Att. 1 - Resolution No. 26-56.docx — San Clemente City Council, May 19, 2026

RESOLUTION NO. 26-56
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING PUBLIC HEARING PROJECT 25-323 DEVELOPMENT PERMIT 25-324 AND CONDITIONAL USE PERMIT 25-329, HANSON HOTEL, TO CONSTRUCT A THREE STORY, 61-ROOM BOUTIQUE HOTEL WITH SPANISH COLONIAL REVIVAL ARCHITECTURE, A ROOFTOP RESTAURANT AND BAR, TWO CAFÉS, A GUEST POOL WITH FOOD AND BEVERAGE SERVICE, PUBLICLY ACCESSIBLE LANDSCAPED TERRACES, A TWO LEVEL SUBTERRANEAN PARKING GARAGE WITH 104 SPACES, OUTDOOR DINING AREAS, LANDSCAPE AND HARDSCAPE IMPROVEMENTS IN THE CITY RIGHT OF WAY, FULL SERVICE ALCOHOL SALES, AND AMPLIFIED MUSIC AT 1801 NORTH EL CAMINO REAL, SUBJECT TO CONDITIONS OF APPROVAL; AND FINDING THE PROJECT REQUIRES NO ADDITIONAL ENVIRONMENTAL REVIEW PURSUANT TO CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES SECTION 15183 (PROJECTS CONSISTENT WITH A GENERAL PLAN, COMMUNITY PLAN, OR ZONING) WHEREAS, on September 14, 2022, an application was submitted by Jorden Segraves on behalf of Rachel Nasre, 32101 Peppertree Bend, San Juan Capistrano, CA 92675, for Public Hearing Project (PHP) 25-323, and deemed complete on March 26, 2025, which is a request for the City to consider a Development Permit (DP) 25-324 for the development of a three-story, 61 room boutique hotel, with Spanish Colonial Revival architecture, a rooftop restaurant and bar, two cafes, a guest pool with food and beverage service, publicly accessible landscaped terraces, a two-level subterranean parking structure with 104 parking spaces, outdoor dining areas, and landscape and hardscape improvements in the City right-of-way. A Conditional Use Permit (CUP) 25-329 is requested for the hotel use, outdoor seating for the restaurants and cafes, amplified music, and full-service alcohol sales (Type 47 License). The project includes a commitment to provide 25% of rooms on-site as lower cost overnight accommodations or pay an in-lieu fee to provide lower cost overnight accommodations off-site. The property is a vacant lot at 1801 North El Camino Real within the North Beach Mixed-Use 1.0 (MU 1) zoning district within the Central Business (CB), Architectural (A) Overlay, and Coastal Zone (MU1-CB-A-CZ). The site’s legal description is Tract 14486, lot 1, Assessor’s Parcel Number 057-191-60; and WHEREAS, the applicant requested a Development Permit to review the project’s architecture, site planning, and design for consistency with the City’s Spanish Colonial Revival heritage and community character; and WHEREAS, the applicant requested a Conditional Use Permit to allow the hotel use, outdoor seating, amplified music, full alcohol service and to ensure the Project will avoid negative impacts on the surrounding environment; and WHEREAS, on July 24, 2025, the City's Development Management Team (DMT) reviewed the proposed project and determined it complies with the General Plan, Zoning Ordinance, and other applicable City ordinances and codes; and WHEREAS, on December 14, 2022, and April 9, 2025, the Design Review Subcommittee (DRSC) considered the project and supports it as currently proposed; and WHEREAS, on August 20, 2025, 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 applicant, City staff, and other interested parties, determined that the project is exempt from the California Environmental Quality Act (CEQA) and conditionally approved the project; and WHEREAS, on September 2, 2025, UNITE HERE Local 11, represented by the Law Office of Jordan R. Sisson, filed an appeal pursuant to Zoning Ordinance Section 17.12.140, appealing the Planning Commission’s decision to the City Council; and WHEREAS, on October 21, 2025, the City Council of the City of San Clemente held a duly noticed de novo public hearing on the subject appeal and application, considered written and oral comments, and facts and evidence presented by the applicant, City staff, and other interested parties, and moved to continue the public hearing to allow staff the time to complete the environmental analysis necessary to fully respond to the issues raised in the appeal; and WHEREAS, on April 21, 2026, the City Council reconvened the de novo public hearing on the subject appeal and application and continued the hearing to May 19, 2026, to provide staff an opportunity to cure a deficiency in the hearing noticing materials by re-noticing the de novo public hearing; and WHEREAS, on May 19, 2026, the City Council of the City of San Clemente reconvened the duly noticed de novo public hearing on the subject appeal and application, considered written and oral comments, and facts and evidence presented by the applicant, City staff, and other interested parties.

NOW, THEREFORE, the City Council of the City of San Clemente does hereby find, determine, and resolve as follows:

SECTION 1. Incorporation of Recitals.

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

SECTION 2. CEQA Findings.

Based upon its review of the entire record, including the Staff Report, public comments or testimony presented to the City Council, and the facts outlined below, the City Council hereby finds and determines that the proposed project qualifies for streamlined environmental review per California Public Resources Code Section 21083.3 and CEQA Guidelines Section 15183 because it is consistent with the development density and use characteristics established by the General Plan for which the City certified an EIR in 2014, and the certified Coastal Land Use Plan (LUP), adopted in 2018. Pursuant to State CEQA Guidelines Section 15183 (Projects Consistent with a Community Plan or Zoning), this streamlined review applies when a proposed project’s parcel is zoned to accommodate a particular density of development, the proposed project is consistent with that density, an EIR was certified for that prior zoning action or for a General Plan, and the project is consistent with the development density established by the General Plan, the accompanying EIR, and the Coastal LUP. Under this streamlined review, CEQA review of a later project is not required except as necessary to evaluate potential new or more severe significant environmental effects that are “peculiar to” the project or its site, or that were not analyzed or discussed in the previous EIR. Further, potentially significant impacts are not “peculiar to” a project if standards conditions applicable to the project will mitigate the impacts. Here, the proposed project is consistent with the development density established by the General Plan EIR (SCH No. 2013041021). The EIR envisioned a development density of a floor area ratio (FAR) of 1.0, which is what the project proposes.

The City retained environmental consultant Michael Baker International (MBI) to evaluate the issues raised in the appeal and update the Project CEQA findings. MBI conducted an Initial Study, which included new technical analyses as well as peer review of previously developed project studies evaluating air quality and greenhouse gases, biological resources, cultural and paleontological resources, geotechnical investigation, water quality management plan, noise, focused transportation study, and VMT. MBI also performed field studies and site visits on April 2, 2025, September 25, 2025, and December 8, 2025. The Initial Study found that the project is consistent with the background assumptions of the Centennial General Plan (General Plan), for which the City certified a Program Environmental Impact Report (Final Environmental Impact Report for Centennial General Plan; State Clearinghouse [SCH] No. 2013041021) (General Plan EIR) on February 4, 2014 and the Coastal LUP adopted in 2018, which relied on the General Plan EIR for CEQA consistency. The General Plan EIR and Coastal LUP considered the potential environmental impacts that would result from the buildout of the General Plan, which included the project site.

Based on the Initial Study, the proposed project would not result in any new potentially significant effects that were not considered in the General Plan EIR with incorporation of applicable General Plan EIR mitigation and/or uniform policies and standards and policies from the Coastal LUP.

Based on the Initial Study, the proposed project would not result in any increased significant effects that were not considered in the General Plan EIR upon incorporation of applicable General Plan EIR mitigation and/or uniform policies and standards and Coastal LUP policies.

Based on the Initial Study, there are no impacts peculiar to the project or project site, as the environmental effects are addressed in the General Plan EIR with application of applicable General Plan EIR mitigation and/or uniform policies and standards and, therefore, are eligible for the streamlined review authorized by California Public Resources Code Section 21083.3 and CEQA Guidelines Section 15183.

The General Plan EIR found that buildout of the General Plan would result in significant and unavoidable impacts pertaining to air quality, greenhouse gas emissions, noise, and transportation/traffic. Based on the analysis included in the Initial Study, the project would not result in any increased significant environmental impacts, compared to those disclosed in the General Plan EIR. As such, the proposed project would not result in a cumulatively considerable significant impact and the project’s cumulative considerations were already evaluated by the General Plan EIR.

All of the applicable Coastal LUP policies, General Plan EIR Mitigation Measures, and/ regulatory requirements relied upon to reduce the environmental effects identified in the General Plan EIR, and that are applicable to the proposed project and are feasible, will be incorporated into and implemented as part of the project (included as Conditionals of Approval enforcing such measures and regulations).

SECTION 3. Development Permit Findings (SCMC §17.16.100) to allow new non-residential buildings in the Architectural Overlay District.

With respect to Development Permit (DP) 25-324, the City Council finds as follows:

The proposed project is consistent with the General Plan, in that:

