MINUTES OF THE ADJOURNED MEETING
OF THE CITY OF SAN CLEMENTE
PLANNING COMMISSION
September 16, 2026 @ 5:00 p.m.
San Clemente City Hall Council Chamber
910 Calle Negocio, San Clemente, CA 92673
Teleconference via www.san-clemente.org
1. CALL TO ORDER
Chair Cosgrove called the adjourned Meeting of the Planning Commission of the City of San Clemente to order at 5:03 p.m. The meeting was offered in person at San Clemente City Hall Council Chambers, 910 Calle Negocio, San Clemente, California, 92673, and also via live stream from the City’s YouTube Channel.
2. PLEDGE OF ALLEGIANCE
Commissioner Griffin led the Pledge of Allegiance
3. ROLL CALL
Commissioners Present: Chair Cameron Cosgrove; Vice Chair M. Steven Camp; Chair Pro Tem Scott McKhann; Aaron Washington; Patrick Griffin; and Karen Prescott-Loeffler
Commissioners Absent: Brett Freeman
Staff Present: Zach Rehm, City Planner
Zachary Ponsen, Assistant City Engineer
Jessica Gatny, Associate Planner
Araceli Mejia, Assistant Planner
Laura Coury, Assistant Planner
Reese Miller, Planning Technician
Alexia Gruszczynski, Executive Analyst
Gena Burns, Deputy City Attorney
Tamara Tatich, Recording Secretary
These minutes reflect the order in which items appeared on the meeting agenda and do not necessarily reflect the order in which items were actually considered.
4. SPECIAL ORDER OF BUSINESS/SPECIAL PRESENTATION
None.
5. MINUTES
A. Receive and file Minutes from the Planning Commission Regular Meeting of September 2, 2026.
DRAFT
Planning Commission Adjourned Meeting Minutes of September 16, 2026 Page 2
IT WAS MOVED COMMISSIONER PRESCOTT-LOEFFLER, SECONDED VICE CHAIR CAMP, AND CARRIED 5-1, COMMISSIONER GRIFFIN ABSTAINED, COMMISSIONER
FREEMAN ABSENT, TO RECEIVE AND FILE THE MINUTES FROM THE REGULAR MEETING OF SEPTEMBER 2, 2026.
6. ORAL AND WRITTEN COMMUNICATIONS
None.
7. CONSENT CALENDAR
None.
8. PUBLIC HEARINGS
A. Public Hearing Project (PHP) 25-345, Cultural Heritage Permit (CHP) 26- 031, Munce Historic Residence, 122 E. Escalones
A public hearing for the Planning Commission to consider a request to rehabilitate a 909 sq. ft. red-tagged historic single-family residence and allow a 305 sq. ft. rear addition that connects the residence to a detached garage that would be rebuilt as a Junior ADU.
The Planning Commission will also consider whether the project is Categorically Exempt from the requirements of the CEQA pursuant to CEQA Guidelines §15301 (Class 1: Existing Facilities) and §15331 (Class 31: Historical Resource Restoration/Rehabilitation).
Chair Cosgrove noted that the public hearing remained open from the September 2, 2026 meeting. There were no applicant communications disclosed.
Associate Planner Gatny summarized a staff report. A copy can be requested by contacting the Planning Division. The staff report provided an overview of the proposed project; background including an emergency stabilization permit; character-defining features; the proposed plan that was reviewed by the Cultural Heritage Subcommittee, noting that the Junior ADU is not part of the application; elevations with examples of the materials; Secretary of Interior (SOI) Standards rehabilitation definition; Design Guidelines §IV.E. “Historically Significant Sites;” and staff recommendations.
Commissioner Questions:
• The ADU is connected to the existing structure, and yet the law states it is not to be reviewed.
• Staff confirmed that the as addition should be differentiated from the original construction through materials, design, or siting. The existing home and garage are separate.
• Jr. ADU is not a prominent view from the street.
