Special Activity Permit (SAP) - One-time Administrative

9. The applicant shall inform Code Enforcement staff two weeks prior to the beginning of any specia.1 event. The applicant shall provide to staff in writing information associated with hours, verification of event parking, and security, and new information associated with the proposed special event for review by staff. [Citation - Section 17.28.295F of the SCMC) (Code Enforce.) __
PC Resolution 17-017, Miramar Event Center & Restaurants Page 16 of 33 Special Activity Permits (SAP) - Zoning Administrator review

10. For more than one special activity in a year a Special Activity Permit must be reviewed and approved by the Zoning Administrator. This is a public hearing proces~. [Citation - Section 17. 28. 295F of the SCMC]
(Plng.) __ (Code Enforce.) __
Alcohol/ Live Entertainment

11. The sale of alcohol and indoor on-site consumption shall be limited to the hours of 6:00 a.m. to 2:00 a.m., and outdoor onsite sale and consumption of alcohol shall be limited to the hours of 6:00 a.m. and 10:00 p.m. (all outdoor areas must close at 10 p.m.) Any proposed change in the hours of operation shall require an amendment to this Conditional Use Permit. {Citation - Division 9 (Alcoholic Beverages), Section 25631 to 25633of Business & Professions Code, State of California] (Ping.) __

12. The owner or designee shall obey all rules, regulations and conditions imposed upon the project through, but not limited to, the Alcoholic Beverage Commission (ABC) and relevant State laws. Revocation of, or sale of said ABC license to another person at another location, shall render this Use Permit null and void. Prior to any sale of the ABC license, the owner or designee shall notify the Community Development Department of the sale. [Citation - Division 9 (Alcoholic Beverages), Business and Professions Code, State of California] (Ping.) __

13. The owner or designee shall obey all rules, regulations and conditions imposed upon the project through, but not limited to, the Alcoholic Beverage Commission (ABC) and relevant State laws. Revocation of, or sale of said ABC license to another person at another location, shall render any City approved CUP for alcohol service at the subject property null and void. Prior to any sale of the ABC license, the owner or designee shall notify the Community Development Department of the sale. [Citation - Division 9 (Alcoholic Beverages), Business and Professions Code, State of California] (Ping.) __

14. The sale and consumption of alcohol use shall be deemed to have lapsed, and shall be deemed to have expired, ninety (90} days after the date the on~site sale and indoor and outdoor consumption of alcohol ceases operation and/or the business closes at such location. [Citation - Section 17. 12. 150(C) of the SCMCJ (Ping.) __

15. The owner or designee shall be responsible for closing, and keeping shut, all exterior windows, doors, and skylights when live entertainment and/or dancing is being conducted, with the exception of when doors are used to enter-and-exit the building. ■■(Sheriff) __

16. The owner shall have a manager on the premises at all times during the hours of operation when live entertainment and/or dancing are occurring. ■ (Ping.) __ PC Resolution 17-017, Miramar Event Center & Restaurants Page 17 of 33

17. The property owner, applicant, or designee shall be responsible for immediately resolving any problems associated with the activity and/or issues of concern raised by neighbors. ■■ (Ping.) __

18. The live entertainment and dancing may be closed down at the discretion of the Police Department if it becomes unreasonably loud or boisterous, if it exceeds the standards contained in the City's noise ordinance, or results in a public safety hazard. The live entertainment and dancing may be closed down at the discretion of the Fire Department due to overcrowding or other hazardous conditions. ■■(Fire)(Sheriff) __

19. The applicant shall inspect the property and all surrounding properties following each live entertainment and/or dancing activity and remove all debris to the extent permitted by the property owner (Code Enforce.)(Sheriff) _ _

20. Only bartenders and waitresses may sell alcoholic beverages. Roving promotional persons, engaged in the sale of liquor, will not be permitted during live entertainment and/or dancing activity. ■■ (Sheriff) __

21. The applicant shall have security be on site at all times while live entertainment and/or dancing activity are conducted, stationed at the front door, rear door, and within the building for a minimum of two (2) security personnel during live entertainment. All security personnel shall wear a shirt or jacket with the word "security" in 2 inch or larger letters visible at all times while on the property. If it is found that two (2) security guards are not adequate, at the discretion of the Police Department, they may require additional security on site. ■ ■ (Sheriff) __

22. After 10:00 p.m. security personal shall check the identification of live entertainment and/or dancing activity attendees to confirm they are at least 21 years old before allowing them to access the event. At the discretion of the City Planner, applicant may make a formal request to the Planning Division to allow persons under 21 years of age after the hours of 10:00 p.m. for special events. ■■ (Sheriff) __

23. If for any reason City Staff determines the live entertainment and/or dancing use is not in compliance with the conditions of approval or intent of the Zoning Code related to Conditional Use Permits, the permit may be revoked and/or sent to the Planning Commission for modification. Any request for expansion of the activity must be approved by the Planning Commission as an amendment to the Conditional Use Permit. ■■ (Ping.) __

24. Live entertainment and amplified sound is permitted to be conducted until 2:00 a.m. daily inside the Miramar Event Center as shown on the approved plans submitted as part of this CUP. ■■ (Ping.) __