The Hanson Hotel project aligns with the City's objective to promote coastal tourism and visitor-serving development. Coastal LUP Policy LU-1.02 (Visitor-Serving Development) states: “Encourage and prioritize visitor-serving commercial and/or recreation uses over private residential or general commercial development in the Visitor Serving Commercial District (VSCD) Overlay.” The project proposes 61 hotel rooms, two cafés, and a rooftop restaurant, all visitor-serving uses, making productive use of a vacant coastal parcel and enhancing the vitality of the North Beach entertainment and recreation District; and The project’s architectural design reflects San Clemente’s historic character. General Plan Policy UD-3.01 (Spanish Colonial Revival Architecture) states: “Require all new development in the Architectural Overlay District to reflect the City’s Spanish Colonial Revival design standards and guidelines.” The project meets this directive through traditional design features, including red tile roofs, arched windows, smooth white stucco walls, decorative ironwork, and tiered massing. These elements ensure the building respects and reinforces the City’s architectural identity and visual heritage; and The project supports San Clemente’s coastal economy through quality hospitality and dining services. General Plan Policy ED-4.01 (Visitor-Serving Commercial Uses) states: “Promote development of visitor-serving commercial uses such as hotels, restaurants, and retail, particularly in coastal and gateway areas, to enhance the City's tourism economy.” By introducing a boutique hotel and multiple dining venues, the project provides significant economic benefits while improving the visitor experience and public realm at a City gateway; and The project demonstrates integration with adjacent uses. Coastal LUP Policy LU-2.01 (Land Use Compatibility) states: “Ensure new development is compatible with adjacent development in use, scale, and design, especially in the Coastal Zone.” The Hanson Hotel incorporates four-sided architecture and stepped massing to transition appropriately toward surrounding structures, respecting the North Beach Historic District context and adjacent view corridors while enhancing the pedestrian environment; and Preservation of scenic ocean views is a defining element of the project’s design. Coastal LUP Policy VIS-1 (Visual Character and Aesthetic Resources Preservation) provides: “New development shall be designed to preserve the visual character and aesthetic resources of the City’s coastal zone including preservation of the physical features of coastal bluffs and canyons, and where feasible, enhance and restore scenic and visual qualities of the coastal zone, including to and along the ocean and coastal bluffs, visually significant ridgelines, and coastal canyons, open spaces, prominent, mature trees on public lands, and designated significant public views (as identified on Figure 6-1 Scenic Gateways and Corridors, Figure 6-2-A Public View Corridors and Figure 6-2-B Public View Corridors). Where protection of visual character and aesthetic resources is not feasible, impacts should be mitigated.” The project reduces building height to one story along Avenida Pico and includes landscaped terraces and open garden spaces that maintain and frame ocean views from public vantage points, consistent with mapped scenic resource protections; and The project ensures compatibility with nearby historic resources. General Plan Policy HP-2.02 (Contextual Compatibility) states: “Ensure that development adjacent to or visible from designated historic structures or districts is compatible in scale, materials, and design.” The project’s architectural elements, including turret features and articulated facades, compliments the North Beach Historic District’s form and detailing. It maintains scenic view corridors and massing transitions that respect the integrity of surrounding historic resources including the Casino and Miramar Theater; and Public access is enhanced through the project’s pedestrian-oriented layout and commitment to support lower cost overnight accommodations. Coastal LUP Policy CIRC-4.02 (Public Access and Circulation) states: “Provide and enhance pedestrian, bicycle, and transit access to and within the Coastal Zone.” The project is sited within walkable distance to North Beach, the Metrolink train station, the San Clemente Coastal Trail, the North Beach Trolley stop, and existing visitor serving businesses. It also provides affordable overnight accommodations, widened sidewalks, publicly accessible terraces and gardens, and visual access to coastal amenities. The project includes a proposal for (and condition of approval 4.5 requires) 25% of rooms on-site to be operated as lower cost overnight accommodations, or to pay an in-lieu fee to provide lower cost overnight accommodations off-site, consistent with Coastal Commission requirements. This is consistent with Coastal LUP Policy LU-44 “to mitigate potential impacts of new higher cost overnight accommodations on San Clemente’s lower cost visitor-serving accommodations to ensure that a balance of overnight accommodations types at various price points continue to be provided”; and The project supports General Plan LU Goal 1.4, which states: "Encourage development that promotes coastal and pedestrian access, supports tourism and the local economy, and preserves community character." It also complies with Coastal LUP Policy LU-41: "Encourage development of overnight accommodations in appropriate locations, including new low- and moderate-cost facilities, to maximize public access to the coast." The proposed 61-room hotel with 25 percent affordable units fulfills these goals by providing accessible lodging in a high-amenity, pedestrian-oriented coastal district. Additionally, the project addresses equity in coastal access. Coastal LUP Policy LU-1.06 (Lower-Cost Visitor Accommodations) states: “Encourage the development and retention of lower-cost overnight accommodations in the Coastal Zone.” The hotel sets aside 25 of its rooms for affordable lodging, supporting state and local mandates for inclusive coastal tourism; and The Hanson Hotel fulfills General Plan goals and policies by introducing a high-quality, visitor-serving hotel within the North Beach Focus Area. Specifically, LU Goal 1.4 encourages coastal and pedestrian access, tourism support, and community character preservation. LU-6.1 states, “Support lodging uses in areas that offer access to transit, coastal amenities, and visitor-serving attractions”. LU-22 states, “Encourage development that includes ground-floor commercial uses with upper-story residential, office, or hotel uses in mixed-use areas to support activity and street vitality”. The project aligns with these objectives by introducing a hotel and restaurants/cafes at a prominent coastal gateway and transit-adjacent site. It contributes to the area’s economic vitality, contributes to a high-quality public realm, and reflects San Clemente’s distinctive architectural character; and The project complies with Coastal Land Use Plan policies that protect sensitive habitat. This property is not identified as an Environmentally Sensitive Habitat Area (ESHA) in Figure C-2 of the General Plan. A site specific biological analysis prepared by qualified biologists demonstrates that the Project site does not contain ESHA and that implementation of the Project with the mitigation measures dependent on site specific conditions identified during pre-construction biological studies pursuant to conditions of approval BIO1 through BOI8 will not result in direct or indirect impacts to adjacent biological resources; and Coastal LUP Policy RES-54 “ESHA Buffer” states that a 100-foot buffer, shall be provided around all ESHA, except where establishment of such a buffer is prevented by existing development. In those circumstances, the largest feasible buffer will be established. ESHA buffers less than 100 feet wide may be allowed only where it can be demonstrated, through submittal of a site specific biological study that provides substantial evidence from qualified biologists, that the proposed narrower buffer would prevent impacts that would significantly degrade and/or disrupt the biological integrity and habitat values of the ESHA. As demonstrated in the site-specific biological study, there is no ESHA on the property. While it is near an identified Coastal Canyon to the northwest which has the potential to support sensitive habitat, the property is physically separated from the canyon by an intermediary developed property (retail use and parking lot) and the Segunda Deshecha Canada Flood Control Channel. There is other development within 100 feet of the canyon including the adjacent commercial building, a carwash, a moving truck rental facility, and Pico Park. Development of the subject project on commercially zoned land was anticipated by the General Plan which identified the canyon and its potential to provide habitat. At the edges of the property adjacent to the concrete channel nearest the canyon to the north and the commercial property nearest the canton on the west, a three foot ground level building setback for fire access is required. The setback will provide a means of access to the site from both sides in case of a fire, which will ensure that the canyon is not impacted by activities on the commercial property. Because the property is small and has been designated by the General Plan and zoning code for commercial use, it is not feasible to require a 100-foot buffer from the canyon and would not be consistent with the surrounding pattern of commercial development which abuts the canyon. However, the project is consistent with the ESHA buffer policy because of the required mitigation measures, which are dependent on site specific conditions identified during pre-construction biological studies pursuant to conditions of approval BIO1 through BOI8. Those mitigation measures will ensure the project does not result in impacts that would significantly degrade and/or disrupt the biological integrity and habitat values of the adjacent land which has the potential to support sensitive habitat; and The project consists of Spanish Colonial Revival architecture, landscaping, and site design, in line with the architectural style that highlights the character of the City’s early development as the “Spanish Village-by-the-Sea”, which includes the North Beach area. Building mass has been reduced by stepping the upper floors back away from Avenida Pico and the majority of the building mass along North El Camino Real is pulled to the back of the lot (north end), which maintains a pedestrian scale from Avenida Pico, consistent with General Plan Policy LU-2.01-Quality, which states: “We require that new development protect community character by providing architecture, landscaping and urban design of equal or greater quality than surrounding development, and by respecting the architectural character and scale of adjacent buildings”; and The project is designed and conditioned to reduce impacts on neighboring properties, by incorporating the following: 1) the required trash enclosure is proposed within the subterranean parking area and a screened staging area for day of service is provided adjacent to the loading area off of North El Camino Real to reduce negative noise and odor impacts and avoid traffic impacts during trash service; 2) all required parking for the hotel, restaurants, and cafes are provided on-site; 3) the project is conditioned to require all exterior amplified noise to terminate at 10:00 pm, and 4) the project is conditioned to include an audio limiter installed within the rooftop sound system with a nighttime setting that reduces volume by at least 5dBA below typical daytime operation Additionally, the project must comply with the City’s Noise Ordinance, consistent with General Plan Policy, LU-2.03-Neighborhood Compatibility, which states “We require that commercial projects abutting residential neighborhoods be designed and operated to protect residents from the effects of noise, light, odors, vibration, traffic, parking and other operational impacts.”; and The project consists of visitor-serving uses such as a hotel and public restaurant, designed to offer visitors opportunities for enjoyment of the North Beach Historic District and other nearby coastal resources, such as the ocean and Coastal Trail, consistent with General Plan Policy LU-12.02- Infill Development, which states “We accommodate development that is compatible with coastal-oriented and community-serving commercial uses (including overnight accommodations), mixed residential and commercial uses, residential uses, and public recreational uses whose function or scale are compatible with the area’s recreational character.”; and The project includes noise regulation measures consistent with City standards. General Plan Policy N-1.01 (Land Use Compatibility and Noise) states: “Minimize the impact of noise on surrounding land uses by ensuring new development complies with established noise limits and operational restrictions.” Rooftop amplified music will be ambient in nature, with volume controls, limited hours (ending by 10:00 pm), and enforcement provisions included in project conditions. These measures ensure the hotel’s operations remain compatible with adjacent properties and public spaces; and The project was reviewed by the Design Review Subcommittee (DRSC) on two occasions. The review of the project by the DRSC resulted in enhanced architectural design to ensure consistency with design requirements of the Architectural Overlay, adjacent Historic District, and to maintain scenic view corridors and historic resources, consistent with General Plan Policy C-3.04-Development Review, which states, “We review and require changes to development proposals, as needed, to minimize obstructions of designated significant public views and designated scenic view corridors, and to ensure public and private development projects in the Coastal Zone are of high-quality materials and designed to be attractive and aesthetically compatible with adjacent structures, site improvements, utilities and landscape features, as further described in the Urban Design Element.”; and The project’s proposed hotel and restaurant contribute to the Centennial General Plan’s vision to create a vibrant pedestrian atmosphere in the North Beach area that draws visitors year-round with its Spanish Colonial Revival design, restaurant with outdoor seating, full range alcohol, amplified music, and a roof top deck. The project is conditioned to require all exterior noise to terminate at 10:00 pm and when amplified music is played after 10:00 pm within the interior of the restaurant, all windows and doors must remain closed. Additionally, the project must comply with the City’s Noise Ordinance consistent with General Plan Policy ED-4.02 “North Beach. We require initiatives, investments, and development approvals for the North Beach area to contribute to our vision of the area as a multi-modal, mixed-use entertainment and recreation district that emphasizes the pedestrian experience and preserves and enhances its key assets. These assets are views of the ocean, access to the beach, a rich inventory of historic resources, access to recreational opportunities and numerous shops and services for residents and visitors alike.”; and The development aligns with General Plan LU-24, which encourages a “balanced mix of uses that promote an active street environment” and LU-22, which supports “ground floor commercial uses and upper-level residential or hospitality uses in mixed-use zones.” These components contribute to daytime and evening activity, reinforcing the coastal visitor experience; and A Vehicle Miles Traveled (VMT) Screening Assessment prepared by Michael Baker International in 2025 evaluated the Project in accordance with State CEQA Guidelines and applicable Orange County screening criteria, which authorize screening out, or exempting, projects from VMT analyses for small projects, projects in low-VMT areas, projects near transit, and affordable housing projects. The analysis determined that the Project qualifies for screening under the “small project” threshold and is located within a transit-accessible urban area, supported by its proximity to the San Clemente Metrolink Station (North Beach). Additionally, although VMT analysis has replaced LOS analysis for analyzing traffic impacts under CEQA, a traffic memo prepared by Fehr and Peers with the 2025 CEQA analysis analyzed LOS in any event and identifies that during Opening Year (2026) with Project conditions, all intersections perform at least at Level of Service C, which satisfies the City’s requirement of no worse than LOS D. The traffic consultant further confirmed with analysis that the project does not require additional infrastructure improvements like changes to the stoplight at Avenida Pico and El Camino Real or a new signal/turn lanes at the intersection of Avenida Pico and Calle Deshecha. Based on these criteria and the results of the Screening Assessment, the Project would result in less-than-significant LOS and VMT impacts, and a detailed VMT analysis is not required under CEQA. While the appeal references differences between the prior timeshare/retail concept and the proposed hotel use, as explained above, CEQA requires generally evaluation of the project under current VMT thresholds rather than a direct comparison to previously contemplated project. Further, the traffic memo prepared by Fehr and Peers does not show any LOS degradations below LOS C in any event. Finally, the project is consistent with the General Plan and zoning land use tables and the application does not request exceptions to parking or street engineering standards. The General Plan EIR included VMT analysis based on the population and employment projections anticipated within the City of San Clemente at full buildout identified in the plan. The General Plan EIR VMT analysis was prepared by the same consultant that did the project specific traffic memo, Fehr and Peers, using a Citywide Travel Demand Model (TDM) and the Southern California Association of Government’s TDM model. Thus the intensity of use and traffic related impacts (LOS, VMT, GHG, particulate pollution) were already anticipated through the General Plan EIR that designated a hotel use as an allowed use on the subject property. The subject project does not result in any significant new impacts to traffic or VMT.