DRAFT
Planning Commission Adjourned Meeting Minutes of September 16, 2026 Page 3 • Tapered columns will remain intact.
Applicant Presentation:
Ethan Ramberg, engineer on the project, introduced John Rice, a project partner, and gave an overview of the issues with the historical property and a resolution to preserve the structure. Physical 6” step back for the addition and ADU is to differentiate original structure from addition. Confirmed materials being used are same high-quality materials throughout.
Discussions with the Applicants:
• Conditions of Approval are amicable and agreed by applicant. • Jr. ADU will be fully serviced with utilities that won’t impact existing infrastructure.
Public Comment:
Larry Culbertson representing the San Clemente Historical Society expressed support of the project and acknowledged the efforts to rehabilitate a dilapidated structure. Mr. Culbertson expressed displeasure of the structure being allowed to become inhabitable.
Chair Cosgrove closed the public hearing.
IT WAS MOVED COMMISSIONER WASHINGTON, SECONDED CHAIR PRO TEM MCKHANN, AND CARRIED 6-0, COMMISSIONER FREEMAN ABSENT, TO
FIND THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO STATE CEQA GUIDELINES § 15303 (CLASS 3: NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES) AND §15331 (CLASS 31: HISTORICAL RESOURCE RESTORATION/REHABILITATION), AND TO ADOPT RESOLUTION PC26-040 APPROVING CULTURAL HERITAGE PERMIT 26-031, MUNCE HISTORIC RESIDENT, 122 E. ESCALONES, SUBJECT TO THE CONDITIONS OF APPROVAL.
B. Continued Public Hearing Project (PHP) 24-085, Minor Conditional Use Permit (MCUP) 24-104, Coastal Abode Outdoor Display, 228 Avenida Del Mar
A continued public hearing for the Planning Commission to consider a request for outdoor display areas on private property that supports a City designated historic structure.
The Planning Commission will also consider whether the project is Categorically Exempt from the requirements of the CEQA pursuant to CEQA Guidelines §15301 (Class 1: Existing Facilities), §15302 (Class 2: Replacement or DRAFT
Planning Commission Adjourned Meeting Minutes of September 16, 2026 Page 4 Reconstruction); §15305 (Class 5: Minor Alterations to Land Use Limitations), §15311 (Class 11: Accessory Structures).
Chair Cosgrove opened the public hearing. No applicant communications were disclosed.
Assistant Planner Coury summarized a staff report. A copy can be requested by contacting the Planning Division. The staff report provided an overview of the site location and zone; presented images from 2011, 2019 to more current images and uses over time; overview of timeline for compliance and parking requirement; described site constraints; site plan inclusive of areas for outdoor display; staff recommendations and onsite parking recommendations.
Commissioners Discussions with Staff:
• Clarification of the parking spaces in the front of the building. • The tenant currently utilizing 1,200 sq. ft. of the property for outdoor display .
• Photos were taken in early September and July of 2026 that depict the outdoor display both in front and back of the building. • Confirmed use of parking spaces for loading and unloading for retail items, and kept clear for adequate space to back-up and turn a vehicle to exit onto Del Mar facing oncoming traffic
• Staff clarified that the current requirement is to have three spaces. • There is a Condition of Approval regarding the parking area, which primarily reserves it for delivery unloading and loading.
Staff introduced the applicant Terry Murphy who explained the work involved to bring the property to its current state; stated that customers enjoy the property; that he cleared the front area and prefers the space remain open.
The Commission’s discussions with Mr. Murphy revealed that he is amicable with maintaining three useable parking spaces for customer parking and loading/unloading rather than display.
Public Comments:
Larry Culbertson representing the San Clemente Historical Society stated his desire for the structure to remain visible; opined that the displays are interesting; and expressed safety concerns with the delivery logistics.
Chair closed public hearing.
Commission Discussion:
• Concerns were stated regarding the loading area and that the space appears to be tight for parking, but it meets the technical measurements. • Opined with parking in demand along Avenida Del Mar, it is good that patrons have a place to park.