25. At any time during permitted hours, live entertainment and amplified sound shall be set-up in only one of the music locations as specified on the approved plans submitted as part of this CUP. ■■ (Ping.) __
PC Resolution 17-017, Miramar Event Center & Restaurants Page 18 of 33 Conditions that Apply to Operations at All Times

26. Discharge of washwater and other pollutants is prohibited from entering the storm drain system. Applicant must prevent pollutants (e.g. sediment, trash, food waste etc.) and any washwater used during cleanup from entering the storm drain system. ■■(Eng) (Code Enforce.) _ _

27.Abide by all applicable laws, including Orange County Health Department and the California Department of Alcoholic Beverage Control (ABC) laws. (Code Enforce.)(Health)(ABC) _ _

28. Security personnel shall ensure patrons don't loiter on and in front of the premises, disrupt neighbors, and direct and ensure patrons to leave the property immediately after the facility closes. ■■ (Code Enforce) (Sheriff) __

29. The applicant or designee shall be responsible for directing speakers away from doors and windows at all times. ■■(Sheriff) --

30. The owner or designee shall post conditions of approval for the Miramar and the Restaurants in a location clearly visible to employees to ensure they are informed of and adhere to requirements and policies for all operations of the restaurant, including but not limited to live entertainment and/or dancing activity and alcohol service. ■■ (Code Enforce) (Sheriff) __

31. The business owner shall use their best judgment and best management practices to ensure activities on the premises will be conducted in a manner that will not be disruptive to other commercial or residential neighbors and result in police services, which cost the City of San Clemente expense. ■■ (Code Enforce) (Sheriff) __ ~t-aecomes necessary to open doors and ·.vindov.is after 9:00 p.m., the volume of amplified sound shall be lowered to maintain the same volume of sound outside the building that is audible with the building openings shut. Deleted by Planning Commission June 7, 2017. .. (Code Enforce) (Sheriff) __

33. In the event that noise impacts neighboring properties, the tenant must soundproof the facility, or use other best management practices as determined by the City Planner, to eliminate the problem and comply with the City's noise ordinances. ■■ (Ping.) _ _

34. No trucks shall remain idling for more than five (5) minutes when loading or unloading deliveries. ■■ (Ping.) __

35. If necessary due to multiple noise complaints and documented violations, a volume regulator shall be installed to ensure that noise levels do not exceed an appropriate level. Additionally, a manager will always be onsite to regulate the sound volume. ■■ (Ping.) __

36.A separate Building Permit is required. Plans to construct new building, add or alter the existing building configuration, change in use, add or alter structural, mechanical, PC Resolution 17-017, Miramar Event Center & Restaurants Page 19 of 33 electrical or plumbing features of the project must be reviewed and approved through a separate building plan check/ permit process. (Bldg.) __ [S.C.M.C - Title 8 - Chapter 8.16- Fire Code, Title 15 Building Construction - Chapters 15.08, 15.12, 15.16, 15.20]

37. Project has not been reviewed for Building Code compliance. Prior to issuance of building permits, code compliance will be reviewed during building plan check. (Bldg.) __
[S.C.M.C - Title 8 - Chapter 8.16- Fire Code, Title 15 Building Construction - Chapters 15.08, 15.121 15.16, 15.20]

38. Building permits shall not be issued unless the project complies with all applicable codes, ordinances, and statutes including, but not limited to, the Zoning Ordinance, Grading Code, Security Ordinance, Transportation Demand Ordinance, Water Quality Ordinance, Title 24 of the California Code of Regulations as adopted by the City including, but not limited to the California Building Code, Administrative, Electrical, Plumbing, Mechanical, Energy, Green, and Fire Codes. (Bldg.) __ [ S. C.M. C - Title 8 - Chapter 8.16 - Fire Code, Title 15 Building and Construction Chapters 15.08, 15.12, 15.16, 15.20, 15.21, Title 16 Subdivisions, Title 17 Zoning]

39. This project would be eligible to use the California Historic Building Code (Title 24- Part 8), the property owner would be required to request the use of this code.

Specific impacts of the use of this code has not been evaluated at this time and would be addressed during the review for Building Code compliance. (Bldg.). __ [S.C.M.C- Title 15 Building Construction]

40. Prior to issuance of building permits, applicant shall secure all utility agencies approvals for the proposed project. (Bldg.) _ _
[S.C.M.C- Title 15 Building Construction]
41 . Prior to the issuance of building permits, the owner or designee shall submit plans that identify the intended use of each building or portion of building and obtain approval of the Building Official. (Bldg.) __
[S.C.M.C - Title 15 - Chapter 15.08]

42. Prior to the issuance of building permits, the owner or designee shall pay all applicable development fees in effect at the time, which may include, but are not limited to, Regional Circulation Financing and Phasing Program (RCFPP), park acquisition and development, water and sewer connection, drainage, Public Facility Construction, transportation corridor, Avenida La Pata Supplemental Road Fee and school fees, etc. (Bldg.) __
[S. C. M. C. - Title 15 Building and Construction, Chapters 15. 52, 15. 56, 15. 60,

15.64, 15.68, 15.72}
PC Resolution 17-017, Miramar Event Center & Restaurants Page 20 of 33