The proposed project complies with zoning regulations, in that:

The project complies with zoning standards for visitor-serving commercial uses in the Coastal and Architectural Overlay Districts. San Clemente Zoning Code Section 17.28.040 (Permitted Uses in Mixed Use Zoning Districts) allows hotels (conditionally), restaurants, and cafés as permitted uses in the MU1 zone, which encompasses the project site. The proposed 61-room hotel with associated dining establishments supports the City’s intended land use and development pattern within this coastal mixed-use corridor; and Design regulations require architectural conformity with local character, particularly within designated overlays. Zoning Code Section 17.56.100 (Architectural Overlay District Design Requirements) mandates that all development in the Architectural Overlay exhibit authentic Spanish Colonial Revival architecture. The project meets these requirements with features such as red clay tile roofs, stucco walls, arched entries, decorative ironwork, and tiered massing to contribute to cohesive community character; and The 32,030 square foot lot allows for a density of 64 hotel rooms, where the project is proposing 61 rooms; and The project provides the required 104 parking spaces that includes the hotel, restaurant and café uses, with the use of the City’s outdoor dining credits of 16 extra seats for the restaurant/café uses; therefore, the project complies with parking requirements; and The project complies with the maximum allowed height of 37 feet for the plate height and 45 feet to the top of the roof. The Zoning Code allows height increases of up to two feet for chimneys per Section 17.05.080B; and The proposed structure complies with the zero-foot setback for the front, rear and side yards; and The project proposes a FAR of 1.0, where 1.0 is the maximum; and The project proposes a lot coverage of 47 percent where 100 percent is the maximum; and The project complies with the Urban Open Space requirement by providing more than 25 percent of Urban Open Space area on the ground level to adhere to the 20 percent area requirement; and SCMC §8.48.050 regulates exterior noise. An acoustical analysis by Veneklasen confirmed that sound levels from the rooftop and pool lounge are compliant with residential and commercial noise thresholds, particularly with outdoor operations ending by 10:00 pm; and Alcohol service is permitted through Conditional Use Permit per SCMC §17.16.060. The rooftop bar and restaurant are conditioned to operate within City standards for noise, hours, and public safety. Amplified music is proposed for mood setting for the pool area and roof top restaurant to avoid disturbances, ensuring the use remains compatible with nearby land uses.

C. The proposed project is consistent with the City's Design Guidelines in that:

Design Guidelines Section II.B (Architectural Style), Guideline B.2 specifies that “projects in the Architectural Overlay District must demonstrate consistency with the Spanish Colonial Revival style in massing, materials, and details.” The design of the project features characteristic elements such as white stucco walls, red clay tile roofing, wrought iron accents, and arched openings, all of which are emblematic of the Ole Hanson aesthetic and consistent with the Overlay District’s intent; and The project has a stepped design that ranges from one to three stories with articulation that breaks up the structure’s mass through the varied architectural elements such as different roof styles, a chimney, vertically oriented windows and doors, balconies, patios, wrought iron features, and outdoor light fixtures. Surrounding landscaping also further reduces apparent mass, consistent with Design Guideline Section IIC(3)(b) Reduce the perceived height and bulk of large structures by dividing the building mass into smaller components”; and The project demonstrates consistency with architectural guidelines outlined in the Henry Lenny Design Guidelines, related to, but not limited to, scale and mass, roofing, walls, architectural accessories, lighting, and landscape; and Design Guidelines Section II.A (Commercial Design), Guideline A.1 states that “new development should be designed to promote pedestrian-oriented, mixed-use, and visitor-serving opportunities.” The project includes a 61-room boutique hotel, ground-floor café, rooftop restaurant, and walk-up window, all of which are designed with a pedestrian scale and street-facing activation. These elements support the city's goal of creating vibrant commercial environments that enhance tourism and community interaction; and Per Design Guideline Section II.A.3, projects should “support and strengthen the economic vitality of commercial areas through high-quality design and programming.” The project meets this objective by integrating visitor-serving uses with architectural appeal and public amenities, enhancing the economic draw of the North Beach district and fostering job creation and local spending from both tourists and residents; and Design Guideline II.A.2 encourages “coastal-compatible development that supports visitor access, views, and services without degrading natural or historic resources.” The project provides a mix of uses that cater to coastal visitors, integrates transit access, and ensures architectural and land use compatibility with its prominent gateway and coastal location; and Design Guideline Section II.D (Site Planning), Guideline D.5 states that “development should preserve existing public coastal views, particularly from scenic corridors.” In compliance, the project steps down its massing along Avenida Pico, introduces transparent architectural elements, and includes terraces to maintain and even enhance views from designated public vantage points; and Design Guideline Section II.E (Cultural and Historic Resources), Guideline E.1 mandates that “new development must be sensitively integrated with nearby historic structures.” The project responds with massing and materials inspired by the local historic context, reinforcing the North Beach Historic identity; and Design Guideline II.D.3, development should “enhance and not obstruct pedestrian access to the coast.” The project includes publicly accessible gardens, walkways, and seating areas along Avenida Pico and El Camino Real. Its proximity to multimodal transit and pedestrian trails further supports seamless coastal access in accordance with the city's circulation and open space principles; and Design Guideline II.A.1 emphasizes the importance of “a diversity of lodging opportunities to serve a wide range of visitors.” The project exceeds typical offerings by providing 25 percent of the hotel rooms as affordable, fulfilling California Coastal Commission and City policy goals and ensuring economic inclusivity in coastal accommodations; and Design Guideline II.A.5 specifies that commercial uses must be “designed to minimize noise impacts on adjacent properties.” The acoustical report confirms that noise levels from rooftop and pool uses remain within acceptable thresholds set by the City, particularly during nighttime hours. Architectural measures such as screening and limited hours for amplified music ensure compliance and neighborhood compatibility.

D. 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 project is proposed entirely within the property and the project’s commercial components comply with San Clemente Zoning Ordinance §17.16.060(C)(3), which requires that new non-residential development not adversely impact neighboring uses. The hotel, café, and rooftop restaurant are designed with sufficient setbacks, a dedicated loading zone, and a subterranean parking facility with 104 stalls, minimizing vehicular and pedestrian conflicts and supports orderly development; and The project is near historic resources and does not adversely affect their character as it incorporates materials and architectural motifs consistent with the Ole Hanson-era tradition and North Beach Historic District. The DRSC concluded in its review of the project that the building will enhance, not harm, the district’s historic fabric, maintaining neighborhood integrity and heritage value; and All required parking for the project is provided on-site; and The trash area is fully enclosed and serviced from the designated loading area off of North El Camino Real; and Pursuant to Coastal LUP VIS-10 and General Plan Urban Design policies, development along scenic corridors must preserve public views where feasible. The building’s stepped-back design and reduced height along Avenida Pico protect critical ocean vistas and minimize bulk impacts. Simulations confirm that the remaining visual intrusions are addressed by creating view corridors, public rooftop access, and transparent design elements, thus preventing harm to scenic resources or adjacent property values; and The project is conditioned to comply with the Building and Fire code to ensure the project adheres to all of the applicable regulations; and The project’s noise study confirms there are no noise impacts to adjacent uses with the proposed outdoor pool and restaurants and amplified music and is conditioned to require all exterior noise and seating for the outdoor roof restaurant area will terminate at 10:00 pm and when amplified music is played after 10:00 pm within the interior of the restaurant only, all windows and doors must remain closed. Additionally, the project has condition of approval 7.8 requiring compliance with the City’s Noise Ordinance; and The project’s noise study prepared by Veneklasen Associates, Inc. confirms that sound from the rooftop and pool areas will remain within permissible limits, with restrictions on hours to protect residential and commercial neighbors. These operational conditions ensure noise will not have a negatively affect on the health or tranquility of surrounding uses; and The proposed hotel and restaurant uses of the project are compatible with the General Plan and Coastal Land Use Plan as visitor-serving uses.

E. The proposed project is in character and compatible with the properties in the neighborhood, in that:

Zoning Ordinance §17.56.030, uses in the Central Business Overlay District must “generate pedestrian activity appropriate in a pedestrian-oriented space.” The hotel and its integrated café and rooftop restaurant activate the street frontage along North El Camino Real and Avenida Pico, contributing to the pedestrian-focused character of the North Beach commercial area. These uses contribute vibrancy and are appropriately scaled to complement the neighborhood’s existing and emerging mixed-use developments; and Design Guideline Section II.B.2 and the Zoning Code regulations for the Architectural Overlay District require development to be compatible with traditional Spanish Colonial Revival design. The project incorporates signature elements such as red clay tiles, stucco walls, wrought iron detailing, and arched forms, aligning with surrounding structures and reinforcing the stylistic continuity of the North Beach Historic District. This architectural consistency ensures compatibility with the area's established character; and Coastal Element Policy C-4.02 requires coastal-adjacent projects to be “designed in context with their surroundings.” The project integrates public pathways, native landscaping, and recreational viewing spaces, allowing it to fit into the scenic and recreational context of its coastal surroundings. These features, combined with transit accessibility, ensure a development that complements its coastal neighborhood setting; and Per Design Guidelines II.E.1, new construction near historic resources must “respect and reflect the historic character of the district.” The hotel’s traditional design, massing, and materials mirror those of nearby historically significant buildings. The project’s compatibility is further affirmed by DRSC feedback noting its appropriateness for the historic gateway location and successful integration with adjacent cultural assets; and The project has a noise study that confirms there are no noise impacts to adjacent uses with the proposed outdoor pool and restaurants and amplified music and is conditioned to require all exterior noise and seating for the outdoor roof restaurant area will terminate at 10:00 pm and when amplified music is played after 10:00 pm within the interior of the restaurant, all windows and doors must remain closed. Additionally, the project has condition of approval 7.8 requiring compliance with the City’s Noise Ordinance; and The project’s uses including restaurants and cafes are conditioned with noise, hours, and patron controls that limit the exterior hours to 10:00 pm which reflect neighboring restaurant operations. The use supports the area’s identity as a lively, visitor-oriented district while preserving compatibility with adjacent commercial and mixed-use properties.

F. The proposed project complies with the purpose and intent of the Architectural Overlay District, in that:

Per SCMC §17.56.020(B), projects within the Architectural Overlay must reflect the Spanish Colonial Revival (SCR) style consistent with San Clemente’s heritage. The project follows the basic principles of traditional SCR design through white stucco walls, terracotta tile roofing, wrought iron railings, arches, and decorative chimneys. These stylistic elements align the building with both historic precedent and surrounding context, fulfilling the Overlay’s intent to preserve and reinforce architectural identity; and A key principle of the Architectural Overlay is to ensure new development complements historic resources, particularly adjacent to the North Beach Historic District. The project achieves this through a manor-style design inspired by the Ole Hanson tradition, incorporating white stucco, terracotta roof tiles, arched openings, iron detailing, and articulated chimneys to reflect the architectural language of nearby historic landmarks such as the Casino San Clemente and the Beach Club. The building massing steps down to one story along Avenida Pico to reduce visual impact and maintain compatibility with the scale of surrounding historic structures. The project demonstrates architectural sensitivity and contextual alignment, reinforcing the historic character of North Beach and fulfilling the overlay’s intent to preserve and celebrate San Clemente’s coastal village heritage.

G. The proposed project/use preserves and strengthens the pedestrian-orientation of the district and/or San Clemente's historic identity as a Spanish village, in that:

1. The proposed project will not have negative visual or physical impacts upon the historic structure. General Plan LU-2.01 encourages visitor-serving, pedestrian-scaled development in mixed-use corridors. The hotel incorporates street-facing entries, a walk-up café window, and publicly accessible gardens that activate the El Camino Real and Avenida Pico frontages. These design features foster walkability and street life, reinforcing the North Beach district’s identity as a pedestrian-oriented district; and

2. Per Design Guidelines II.B.2 and the Architectural Overlay District standards, new buildings must reflect San Clemente’s Spanish Colonial Revival heritage. The project’s SCR design includes arched openings, clay roof tiles, and ornamental ironwork, enhancing the streetscape with a style deeply tied to the city’s historic identity. This aesthetic continuity reinforces the visual narrative of San Clemente as the "Spanish Village by the Sea."; and

3. The project’s coastal-compatible design integrates public view terraces, native plantings, widened sidewalks, accessible landscaped paths, and seating areas that enhance the coastal experience for pedestrians and strengthen linkages to the beach and nearby trail systems. The project’s massing and scale maintain compatibility with adjacent structures while reinforcing a walkable, connected coastal setting that aligns with the City’s goals for accessible and engaging public spaces; and

4. The inclusion of two cafes at the street level, one with a walk-up window and another within the hotel lobby, activates the public realm and encourages pedestrian traffic along North El Camino Real: and The project’s street-level uses, including a lobby café and walk-up café, introduces uses that are consistent with the North Beach Historic District’s historic commercial function without overwhelming the surrounding historic buildings. Its placement across the street from the District at the north end of the North El Camino Real and Avenida Pico intersection and setbacks ensure that these new uses enhance rather than disrupt the pedestrian-scale fabric of the district; and The proposed development is in line with the Spanish Colonial Revival architectural style of the nearby North Beach Historic District. However, it is proposed in a manner that differs from the historic resources, and does not replicate the original buildings, through the application of modern elements such as the roof, stucco, windows, decorative tiles, and window and door openings consistent with Design Guideline IV.E.1., which states, “new developments which are built on designated historic sites or additions to older buildings of substantial historic character should be respectful of the historic building or site. While not mimicking the older structure, the development should consider the compatibility of size, form, scale, materials, details, textures, colors, and landscape features.” SECTION 4. Conditional Use Permit Findings (SCMC 17.16.060), to allow a hotel use, restaurant and café with outdoor dining and, full range alcohol service, and amplified music.

