Attachment 2
RESOLUTION NO. ZA 25-028
A RESOLUTION OF THE ZONING ADMINISTRATOR OF
THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING
PUBLIC HEARING PROJECT (PHP)24-426 AND TENTATIVE
PARCEL MAP (TPM)25-332, CONDOMINIUM SUBDIVISION,
A REQUEST TO ALLOW A DUPLEX CONDOMINIUM
SUBDIVISION FOR THE INDIVIDUAL OWNERSHIP OF TWO
DWELLING UNITS, LOCATED AT 245 WEST EL PORTAL,
AND FINDING THE PROJECT IS CATEGORICALLY
EXEMPT FORM THE CALIFONIA ENVIRONMENTAL
QUALITY ACT
WHEREAS, On May 1, 2025 a building permit B24-0857was issued for construction of duplex in the Residential Medium Density Zone (RM), the Coastal Overlay (CZ), and the Categorical Exclusion Order Area for the construction of a duplex on a 4,000 square foot lot.
The duplex is a Contemporary style with three stories of living space and decks above a four-car garage. The duplex is a total of 5,113 square feet living space with four bedrooms in Unit A and three bedrooms in Unit B. The front dwelling unit (Unit A) is 2,572 square-feet and the rear unit (Unit B) is 2,541 square feet. The proposal would allow for separate ownership of each condominium unit and a portion of the common areas which comprise the garage, vestibule, stairs and landings for a total of 1,808 square feet.
WHEREAS, on September 6, 2024 an application was submitted by Zane Alzate of Andaz Building Group, Inc. on behalf of 245 West El Portal LLC, for Public Hearing Project (PHP)24-426 and Tentative Parcel Map (TPM)25-332, and deemed complete on September 9, 2025; a request to allow a duplex condominium subdivision for the individual ownership of two dwelling units, as identified within County of Orange as Parcel Map 2024-163, in the Residential Medium Zone District (RM) and the Coastal Zone (CZ).
The site's legal description is N TR 794 BLK 4 LOT 29, and Assessor Parcel Number 692-063-09; 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 the Zoning Administrator determine the project is Categorically Exempt from CEQA pursuant to State CEQA Guidelines Section § 15301 (Class 1: Existing Facilities) and §15315 (Class 15: Minor Land Divisions). This is recommended because the project involves a two-unit condominium subdivision in an urbanized area and no exceptions identified in CEQA Guidelines Section 150300.2 area applicable; and
WHEREAS, on April 17, 2025 the City's Development Management Team (DMT) reviewed the proposed project and staff issued comments on May 29, 2025 to ensure compliance with the General Plan, Zoning Ordinance, and other applicable City ordinances and codes; and deemed the project complete on September 25, 2025, and Resolution No. ZA 25-028 Page 2
WHEREAS, in accordance with City and State requirements, notice of the public hearing was published in the San Clemente Times newspaper on November 20, 2025, posted at the project site, and mailed to all property owners within 300 feet of the subject parcel; and
WHEREAS, on December 4, 2025, the Zoning Administrator 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 applicant, City staff, and other interested parties.
NOW, THEREFORE, The Zoning Administrator of the City of San Clemente does hereby resolve as follows:
Section 1. Incorporation of Recitals.
The Zoning Administrator hereby finds that all of the facts in the Recitals are true and correct and are incorporated and adopted as findings of the Zoning Administrator 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 Zoning Administrator, and the facts outlined below, the Zoning Administrator hereby finds and determines that the proposed project is Categorically Exempt from CEQA pursuant to State CEQA Guidelines Section 15315 (Class 15: Minor Land Divisions) and Guidelines Section 15301 (Class 1: Existing Facilities).
The project is Categorically Exempt from California Environmental Quality Act (CEQA) pursuant to CEQA Guideline Section 15315 (Class 15, Minor Land Divisions) because the project involves the subdivision of two dwelling units for individual ownership, in an urbanized area zoned for residential use. The airspace subdivision is in conformance with the General Plan, Subdivision Map Act, and the zoning, no variances or exceptions are required, all public services and access to the proposed condominium units to local standards are available, the parcel was not involved in a division of a larger parcel within the previous two years, and the parcel does not have an average slope greater the 20 percent.