43. Prior to issuance of any building permits, an acoustical analysis report describing the acoustical design features of the structures required to satisfy the exterior and interior noise standards shall be submitted to the Building Division for approval along with satisfactory evidence which indicates that sound attenuation measures specified in the approved acoustical report have been incorporated into the project. (Bldg.) __
[General Plan - Noise Element - Implementation Program I 14.4 and California Building Code Chapter 12 - Section 1207]

44. Prior to issuance of building permits, the owner or designee shall submit a copy of the City Engineer approved soils and geologic report, prepared by a registered geologist and/or soil engineer, which conforms to City standards and all other applicable codes, ordinances, statutes and regulations. The soils report shall accompany the building plans, engineering calculations, and reports. (Bldg.) __
{S.C.M.C- Title 15 - Chapter 15.08 - Appendix Chapter 1-Section 106.1.4]

45. Prior to the Building Division's approval to pour foundations, the owner or designee shall submit evidence to the satisfaction of the City Building Official or designee that a registered civil engineer that is licensed to do surveying or land surveyor has certified that the forms for the building foundations conform to the front, side and rear setbacks are in conformance to the approved plans. [S.C.M.C - Title 15- Chapter 15.08, Title 17-Chapter 17.24] (Bldg.) __

46. Prior to the Building Division's approval of the framing inspection, the owner or designee shall submit evidence to the satisfaction of the City Building Official or designee that a registered civil engineer that is licensed to do surveying or land surveyor has certified that the height of all structures are in conformance to the approved plans. [S. C.M. C - Title 15 - Chapter 15. 08, Title 17- Chapter

17.24] (Bldg.) _ _

47.Prior to the review of grading plans, soils report and documents, the owner or designee shall deposit a minimum of $5,000.00 for plan check. [Citation - Fee Resolution No. 08-81 and Section 15.36 of the SCMCJ (Eng.), _ _

48. Prior to issuance of the building permit, the owner shall pay all applicable development fees, which may include, but are not limited to, City Attorney review, development, water and sewer connection, drainage, grading, RCFPP, transportation corridor, etc. [Citation- Fee Resolution No. 08-81& S.C.M.C. Title 15, Building and Construction, Sections 15. 52, 15. 56, 15. 601 15. 64, 15. 68,

15.72] (Eng.) __
Reports -Soils and Geologic, Hydrology

49. Prior to the issuance of any permits, the owner or designee shall submit for review, and shall obtain the approval of the City Engineer or designee for, a soils and geologic report prepared by a registered geologist and/or geotechnical engineer which conforms to City standards and all other applicable codes, ordinances and regulations. [Citation - Section 15.36 of the SCMCJ (Eng.) __ PC Resolution 17-017, Miramar Event Center & Restaurants Page 21 of 33

50. Prior to the issuance of any permits, the City Engineer shall determine that development of the site shall conform to general recommendations presented in the geotechnical studies, including specifications for site preparation, treatment of cut and fill, soils engineering, and surface and subsurface drainage. [Citation - Section 15.36 of the SCMCJ (Eng.) _ _
Grading

51. Prior to the issuance of any permits, the owner or designee shall submit for review, and obtain the approval of the City Engineer, a precise grading plan, prepared by a registered civil engineer, showing all applicable frontage improvements and onsite improvements, including but not limited to, grading, building pad grades, storm drains, sewer system, retaining walls, water system, water quality features, erosion control devices, etc., as required by the City Grading Manual and Ordinance. [Citation - Section 15.36 of the SCMC] (Eng.) __ Improvement Plans

52. Prior to issuance of any permits, the owner or designee shall submit for review, and shall obtain the approval of the City Engineer or designee for frontage improvement plans, prepared by a registered civil engineer. The owner or his designee shall be responsible for the construction of all required frontage and onsite improvements as approved by the City Engineer including but not limited to the following: [Citation - Section 15.36, 12.08.010, and 12.24.050 of the SCMCJ ■ (Eng.}, _ _
A. Per City Municipal Code Section 12.08.010 (A}, when building permit valuations exceed $50,000, the owner or designee shall construct sidewalk along the public property frontages. This includes construction of compliant sidewalk around drive approach or other obstructions to meet current City standards (2% cross fall) when adequate right-of-way exists. Since the street right-of-way varies along the frontage, a sidewalk easement may be required to be granted to the City for any portion of sidewalk needed to go up and around the drive approach or other obstructions.

B. In the event that areas of sidewalk or other street improvements are disturbed or damaged during the construction project, the applicants shall be responsible for replacing said sidewalk or other street improvements prior to the finalization of any Engineering or Building Permits.

C. The developer shall be responsible for adjusting all utilities to grade that conflict with necessary sidewalk and drive approach improvements.

D. An Engineering Department Encroachment Permit shall in place prior to the commencement of any work in the public right-of-way.