With respect to Conditional Use Permit (CUP) 25-329, the City Council finds as follows:

The proposed use is permitted within the subject zone pursuant to the approval of a Conditional Use Permit and, as conditioned, complies with all 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:

The proposed hotel and restaurant use with outdoor seating, with the service of full alcohol and amplified music is consistent with the City’s North Beach District is consistent with General Plan Policy; ED-4.02. “North Beach. We require initiatives, investments, and development approvals for the North Beach area to contribute to our vision of the area as a multi-modal, mixed-use entertainment and recreation district that emphasizes the pedestrian experience and preserves and enhances its key assets. These assets are views of the ocean, access to the beach, a rich inventory of historic resources, access to recreational opportunities and numerous shops and services for residents and visitors alike.”; and The hotel and restaurant uses proposed are prioritized in this area as identified in the General Plan and Coastal LUP to contribute to the vitality of North Beach and create visitor service uses and amenities in the area; and The outdoor dining along North El Camino Real and at the rooftop restaurant will engage the use with the street and create an enhanced pedestrian experience, consistent with Coastal LUP Policy LU-24:
"Encourage commercial uses that enhance the visitor experience, including dining and beverage service, in pedestrian-friendly areas."; and The project incorporates traditional Spanish Colonial Revival design. The project incorporates signature elements such as red clay tiles, stucco walls, wrought iron detailing, and arched forms, aligning with surrounding structures and reinforcing the stylistic continuity of the North Beach Historic District. This architectural coherence ensures compatibility with the area's established character; and General Plan Policy ED-1.05 encourages development that “complements existing businesses and supports area revitalization.” The project contributes to the economic activity of the North Beach area by increasing foot traffic and offering hospitality amenities that attract both visitors and locals. It enhances the area’s commercial character without displacing existing businesses; and The project will create a restaurant and hotel with a roof deck that will provide for tourism in the North Beach area for overnight stay and day-trips, consistent with General Plan Policy ED-3.02. “Year-round Tourism. In City Council decisions, initiatives, investments, and development approvals, we give equal priority to programs and projects that promote consistent year-round overnight tourism, as well as to programs and projects that promote seasonal or day-trip tourism.”; and The project has been designed and conditioned to reduce impacts on neighboring residential properties, by incorporating the following: 1) the required trash enclosure is proposed in the subterranean parking structure to reduce negative noise and odor impacts; 2) all required parking is provided-on site and is in excess of the required number of parking spaces; and 3) the project is conditioned to require all exterior noise to terminate at 10:00 pm and exterior restaurant seating at 10:00 pm. When amplified music is played indoors, from 10:00 pm to 12:00 am, all windows and doors must remain closed. Additionally, the project must comply with the City’s Noise Ordinance consistent with General Plan Policy, LU-2.03-Neighborhood Compatibility, which states “We require that commercial projects abutting residential neighborhoods be designed and operated to protect residents from the effects of noise, light, odors, vibration, traffic, parking and other operational impacts.”; and The project consists of visitor-serving uses such as a hotel and public restaurant, designed to offer visitors opportunities for enjoyment of the North Beach Historic District and other nearby coastal resources, such as the ocean and Coastal Trail, consistent with General Plan Policy LU-12.02- Infill Development, which states “We accommodate development that is compatible with coastal-oriented and community-serving commercial uses (including overnight accommodations), mixed residential and commercial uses, residential uses, and public recreational uses whose function or scale are compatible with the area’s recreational character.”; and The project is designed in a manner to reduce building mass from the street and at the rear of the structure, consistent with General Plan Policy UD-5.10-Scale and Massing, which states “We require that the scale and massing of development be compatible with its surroundings and with the General Plan, applicable specific plan and or area plan.”; and The project complies with Coastal Land Use Plan policies that protect sensitive habitat. This property is not identified as an Environmentally Sensitive Habitat Area (ESHA) in Figure C-2 of the General Plan. A site specific biological analysis prepared by qualified biologists demonstrates that the Project site does not contain ESHA and that implementation of the Project with the mitigation measures dependent on site specific conditions identified during pre-construction biological studies pursuant to conditions of approval BIO1 through BOI8 will not result in direct or indirect impacts to adjacent biological resources; and Coastal LUP Policy RES-54 “ESHA Buffer” states that a 100-foot buffer, shall be provided around all ESHA, except where establishment of such a buffer is prevented by existing development. In those circumstances, the largest feasible buffer will be established. ESHA buffers less than 100 feet wide, may be allowed only where it can be demonstrated, through submittal of a site specific biological study that provides substantial evidence from qualified biologists, that the proposed narrower buffer would prevent impacts that would significantly degrade and/or disrupt the biological integrity and habitat values of the ESHA. As demonstrated in the site-specific biological study, there is no ESHA on the property. While it is near an identified Coastal Canyon to the northwest which has the potential to support sensitive habitat, the property is physically separated from the canyon by an intermediary developed property (retail use and parking lot) and the Segunda Deshecha Canada Flood Control Channel. There is other development within 100 feet of the canyon including the adjacent commercial building, a carwash, a moving truck rental facility, and Pico Park. Development of the subject project on commercially zoned land was anticipated by the General Plan which identified the canyon and its potential to provide habitat. At the edges of the property adjacent to the concrete channel nearest the canyon to the north and the commercial property nearest the canton on the west, a three-foot ground level building setback for fire access is required. The setback will provide a means of access to the site from both sides in case of a fire, which will ensure that the canyon is not impacted by activities on the commercial property. Because the property is small and has been designated by the General Plan and zoning code for commercial use, it is not feasible to require a 100-foot buffer from the canyon and would not be consistent with the surrounding pattern of commercial development which abuts the canyon. However, the project is consistent with the ESHA buffer policy because of the required mitigation measures, which are dependent on site specific conditions identified during pre-construction biological studies pursuant to conditions of approval BIO1 through BOI8. Those mitigation measures will ensure the project does not result in impacts that would significantly degrade and/or disrupt the biological integrity and habitat values of the adjacent land which has the potential to support sensitive habitat.

The site is suitable for the type and intensity of use that is proposed, in that:

The project complies with zoning standards for visitor-serving commercial uses in the Coastal and Architectural Overlay Districts. San Clemente Zoning Code Section 17.40.030 (Permitted Uses in Mixed Use Zoning Districts) allows hotels (conditionally), restaurants, and cafés as permitted uses in the MU1 zone, which encompasses the project site. The proposed 61-room hotel with associated dining establishments supports the City’s intended land use and development pattern within this coastal mixed-use corridor; and Design regulations require architectural conformity with local character, particularly within designated overlays. Zoning Code Section 17.56.100 (Architectural Overlay District Design Requirements) mandates that all development in the Architectural Overlay exhibit authentic Spanish Colonial Revival architecture. The project meets these requirements with features such as red clay tile roofs, stucco walls, arched entries, decorative ironwork, and tiered massing—contributing to cohesive community character; and The 32,030 square foot lot allows for a density of 64 hotel rooms and the project is proposing 61 rooms; and The project provides the required 104 parking spaces for the project that includes the hotel, restaurant and café uses, with the use of the City’s outdoor dining credits for the cafes therefore is in compliance with parking requirements; and The project complies with the maximum allowed height of 37 feet for the plate height and 45 feet to the top of the roof. The Zoning Code allows height increases for the chimneys which is allowed per Section 17.05.080B which allows chimneys to exceed the maximum height by two feet; and The proposed structure complies with the zero foot setback for the front, rear and side yards; and The project proposes a FAR of 1.0, where 1.0 is the maximum; and The project proposes a lot coverage of 47 percent where 100 percent is the maximum; and The project complies with the Urban Open Space requirement by providing more than 25 percent of Urban Open Space area on the ground level to adhere to the 20 percent requirement; and The trash enclosure is fully enclosed in the subterranean parking structure and serviced from the loading area adjacent to North El Camino Real.

As conditioned, the proposed use will not be detrimental to the public health, safety, or welfare, or materially injurious to properties and improvements in the vicinity, in that:

All required parking for the project is provided on site; and The trash area is fully enclosed and serviced from the designated loading area off of North El Camino Real; and Pursuant to Coastal LUP VIS-10 and General Plan Urban Design policies, development along scenic corridors must preserve public views, where feasible. The building’s stepped-back design and reduced height along Avenida Pico protect critical ocean vistas and minimize bulk impacts. Simulations confirm that the remaining visual intrusions are addressed by creating view corridors, public rooftop access, and transparent design elements, thus preventing harm to scenic resources or adjacent property values; and The project is conditioned to comply with the Building and Fire code to ensure the project adheres to all applicable regulations; and The project’s noise study confirms there are no noise impacts to adjacent uses with the proposed outdoor pool and restaurants with amplified music. The project is conditioned to require all exterior noise and seating for the roof top restaurant and pool to terminate at 10:00 pm and when amplified music is played after 10:00 pm it can only be played within the interior of the restaurant and all windows and doors must remain closed. Additionally, the project has condition of approval 7.8 requiring compliance with the City’s Noise Ordinance; and The proposed hotel and restaurant uses are compatible with the General Plan and Coastal LUP as visitor-serving uses.

The proposed use, as conditioned, will not negatively impact surrounding land uses, in that:

The hotel, rooftop restaurant, and café are consistent with the MU1-A-CB-CZ zoning designation, which promotes mixed-use, visitor-serving development. Surrounding properties include commercial and hospitality uses, making the project functionally and operationally compatible with existing land uses; and The project’s noise study confirmed that amplified music and general operational noise from rooftop and outdoor areas will remain within the thresholds established in Municipal Code Chapter 8.48. These findings, along with restrictions on hours of use, ensure the project does not create a nuisance for nearby properties; and The project steps down to one story along Avenida Pico and is designed with articulated rooflines and recessed walls, preserving the Avenida Pico view corridor and minimizing massing impacts. These strategies prevent overshadowing or blocking important visual resources, protecting the scenic character of the area; and The development includes a subterranean garage with 104 parking stalls, sufficient to meet City parking requirements without relying on on-street parking or negatively impacting adjacent uses. The site’s location near rail, bus, and trolley routes also supports multi-modal transportation and minimizes vehicle impacts; and The ground-floor cafés and publicly accessible open spaces activate the street frontages, enhancing the pedestrian environment and complementing nearby commercial and recreational land uses. These features foster a lively, walkable district rather than creating an isolated or auto-dependent use; and The hotel’s design is based on Spanish Colonial Revival architecture and has been reviewed through by the Design Review Subcommittee. Its scale, materials, and detailing are compatible with adjacent historic resources, ensuring no adverse visual or contextual impacts on the North Beach Historic District; and Alcohol service and amplified music are permitted only under the Conditional Use Permit, with operational conditions in place to control hours, noise, and security. These restrictions ensure that the project remains compatible with nearby commercial and residential uses; and Drainage and Infrastructure: The project includes modern stormwater management and utility improvements that comply with the City’s Engineering standards, ensuring that new development does not create runoff, drainage, or infrastructure issues for neighboring properties; and The proposed hotel and restaurant contribute to the mix of services within the North Beach area, including other restaurants and overnight accommodations, and supporting uses such as service, and retail shops; and The trash enclosure is fully enclosed in the subterranean parking structure and serviced from the temporary storage area adjacent to the loading area next to North El Camino Real; and The proposed uses are compatible with the General Plan and Coastal LUP as visitor-serving uses; and The project’s noise study confirms there are no noise impacts to adjacent uses with the proposed outdoor pool and restaurants with amplified music. The project is conditioned to require all exterior noise and seating for the roof top restaurant and pool to terminate at 10:00 pm and when amplified music is played after 10:00 pm it can only be played within the interior of the restaurant and all windows and doors must remain closed. Additionally, the project has condition of approval 7.8 requiring compliance with the City’s Noise Ordinance.