Section 3. Tentative Parcel Map Findings
With respect to Tentative Parcel Map (TPM) 25-332, the Zoning Administrator finds as follows:
A. The site is physically suitable for the type of development, in that:
1. The project is limited to subdividing the airspace of a duplex into two condominium units for individual ownership purposed; and Resolution No. ZA 25-028 Page 3
2. There is an active building permit at the site to construct a new duplex. The building permit has been reviewed to ensure that the development complies with the Zoning Ordinance, building health, and safety codes, and other applicable regulations and policies. This includes but is not limited to policies and regulations on land use, setbacks, utility connections, easement access, traffic design standards, et al.
B. The site is physically suitable for the proposed density of the development, in that:
1. The proposed density on the site complies with the maximum allowed for properties in the RM zoning district. The zoning district allows a maximum residential density of one unit per 1,800 square feet of lot area. The subject site is 4,000 square feet, with allowed density of two units.
C. The design of the condominium conversion or the proposed improvements is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, in that:
1. The project is limited to subdividing airspace into two condominiums to allow for separate ownership of each dwelling unit;
2. No physical modifications to the site will result from the proposed subdivision except for construction of a sidewalk along West El Portal, which is already developed with a street; and
3. The site is in a developed residential area served by existing utilities and public services.
D. The design of the condominium subdivision or the type of improvements is not likely to cause serious public health problems, in that:
1. The project is limited to subdividing the airspace of a duplex into two condominiums to allow for separate ownership of each dwelling unit;
2. No physical modifications to the site will result for the proposed subdivision except for construction of a sidewalk along West El Portal, which is already a
3. The site is in a developed residential area served by existing utilities and public services.
E. The condominium subdivision, with its provisions for any design and improvements, is consistent with the General Plan, in that:
1. The project is limited to subdividing the airspace of a duplex into two condominium units for the individual ownership purposes. The project is consistent with the Residential Medium General Plan Land Use Classification of the site; and
2. There is an active building permit at the site to construct a new duplex. The building permit has been reviewed to ensure that the development complies with the Zoning Ordinance, building, health, and safety codes, and other applicable regulations and policies. This includes but is not limited to policies Resolution No. ZA 25-028 Page 4
and regulations on land use, setbacks, utility connections, easement access, traffic design standards, et al; and
3. The City limits the number of annual condominium conversions that can occur; however, per SCMC 16.14.010, that restriction "shall not apply to condominium projects involving buildings which have not been previously occupied or buildings for which the City has not issued a final inspection or certificate of occupancy for a use other than condominiums" ". As the duplex at this property is still under construction, these units are not subject to (and do not count towards) the annual limit on conversions.
F. The design of the condominium subdivisions or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision in that:
1. The proposed project is limited to subdividing a duplex into two condominium units for individual ownership purposes;
2. Easement for sidewalks along West El Portal have been identified on the tentative map; and
3. There is an active building permit at the site to construct a new duplex. The building permit has been reviewed to ensure that the development complies with the Zoning Ordinance, building, health, and safety codes, and other applicable regulations and policies. This includes but is not limited to policies and regulations on land use, setbacks, utility connections, easement access, and traffic design standards, et al.
Section 4. Zoning Administrator Approval.
Based on the foregoing recitals and findings, and the written and oral comments, facts, and evidence presented, the City of San Clemente Zoning Administrator approves Public Hearing Project (PHP) 24-426 and Tentative Parcel Map (TPM)25-332, 245 West El Portal Condominium Subdivision., subject to the Conditions of Approval set forth in Exhibit A.
PASSED AND ADOPTED at a regular meeting of the City of San Clemente Zoning Administrator on December 4, 2025.
Adam Atamian, Zoning Administrator
Resolution No. ZA 25-028 EXHIBIT A
CONDITIONS OF APPROVAL
TENTATIVE PARCEL MAP (TPM) 25-332
245 WEST EL PORTAL CONDOMINIUM SUBDIVISION
1.0 GENERAL CONDITIONS OF APPROVAL
1.1 Within 30 days of receipt of the signed conditions of approval, the Planning applicant shall submit to the City Planner a signed
acknowledgement concurring with all conditions of approval on a form to be provided by the City. Failure to submit this acknowledgement may be grounds to revoke this approval.
