NOTICE OF APPEAL
Appeal of Denial of Special Event Permit for Festival of Freeride - Jetski Contest and Special Event 3/30/2026
Via Hand Delivery and Application Portal
City Council
c/o City Clerk and City Manager
Ale Gallardo
City of San Clemente
100 Avenida Presidio
San Clemente, California 92672
Re: Appeal of Denial of Special Event Permit Application for Festival of Freeride / Jetski Contest and Special Event, proposed for September 4-6, 2026 To the Honorable City Council:
Please accept this Notice of Appeal on behalf of the applicant, Dante Borruso, appealing the denial of the Special Event Permit application for the Festival of Freeride / Jetski Contest and Special Event proposed to occur north of the San Clemente Municipal Pier on September 4-6, 2026. This appeal is submitted pursuant to San Clemente Municipal Code section 12.24.100, which provides that an applicant whose special event permit has been denied may appeal that decision to the City Council within the prescribed appeal period.
Background
• The applicant submitted materials and engaged in ongoing correspondence with City staff over an extended period regarding the proposed event, including revised dates, insurance requirements, vendor information, emergency planning, security, beach access logistics, fuel management, and related permit items. • City staff provided follow-up requests and documentation for additional materials, including building permit information for scaffolding, first aid and emergency planning, participant accountability procedures, security plans, signage, vendor details, waste management, and other operational matters. • After those ongoing communications and efforts to address the City’s requests, the applicant received written notice that the Special Event Permit was denied based on the reasons stated in the denial letter.
Grounds for Appeal
1. S.C.M.C. 12.32.040 does not require denial where written approval may be granted as part of a City-sanctioned event.
The denial letter cites section 12.32.040, which states that no person may launch a motorized watercraft from a beach in the City, and no person may operate such watercraft within two hundred feet of the Municipal Pier, unless approved in writing by the Marine Safety Division as part of a City-sanctioned event or unless the craft is an official public safety rescue vessel. By its own terms, section 12.32.040 contemplates that written approval may be granted in connection with a City-sanctioned event. The proposed special event application sought precisely that City approval. Accordingly, section 12.32.040 should not be treated as an automatic bar to the event, but instead as a provision requiring review, conditions, coordination, and written approval where appropriate.
2. The record indicates the applicant was actively working to satisfy City requirements bearing on site suitability under S.C.M.C. 12.34.020.
The denial letter cites section 12.34.020, stating that the requested site is not suitable for the intended organized activity and that sites must be able to accommodate the activity without impacting general public use. However, the applicant was asked to provide and was in the process of developing detailed operational materials directly relevant to site suitability, including beach access controls, emergency planning, security, vendor logistics, staging details, escort timing, waste management, fuel containment procedures, and participant accountability. The appeal requests that the City Council review whether site suitability was determined before the applicant had a fair opportunity to complete and present the requested mitigation and operational plan materials.
3. The conclusion under S.C.M.C. 12.34.090 regarding diversion of City personnel should be reconsidered in light of available conditions, cost recovery, and event-specific operational planning.
The denial letter cites section 12.34.090, asserting that the event would require diversion of public safety or other City employees from their normal duties so as to unreasonably reduce adequate levels of service or municipal functions elsewhere in the City. Yet the communications reflected that the applicant was attempting to understand the scope, feasibility, staffing needs, and cost implications of marine safety and related support so the event could be structured accordingly. The appeal requests that the City Council reconsider whether that concern can be addressed through conditions of approval, staffing plans, scheduling, reimbursement, private support measures, or revised operational limitations rather than outright denial.
4. The procedural history supports a request for appellate review and reconsideration under S.C.M.C. 12.24.100.
Section 12.24.100 expressly provides for an appeal from a denied special event permit. Here, the communications preceding the denial reasonably suggested that the applicant was being guided through a continuing review process and was expending time and effort to meet the City’s requests. The applicant therefore respectfully requests appellate review of whether the denial was premature, whether the applicant had a full and fair opportunity to respond to operational concerns, and whether approval with reasonable conditions, modifications, or an alternate configuration is feasible.
Relief Requested
For the foregoing reasons, the applicant respectfully requests that the City Council accept this appeal, set the matter for hearing pursuant to S.C.M.C. 12.24.100, reverse the denial of the Special Event Permit, and either: (i) approve the permit subject to reasonable conditions; (ii) remand the application for further administrative review with direction to consider operational mitigations and safety conditions; or (iii) allow the applicant to supplement the application with additional event management, marine safety, staffing, and site-use materials before any final determination is made.
Reservation of Rights
The applicant reserves all rights, remedies, and arguments available under applicable law, including those referenced in the City’s notice concerning California Code of Civil Procedure sections 1094.6 and 1094.8.
Respectfully submitted,
Dante Borruso
332 Avenida Cabrillo, Apt C,
San Clemente CA 92672
[email protected]
949-374-7116
Code Sections Referenced in Denial
Municipal Code
Referenced Basis in Denial Letter
S.C.M.C. 12.32.040
Launch/operation restrictions for motorized watercraft near the beach and pier absent written Marine Safety approval as part of a City-sanctioned event.
S.C.M.C. 12.34.020
Requested site allegedly not suitable for the organized activity and required to accommodate the event without impacting general public use.
S.C.M.C. 12.34.090
Event allegedly would divert public safety or other City employees from normal duties so as to unreasonably reduce adequate municipal services elsewhere.
S.C.M.C. 12.24.100
Appeal provision cited in the denial notice, including deadline and hearing procedures for an appeal from denial of a special event permit. 1 Attachment 3