• It was clarified that parking is exclusive to property.
DRAFT
Planning Commission Adjourned Meeting Minutes of September 16, 2026 Page 5 • Supportive of using all the rear outdoor space for display and maintaining the existing parking areas in the front with minimal outdoor display.
IT WAS MOVED CHAIR COSGROVE, SECONDED CHAIR PRO TEM
MCKHANN, AND CARRIED 6-0, COMMISSIONER FREEMAN ABSENT, TO
DETERMINE THE PROJECT IS CATEGORICALLY EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO STATE CEQA GUIDELINES §15301 (CLASS 1: EXISTING FACILITIES), 15302 (CLASS 2: REPLACEMENT OR RECONSTRUCTION), 15305 (CLASS 5: MINOR LAND USE ALTERATIONS), AND 15311 (CLASS 11: ACCESSORY
STRUCTURES), AND ADOPT RESOLUTION PC26-035 APPROVING MINOR CONDITIONAL USE PERMIT 24-104, COASTAL ABODE OUTDOOR DISPLAY, 228 AVENIDA DEL MAR, SUBJECT TO THE CONDITIONS OF APPROVAL WITH A MODIFICATION TO THE FINAL TWO SENTENCES OF CONDITION 1.7 TO READ, “THE TOTAL AREAS OF OUTDOOR DISPLAY ITEMS IN THE REAR AND THE FRONT OF THE PROPERTY SHALL BE LIMITED TO 1,200 SQUARE FEET. ITEMS IN THE FRONT SETBACK ARE LIMITED TO 42-INCHES TO PRESERVE VIEWS OF THE HISTORIC STRUCTURE”
A Change in Agenda Order was moved by Chair Cosgrove and by unanimous consent of the Commissioners present, Item D was considered ahead of Item C.
C. Public Hearing Project (PHP) 26-336, Discretionary Sign Permit (DSP) 26- 342, Cultural Heritage Permit (CHP) 26-386, Signage Addition and Landscape Modification, 1700 N. El Camino Real
A request for the Planning Commission to approve the installation of a seven square foot sign on the Miramar Event Center façade; the reduction of street trees along North El Camino Real and Boca de la Playa; and replacement of the southeasternmost stairway at El Camino Real and Boca de La Playa with a concrete bench.
The Planning Commission will also consider appropriate findings under CEQA, including, but not limited to, whether the project is Categorically Exempt from the requirements of the CEQA pursuant to CEQA Guidelines §15311 Accessory Structures, Class 11 and §15301 Existing Facilities, Class 1.
Cosgrove opened the public hearing. No applicant communications were disclosed.
Assistant Planner Mejia summarized a staff report. A copy can be requested by contacting the Planning Division. The staff report provided an overview that included a background summary; a request for signage that was not inclusive of the original permit; the Development Standards; the proposed and existing signage; images of the existing signage with locations; and the additional sign image and location. The report continued with the landscape modification request to reduce the number of trees to address staff’s concern with the interference of oncoming street and pedestrian traffic’s line of sight; the addition DRAFT
Planning Commission Adjourned Meeting Minutes of September 16, 2026 Page 6 of a concrete bench to meet ADA codes and standards; and staff recommendation.
Staff introduced Yesenia Marroquin with Crisp Imaging as the applicant who stated the direction for the signage submittal is based on brand identity that is carried out through the font type style.
Ms. Marroquin introduced the landscape designer, Brad Swaggerty with Arctic’s Local Architects stated the two items being proposed are the reduction of palms and the fence with a bench that replaces the stairs. There were issues with the trees are they were too close to the corner and creating impacts to the line of sight. Also, it was discovered during construction the maximum rise and run of the stairs was neither ADA nor code compliant. The solution was to create a separation to not be a step off from the space and adding a bench provided some additional seating.
Public Comments:
Larry Culbertson, San Clemente Historical Society expressed his support of the signage and wording, and reducing the trees to address safety concerns. Mr.