E. The outdoor dining area contributes to the village/pedestrian ambiance of the City, consistent with the City's General Plan, in that:

The project includes a 142-seat restaurant and two street level cafes associated with a 61-room hotel, with full range alcohol, amplified music, and outdoor seating will generate pedestrian activity and activate the sidewalk in front of the project to add to the vitality of the North Beach area; and The project’s two street-fronting cafés and rooftop restaurant with predominantly outdoor seating significantly contribute to the village and pedestrian ambiance of San Clemente, in direct alignment with the City’s General Plan goals for vibrant, walkable coastal districts. General Plan Policy LU-2.01 encourages “pedestrian-oriented, visitor-serving uses” in mixed-use areas, particularly those that activate the public realm. The ground-level lobby café along El Camino Real and the walk-up café window at the corner of North El Camino Real and community garden along Avenida Pico create continuous visual interest, encourage street-level activity, and offer casual gathering spaces that enrich the pedestrian experience; and The rooftop restaurant, which features mostly outdoor seating and ocean views, not only supports the City’s tourism objectives but also enhances the sense of openness and coastal character emphasized in Urban Design Policies UD-2.03 and UD-2.07. Together, these food and beverage uses foster social interaction, extend pedestrian dwell time, and help animate the streetscape, reinforcing the “Spanish Village by the Sea” identity by merging architecture, public space, and lifestyle in a cohesive and lively urban environment.

F. The outdoor dining area complies with the standards of SCMC section 17.28.205, in that:

The outdoor dining areas are located adjacent to North El Camino Real and Avenida Pico in designated private plaza spaces, strategically sited to avoid encroachment into public sidewalk areas. These areas are clearly delineated and separated from pedestrian walkways, ensuring unobstructed passage. The placement supports the City’s goals for active, pedestrian-oriented commercial corridors while maintaining safe circulation; and The outdoor dining areas fronting North El Camino Real are entirely at-grade and located within the building footprint or designated private patio areas. They do not interfere with on-site parking supply or drive aisles and avoid any encroachment into public rights-of-way or required off-street parking or loading areas. This ensures that the project maintains compliance with zoning requirements for vehicle circulation and parking, while activating the site’s perimeter through enhanced public engagement; and Outdoor dining is proposed at two locations: street-level cafés and the rooftop restaurant. All outdoor seating areas are located within the building envelope and comply with the maximum height limitation of 45 feet established for the MU1 zoning district. The rooftop restaurant has been carefully designed with setbacks and screening to minimize visual bulk and preserve views, while maintaining architectural cohesion and zoning compliance; and The outdoor seating is clearly accessory to the primary commercial uses, two ground-level cafés and a rooftop restaurant with bar service proposed as part of the hotel project. These dining areas are integral to the hospitality program and are intended to enhance the visitor experience by offering coastal views and social interaction zones, in keeping with the intent of SCMC Section 17.28.205 to support a vibrant mixed-use environment.

G. Any negative visual, noise, traffic, accessibility, and parking impacts associated with the outdoor dining area have been reduced to an acceptable level, as determined by the City; in that:

The café seating along North El Camino Real will close at 10:00 pm for all days of the week; and The outdoor seating will be separated from the public right-of-way to ensure all seating remains on-site; and The project is conditioned to require all exterior noise to terminate at 10:00 pm and when amplified music is played from 10:00 pm to 12:00 am within the interior of the restaurant only, all windows and doors must remain closed. Additionally, the project must comply with the City’s Noise Ordinance.

SECTION 5. City Council Approval.

Based on the foregoing recitals and findings, and the written and oral comments, facts, and evidence presented, the City of San Clemente City Council approves Discretionary Permit (DP) 25-324 and Conditional Use Permit (CUP) 25-329, Hanson Hotel, subject to the Conditions of Approval set forth in Exhibit A, which is fully incorporated herein.

SECTION 6. Certification. The City Clerk shall certify to the passage of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this _____ day of ____________________, 2026.

ATTEST:
___________________________ __________________________
City Clerk of the City of Rick Loeffler, Mayor of the City of San Clemente, California 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. 26-56 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
Exhibit AExhibit ACONDITIONS OF APPROVAL
Exhibit A
Exhibit A
Public Hearing Project 25-323, Hanson Hotel
Discretionary Permit (DP) 25-324 and Conditional Use Permit (CUP) 25-329

1.0 GENERAL CONDITIONS OF APPROVAL

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.

Planning

1.2 The applicant shall defend (with counsel acceptable to the City), 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, or City Planner, Zoning Administrator, or City employees or environmental finding. Applicant shall pay all costs upon request by the City. 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 at the applicant’s expense. 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.

Planning

1.3 Use and development of this property shall be in substantial conformance with the approved plans, material boards and other applicable information submitted with this application, and with these conditions of approval.

Planning

1.4 The applicant shall comply with all applicable current and future provisions of the San Clemente Municipal Code, adopted ordinances, and state laws.

All

1.5 Use of the subject property shall conform to all occupancy requirements, including posting of signs related to the maximum occupancy limitations.

Code Comp

1.6 Discretionary Permit (DP) 25-324 / Conditional Use Permit (CUP) 25-329 shall be deemed to have expired if within three years of approval the project is not commenced, or the project permitted by the approved application has lapsed, as defined by Zoning Ordinance Section 17.12.150.

Planning

1.7 1.8
Within five business days of project approval, the applicant shall submit to the Planning Division a check made payable to the Orange County Clerk-Recorder in the amount of $50 for filing the CEQA Notice.

The applicant shall pay any outstanding balance for City reviews, such as the WQMP review, and any other deposit account expenses related to this project within 30 days’ notice from the City of any outstanding balance.

Planning
Planning

1.9 The project shall implement the mitigation measures from City Council Resolution No. 91-94, Exhibit 2—Air Quality-1, Air Quality-3, and Lighting/Glare-1. Prior to building permit issuance, these measures shall be shown on the grading/dust control notes, erosion and stormwater plans, lighting plans, and construction specifications, as applicable. The City Planner may (i) approve equivalent or more effective measures, or (ii) issue a written determination that compliance with the current California Building Code, San Clemente Municipal Code (including the Zoning Ordinance), or other adopted regulations fully satisfies the intent of a listed measure, in which case that code compliance shall govern. The applicant shall implement the measures during construction and operation, and the City shall verify compliance prior to final inspection/occupancy. (SCAQMD Rules 402 and 403, California Building Code, San Clemente Municipal Code) Planning **

3.0 PRIOR TO ISSUANCE OF GRADING PERMITS

3.1 The working drawings shall include within the first four pages a list of all conditions of approval included in this resolution.

Planning

3.2 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, landslide treatment, treatment of cut and fill, slope stability, soils engineering, and surface and subsurface drainage, and recommendations for further study. (SCMC Chapter 15.36) Public Works

3.5 The applicant shall submit, and must obtain approval from the City Engineer, a precise grading plan as required by the City Grading Manual and Ordinance. (SCMC Chapter 15.36) Public Works

3.7 Abandonments
The applicant shall submit to the City Engineer a copy of the recorded abandonment from the County of Orange, as well as evidence of recordation of any easements required as a condition of this abandonment. (SCMC Section 12.20.010) Public Works
Addressing and Street Names

3.8 The applicant shall submit, and the City Planner shall approve, a plan depicting all street names and addresses for all of the buildings and facilities within the project.

Planning
Financial Security

3.9 The applicant 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 Engineer, for the following applicable items: grading improvements; frontage improvements; sidewalks; sewer lines; water lines; onsite storm drains; 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. (SCMC Chapter 15.36) Public Works
Improvements

3.10 The applicant shall submit, and the City Engineer shall approve, frontage improvement plans. The applicant shall be responsible for the construction of all required frontage improvements as approved by the City Engineer including but not limited to the following:

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. The street right-of-way along the North El Camino Real property frontage varies between approximately 6 to 9 feet behind the curb, therefore a sidewalk easement is anticipated to be required to be granted to the City in order to obtain a 4 foot wide sidewalk around the obstructions. Said sidewalk easement shall be submitted to, and approved by, the City Engineer. The street right-of-way along the Avenida Pico property frontage varies between approximately 7.5 to 8.5 feet behind the curb, therefore a sidewalk easement would not be necessary unless the design changes and street trees are added to be within the sidewalk area.

Contractor shall replace any damaged street improvements resulting from construction activities to the satisfaction of the City Inspector. (SCMC Chapter 15.36 and Sections 12.08.010, and 12.24.050) Public Works*

3.11 Landscape Plans
The applicant shall submit, and the City Planner, Assistant City Engineer, and Beaches, Parks and Recreation Director shall review and approve, a detailed landscape and irrigation plan incorporating primarily drought tolerant plants, for the entire site and any areas proposed to be landscaped or hardscaped within the public right of way, including common areas, slopes, sidewalk buffers, and other landscaped areas. The final plan shall be prepared by a registered landscape architect, in substantial conformance with Sheets L-1 through L-9 included as Attachment 3 to this staff report, and in compliance with all pertinent requirements including, but not limited to guidelines contained in the City's Master Landscape Plan of Scenic Corridors, as well as any modifications required as part of the Coastal Commission review (SCMC Section 17.68.020). The project shall incorporate vertical landscaping at the rear of the building (North elevation) to provide vertical screening of the structure. Placement of the vertical landscaping and type shall be sensitive to not contribute to ocean view obstructions from the Avenida Pico Scenic Corridor.

Planning**

3.12 All landscape irrigation systems shall be designed using the City's reclaimed water standards. In the event reclaimed water is not available at the time the system is put into operation, the system may be connected to the potable water system. When reclaimed water is available, the system shall be converted to reclaimed service. The owner or designee shall install reclaimed water service lines to the meter locations for future connection when reclaimed water is available.

Planning, Public Works**
Noise

3.13 The applicant shall demonstrate to the satisfaction of the City Engineer that the following standards shall be satisfied:

All construction vehicles or equipment, fixed or mobile, operated within 1,000 feet of a dwelling shall be equipped with operating and maintained mufflers.

All operations shall comply with Orange County Codified Ordinance Division 6 (Noise Control).

Stockpiling and/or vehicle-storage areas shall be located as far as practicable and out of view from dwellings.

The City of San Clemente Noise Ordinance, limiting the hours of construction to between 7:00 a.m. and 6:00 p.m., shall be enforced. (SCMC Chapter 15.36)
Public Works
NPDES

3.14 The applicant shall demonstrate to the satisfaction of the City Engineer or designee that the project meets all requirements of the San Diego Regional Water Quality Control Board National Pollutant Discharge Elimination System (NPDES) Municipal Separate Strom Sewer Permit, and Federal, State, County and City guidelines and regulations, in order to control pollutant run-off. (SCMC Chapter 13.40) Public Works

3.18 Unless approved otherwise by the City Engineer, the developer shall provide evidence of consent from any easement holders for development within easement areas. (SCMC Chapter 15.36) Public Works**

3.19 Unless waived otherwise by the City Engineer, the developer shall acknowledge in writing that the development is subject to all State water quality and storm drain discharge permit regulations. This may include, but is not limited to, elimination of discharges such as subdrain and other non-storm related discharge. Project designs revisions may be required for compliance with such applicable regulations. (SCMC Chapter 15.36) Public Works**

3.20 The project garage entry and exit driveway shall be designed for restricted vehicles to a right turn in and exit only. Unless approved otherwise by the City Engineer, this shall include the addition of right turn arrow markings on the pavement of the drive aisle surface. (SCMC Chapter 15.36). See Figure 1: Circulation and Line of Sight.

