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San Clemente zoning administrator approves front-yard pool and 5-foot fence on corner lot

2605329 · March 13, 2025
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Summary

Zoning Administrator Adam Matamian on March 6 approved a minor-exception permit allowing a 253-square-foot pool and a 60-inch fence to encroach into the front-yard setback on a 5,487-square-foot corner lot, finding the project categorically exempt under CEQA Guidelines §15303.

Zoning Administrator Adam Matamian approved a minor-exception permit on March 6, 2025, allowing a 253-square-foot pool and a 60-inch wood privacy fence to be located within the front-yard setback of a 5,487-square-foot corner lot in San Clemente. Matamian moved to determine the project categorically exempt under the California Environmental Quality Act and to adopt Resolution ZA25-003 approving Minor Exception Permit 24-164, subject to the conditions in the staff report.

Staff planner Pia described the project as a small pool and a 60-inch wood slat fence sited approximately 1 foot, 5 inches from the front property line. Staff found the encroachment complies with the minor-exception permit guideline limiting encroachment to no more than 60% of the building elevation and recommended a CEQA categorical exemption under CEQA Guidelines section 15303 (new construction of small structures). No members of the public spoke in opposition during the hearing.

Matamian said he had driven by the property and that, given the lot configuration and the lower elevation of the neighboring rear yard, the pool placement "makes a lot of sense." The property owner (identified in the record as the applicant) confirmed they purchased the house in 2023 and said outdoor features such as a barbecue currently visible on site would be removed.

Staff and the zoning administrator noted the proposal includes new landscaping in front of the proposed fence and that the fence height is below the six-foot maximum allowed in a front-yard setback. After asking procedural and factual questions on the plans and landscaping, Matamian moved to accept staff’s recommendation, adopt Resolution ZA25-003, and approve the minor-exception permit 24-164 with the attached conditions of approval. He then closed the public hearing on the item.

The approval allows the applicant to proceed with building-permit applications consistent with the conditions in the adopted resolution; the staff report and resolution contain the specific mitigation and construction conditions required for permit issuance.