Culbertson expressed concerns with approving non-compliant stairs, and requested the bench to be low as possible to maintain visual of the historic resource.
Applicant Response:
Mr. Swaggerty stated there were discrepancies in the grade for the site that resulted in the stairs design defect.
Chair Cosgrove closed the public hearing and discussion revealed they could make the Findings to support the project.
IT WAS MOVED CHAIR PRO TEM MCKHANN, SECONDED CHAIR
COSGROVE, AND CARRIED 6-0, COMMISSIONER FREEMAN ABSENT, TO
DETERMINE THE PROJECT IS CATEGORICALLY EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO STATE CEQA GUIDELINES §15301 (CLASS 1: EXISTING FACILITIES) AND §15311 (CLASS 11: ACCESSORY STRUCTURES), AND TO ADOPT
RESOLUTION PC26-037 APPROVING DISCRETIONARY SIGN PERMIT 26-342 AND CULTURAL HERITAGE PERMIT 26-386, MIRAMAR SIGNAGE AND LANDSCAPE MODIFICATION, 1700 N. EL CAMINO REAL, SUBJECT TO THE CONDITIONS OF APPROVAL.
D. Public Hearing Project (PHP) 26-022, Conditional Use Permit (CUP) 26-039, Minor Conditional Use Permit (MCUP) 26-391, Union Church, 110 Calle Iglesia
A public hearing for the Planning Commission to consider a request for an 8,200 square foot, one-story church with shared and offsite parking located in the Rancho San Clemente Business Park.
DRAFT
Planning Commission Adjourned Meeting Minutes of September 16, 2026 Page 7 The Planning Commission will also consider whether the project is Categorically Exempt from the requirements of the CEQA pursuant to CEQA Guidelines §15301 (Class 1: Existing Facilities).
Chair Cosgrove opened the public hearing. No applicant communications were disclosed.
Assistant Planner Mejia summarized a staff report. A copy can be requested by contacting the Planning Division. The staff report provided an overview of the property’s background; review of the church’s use and the need for a conditional use permit; parking requirements; shared and off-site parking opportunities; and staff recommendations.
Commission Discussions with Staff:
• Addressed the location of nearby Shoreline Church to the proposed Union Church, which it was determined was the opposite side of the business park. It is expected that most visitors would transit on La Pata and not Calle Del Cerro.
• Union Church is proposing a staggered service with the Shoreline Church schedule to not impact traffic or parking.
• Assistant City Engineer Ponsen advised that there is a Condition of Approval stating that staggering the times further and other measures can be implemented to remedy future impacts. People directing traffic is prohibited.
Staff introduced Rose Redlich, the applicant who introduced Pastor Aaron Newman with Union Church.
Applicant Comments:
Pastor Newman thanked staff and stated that shared parking is limited to 1,000 feet from the property, and that the agreements Union Church has in place are further away from any potential agreements with Shoreline Church. Pastor Newman stated that the churches are neighborly and in communication; acknowledged congregation members, staff and family in attendance; and stated the aim is to be a good neighbor in the business park.
Frank Barrera, the traffic engineer with H.W. Lochner was introduced and stated his firm reviewed traffic, queues, and noted that Shoreline Church traffic ceases well before Union Church traffic will commence. Field investigation results were favorable for the staggered service schedule as presented. The window of time for morning services was questioned by the Commission, and Mr. Barrera confirmed that the overlap is minimal. Staff confirmed that there are four parking agreements. Pastor Newman stated that they have volunteers to assist with parking and can retain a shuttle service if the distance to the parking areas is an issue.
DRAFT
Planning Commission Adjourned Meeting Minutes of September 16, 2026 Page 8 Public Comments:
Matt Banks, Associate Pastor at Union Church stated appreciation with the process. Raised family in San Clemente and is looking forward to serving the community.
Kathy Frohlich, resident and works in the business park shared that she is familiar with Shoreline Church and acknowledge that Shoreline is on the opposite side of the park. Most Union Church people will arrive on Del Cerro and exit La Pata.
