Zoning administrator limits short-term rentals at Duplex near Maxburg Park to one unit

San Clemente Zoning Administrator Adam Atamian approved a modified short-term rental permit on April 17, 2025, allowing one short-term rental unit (Unit B), one manager’s unit (Unit A) and one long-term rental (Unit C) at the property commonly referred to as 166 Avenida de Aragon. The decision followed extended public comment raising concerns about parking, privacy, proximity to Maxburg Plaza Park and school pedestrian traffic.

Staff project planner Araceli Mejia described the site as a legally nonconforming triplex that underwent major renovations beginning in 2021 and now functions as a duplex plus an accessory dwelling unit. Mejia and Principal Planner Zachary reviewed how the municipal code defines a “STAR” (short-term apartment rental) and explained there is room for interpretation when multiple units exist on a single legal parcel. Staff presented two resolution options — one allowing two STAR units and one allowing a single STAR — to give the zoning administrator discretion.

Owner-applicant Will Wyatt said he and his family purchased the property, remodeled it and rely on short-term rental income to make the investment feasible. Wyatt told the zoning administrator he installed an on-site tenant (Michelle Lopez) to serve as a year-round resident manager and that he had worked with staff through the permit process.

Neighbors voiced strong opposition during the public hearing. Speakers cited privacy impacts for houses directly behind the property, traffic and parking pressure near Maxburg Plaza Park, children walking to nearby Los Palmas Elementary School, and concerns about anonymous transient visitors. Several speakers also questioned online listings that advertised longer stays or different occupancy figures. Lisa (Luisa) Spinelli and other neighbors described lighting, noise, air-conditioning placement and trash storage as ongoing problems they asked the applicant to address.

After hearing public comment and reviewing code provisions and enforcement mechanisms, the zoning administrator said he had concerns about approving two STAR units given parking constraints and neighborhood safety concerns. He chose an intermediate outcome: adopt the staff alternate resolution (ZA25-007) with changes that authorize only one STAR unit in Unit B, designate Unit A as the on-site manager’s unit, and deny Unit C as a STAR with prejudice (the applicant cannot reapply for that unit’s STAR for at least one year). The zoning administrator added a condition requiring the garage doors for the unit identified in the record to be replaced with automatic roll-up doors prior to issuance of the STLU operating license/business license.

The zoning administrator explained that the denial with prejudice gives the applicant the option to appeal to the city council or seek a planning commission review if they wish to pursue two STAR units; staff noted that approval of one STAR would preclude any other STARs within 300 feet of the property under the municipal code. The decision is subject to the standard appeal period; staff will not issue the permit until the appeal period expires and any appeal is resolved.