Figure 1: Circulation and Line of Sight
Public Works**

3.21 Unless approved otherwise by the City Engineer and the driveway grade is modified to meet all City Standards, in order to increase sight distance of pedestrians for vehicles exiting the garage, the project design shall remove the front landscape planter that is currently shown behind the sidewalk and immediately west of the drive aisle. Landscaping in this area and the area near the corner of Avenida Pico and North El Camino Real shall be maintained by the applicant or future property owner in perpetuity, to protect the vehicle line of sight of pedestrians on the public sidewalk. (SCMC Chapter 15.36). See Figure 1: Circulation and Line of Sight Public Works**

3.22 The development has floors below street grade (1-foot above top of full height curb), therefore a hydrology study will be need to prove the development is not subject to run-on from street drainage. (SCMC Chapter 15.36) Public Works**

4.0 PRIOR TO ISSUANCE OF BUILDING PERMITS

4.1 The working drawings shall include within the first four pages a list of all conditions of approval included in this resolution.

Planning
Coastal Commission Approval

4.4 The applicant shall demonstrate to the City Planner that the project has secured approval from the California Coastal Commission. Any changes to the City-approved project required by the Coastal Commission shall be reviewed by the City Planner, and if deemed significant, may be reviewed for City Council review consistent with SCMC Chapter 17.12.180 Planning*

4.5 The project includes a proposal to provide 25% of rooms on-site as lower cost overnight accommodations or pay an in-lieu fee to provide lower cost overnight accommodations off-site, consistent with Coastal Commission requirements. Prior to issuance of Building Permits, the applicant shall include the lower cost rooms on the final plans or provide to the City Planner evidence of payment of an in-lieu fee consistent with Coastal Commission requirements, and acceptance of the fee by a qualified entity, subject to the approval of the City Planner and the Coastal Commission’s Executive Director. Any lower cost rooms included on the plans shall be operated consistent with the applicant’s proposal and Coastal Commission requirements for the entire life of the hotel development authorized on the property.

Noise
Planning*

4.6 Prior to the issuance of building permits for each structure or tenant improvement, other than a parking structure, the applicant shall submit, and must obtain approval from the City Planner, a final acoustical report. The report shall demonstrate that the development will be sound attenuated against present and projected noise levels including stationary, roadway, aircraft, helicopter, and railroad noise to meet City interior and exterior noise standards. The report shall also provide verification that use of any on-site sound system will comply with the City’s noise ordinance, particularly with reference to db(c) measurements from residential properties. The report shall be accompanied by a list identifying the sheet(s) of the building plans that include required sound attenuation measures.

Planning

4.7 The applicant shall demonstrate to the satisfaction of the Building Official that the plans include all sound attenuation measures specified in the acoustical report required by Conditions 3.13 and 4.5 as well as NOI-1.

Building
**
Utilities

4.10 If the project pertains to a Food Service Establishment (FSE), the applicant shall submit, and the City Utilities Director shall approve, plans depicting the Fats, Oils, and Greases (FOG) controls, with the plans and design approved by the Orange County Health Care Agency.

Utilities

4.11 The applicant shall submit, and must obtain approval from the City Engineer, plans depicting the installation of an approved double-detector check backflow assembly on any/all fire lines above ground and as near to the point of connection to the potable water system as practical, given functional and aesthetic considerations. An isolation valve shall be installed on any/all fire lines at the point of connection to the water main. (SCMC Section 13.04.350) Public Works

4.12 4.13
The applicant shall submit, and the City Engineer shall approve, plans depicting the installation of an approved reduced pressure principal backflow assembly on any/all potable water systems, and any/all irrigation systems, above ground, directly after each water meter as practical, and at a minimum height of 12” from the bottom of each assembly to ground level. (SCMC Section 13.04.350) Prior to the issuance of building permits, the architectural, civil (if applicable), and landscape plans shall be revised to incorporate all modifications to address Orange County Fire Authority (OCFA) requirements. Specifically, the project design shall provide a minimum three-foot setback around the perimeter of the structure, consistent with OCFA standards.

Public Works
OCFA Planning **

4.14 Prior to the issuance of a building permit exterior walls must comply with CBC Section 705 for fire resistance and protection of exterior openings. Openings are not allowed in a fire rated wall less than three feet from the property line.

Building
**

4.15 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 specified event.

OCFA**

4.16 Prior to approval of a tentative map or issuance of precise grading permit, whichever comes first; or, at the discretion of the planning department, prior to approval at public hearing if this precedes map approval or grading permit issuance:

Conceptual fuel modification plan (service code PR120); the applicant may opt to skip submittal of a conceptual fuel modification plan and proceed directly to submittal of a precise fuel modification plan (service code PR124) at this time instead.

OCFA**

4.17 Prior to OCFA clearance of a final map or issuance of a precise grading permit or a building permit, if a grading permit is not required:

Fire master plan (service code PR145); a clear walkable path at least 3-feet in width shall be provided around the perimeter and may not be obstructed by trees, plants, etc.

OCFA**

4.18 Prior to issuance of a precise grading permit or a building permit, if a grading permit is not required:

Precise fuel modification (service code PR124).

OCFA**

4.19 Prior to issuance of a building permit:

Architectural for Group A-2 (dining room) & A-3 (pool deck) Occupancies (service codes PR200-PR208) and for Group R-1 Occupancy (service code PR268) Tanks storing hazardous materials (service code PR300) if a generator will be installed Emergency responder radio system design approved by Orange County Sheriff’s Department; this submittal may be deferred when acceptable to the Building Department, but the required conduit must be installed prior to concealing interior construction.

Underground piping for private hydrants and fire sprinkler systems (service code PR470-PR475) OCFA**

4.20 Prior to concealing interior construction:

Fire alarm system (service code PR500-PR530)
Fire sprinkler system (service codes PR430-PR455).

Hood and duct extinguishing system (service code PR335) OCFA**

5.0 PRIOR TO FINAL INSPECTION
Engineering

5.1 Prior to acceptance of improvements by the City Engineer, the owner shall submit "as-built" plans prepared by a registered civil engineer for streets, traffic signals, street lights, sewer, water, storm drains, street signs, striping, traffic markings, painted curbs and all other required improvements. (SCMC Chapter 16.28) Public Works

5.2 The applicant shall demonstrate to the satisfaction of the City Engineer and City Maintenance Manager that all street improvements have been completed and accepted and that any damage to new or existing street right-of-way during construction has been repaired/replaced. (SCMC Title 12) Public Works
Landscaping

5.5 The applicant shall submit, and the City Planner shall approve, a letter from a registered landscape architect confirming that landscaping and irrigation have been installed in accordance with the approved plans.

Planning
Lighting

5.4 The applicant shall submit a photometric plan within the construction documents indicating compliance with the City’s Lighting standards (17.24.130), and a letter from the preparer of the lighting plans confirming that all lighting has been installed in accordance with the approved plans, and that the lighting conforms to all standards set forth in the Municipal Code and to the satisfaction of the City Planner.

Planning*
Surveys

5.8 Prior to approval to pour foundations, the applicant shall submit, and the City Planner and Building Official shall approve, a survey prepared by a registered civil engineer that is licensed to do surveying or a land surveyor confirming that the building foundations conform to the required setbacks as set forth on the approved plans.

Planning
Building

5.9 Prior to approval of the framing inspection, the applicant shall submit, and the City Planner and Building Official shall approve, a survey prepared by a registered civil engineer that is licensed to do surveying or a land surveyor confirming that the height of all structures conforms to the dimensions set forth on the approved plans.

Planning
Building
Architecture

5.10 All exterior details and materials shall be approved by the Planning Division as consistent with the approved project prior to installation.

Planning

5.11 Two-piece clay tile roofing shall be used with booster tiles on the edges and ridges and random mortar packing. The mortar shall be packed on 100 percent of the tiles in the first two rows of tiles and along any rake and ridgeline, and shall be packed on 25 percent of the tiles on the remaining field. Mortar packing shall serve as bird stops at the roof edges. The volume of mortar pack to achieve the appropriate thickness shall be equivalent to a 6-inch diameter sphere of mortar applied to each tile.

Planning

5.12 5.13
Stucco walls shall consist of ‘steel, hand trowel’ (no machine application), smooth Mission finish and slight undulations (applied during brown coat) and bull-nosed corners and edges, including archways (applied during lathe), with no control/expansion joints.

In the event the City elects to install public art, including but not limited to a mural, along the north and/or west wall of the project, the applicant shall enter into a license agreement with the City authorizing the installation, maintenance, and public display of such artwork.

Planning
Planning
**

5.14 Lumber-drop Inspection: After installation of required fire access roadways and hydrants, the applicant shall receive clearance from the OCFA prior to bringing combustible building materials on-site. Call OCFA Inspection Scheduling at 714-573-6150 with the Service Request number of the approved fire master plan at least five days in advance to schedule the lumber drop inspection.

OCFA**

5.16 Prior to occupancy:

Emergency responder radio system testing (service code PR928) OCFA**

5.17 Emergency Responder Digital Radio System: An emergency responder digital radio system shall be provided in this structure. Refer to CFC 510 and the OCC/OCFA DAS/BDA guidelines (available at ocfa.org) for requirements. Evidence of compliance with emergency responder digital radio system design and performance criteria shall be provided prior to occupancy.

OCFA**

5.18 5.19
Temporary/Final Occupancy Inspections: Prior to issuance of temporary or final certificate of occupancy, all OCFA inspections shall be completed to the satisfaction of the OCFA inspector and be in substantial compliance with codes and standards applicable to the project and commensurate with the type of occupancy (temporary or final) requested.

Vegetation Clearance Inspection/Release: The developer/builder shall implement those portions of the approved fuel modification plan determined to be necessary by the OCFA and confirmation of proper vegetation clearance shall be issued by the OCFA to the local building department prior to issuance of either building permits or bringing lumber or other combustible materials into the area, whichever comes first. Removal of undesirable species may meet this requirement or a separation of combustible vegetation for a minimum distance of 100 feet from the location of the structure and lumber stockpile may be acceptable. Call OCFA Inspection Scheduling at 714-573-6150 with the Service Request number of the approved fuel modification plan at least five days in advance to schedule the vegetation clearance inspection.

OCFA**
OCFA**

5.20 Fuel Modification Inspection for Occupancy: Prior to issuance of temporary or final certificate of occupancy, the fuel modification zones adjacent to structures must be installed, irrigated, and inspected. This includes physical installation of features identified in the approved precise fuel modification plan (including, but not limited to, plant establishment, thinning, irrigation, zone markers, access easements, etc). A written disclosure may be requested by the OCFA Inspector indicating that the homeowner is aware of the fuel modification zone on their land and that they are aware of the associated restrictions of the zone.

OCFA**

5.21 Fuel Modification Maintenance: The property owner is responsible for all maintenance of the fuel modification indefinitely in accordance with the approved fuel modification plans and recorded covenant. The property owner shall retain all approved fuel modification plans. As property is transferred, property owners shall disclose the location and regulations of fuel modification zones to the new property owners.

OCFA**

6.0 PRIOR TO RELEASE OF FINANCIAL SECURITY

6.1 All catch basins and/or storm drain inlets shall be stenciled/marked on either the top of the curb or the curb face adjacent to the inlet "NO DUMPING - DRAINS TO OCEAN.” All catch basins shall have filter basket inserts that capture litter and debris down to 5 mm in size. (SCMC Chapter 13.34) Utilities

6.7 The waste debris enclosure shall be of appropriate size to accommodate bins for recyclable materials, organic waste (food and landscape trimmings) and trash. For residential projects, all waste bins must be substantially hidden from view from any public street or alley. (SCMC Chapter 8.28) Utilities

6.8 6.11
All water and sewer systems, e.g. pump stations, generators, reservoirs, PRV's, etc., shall be fully tested, in the presence of a representative of the Utilities Department, to verify system performance in accordance with design specifications. (SCMC Section 13.24.120) Dechlorinated swimming pool discharges: Dechlorinated to a concentration of 0.1 ppm or less, pH adjusted and reoxygenated if necessary, and volumetrically and velocity controlled to prevent causing hydrologic conditions of concern in receiving waters. Swimming pool cleaning wastewater and filter backwash shall not be discharged to the municipal storm systems.