1.2 The applicant shall defend (with council acceptable to the City), Planning indemnify, and hold harmless the City of San Clemente and its officers, employees, and agents from and against any claim, action, proceeding, fines, damages, expenses, and attorneys' fees, against the City, its officers, employees, or agents to attack, set aside, void, or annul any approval or condition of approval of the City concerning this project, including but not limited to any approval or condition of approval of the City Council, Planning Commission, Zoning Administrator, or City employees or
environmental finding. Applicant shall pay all costs, The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter at the applicant's cost. if the applicant fails to so defend the matter, the City shall have the right, at its own option, to do so and, if it does, the applicant shall promptly pay the City's full cost of the defense.
1.3 Use and development of this property shall be in substantial Planning conformance with the approved plans, material boards and other applicable information submitted with this application, and with these conditions of approval. Any modifications to the project shall be reviewed by the City Planner in accordance with Zoning Ordinance Section 17.12.180.
1.4 The applicant shall comply with all applicable current and future All provisions of the San Clemente Municipal Code, adopted
ordinances, and state laws.
1.5 Use of the subject property shall conform to all occupancy Code requirements, including posting of signs related to the maximum Comp occupancy limitations.
1.6 TPM 25-332 shall be deemed to have expired if within three years Planning* of approval the project is not commenced, or the project permitted Resolution No. ZA 25-028, Exhibit A Page 2
by the approved application has lapsed, as defined by Zoning Ordinance Section 17.12.150.
1.8 The Applicant (including any property owners and managers, and Code their designees) shall use her/his best judgment and best Comp** management practices to ensure residential activities on the premises will be conducted in a manner that will not be disruptive to neighbors. The property owners) shall be responsible for ensuring compliance with the San Clemente Municipal Code (SCMC), and all conditions of approval contained herein. The Applicant (including any property owners and managers, and their designees) hereby understands that noncompliance with
regulations and conditions of approval, shall be immediate grounds for citation pursuant to SCMC Section 8.52.030(Y), which states, "It is declared a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises in this City to maintain such premises in such manner that ... A structure, improvement, property, and/or land use is not in compliance with terms and/or conditions of any City of San Clemente issued permit or approval," and any subsequent revision of this section of the code. [Citation - Section 8.52.030(Y) of the SCMC]
2.0 PRIOR TO APPROVAL OF A FINAL MAP
2.2 Prior to recordation of the final map, the applicant shall submit to Public the City Engineer evidence that the County Surveyor has approved Works a digitized tract/parcel map pursuant to Orange County Ordinance No. 3809 dated January 28, 1991. The owner or designee shall pay for all costs of said digital submittals, including supplying digital copies to the City of the final, County Surveyor-approved digital map in DXF format.
2.24 Unless otherwise approved by the City Engineer, the owner shall Public provide independent water meters and separate services for each Works unit in common area. All water meters shall be located in the public right of way or otherwise approved by the City Engineer (SCMC Section 16.32.010)
Buyer Notification
2.3 A buyer's notification disclosure form shall be given to all potential Planning buyers of the lots/units, which indicates the existence, operations, characteristics, and potential exposure to nuisance/objectionable odors/risk of upset/hazards of the following:
United States Marine Corps, Camp Pendleton
San Onofre Nuclear Generating Station
Resolution No. ZA 25-028, Exhibit A Page 3
City of San Clemente Wastewater Treatment Plant
Orange County Flood Control Channel
2.36 Prior to final parcel map approval, the owners shall pay or Public reimburse the City all costs associated with City Attorney review of Works the project CC&Rs, Disclosure Statements, and any other applicable documents. Ina addition, the owner shall pay all applicable development and final map fees for each unit, which may include but are not limited to, park acquisition and development impact fees. [Citation - S.C.M.C. Title, Building and Construction, Sections 15.52, 15.56, 15.60, 15.64, 15.68, 15.72].
Coastal Commission Approval
2.4 The Tentative Parcel Map shall be subject to review and approval Planning by the California Coastal Commission
Covenants, Conditions & Restrictions (CC&Rs)
2.6 The applicant shall submit to the City Planner, and must obtain Planning approval from the City Attorney's Office, Covenants, Conditions and Restrictions (CC&R's) which shall include the following provisions:
A. Creation of a Master Association and/or a Sub-association for the purpose of providing for control over the uniformity of boundary fencing, and the perpetual maintenance
responsibility of areas including, but not limited to, (delete or add as appropriate) all common areas, open space,
slopes, irrigation systems, landscaped areas, walls,
driveways, parking areas, trash areas, structures, street lights, and drainage. In addition, the CC&R's shall indicate all other areas to be owned and maintained by the Master Association and/or Sub-association and that maintenance of all private drainage facilities shall be in conformance with NDES requirements.