PC Resolution 17-017, Miramar Event Center & Restaurants Page 22 of 33

53. Prior to any changes in the project application or site activities that involve valet services or modified passenger drop-offs, or other such activities which may effect traffic circulation won surrounding public streets, the owner or designee shall submit such a request for review and shall obtain the approval of the City Engineer and City Planner. Service and supply deliveries shall be done from Calle Deshecha to the maximum extent feasible ■■ (Eng.) __

54. Prior to issuance of any permits, the owner or designee shall submit for review and shall obtain the approval of the City Engineer or designee for water improvement plans specific to the project, prepared by a registered civil engineer, which reflect consistency with the City's Water standards. Said plan shall provide for the following: [Citation - Section 15.36 of the SCMCJ (Eng.) _ _ A. All water meters shall be tapped into the public water main and be located in the public ROW.

B. A double detector check shall be installed at the transition from public to private for water systems.

NPDES

55. Prior to issuance of any permit, the owner shall demonstrate to the satisfaction of the City Engineer that the project meets all requirements of the Orange County National Pollutant Discharge Elimination System (NPDES) Storm Drain Program, and Federal, State, County and City guidelines and regulations, in order to control pollutant run-off. The owner shall submit for review, and shall obtain apptoval of the City Engineer for, plans for regulation and control of pollutant run-off by using Best Management Practices (BMP's). [Citation - Section 13.40 of the SCMC] (Eng.) __

56. Prior to issuance of any permit, the owner or designee shall submit for review a project binder containing the following documents: [Citation - Section 13.40 of the SCMCJ (Eng.) _ _
A. Since the site is determined to be a "Priority Project" (as defined by the Orange County's MS4 Permit for the South Orange County Model WQMP ,http://www. waterboards. ca .gov/sandiego/water issues/programs/sto rmwater/ ) a final Water Quality Management Plan (WQMP) must be approved by the City prior to issuance of any permits. The final WQMP shall recorded with the Orange County Recorder's Office and filed with the City prior to Certificate of Occupancy. Site improvement plans shall incorporate all necessary WQMP requirements, including but not limited to co'-'.'ered trash enclosures.

PC Resolution 17-017, Miramar Event Center & Restaurants Page 23 of 33

57. Prior to release of financial security, the owner or designee shall have completed the stenciling of all catch basins and/or storm drain inlets with labels 3" high in black letters, on either the top of the curb or the curb face adjacent to the inlet "NO DUMPING - DRAINS TO OCEAN". These markers shall be maintained in good condition by the Property Owner.[Citation - Section 13.40 of the SCMCJ (Eng.) __
Financial Security

58. Prior to issuance of any permits, the owner shall provide separate improvement surety, bonds, or irrevocable letters of credit, as determined by the City Engineer for 100% of each estimated improvement cost, as prepared by a registered civil engineer as approved by City Attorney/City Engineer, for the following: grading improvements; frontage improvements; sidewalks; sewer lines; water lines; onsite storm drains; water quality improvements, and erosion control. In addition, the owner shall provide separate labor and material surety for 100% of the above estimated improvement costs, as determined by the City Engineer or designee. [Citation - Section 15.36 of the SCMCJ (Eng.) _ _
Planning Conditions

59. Prior to issuance of a building permit the applicant shall demonstrate that they have entered into a Historic Property Preservation Parking Waiver Incentive Agreement with the City of San Clemente. The Agreement will ensure the historic preservation and reuse of the Miramar Theater and Bowling Alley building. The Agreement will ensure that the City will provide a non-exclusive right to ninety-two (92) public parking spaces, the number of required spaces waived, as an incentive to reuse and restore the Miramar Theater and Bowling Alley per Secretary of Interior Standards. Additional public spaces will be provided by the City at a time deemed appropriate as described in the agreement. The spaces will be maintained by the City, and at City expense, as long as the Miramar Theater and Bowling Alley are maintained and reused in accordance with the agreement and Secretary of Interior Standards for Historic Structures. ■■ (Ping.) _ _

60. Prior to issuance of certificate of occupancy, the project shall be develop in conformance with the site plan, floor plans, elevations, details, and any other applicable submittals approved by the Planning Commission on June 7, 2017, subject to the Conditions of Approval.

Any deviation from the approved site plan, floor plans, elevations, details, or other approved submittal shall require that the owner or designee submit modified plans and any other applicable materials as required by the City for review and obtain the approval of the City Planner or designee. If the City Planner or desi_gnee determines that the deviation is significant, the owner or designee shall be required to apply for review and obtain the approval of the Zoning Administrator. [Citation - Section 17. 12. 180 of the SCMC] (Ping.) __ 61 . Prior to issuance of any commercial building permits, the owner or designee shall submit for review and obtain approval of the Director of Community Development PC Resolution 17-017, Miramar Event Center & Restaurants Page 24 of 33 or designee plans indicating that the height of any roof mounted equipment shall not exceed the height of the parapet wall to the extent possible, to screen the equipment, and the equipment will be painted in such a manner as to cause the equipment to blend with the roof when viewed from surrounding areas. Additional screening devices may be required in conjunction with tenant improvements if deemed necessary by the Director of Community Development. [Citation - Section

17.24.050.C.2 of the S.C.M.C.} (Ping.) __

62. The applicant shall apply for the necessary tenant improvements utilizing a Historic Preservation Consultant. A Historic Preservation Consultant shall be retained through the completion of the rehabilitation of the Miramar and Bowling Alley to ensure any changes that may be proposed for the project site shall be completed in compliance with the Secretary of Interior Standards for the Rehabilitation of Historic Structures so there will be no negative impacts to the historic resources. ■■ (Ping.) __