Commission asked staff if there’s a condition to create flexibility in the service schedule. City Planner Rehm stated that Condition of Approval 4.14 directs Union Church to coordinate service schedules with Shoreline Church to maintain a staggered schedule. Condition 7.16 indicates that if any negative impacts are cited by the City Engineer, additional remedies will be determined and implemented. Assistant City Engineer Ponsen stated that Shoreline Church has a similar Condition of Approval.
Chair Cosgrove closed the public hearing.
Chair Cosgrove opined that staff should have discretion to work out growth impacts and allow additional services in the future so long as they are staggered with the other church.
IT WAS MOVED CHAIR PRO TEM MCKHANN, SECONDED COMMISSIONER GRIFFIN, AND CARRIED 6-0, COMMISSIONER FREEMAN ABSENT,
DETERMINE THE PROJECT IS CATEGORICALLY EXEMPT FROM THE
REQUIREMENTS OF THE CEQA PURSUANT TO CEQA GUIDELINES §15301 (CLASS 1: EXISTING FACILITIES), §15332 (CLASS 32: IN-FILL DEVELOPMENT), CEQA GUIDELINES §15183 (APPROVALS BASED ON EIR
FOR GENERAL PLAN, COMMUNITY PLAN, OR ZONING), AND EXEMPT PER PUBLIC RESOURCES CODE SECTION 21083.3, AND ADOPT RESOLUTION PC26-041, APPROVING CONDITIONAL USE PERMIT 26-039 AND MINOR CONDITIONAL USE PERMIT 26-391, UNION CHURCH, 110 CALLE IGLESIA,
SUBJECT TO THE CONDITIONS OF APPROVAL WITH A MODIFICATION TO CONDITION OF APPROVAL 4.14 TO STATE, “THE APPLICANT SHALL
COORDINATE WITH SHORELINE CHURCH ANY CHANGES IN THE SERVICE
SCHEDULE AND/OR PLANNED SPECIAL EVENTS, AND TO NOTIFY THE CITY
PLANNER AND/OR CITY ENGINEER OF THOSE CHANGES IN THE EVENT
THE CITY PLANNER OR CITY ENGINEER NEED TO MAKE ADJUSTMENTS TO THE SCHEDULES.”
E. Public Hearing Project (PHP) 26-335, Conditional Use Permit (CUP) 26-338, Avocado Head Spa, 401 S. El Camino Real
A public hearing for the Planning Commission to consider a request to allow a massage establishment to operate the northernmost commercial tenant space located in Presidio Plaza.
DRAFT
Planning Commission Adjourned Meeting Minutes of September 16, 2026 Page 9 The Planning Commission will also consider appropriate findings under CEQA, including, but not limited to, whether the project is Categorically Exempt from the requirements of the CEQA pursuant to CEQA Guidelines §15301 (Existing Facilities, Class 1).
Chair Cosgrove opened the public hearing. No applicant communications were disclosed.
Planning Technician Miller summarized a staff report. A copy can be requested by contacting the Planning Division. The staff report provided an overview inclusive of the project location; background summary; project description; proposed floor plan; analysis made by staff and agencies; parking study and parking table; and staff recommendations.
Applicant’s Comments:
Staff introduced the applicant Xiuju Wang’s husband, Daniel Alvarez who stated that they have been operating in San Diego for three years; Ms. Wang is a licensed therapist; and they are incorporating additional services while introducing head massage as a new service to the community.
Chair Cosgrove closed the public hearing.
Commissioner discussion:
• The parking study reveals a shortage in the shopping center based on the zoning code, but based on the parking study and observations, it is believed the business model shouldn’t have an impact.
• Acknowledged a letter from the landlord in support of the project and stated the tenant won’t intensify parking.
