RESOLUTION NO. 26-68
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, UPHOLDING THE DENIAL OF A SPECIAL EVENT PERMIT FOR THE FESTIVAL OF FREERIDE / JETSKI CONTEST AND SPECIAL EVENT WHEREAS, the City of San Clemente received a Special Event Permit application from Dante Borruso for the Festival of Freeride/Jetski Contest and Special Event proposed for September 4–6, 2026, north of the San Clemente Municipal Pier; and WHEREAS, on March 26, 2026, the Beaches, Parks & Recreation Director denied the application based on findings related to public safety, site suitability, and resource constraints pursuant to the San Clemente Municipal Code; and WHEREAS, on March 30, 2026, the applicant timely filed an appeal pursuant to San Clemente Municipal Code Section 12.34.100 and paid the required application fee; and WHEREAS, the City Council has considered the appeal, staff report, supporting materials, and public testimony; and WHEREAS, the City Council finds that the denial is supported by substantial evidence and consistent with the Municipal Code.
NOW, THEREFORE, the City Council of the City of San Clemente does hereby find, determine, and resolve as follows:
SECTION 1. The City Council hereby adopts the following findings:
Motorized Watercraft Restrictions (S.C.M.C. §12.32.040). The proposed event requires the launching and operation of motorized watercraft in areas where such activity is prohibited, absent written Marine Safety approval. Based on professional evaluation, Marine Safety determined that approval cannot be granted due to safety risks that cannot be adequately mitigated.
Site Suitability (S.C.M.C. §12.34.020). The proposed location is not suitable for the scale and nature of the event due to physical constraints, proximity to the Municipal Pier, and high levels of public use. The event cannot be accommodated without significant disruption to general public access and use.
Public Health and Safety. The operation of high-performance motorized watercraft in close proximity to the shoreline and public users presents substantial safety risks that cannot be sufficiently mitigated through conditions of approval.
Diversion of City Resources (S.C.M.C. §12.34.090). The event would require a level of public safety staffing and City resources that would unreasonably reduce service levels elsewhere in the City and cannot be fully mitigated.
Incomplete Operational Information. While the applicant engaged in ongoing communication with staff, the absence of finalized operational plans does not overcome the fundamental safety and site constraints identified.
Protection of Public Access. Approval of the event would interfere with the public’s use and enjoyment of the beach and coastal resources, which the City is obligated to protect.
No Error in Original Determination. The appeal does not demonstrate that the original denial was in error or that the identified concerns can be resolved through reasonable conditions.
SECTION 2. The City Council hereby upholds the denial of the Special Event Permit application for the Festival of Freeride/Jetski Contest and Special Event.
SECTION 3. The City Council finds that this action is not a project pursuant to CEQA Guidelines Section 15378.
SECTION 4. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED AND ADOPTED this _____ day of ____________________, _______.
ATTEST:
___________________________ __________________________
City Clerk of the City of Rick Loeffler, Mayor of the City San Clemente, California of San Clemente, California
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §
CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 26-68 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, _________, by the following vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
Resolution No. 26-68 Page 2
Attachment 1