63. Any future improvements to the facility shall be done with the use of a Historic Resource Preservation Consultant .to ensure any changes that may be proposed for the project site shall be completed in compliance with the Secretary of Interior Standards for the Rehabilitation of Historic Structures so there will be no negative impacts to the historic resources. ■■ (Ping.) __

64. The design goal is to protect and maintain all historic features and materials. The applicant will follow all recommendations outlined in the Historical Structural Report (HSR) dated 2013, 2017 Historic Analysis and Matrix, and the Secretary of the Interior's Standards for Rehabilitation addressing each historic character defining material or feature . A Documentation Plan will be provided through the construction process to record all decisions to support the Historic rehabilitation of the property. If necessary an update to the 2017 Historic Analysis Matrix shall be prepared if changes are deemed necessary for finalizing construction documents, and final rehabilitation plan to ensure no impacts to the historic resources. ■■ (Ping.) _ _

65. Prior to the issuance of building permits, the owner or designee shall demonstrate to the satisfaction of the City Planner or designee that approval by the California Coastal Commission has been obtained for the project. [Citation - Division 20 of the Public Resources Code & Section 17.56.050 of the S.C.M.C.] (Ping.) __

66. Prior to the issuance Certificates of Occupancy, the owner or designee shall demonstrate to the satisfaction of the City Planner or designee that all exterior lighting is designed, arranged, directed or shielded per the approved plans, and in such a manner as to contain direct illumination on site, thereby preventing excess illumination onto adjoining site( s) and/or street( s ). [Citation - Section 17. 24. 130 of the SCMCJ (Ping.) __
PC Resolution 17-017, Miramar Event Center & Restaurants Page 25 of 33

67. Prior to issuance of certificates of occupancy, the owner or designee shall demonstrate to the satisfaction of the City Planner or designee that the development has been rehabilitated in conformance with the 2013 Historic Resources Report, 2017 Historic Analysis and Matrix. {Citation - City of San Clemente Design Guidelines, November 1991) ■■ (Ping.) __

68. Prior to the issuance of building permits, the owner or designee shall include within the first four pages of the working drawings a list of all conditions of approval imposed by the final approval for the project. [Citation - City Quality Assurance Program] (Ping.), __ (Bldg.) __

CONDITIONS TO BE SATISFIED PRIOR TO CERTIFICATES OF OCCUPANCY

69. Prior to issuance of certificates of occupancy, the owner shall demonstrate to the satisfaction of the City Engineer and City Maintenance Manager or their designees that all frontage improvements have been completed, and accepted and that any damage to new or existing street right-of-way during construction have been repaired/replaced. [Citation - Title 12 of the SCMC) (Eng.) __ (Maint. ) __ Orange County Fire Authority

70. Plan submittal: the applicant or responsible party shall submit the plan(s) listed below to the orange county fire authority for review. Approval shall be obtained on each plan prior to the event specified. __ (OCFA)
Prior to issuance of a building permit:
• architectural (service codes PR200-PR285)
• underground piping (service code PR470-PR475)
• fire sprinkler system (service codes PR400-PR465)
Prior to concealing interior construction:
• sprinkler monitoring system (service code PR500)
• fire alarm system (service code PR500-PR520)
hood and duct extinguishing system (service code PR335)

71. This approval includes 92 historic parking waivers. At no time shall the development exceed the 92 space parking requirement. Should modifications or additional information regarding the historic structures result a change in the parking requirements, the project shall comply with the 92 space maximum.

72. All windows shall be inset six to eight inches, and all doors shall be inset ten to twelve inches. This shall be reviewed and approved by the City Planner prior to building permit issuance.

All Conditions of Approval are standard, unless indicated as follows:
■ Denotes a modified standard Condition of Approval.
■■ Denotes a project specific Condition of Approval
PC Resolution 17-017, Miramar Event Center & Restaurants Page 26 of 33

MIRAMAR THEATER AND BOWLING ALLEY REHABILITATION

ENVIRONMENTAL REVIEW
The project is found to be categorically exempt from CEQA under two different Classes, Class 31, Historic Renovation and Class 32, Infill Development.

The Miramar Theater and Bowling Alley project is the rehabilitation of a historic landmark and resource in the City of San Clemente that is situated on a single lot. The Theater improvements include: rehabilitating the 7,327 square foot theater into an ·event -center, reconstructing· and repurposing the 464 square foot addition from 1964 for restrooms, and adding a 262 square feet "green room.'' The 5,200 square foot bowling alley improvements include repurposing the space into culinary specialty restaurants. A basement will be constructed under the bowling alley (approximately 5,200 square feet) to help meet modern health code requirements, and a 1,035 addition will be added to the northeast side of the building for an additional restaurant space and to provide restroom facilities. The overaU rehabilitation and the approximate 6,497 square feet of additions to the historic structures will be completed using the Secretary of Interior's Standards.