Saltwater pools are discouraged and if installed, may only be drained to a curb and gutter system connected back to the ocean.

Freshwater pool backwash from the filter system may be connected to the sanitary sewer through closed system piping. Backwash wastewater may be discharged to the sanitary sewer as long as it meets the following water quality criteria:

The pH is between 5 and 11.

All chemicals must be used in accordance with manufacturer specifications.

Containing no materials which will readily settle or cause an obstruction to flow in sewerage facilities.

No open aired sanitary sewer drains may be installed near the maintenance system, etc.

If there is a need to drain a freshwater pool, it is best to encourage pool water be discharged to the curb, gutter. However, it must meet the following water quality criteria:

The residual chlorine does not exceed 0.1 mg/L (parts per million).

The pH is between 6.5 and 8.5.

The water is free of any unusual coloration.

There is no discharge of filter media or acid cleaning wastes.

Pool water may also be drained to a landscape area or trucked and used for dust control off-site. (should be free of chlorine etc.) Utilities
Utilities**

7.0 OPERATIONAL CONDITIONS OF APPROVAL
Business License

7.1 A City Discharge Permit must be obtained prior to issuance of a business license or any discharge to the City sanitary sewer system. (SCMC Chapter 13.24) Utilities

7.2 If the project pertains to commercial, industrial or manufacturing use that may discharge high-strength commercial sewage to the City sanitary sewage system, with between five hundred one (501) and nine hundred (900) milligrams of BOD per liter, the applicant shall submit, and the Utilities Manager shall approve, plans that have been approved by the South Orange County Wastewater Authority (SOCWA) Pretreatment Inspector. Upon approval of design a City Discharge Permit must be obtained prior to issuance of a business license or any discharge to the City sanitary sewer system. (SCMC Chapter 13.24) Utilities
Businesses Selling Alcoholic Beverages

7.3 The sale of beer and wine/alcoholic beverages for on-site consumption shall be limited to the hours of 7:00 am to 10:00 pm for outdoor service and 7:00 am to 12:00 am (midnight) indoors.

Planning*

7.4 All employees shall receive Responsible Alcoholic Beverage Service training as offered through programs established by the Orange County Health Care Agency and Alcoholic Beverage Control of the State of California. Training shall be provided as soon as practical following the hire date of each employee. Evidence of such training shall be maintained on-site during business hours, and made available for inspection by any city official upon request. (SCMC Section 17.16.070) Code Comp

7.5 7.6

7.7 7.8

7.14 7.17
The service and consumption of alcoholic beverages shall only be permitted in conjunction with food service, with same foods prepared on site. The foods shall be available at all times that alcoholic beverages are being served.

A manager shall be on the premises at all times, and available to respond to issues raised by representatives from the Orange County Sheriff’s Department, Orange County Fire Authority, or City of San Clemente Code Compliance, during the hours of operation when alcohol service, live entertainment, and/or dancing are occurring.

These conditions of approval shall be posted in a conspicuous location clearly visible to employees to ensure they are informed of and adhere to requirements and policies for all operations of the business, including but not limited to any live entertainment, dancing activity, or alcohol service, when applicable.

Amplified Music
The applicant shall limit outdoor amplified music from 8:00 am to 10:00 pm for the property and all uses. Amplified music is authorized to be played indoors from 8:00 am to 12:00 am (midnight); however, after 10:00 pm to 12:00 am all exterior windows and doors shall remain closed. Additionally, the project must comply with the City’s Noise Ordinance. (Municipal Code Sections 8.48.070 and 8.48.050) Storm Water
The storm drain markers required pursuant to Condition of Approval 6.1 shall be maintained in good condition by the applicant.

Traffic and Circulation
The use of the site is dependent upon the parameters as established in the project’s approved Traffic Analysis & Operation Plans. In order to show that impacts to traffic and surrounding streets are negated and to address CEQA concerns, unless approved otherwise by the City Engineer, the use shall implement all measures of the Traffic Study & Parking Operation Plan to ensure that vehicles will not stack into the public right-of-way. If the City Engineer determines that the parking and drop off/pick up activities are negatively affecting the project site, adjacent properties, or the surrounding street network, the applicant shall submit an amendment to (DP25-324 & CUP25-329) with a plan to address the parking and/or traffic issues. Future changes in business licenses for this site may be subject to new CEQA review and additional discretionary review to ensure the impacts to the public right of-way and surrounding uses are mitigated.

Code Comp
Code Comp
Code Comp
Code
Comp**
Code
Comp
Public Works/
Planning **

7.18 In the event that vehicle stacking or other issues cause circulation and/or queueing/crowding onto the public streets, then the business owner will be required to meet with City staff and propose solutions for implementation including, but not limited to, increasing the number of staff, modifications to the parking management plan and operations, business model modifications, etc. As part of this condition, there shall be no staging or activities within the street and sidewalk right of way. Modification may include the addition of removable bollards or other such improvements to restrict traffic flow into the trash and delivery loading area, etc. (SCMC Chapter 12.20) Public Works**

7.19 No gates or vehicle prohibitive devices are allowed at the main garage entrance unless specifically approved by the City Planner and City Engineer.

Public Works**

7.20 The Applicant (including any property owners and managers, and their designees) shall ensure that discharge of washwater and other pollutants are 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. (SCMC Chapter 15.36) Public Works**

7.21 All landscaping and trees shall be maintained by the property owner. This includes any landscaping and trees within the public right of way or considered ‘street trees.’ Landscaping in the area immediately adjacent to the driveway exit shall be maintained to protect the vehicle line of sight of pedestrians on the public sidewalk (SCMC Chapter 15.36) Public Works**

7.22 Discharge of the swimming pool or similar wastewater into the municipal sewer or storm drain systems shall not be conducted unless the site operator gets approval from the City Utility Department. Discharge is subject to testing requirements per the latest adopted industry and state regulations.

Utilities**
Mitigation Measures
4-1
City staff shall require applicants for development permits to provide studies by qualified archaeologists assessing the cultural and historical significance of any known archaeological resources on or next to each respective development site; and assessing the sensitivity of sites for buried archaeological resources. On properties where resources are identified, or that are determined to be moderately to highly sensitive for buried archaeological resources, such studies shall provide a detailed mitigation plan, including a monitoring program and recovery and/or in situ preservation plan, based on the recommendations of a qualified cultural preservation expert. The mitigation plan shall include the following requirements:

An archaeologist shall be retained for the project and will be on call during grading and other significant ground-disturbing activities.

Should any cultural/scientific resources be discovered, no further grading shall occur in the area of the discovery until the Community Development Director concurs in writing that adequate provisions are in place to protect these resources.

Unanticipated discoveries shall be evaluated for significance by an Orange County Certified Professional Archaeologist. If significance criteria are met, then the project shall be required to perform data recovery, professional identification, radiocarbon dates as applicable, and other special studies; submit materials to the California State University Fullerton; and provide a comprehensive final report including appropriate records for the California Department of Parks and Recreation (Building, Structure, and Object Record; Archaeological Site Record; or District Record, as applicable).

Mitigation Measure
4-2
City staff shall require applicants for development permits to provide studies by qualified paleontologists assessing the sensitivity of sites for buried paleontological resources. On properties determined to be moderately to highly sensitive for paleontological resources, such studies shall provide a detailed mitigation plan, including a monitoring program and recovery and/or in situ preservation plan, based on the recommendations of a qualified paleontologist. The mitigation plan shall include the following requirements:

A paleontologist shall be retained for the project and will be on call during grading and other significant ground-disturbing activities.

Should any potentially significant fossil resources be discovered, no further grading shall occur in the area of the discovery until the Community Development Director concurs in writing that adequate provisions are in place to protect these resources.

Unanticipated discoveries shall be evaluated for significance by an Orange County Certified Professional Paleontologist. If significance criteria are met, then the project shall be required to perform data recovery, professional identification, radiocarbon dates as applicable, and other special studies; submit materials to the California State University Fullerton; and provide a comprehensive final report, including catalog with museum numbers.

Mitigation Measure

5.3-1
The City of San Clemente shall require applicants for public and private development projects that disturb vacant land to prepare a biological resources survey. The biological resources survey shall be conducted by a qualified biologist and submitted to the City’s Planning Department. The biological resources survey shall include, but not be limited to: Analysis of available literature and biological databases, such as the California Natural Diversity Database, to determine sensitive biological resources that have been reported historically from the proposed development project vicinity; review of current land use and land ownership within the proposed development project vicinity; Assessment and mapping of vegetation communities present within the proposed development project vicinity; and general assessment of potential jurisdictional areas, including wetlands and riparian habitats.

If the proposed development project site supports vegetation communities or mature trees that may provide habitat for special status plant or wildlife species, a focused habitat assessment shall be conducted by a qualified biologist to determine the potential for special status plant and/or animal species to occur within or adjacent to the proposed development project area.

If one or more special status species has the potential to occur within the proposed development project area, focused species surveys shall be conducted to determine the presence/absence of these species to adequately evaluate potential direct and/or indirect impacts to these species.

If construction activities are not initiated immediately after focused surveys have been completed, additional preconstruction special status species surveys may be required, in accordance with the California Endangered Species Act and Federal Endangered Species Act, to ensure impacts are avoided or minimized to the extent feasible. If preconstruction activities are required, a qualified biologist would perform these surveys as required for each special status species that is known to occur or has a potential to occur within or adjacent to the proposed development project area.

If sensitive biological resources, including mature trees or wildlife corridors, are identified within or adjacent to the proposed development project area, as outlined in the biological resources report, the construction limits shall be clearly flagged to ensure impacts to sensitive biological resources and the wildlife corridor are avoided or minimized, to the extent feasible. Prior to implementing construction activities, the City of San Clemente shall require applicants to contract with a qualified biologist to verify that the flagging clearly delineates the construction limits and sensitive resources to be avoided.

If sensitive biological resources are known to occur within or adjacent to the proposed development project area, as outlined in the biological resources report, the City of San Clemente shall require applicants to contract with a qualified biologist to develop and implement a project-specific contractor training program to educate project contractors on the sensitive biological resources within and adjacent to the proposed development project area and measures being implemented to avoid and/or minimize impacts to these species. Project Contractors shall be required to comply with the requirements of the program.

If sensitive biological resources are present within or adjacent to the proposed development project area and impacts may result from construction activities, as outlined in the biological resources report, the City may require that a developer retain a qualified biological monitor to be present during all or a portion of the construction activities to ensure impacts to the sensitive biological resources are avoided or minimized to the extent feasible. The specific biological monitoring requirements shall be determined on a project-by-project basis. The qualified biological monitor shall be approved by the City on a project-by-project basis based on applicable experience with the sensitive biological resources that may be impacted by the proposed development project activities.

Mitigation Measure

5.3-2
The City of San Clemente shall require applicants of public and private development projects that have the potential to affect listed species to obtain written authorization from the U.S. Fish and Wildlife Service that the grading or construction activity is in compliance with regulations on the “take” of the listed species that would directly or indirectly be impacted. Any mitigation requirements set forth by such agencies shall be incorporated into the project’s final design plans.

Mitigation Measure
10-1
Prior to the issuance of building permits for projects that involve a noise-sensitive use within the 65 dBA CNEL contour (i.e., areas in or above 65 dBA CNEL) along major roadways, freeways, and railroads, the project property owner/developers shall retain an acoustical engineer to conduct an acoustic analysis and identify, where appropriate, site design features (e.g., setbacks, berms, or sound walls), and/or required building acoustical improvements (e.g., sound transmission class rated windows, doors, and attic baffling) to ensure compliance with the City’s Noise Compatibility Criteria and the California State Building Code and California Noise Insulation Standards (Title 24 and 21 of the California Code of Regulations).

