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Zoning administrator approves 1‑foot setback reduction for triplex bathroom addition on West Kanata

March 06, 2026 | San Clemente City, Orange County, California


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Zoning administrator approves 1‑foot setback reduction for triplex bathroom addition on West Kanata
Zoning Administrator Adam Octaimi on March 5 adopted Resolution ZA26‑005 approving a minor exception permit to reduce a 5‑foot side‑yard setback by one foot for a bathroom and closet addition to Unit 1 of a triplex at 234 West Kanata and determined the project to be categorically exempt from CEQA.

Project planner Jessica Gattney told the hearing the first‑floor addition is located entirely under an existing second‑floor balcony and that, after analysis, staff found the balcony already exceeded the general encroachment limitation. Gattney said the proposed bathroom alone accounts for roughly 36.6% of the allowable side‑elevation encroachment (where the maximum is 40%). "Staff supports the minor exception permit because the project remains consistent with the residential medium zoning and maintains the existing residential use," she said.

An applicant who has worked on the building previously told the panel the proposed work is feasible and expressed willingness to alter posts or footings if necessary. Staff told the hearing a 1999 permit to replace the second‑story balcony had not been finalized, creating uncertainty about the balcony's legal status; staff asked the applicant to modify the balcony so the west elevation does not exceed the 40% (24‑foot) limit.

Octaimi said the lot and neighborhood context (narrow lots and multifamily pattern) supported the modest one‑foot reduction and added a condition to the approval requiring modification of the second‑story balcony unless the applicant can provide documentation establishing the deck's legality. He then moved staff recommendations to find the project CEQA‑exempt and adopt Resolution ZA26‑005. "At the end of that condition, state, unless the applicant can provide evidence or documentation to establish the legality of that deck," Octaimi said as he described the modified condition.

The decision is subject to the city's 10‑day appeal period and standard follow‑up on building permits and any required modifications to the balcony.

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