The following analyzes how the whole of the project meets the criteria for the previously identified Categorical Exemptions. Each of the following exemptions would independently exempt the whole of the action:

Class 31, Historic Resource Restoration or Rehabilitation Consistent with the Secretary of Interior Standards. The Miramar and Bowling Alley are historic resources that have been left vacant for several decades. This vacancy has deteriorated the structures due to neglect and lack of maintenance. In addition a fire in 2005 damaged the interior lobby of the Miramar Theater. The proposed project will restore the original structures and rehabilitate them with compatible uses, while upgrading necessary facilities and mechanical equipment to meet building and safety requirements.

The project is located in an urbanized area and proposes additions of 6,497 square feet which is less than 50% of the total floor area (13,036 square feet existing / 2 = 5,518), and is less than a total of 10,000 square feet (262 square feet for the Miramar and 6,235 square feet for the Bowling Alley).

All rehabilitation and additions will be completed consistent with the Secretary of the Interior's Standards. All character defining features on the resources shall be maintained and restored consistent with the Secretary's Guidelines. In 2012, the City of San Clemente received a grant from the State Office of Historic Preservation for a Historic Structures Report (HSR) for the Miramar Theater and Bowling Alley. The purpose of the architectural and structural study was to create a report that the property owner and the City could utilize for the successful rehabilitation and adaptive reuse of the historic structures. The report includes:

PC Resolution 17-017, Miramar Event Center& Restaurants Page 27 of 33

1. Examination of the 1,istoric significance and construction methods of the structures.

2. The identification of significant character defining features and spaces.

3. Existing condition drawings of the structures.

4. Evaluation of alterations to the original structures.

5. Recommendations for proposed work related to the adaptive reuse of the property.

6. Conceptual drawings for proposed improvements and adaptive reuses.

This project is relying on the 2013 HSR. To ensure the project would have no significant impacts to the historic resources, the applicant has provided a project specific historic analysis. A copy of the applicant's analysis, credentials, and appendix is attached. Unfortunately there has been additional damage to the structures since the time the 2013 report was written due to continued neglect and lack of maintenance.

The applicant has also provided a matrix identifying rtems included in the proposed project that vary from the 2013 report and why the proposal is still consistent with the Secretary's Standards for rehabilitation. This is also attached.

The proposed project is consistent with the 2013 HSR,is an adaptive reuse that is appropriate for the historic structures, and results in minimal visual additions to the site.

Due to the retention of character defining features, minimal altera.tion to the existing structures, and rehabilitation of the historic resources, the conclusion of the historic analysis is that there will be no impact to the historic structures and the rehabilitation, additions, and adaptive reuse will be consistent with the Secretary of Interior's Standards for Historic Structures. Therefore, the City finds that the project is Categorically Exempt from CEQA pursuant to Class 31 , Historic Resource Restoration/Rehabilitation.

Class 32, In-fill Development Project. The proposed project is an infill development in an urbanized area.

A. General Plan and Zoning Consistency. The project is consistent with the General Plan, which has the following goal for North Beach, (the area the project is located in):
11Re-establish and maintain a vibrant community- and visitor-serving, mixed use entertainment center which capitalizes on its proximity to the beach and significant historic resources."
The proposed project includes the last two historic commercial resources to be rehabilitated in the North Beach Area. The Casino was rehabilitated in 2010 and the Ole Hanson Beach Club renovation was completed in 2016. In addition, the proposed adaptive reuse are an event center and specialty restaurants, which will add to the vibrant community, and visitor serving mixed use entertainment center capitalizing on their significant historic resources, consistent with the goal of the North Beach area.

The project also complies with the following policies of the General Plan. The following are applicable policies from the North Beach land use focus area and how the project complies with them:

PC Resolution 17-017, Miramar (=vent Center & Restaurants Page 28 of 33 LU-10.01. Historic Preservation. We preserve North Beach historic resources, through measures such as considering the establishment of a historic district, ensuring new development is consistent with the Historic Preservation and Urban Design Elements, providing historic preservation incentives and enforcing the protective measures of the Zoning Ordinance.

The proposed project preserves the Miramar Theater and Bowling Alley through the rehabilitation of the two structures and adaptive reuse compatible with the buildings' existing configuration thereby resulting in minimal modification to the historic structures and maintenance of the buildings character defining features.

LU-10.02. Miramar Theater Rehabilitation. We encourage the rehabilitation and adaptive reuse of the historic Miramar Theatre.

LU-10.05. Ocean Views. We preserve the General Plan-designated public view corridor from Avenida Pico through North Beach and encourage new development along El Camino Real to take advantage of ocean vistas.

Although not located in a pub/le view corridor, the proposed bowling alley eatery will add windows and an entry area that will provide ocean views. The proposed additions will also be located in areas that Will not impact potenfja/ ocean vistas from surrounding properties.

LU-10.06. Quality Development. We require that site, building and landscape development be of high quality design and materials and that promote pedestrian activity, in accordance with the Urban Design Element, North Beach Specific Plan and Zoning Ordinance.

The proposed project will provide a high quality, pedestrian friendly development with a sophisticated drought-tolerant plant pallet of decorative native plants along with new street trees. The building will be rehabilitated to the original glory of the iconic Miramar Theater and the Bowling Alley will host restaurant eateries with a large outdoor patio for dining that will be covered by a decorative pergola providing shade for patrons. Building materials will include traditional high quality Spanish Colonial Revival architectural details and finishes adding to the ambiance.