IT WAS MOVED VICE CHAIR CAMP, SECONDED COMMISSIONER GRIFFIN, AND CARRIED 6-0, COMMISSIONER FREEMAN ABSENT, TO DETERMINE THE PROJECT
IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO STATE CEQA GUIDELINES §15301 (CLASS 1:
EXISTING FACILITIES), AND TO ADOPT RESOLUTION PC-039 APPROVING CONDITIONAL USE PERMIT 26-338, AVOCADO HEAD SPA, 401 S. EL CAMINO REAL, SUBJECT TO THE CONDITIONS OF APPROVAL.
F. Continued Parklet Dining Permit (PDP) 26-292, Avila’s El Ranchito, 204 Avenida Del Mar, Suite A
A continued public hearing for the Planning Commission to consider a request for a Parklet Dining Permit application for a temporary patio in the street portion of the public right-of-way that deviates from the Parklet Design Standards.
The Planning Commission will also consider whether the project is Categorically Exempt from the requirements of the CEQA pursuant to CEQA Guidelines §15301 (Class 1: Existing Facilities), §15302 (Class 2: Replacement or DRAFT
Planning Commission Adjourned Meeting Minutes of September 16, 2026 Page 10 Reconstruction of Existing Structures Or Facilities), §15305 (Class 5: Minor Alterations), and §15311 (Accessory Structures).
Chair Cosgrove opened the public hearing. No applicant communications were disclosed.
Executive Analyst Gruszczynski summarized a staff report. A copy can be requested by contacting the Planning Division. The staff report provided an overview of the Parking Design Standards; nine proposed deviations to the standards; a site plan with a reduced size parklet that allows for the return of the ADA parking stall; graphics that showed removal of some palms; staff’s Condition of Approval 1.6; CEQA determination; and staff’s recommendations.
Commission Discussions with Staff:
• Public right-of-way and ADA issues appear to have been addressed in the new request.
• City Planner Rehm stated that the new code now requires a wider ADA parking stall that will be combined with a loading area, therefore the approved parklet design will need to be smaller than presented. City Planner Rehm explained the city has retained a consultant to assess ADA compliance citywide, and we need to be compliant with the current code when new projects are approved.
• The northern side of the parklet will remain the same even though it encroaches on the trolley passenger area.
• The parklet height was lowered 6” and new plant materials have been installed.
• Reviewed the Condition of Approval to accommodate ADA. • Assistant City Engineer Ponsen and City Planner Rehm both believe the trolley drivers can work with the existing plan.
Applicants Judy and Victor Avila stated that they have owned and are celebrating anniversaries for 25 years at Avila’s San Clemente and 60 years since the family business began; they have attempted to make the parklet work and understand the challenges of facilitating handicapped persons; the parklet will be small, which is why they are requesting approval of sidewalk seating through a separate application.
Questions to Applicant:
• Discussion of trolley using red curbed areas for passenger service and that the parklet was approved to be on a red curb because it was considered temporary at the time it was constructed during the pandemic. • Confirmed that there is still seating on the back patio in rear of building. • Mr. and Ms. Avila indicated that the current parklet design is based on a 16’6” distance from the adjacent parklet and that is as small as they can go without a loss of seating. City Planner Rehm and Assistant City Engineer Ponsen stated that they needed 17’ in order to be ADA compliant.
DRAFT
Planning Commission Adjourned Meeting Minutes of September 16, 2026 Page 11 Discussion with Staff and Applicant:
• It was confirmed that there have not been any complaints on the handicapped space.
• The consequences to not changing the parklet are unknown but it is recommended to comply with current ADA standards.
Chair Cosgrove closed the public meeting for Commissioner discussion:
• Codes change every four years.
• More concern with blocking sidewalk.
• Parklet and parking stall need to meet the code.
• There are no waivers even though it’s a temporary structure. • City-wide self-assessment and transition consultant has been hired. We need to share compliancy with Federal agencies. The city is making an effort to be compliant.
• Suggestion of waiting until the study is done to make the change to the parklet.
• Suggestion of shifting the parklet 6” to the left may remedy the size problem and allow the 17’ for the ADA stall.