Mitigation Measure
10-2
Construction activities associated with new development that occurs near sensitive receptors shall be evaluated for potential noise impacts. Mitigation measures such as installation of temporary sound barriers for construction activities that occur adjacent to occupied noise-sensitive structures, equipping construction equipment with mufflers, and reducing nonessential idling of construction equipment to no more than five minutes shall be incorporated into the construction operations to reduce construction-related noise to the extent feasible.

Mitigation Measure
10-4
Individual projects that use vibration-intensive construction activities, such as pile drivers, jack hammers, and vibratory rollers, near sensitive receptors shall be evaluated for potential vibration impacts. If construction-related vibration is determined to be perceptible at vibration-sensitive uses (i.e., exceed the Federal Transit Administrations vibration annoyance criterion of 78 VdB), additional requirements, such as use of less-vibration-intensive equipment or construction techniques, shall be implemented during construction (e.g., drilled piles to eliminate use of vibration-intensive pile driver).

Mitigation Measure
BIO1
A focused habitat assessment for Crotch’s bumble bee shall be conducted by a qualified biologist to determine the potential for this species to occur within or adjacent to the proposed development project area. The habitat assessment shall conform to the requirements listed in the California Department of Fish and Wildlife’s (CDFW) 2023 “Survey Considerations for California Endangered Species Act (CESA) Candidate Bumble Bee Species” and shall be submitted to the CDFW prior to initiation of ground disturbing project activities. (Required by General Plan Mitigation Measure 5.3-1) Planning
**
BIO2
Because the biological resources report determined that coastal California gnatcatcher has a potential to be present within the proposed development project area, focused surveys conforming to the 1997 USFWS survey protocol will be required in order to adequately evaluate potential direct and/or indirect effects to this species. Because the City of San Clemente is not a participating jurisdiction under any Natural Community Conservation Plans/Habitat Conservation Plans, a total of either six surveys at least one week apart between March 15 and June 30 or a total of either nine surveys at least two weeks apart between July 1 and March 14 will be required. In addition, if the habitat assessment determines that suitable habitat is present on-site, focused surveys for Crotch’s bumble bee conforming to the 2023 survey protocol listed above may also be required. If so, at least three surveys spaced between two and four weeks apart between April and August will be necessary as described in the protocol. Bumble bee surveys will be required each year that project activities have not been completed, if suitable habitat remains on-site. If Crotch’s bumble bee survey results are positive, the applicant will consult with the CDFW to determine if an Incidental Take Permit would be required under CESA depending on the extent and usage of the site by the species. (Required by General Plan Mitigation Measure 5.3-1) Planning
**
BIO3
If construction activities are not initiated immediately after focused surveys have been completed, additional preconstruction coastal California gnatcatcher surveys may be required, in accordance with the Federal Endangered Species Act, to ensure impacts are avoided or minimized to the extent feasible. If preconstruction activities are required, a qualified biologist would perform these surveys as required for each special status species that is known to occur or has a potential to occur within or adjacent to the proposed development project area. These may be combined with nesting bird protections as required under the Migratory Bird Treaty Act and California Fish and Game Code. (Required per FESA, MBTA, and CFGC) Planning
**
BIO4
Because sensitive coastal sage scrub habitat is present in areas immediately adjacent to the proposed development project area, the construction limits shall be clearly flagged to ensure impacts to adjacent habitats are avoided or minimized, to the extent feasible. Prior to implementing construction activities, the City of San Clemente shall require the Applicant to contract with a qualified biologist to verify that the flagging clearly delineates the construction limits and sensitive resources to be avoided.

Planning
**
BIO5
Prior to the start of construction, a biologist must present a Worker Environmental Awareness Program (WEAP) to the construction crew and project team. The WEAP will be focused on special-status species that are known to occur on-site or in the surrounding area including coastal California gnatcatcher and other species listed in the biological resources report. The WEAP shall be presented to all new construction crew members prior to their first day of work on the project site, and a sign-in sheet of all attendees over time shall be kept for the project record.

Planning
**
BIO6
A qualified and approved biological monitor shall be present during all vegetation removal and preliminary ground disturbance on the project site to ensure that impacts to sensitive biological resources are minimized or avoided. The monitor shall have the authority to halt construction if sensitive biological resources are present on-site during construction, and will be responsible for implementing nesting bird protections in compliance with the Migratory Bird Treaty Act and California Fish and Game Code.

Planning
**
BIO7
The applicant shall consult with the USFWS to determine if an incidental take permit under Section 10 of the Endangered Species Act will be required for this project. With adequate protections in place including but not limited to biological monitoring and avoiding the coastal California gnatcatcher nesting season (February 15 through August 30), an incidental take permit may be avoidable. The USFWS will have the final authority to determine what avoidance measures or whether an incidental take permit will be required. (Required by General Plan Mitigation Measure 5.3-2) Planning
**
BIO8
To the greatest extent feasible, the Project will avoid construction activities during the peak nesting season (February 15 through September 15). If this time period cannot be avoided, nesting bird surveys shall be performed by a qualified avian biologist no more than 3 days prior to vegetation removal or ground-disturbing activities. Pre-construction surveys shall focus on both direct and indirect evidence of nesting, including nest locations and nesting behavior. The qualified avian biologist will make every effort to avoid potential nest predation as a result of survey and monitoring efforts. If active nests are found during the preconstruction nesting bird surveys, a qualified biologist shall establish an appropriate nest buffer to be marked on the ground. Nest buffers are species specific and shall be at least 300 feet for passerines and 500 feet for raptors. A smaller or larger buffer may be determined by the qualified biologist familiar with the nesting phenology of the nesting species and based on nest and buffer monitoring results. Construction activities may not occur inside the established buffers, which shall remain on-site until a qualified biologist determines the young have fledged or the nest is no longer active. (Migratory Bird Treaty Act (MBTA) and California Fish and Game Code (CFGC)) Planning
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CUL1
Archaeological Resources Inadvertent Discovery. In the event that any subsurface cultural resources are encountered during earth-moving activities, it is recommended that all work within 50 feet be halted until a qualified archaeologist can evaluate the findings and make recommendations. Prehistoric materials can include flaked-stone tools (e.g., projectile points, knives, choppers) or obsidian, chert, or quartzite toolmaking debris; culturally darkened soil (i.e., midden soil often containing heat-affected rock, ash, and charcoal, shellfish remains, and cultural materials); and stone milling equipment (e.g., mortars, pestles, handstones). Historical materials might include wood, stone, or concrete footings, walls, and other structural remains; debris-filled wells or privies; and deposits of wood, metal, glass, ceramics, and other refuse. The archaeologist may evaluate the find in accordance with federal, state, and local guidelines, including those set forth in the California Public Resources Code Section 21083.2, to assess the significance of the find and identify avoidance or other measures as appropriate. A qualified archaeologist must meet the Secretary of the Interior’s Professional Qualifications Standards for archaeology (required per General Plan Mitigation Measures 4-1) Planning
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CUL2
Human Remains Inadvertent Discovery. If human remains are found, those remains would require proper treatment in accordance with State of California Health and Safety Code Sections 7050.5-7055. Specifically, Health and Safety Code Section 7050.5 describes the requirements if any human remains are discovered during excavation of a site. As required by state law, the requirements and procedures set forth in Section 5097.98 of the California Public Resources Code would be implemented, including notification of the County coroner, notification of the Native American Heritage Commission, and consultation with the individual identified by the Native American Heritage Commission to be the “most likely descendant.” If human remains are found during excavation, excavation must stop in the vicinity of the find and any area that is reasonably suspected to overlie adjacent remains until the County coroner has been called out, and the remains have been investigated and appropriate recommendations have been made for the treatment and disposition of the remains. (Required per State of California Health and Safety Code Sections 7050.5-7055 and California Public Resources Code Section 5097.98) Planning
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GEO1
Paleontological Monitoring. Full-time paleontological monitoring is recommended during ground disturbance activities in undisturbed geologic contexts (i.e., bedrock and outcrops) that have the potential to contain significant paleontological resources. Ground disturbance refers to activities that would impact subsurface geologic deposits, such as grading, excavation, and boring. Activities taking place in current topsoil or within previously disturbed fill sediments, e.g., clearing, grubbing, pavement rehabilitation, do not require paleontological monitoring. Bedrock can occur at varying depths depending on the portion of the project area.

The City shall retain a Society of Vertebrate Paleontology (SVP) qualified paleontologist to provide or supervise a paleontological sensitivity training to all personnel planned to be involved with earth-moving activities, prior to grading or excavation in sedimentary rock material other than topsoil. The training session will focus on how to identify paleontological resources, such as fossils that may be encountered, and the procedures to follow if identified.

Prior to grading or excavation in sedimentary rock material other than topsoil, the City shall retain an SVP-qualified paleontologist to monitor or supervise the monitoring of these activities by an SVP-qualified paleontology monitor assigned by the SVP-qualified paleontologist. If fossils are discovered during grading at any depth, the paleontological monitor, in discussion with the SVP-qualified paleontologist, will notify the on-site construction supervisor, who shall redirect work away from the location of the discovery. The recommendations of the SVP-qualified paleontologist shall be implemented with respect to the evaluation and recovery of fossils, after which the on-site construction supervisor shall be notified and shall direct work to continue in the location of the fossil discovery.

If any paleontological resources are encountered at the project area during construction or the course of any ground-disturbance activities, all such activities within 100 feet of the find shall halt immediately. At this time, the Applicant shall notify the City and consult with the qualified paleontologist to assess the significance of the find. The assessment will follow SVP (2010) standards. If any find is determined to be significant, appropriate avoidance measures recommended by Michael Baker International and approved by the City must be followed unless avoidance is determined to be unnecessary or infeasible by the City. If avoidance is unnecessary or infeasible, other appropriate measures (e.g., data recovery, excavation) shall be instituted.

If the fossils are determined to be significant, then the SVP-qualified paleontologist shall prepare and implement a data recovery plan. The plan shall include, but not be limited to, the following measures:

The SVP-qualified paleontologist shall ensure that all significant fossils collected are cleaned, identified, catalogued, and permanently curated with an appropriate institution with a research interest in the materials as required by the SVP guidelines. The Cooper Lab in Santa Ana is a potential repository for this project area.

The SVP-qualified paleontologist shall ensure that specialty studies are completed, as appropriate, for any significant fossil collected.

The SVP-qualified paleontologist shall ensure that curation of fossils is completed in consultation with the City. A letter of acceptance from the curation institution shall be submitted to the City upon curation.

An SVP-qualified paleontologist is a professional with a graduate degree in paleontology, geology, or related field, with demonstrated experience in the vertebrate, invertebrate, or botanical paleontology of California, as well as at least one year of full-time professional experience or equivalent specialized training in paleontological research (i.e., the identification of fossil deposits, application of paleontological field and laboratory procedures and techniques, and curation of fossil specimens), and at least four months of supervised field and analytic experience in general North American paleontology. (Required per General Plan EIR Mitigation Measure 4-2, and General Plan Policies NR-3.01, NR-3.02, and NR-3.03) Planning
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NOI1
An audio limiter must be installed on the rooftop lounge sound system. It shall be programmed with a “nighttime” setting that reduces volume by at least 5dBA below the typical daytime operation. This setting shall be used from 10 p.m. until closing time. A Behringer DCX2496 or The Govnor SPL2.2 Sound Pressure Limiter, or its equivalent, shall be utilized. (Required per General Plan EIR Mitigation Measure 10-1 and Municipal Code Sections 8.48.070 and 8.48.050) Planning
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Resolution No. 26-56 Page 2 Attachment 1
Resolution No. 26-56 Page 22 Resolution No. 26-56 Page 23 Resolution No. 26-56 Page 23

San Clemente City CouncilMay 19, 2026

San Clemente City Council
May 19, 2026