Zoning administrator orders compliance steps for Buena Fraqueta after four‑month review; code enforcement patrols scheduled

San Clemente’s zoning administrator on Oct. 23 reviewed a four‑month monitoring report of Buena Fraqueta restaurant and directed a series of compliance and enforcement steps after staff found issues with outdoor storage and an instance of extra indoor seating.

Associate Planner David Curio summarized the staff review, noting the restaurant was originally approved under a minor conditional use permit that allows shared parking and beer‑and‑wine service. Staff reported one red‑curb parking ticket and one service call recorded by the Orange County Sheriff’s Department; the sheriff’s office also responded to a struck parked vehicle near the restaurant. Traffic engineering recommended no curb‑color changes at this time unless directed by a decision‑making body. Code enforcement counts found the restaurant exceeded indoor seating allowance on one night (Oct. 9); the approved limits are 32 indoor seats and 16 outdoor seats.

Owner Matteo Catanio said the restaurant will screen firewood and propane tanks with a vinyl enclosure screened by fabric and seek HOA approval for the design. Landlord Nick Buchanan and manager Joe Pergola said the restaurant is generally compliant and emphasized efforts to limit employee parking in residential areas and to enforce parking rules. Pergola said the parked‑vehicle incident was not a hit‑and‑run: “All parties remained on the scene and gave statements to the sheriff.”

Zoning Administrator Adam Matamian told the owner and property manager that staff will give the restaurant one month to remove or properly screen outdoor storage and to remove stacks of indoor chairs that are not part of the permitted seating configuration. If those items are not resolved within a month, code enforcement will begin issuing citations for violations. Matamian also directed code compliance to place the restaurant on a six‑month patrol list; if three documented seating violations (either notices of violation or citations) occur during that period, staff will refer the matter to the city council to consider additional action including potential permit amendments or revocation.

Matamian reiterated that the indoor limit of 32 seats and the outdoor limit of 16 seats must be maintained and that outdoor waiting chairs count toward the outdoor total; the two totals “shall never come together” as combined seating. He said staff and OCSD did not identify a public safety problem in traffic engineering or sheriff reports but that enforcement is governed by the permit’s conditions and by public complaints. The administrator encouraged continued compliance and noted city code enforcement is primarily complaint‑driven but will patrol the site under the direction given at this meeting.