B. Within 15 days of the establishment of the homeowners association and/or the commercial property owners
association, the owner or designee is required to furnish the Board or Officers of each association a copy of each
approved tract map, a copy of the approved site and fencing plan, copies of all approved landscaping plans, a complete set of construction plans for the various residential model types, and approved plans indicating the locations and
characteristics of all major project components, utilities, and related data.
C. Following recordation of each final tract map, each Master Association of this tract shall submit to the City Planner, for distribution to the Fire and Beaches, Parks and Recreation Resolution No. ZA 25-028, Exhibit A Page 4
Departments, and shall re-submit annually, a list of all current Property Owner Association officers of the
Association.
D. A statement indicating that proposed amendments to any of the CC&R's shall be submitted for review to the City
Planner, and shall be approved by the City Attorney's Office, prior to the amendments being valid.
A statement indicating that the City has the right, but not the obligation, to enforce any of the provisions of the CC&R's.
A statement indicating that storm drain facilities shall be inspected regularly as follows:
1) Open channels, catch basins and pipelines inspected
annually before storm season and removal of debris as
necessary.
2) All facilities shall have debris and sediment removed either manually or by mechanical methods. Flushing
shall be used in emergency situations only.
G. A statement obligating the Association(s) to provide to the Utilities Director annual report in the month of June in compliance with the reporting requirements of codes and ordinances adopted by the City with respect to the NPDES program.
2.7 The applicant shall reimburse the City all costs associated with Planning review of the project CC&Rs, Disclosure Statements, and any other applicable documents by the City Attorney's Office.
Easements
2.8 The final map shall depict the location of all easements for open Public space, trails, water and sewer easements, storm drains and storm Works drain maintenance access, public street lights, utilities, reciprocal access, emergency access, slopes and slope maintenance, and andscaping. All drainage easements shall be a minimum of 15 eet. No drainage facilities accepted for dedication or maintenance by the City shall be located within slopes. (SCMC Section
16.28.030)
2.9 The applicant shall demonstrate to the satisfaction of the City Public Engineer that quitclaim in favor of the City have been obtained from Works all persons having any interest in existing rights of way for pipelines for the conveyance of water, and for all rights to all underground water. The right to all underground water, but without right of entry to the surface thereof, shall be conveyed to the City. No easements shall be granted nor recorded over any portion of the Resolution No. ZA 25-028, Exhibit A Page 5
property shown on the submitted record map between the date the tentative map is approved by the Planning Commission and the date the final or record map is recorded by the County Recorder. (SCMC Section 13.04.500)
Improvements
3.10 The applicant shall submit, and must obtain approval from the City Public Engineer, frontage improvement plans. The applicant shall be Works responsible for the construction of all required frontage improvements as approved by the City Engineer including but not limited to the following:
A. Sidewalk, including 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 is approximately 10 ft behind the curb face, a sidewalk easement is not anticipated to be required to be granted to the City.
7.0 OPERATIONAL CONDITIONS OF APPROVAL
7.17 The Applicant (including any property owners and managers, and Code their designees) shall ensure that discharge of wash water and Comp other pollutants is prohibited from entering the storm drain system. WQ Applicant must prevent pollutants (e.g., sediment, trash, food ** waste etc.) and any wash water used during cleanup from entering the storm drain system.
* Denotes a modified Standard Condition of Approval
** Denotes a project-specific Condition of Approval
Please complete this form and return it to:
City of San Clemente
Planning Division
910 Calle Negocio, Suite 100
San Clemente, CA 92673
APPLICANT CONSENT TO CONDITIONS OF APPROVAL
RE: Project Number PHP24-426 / TPM25-332
Project Name ALZATE TPM
Project Address 245 W. EL PORTAL
Resolution No. ZA25-02
To the City of San Clemente Planning Division:
In reference to the following standard Condition of Approval (Section 1.1):
Within 30 days of receipt of the signed conditions of approval, the applicant shall submit to the City Planner a signed acknowledgement concurring with all conditions of approval on a form to be provided by the City, unless an extension is granted by the City Planner. 1, Harold Alzate (owner/designee)
of 245 W. E1 Portal, San Clemente, California 92672 (address) hereby agree to the imposed conditions set forth by the above referenced Resolution. 112-4/2025
Date