City Planner Rehm stated that he and the City Engineer will measure the site during the process. Assistant City Engineer Ponsen stated that if we know we’re not compliant, we need to become compliant. Compliance is not a gray area.
IT WAS MOVED CHAIR PRO TEM MCKHANN, SECONDED COMMISSIONER PRESCOTT-LOEFFLER, AND CARRIED 6-0, COMMISSIONER FREEMAN ABSENT,
TO DETERMINE THE PROJECT IS CATEGORICALLY EXEMPT FROM THE REQUIREMENTS OF THE CEQA PURSUANT TO CEQA GUIDELINES §15301 (CLASS 1: EXISTING FACILITIES), §15302 (CLASS 2: REPLACEMENT OR RECONSTRUCTION OF EXISTING STRUCTURES OR FACILITIES), §15305 (CLASS 5: MINOR ALTERATIONS), AND §15311 (ACCESSORY STRUCTURES), AND TO ADOPT RESOLUTION PC26-025, APPROVING PARKLET DINING PERMIT 26-292, AVILA’S EL RANCHITO PARKLET, 204 AVENIDA DEL MAR, SUBJECT TO THE CONDITIONS OF APPROVAL WITH THE FOLLOWING MODIFICATIONS:
• CONDITION 1.6: SPECIFY THAT THE ADA SPACE SHALL BE 17’ WIDE; • CONDITION 4.2: SPECIFY STAFF REVIEW AND APPROVAL TO EITHER MOVE PARKLET 6” CLOSER TO THE TROLLEY STOP OR REMOVE A 6” PORTION ON EDGE ADJACENT TO THE ADA STALL.
G. Public Hearing Project (PHP) 26-388, Minor Conditional Use Permit (MCUP) 26-389, Avila’s El Ranchito Sidewalk Seating, 204 Avenida Del Mar, Suite A
A public hearing for the Planning Commission to consider a request for a Minor Conditional Use Permit for up to 16 outdoor seats within the sidewalk portion of the public right-of-way.
The Planning Commission will also consider whether the project is Categorically Exempt from the requirements of the CEQA pursuant to CEQA Guidelines DRAFT
Planning Commission Adjourned Meeting Minutes of September 16, 2026 Page 12 §15301 (Class 1: Existing Facilities), §15305 (Class 5: Minor Alterations), and §15311 (Accessory Structures).
Chair Cosgrove opened the public hearing. No applicant communications were disclosed.
Executive Analyst Gruszczynski summarized a staff report. A copy can be requested by contacting the Planning Division. The staff report provided an overview of the project’s zoning; the proposed deviations from the design standards; the updated site plan; ABC fencing requirements; Staff’s Conditions of Approval (COA) 1.7; site photos; COA 7.3; COA 7.4; CEQA determination; and staff recommendations.
Questions and Discussions with Staff:
• The only other location with a fenced perimeter is Artifex to allow additional seating, albeit bonus seating without a monthly fee. • Unless the Resolution states otherwise, a MCUP would be a permanent permit for that property.
• The unpermitted wood box was built around the tree by the applicant during covid to prevent patrons from tripping and to provide additional seating.
• Other obstructions in the public right-of-way along the sidewalk prevent free-flow access and direct pedestrian traffic to walk along the inside of the sidewalk that is the required five feet width for pedestrian traffic. • Assistant City Engineer Ponsen provided dimensions of area impacted by the proposed MCUP that indicates the unique width of the sidewalk (bulbed out) will prevent other businesses being permitted for a similar MCUP.
Applicant Comments:
Mr. Avila advised that this is second parklet they’ve constructed to be in compliance; that the boxes built during covid directed pedestrians to walk around the tree and not trip on the tree well; the pedestrian traffic is not affecting the site plan; and there have been no complaints or ABC violations.