LU-10.07. Public Streetscape. We provide a distinctive visual and physical environment for the public streetscape, in accordance with the Urban Design Element, including standards for the consistent use of street trees, landscaping, street furniture (benches, trash receptacles, news racks, etc.), decorative street and crosswalk paving, pedestrian-scaled lighting, public and entry signage and other appropriate streetscape elements.

PC Resolution 17-017, Miramar Event Center & Restaurants Page 29 of 33 The proposed project has pedestrian scaled lighting and decorative elements.

The required Washingtonian street tree shall be planted continuing the rhythmic pattern consistent with the surrounding area.

LU-10.12. Shared Parking. We encourage the development of shared parking facilities and shared parking management techniques.

The proposed project will utilize the parking in the adjacent public parking lot, which it has utilized historically. The mix of uses in the area has varying peak operating times with the event center used less frequently and in the evenings while the restaurants will operate daily.

LU-10.13. Parking Incentives. We use parking incentives ( e.g., subsidies or provision of public parking) to stimulate historic preservation or other public purposes and reserve the right to subsidize parking to provide community-wide economic benefits.

The Miramar Theater and Bowling Alley were originally developed with no on-site parking because their parking was provided in the adjacent public parking /of.

Due to the site configuration the development cannot provide on-site parking and wishes to utilize the pub/le parking area again for its parking requirements by requesting 82 parking· waivers. These waivers will preserve the historic structures and provide for their adaptive reuse, providing community-wide and economic benefits.

LU-10.15. Automobile-Related Land Uses. We support the conversion of automobile-related land uses in the area to conforming uses, such as recreation, entertainment and retail sales. We prohibit new automobile-related uses and proactively work with property owners of existing automobile-related land uses to improve the appearance and compatibility of such properties.

The proposed project is an entertainment and service use, which Is consistent with the desired uses as stated above.

LU-10.16. Residential Buffers. While entertainment and cultural uses are focuses of the Area's revitalization, we require new development to be compatible with nearby residential uses through horizontal distance requirements and building and site design standards established by the Zoning Ordinance and Specific Plan.

The nearest residential neighborhood is located approximately 200 feet south of the project site. The proposed project has no openings along the south wall of the Theater, and very few window openings along the south Bowling Alley wall.

The 2013 Historic Structures Report (HSP) notes that the Miramar Theater walls were constructed out of eight to twelve inch thick reinforced concrete. The project is proposing indoor live entertainment in the Miramar Theater, but due to construction materials of the building, noise is not anticipated to be audible from outside the building. An outdoor patio js proposed on the east side of the Miramar Theater, and although no live entertainment or amplified sound is PC Resolution 17-017, Miramar Event Center & Restaurants Page 30 of 33 proposed on the patio, a six foot tall block wall will be constructed along the south elevation and a majority of the east property line to minimize any potential noise impacts to residents in the neighboring area.

LU-10.19. Property Improvements. We encourage property owners to renovate or upgrade their properties through a combination of incentives, grants and other programs (e.g., fagade improvement programs).

The rehabilitation requires substantial improvements. The applicant is seeking parking waivers and a Historic Property Preservation and Parking Waiver Incentive Agreement to incentivize the parking waivers and ensure the rehabilitation of the historic resources as a benefit to the community for those parking waivers.

The Zoning for the project site is Mixed Use, which permits public assembly and restaurants with alcohol sales with the approval of a conditional use permit. The project complies with the zoning regulations and has applied for the required conditional use permit.

B. The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. The proposed rehabilitation project occurs within the City If mits on a parcel measuring less than one acre in size and surrounded on all sides by urban development. The project is in an entertainment district with an event center to the south, car-dealership and residences to the east, hand car wash service station to the north, and convenience store and parking lot to the west.

C. The project site has no value as habitat for endangered, rare or threatened species.

The project site Is currently developed with a historic theater and bowling alley with very little pervious space. The pervious area existing is covered with mulch and has no value as habitat for endangered, rare, or threatened species.

D. The approval of the project would not result in any significant effects related to traffic, noise, air, or water quality for the following rec1sons:

Traffic. The level of service (LOS) for the combined uses in the North Beach area has recently been studied as a result of the EIR done for the General Plan update and subsequent zoning code updates. Based upon the traffic modelling done by the EIR Consultants, and reviewed by the engineering staff, there are no significant deficiencies noted either for the roadway links or intersections of the North Beach area and they meet the LOS requirements of the General Plan.

Parking. The City completed a parking study in North Beach this past August. The study in its entirety is provided under Attachment 7 of the Staff Report. The study was conducted over two weeks during peak summer hours when occupancy is highest in the area. Although the peak usage was identified as Wednesday evenings at 7 p.m. the next busiest time occurred at 9 a.m. Saturday with approximately 45% occupancy. It is anticipated that the peak usage of the Miramar Event Center will be Friday and Saturday evenings.

