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Zoning administrator continues review of Bona Fraqueta restaurant compliance; directs two-week follow-up

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Summary

The zoning administrator continued a 12-month compliance review of Bona Fraqueta at 1014 S. El Camino Real to allow the restaurant to remedy multiple conditions of approval, including seating and parking noncompliance noted by staff, and required updated documentation from the applicant.

San Clemente City Zoning Administrator Adam Octavia continued a 12-month review on May 22 of operations and conditions of approval for Bona Fraqueta, a restaurant at 1014 South El Camino Real, directing the applicant to provide documentation of compliance and ordering staff follow-up before a June 4 hearing.

The item stems from City Council Condition of Approval attached to Minor Conditional Use Permit 21-006, which required staff to report on the restaurant's compliance 12 months after opening. Staff reported the restaurant began operations on April 2, 2024, and that site visits on May 5, May 8 and May 10, 2025, found several areas of partial or noncompliance.

Project planner (James) summarized staff's findings: the upper-level garage was open and directional parking signage was posted, but staff observed indoor and outdoor seating exceeding the permit limits and storage of items in the outdoor dining area. The prior permit authorized 32 indoor seats and 16 outdoor seats; staff photographed the site and reported observing 52 indoor seats and 20 outdoor seats during visits.

Staff recommended the zoning administrator receive and file the report and directed staff to initiate a code-enforcement case for noncompliance, with options ranging from a notice of violation and cure deadline to immediate citation under Condition 7.6. The applicant and property owner representatives (including developer Nick Buchanan and restaurateur Matteo) said they are willing to cooperate and requested an opportunity to remedy noncompliance; they said the restaurant has been popular and that higher seat counts are partly a financial necessity.

Adam Octavia told the applicants and staff that the central compliance issue is seat counts because occupancy and restroom capacity are tied to building and plumbing code constraints and to the parking supplied for the project. Octavia said he did not want to initiate immediate citation proceedings at this time and instead continued the item for two weeks to allow the business to come into compliance.

Octavia directed staff to publish an updated memorandum and compliance matrix on May 30 reflecting today's discussion. He asked the applicant to provide any documentation relevant to the items listed as noncompliant or under investigation to staff by end of day Wednesday, May 28, and requested staff to perform another site visit on the following Thursday morning to confirm compliance. The hearing was continued to the Zoning Administrator meeting on June 4, 2025 at 3:00 p.m.

Adam Octavia summarized the decision with a clear instruction: "Right now, all I can say is not compliant." (Adam Octavia, zoning administrator) He then continued the matter to allow the applicant an opportunity to demonstrate compliance and to let staff gather and publish updated findings.

The record shows staff will prepare updated materials and the zoning administrator may consider enforcement (including referral to City Council or citation) if the applicant does not show compliance at the next hearing.