Discussions with staff and the applicant to redesign the proposed enclosure concluded with extending the western edge closest to the storefront even with the inner edge of the tree well and in front of the buildings column to provide some additional square footage lost on the street portion of the parklet to accommodate the 17’ ADA parking stall. It was further determined that the fence was to be installed surrounding the space to prevent patrons from encroaching further than authorized into the public right-of-way, and leaving the narrowest northern portion of the dining area, not the parklet, to remain open with no gate or fencing to allow server and patron access.
Chair Cosgrove closed the public meeting.
DRAFT
Planning Commission Adjourned Meeting Minutes of September 16, 2026 Page 13 Commission discussion focused on:
• Allowing a dining area that is concurrent with the parklet permit to avoid a permit in perpetuity and give a future Commission the discretion when the parklets are removed.
• The unpermitted tree box and obstacles in the pedestrian right-of-way. • Debate on private use on a public sidewalk regardless of the increased pedestrian space at the intersection.
• An active Code Enforcement case that instigated the proposed MCUP area for outdoor dining.
• The importance of having a railing or fence surrounding the area with a northern edge opening on the sidewalk portion of the space.
IT WAS MOVED CHAIR COSGROVE, SECONDED COMMISSIONER PRESCOTTLOEFFER, AND CARRIED 5-1, CHAIR PRO TEM MCKHANN OPPOSED,
COMMISSIONER FREEMAN ABSENT, TO DETERMINE THE PROJECT IS
CATEGORICALLY EXEMPT FROM THE REQUIREMENTS OF THE CEQA PURSUANT TO CEQA GUIDELINES §15301 (CLASS 1: EXISTING FACILITIES), §15305 (CLASS 5:
MINOR ALTERATIONS), AND §15311 (ACCESSORY STRUCTURES), AND TO ADOPT RESOLUTION PC26-388, APPROVING MINOR CONDITIONAL USE PERMIT 26-389, AVILA’S EL RANCHITO SIDEWALK SEATING, 204 AVENIDA DEL MAR,
SUITE A, SUBJECT TO THE CONDITIONS OF APPROVAL WITH THE FOLLOWING MODIFICATIONS:
• REVISE CONDITION 1.6: ISSUE AN ENCROACHMENT PERMIT ALLOWING
THE WEST FENCELINE PARALLEL TO THE BUILDING TO EXTEND NO
FURTHER THAN THE EDGE OF THE TREE WELL THAT IS TO BE
DETERMINED BY THE CITY PLANNER AND/OR CITY ENGINEER.
• REVISE CONDITION 1.7: STATE A GATE IS NOT REQUIRED ON THE NORTH SIDE OF THE SEATING AREA.
• NEW CONDITION 7.17: MINOR CONDITIONAL USE PERMIT (MCUP) 26-389
SHALL TERMINATE UPON THE CONCLUSION OF THE TEMPORARY
PARKLET DINING PROGRAM.
• DELETE CONDITION 7.6
9. NEW BUSINESS
None.
10. OLD BUSINESS
None.
11. REPORTS OF COMMISSIONERS AND STAFF
A. Commissioner Reports
None.
DRAFT
Planning Commission Adjourned Meeting Minutes of September 16, 2026 Page 14 B. Tentative Future Agenda
Written report provided.
C. Administrative Permit Report
Written report provided.
D. Staff Reports:
City Planner Rehm presented a report that included images of the new approved parklets and the aesthetic improvements along Avenida Del Mar; upcoming training opportunities; and the October Planning Commission meeting schedule.
12. ADJOURNMENT
The Planning Commission adjourned at 9:33 p.m. to the Special Study Session of the Planning Commission scheduled for Wednesday, October 7, 2026 at 4:00 p.m., followed by the Regular Planning Commission Meeting at 6:00 p.m., and will be held at the San Clemente City Hall Council Chambers located at 910 Calle Negocio, 2 nd Floor, San Clemente, California.
Respectfully submitted,
___________________________
Cameron Cosgrove, Chair
Attest:
___________________________
Zach Rehm, Secretary to the
DRAFT
Planning Commission