PC Resolution 17-017, Miramar Event Center & Restaurants Page 31 of 33 At a peak 49% occupancy for the overall area, that means that of the 384 public parking spaces, approximately 196 are still available. It was not confirmed that events were or were not taking place at the two other event centers (the Casino and the Ole Hanson Beach Club) during any of the surveys, so staff analyzed the numbers assuming events were not occurring to be conservative. Based on parking requirements the Ole Hanson Beach Club requires 35 parking spaces, and the Casino requires 64 spaces for a total of 99 spaces. Subtracting 99 spaces from the available 196 leaves 97 spaces available.

This is sufficient parking for the 92 waivers to be supported. This calculation is a conservative approach to reviewing parking impacts as it does not take into account the mlx of uses in the area that typically result in a reduced overall parking impact, or if events at the existing facilities were occurring at that time of the survey. It also assumes that the project peak operating hours will be Wednesday at 7 p.m., when it is anticipated that the peak operating hours for the Miramar Event Center will be Friday and Saturday evenings when available parking is significantly higher.

Noise. The nearest residential neighborhood is located approximately 200 feet south of the project site. The proposed project has no openings along the south wall of the Theater, and very few window openings along the south Bowling Alley wall. The 2013 Historic Structures Report (HSP) notes that the Miramar Theater walls were constructed out of eight to twelve inch thick reinforced concrete. The project is proposing indoor live entertainment in the Miramar Theater, but due to construction materials and the elimination of openings, it is anticipated that noise levels during events will be below the threshold of significance per the City's Noise Ordinance. An outdoor patio is proposed on the east side of the Miramar Theater. and although no live entertainment or amplified sound is proposed on the patio, a six foot tall block wall will be constructed along the south elevation and a majority of the east property line to minimize any potential noise impacts to residents in the neighboring area; the nearest resident is approximately 100 feet away to the southeast. Additionally all outdoor patio and courtyard areas will be closed at 1 O p.m. to also minimize potential noise impacts.

Construction will be required to comply with the City's standards which limits hours and days of operation to minimize noise impacts.

Air Quality. The proposed project is a Event Center and Restaurant establishment with no anticipated air quality impacts as the proposed uses are consistent with the General Plan and analyzed under the General Plan EIR and Air Quality Management Plan.

Restaurants may generate odors but odors associated with restaurant uses are not deemed significant. Concerning construction impacts, the proposed project is a rehabilitation of the existing buildings. The buildings will not be demolished and will be retained in place. The project does include a 1,303 square foot addition, along with an addition of a 5,200 square foot basement. These additions are minimal and the applicant will utilize best management practices for construction when redevelopment is underway. The project tis also required to comply with the City's Health and Safety Code which includes fugitive dust control requirements as required by AQMD.

Water Quality. The proposed project has a preliminarily approved Water Quality Management Plan that shows how the project shall treat and store water onsite consistent with state permitting requirements and therefore no impact is anticipated.

PC Resolution 17-017, Miramar Event Center & Restaurants Page 32 of 33 E. The site can adequately be served by all required utilities and public services because it is the rehabilitation of existing buildings with adaptive reuses. The City has evaluated the development and the proposed adaptive reuses and has found that the required utilities and public services can be provided.

Exceptions to Exemptions
According to State CEQA Guidelines, section 15300.2, categorical exemptions are qualified by the exceptions listed below. For the reasons outlined in detail below, none of the exceptions to the exemptions would apply.

A. Cumulative Impact. All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant.

Over time the project is not anticipated to have a cumulative impact of successive projects that is significant as the proposed project is a rehabilitation of a historic building that is proposing similar commercial uses to the original historic use. Overtime it is anticipated that the development will continue to operate with similar commercial uses as adaptive reuse of historic buildings are limited due to building configuration, development standard requirements limiting more parking intense uses, and the requirement that all improvements be done consistent with the Secretary of the Interior Standards.

B. Significant Effect. A categorical exemption shall not be used for any activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances.

Based on the above analysis, the proposed project will not have a significant effect on the environment due to unusual circumstances. The project is for the retention and rehabilitation of two historic resources. The historic resources are proposed to be retained in place with small additions for plumbing and health and safety requirements.

Therefore there is no reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances.

C. Scenic Highways. A categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to, trees, historic building, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. This does not apply to improvements that are required as mitigation by an adopted negative declaration or certified EIR.

The project does not have trees, outcroppings or similar resources on site. The project is for the rehabilitation of two historic buildings that will be rehabilitated consistent with the Secretary of the Interior standards and no damage is proposed to the historic buildings.

PC Resolution 17-017, Miramar Event Center & Restaurants Page 33 of 33 D. Hazardous Waste Sites. A categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code.

The site is not listed on the Cortese List.
(http://www.dtsc.ca.gov/sitecleanup/cleanup _ sites _index.cfm#M) E. Historical Resources. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource.

The proposed project is for the rehabilitation of the theater to an event center, and the bowling alley to a culinary eatery. The character defining features of the historic resources shall be retained with minimal changed to the structures as a whole.

Because the character defining features will be retained and all rehabilitation and additions will be completed consistent with the Secretary of the Interior's Standards the project will not have a substantial adverse change in the significance of a historical resource.

Therefore, none of the exceptions to the categorical exemptions applies and the exemptions remain applicable.

San Clemente City CouncilFebruary 3, 2026

San Clemente City Council
February 3, 2026