RESOLUTION NO. 25-34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 2018-137, ESPERANZA SUBDIVISION OF A SINGLE-FAMILY RESIDENTIAL LOT INTO THREE LOTS LOCATED AT 143 NORTH LA ESPERANZA WHEREAS, on August 21, 2018, the San Clemente City Council adopted Resolution No. 18-19 approving Tentative Parcel Map 2018-137 for 143 N. La Esperanza, which approval was considered null and void after 24 months given that no final parcel map was recorded; and WHEREAS, on September 19, 2024, an application was submitted by Richard Frei, 914 East Katella Avenue, Anaheim, CA 92805, on behalf of property owner Edward Sanchez, and deemed complete on January 10, 2025, for Tentative Parcel Map 2018-137 (PHP24-346), a request to subdivide one single-family residential lot into three lots. The project site is 143 North La Esperanza, adjacent to Interstate-5 at the north end of North La Esperanza, and within the Residential Lot-Density Zone (RL). The site’s legal description is Portion of Lots 10-13, Tract 898, and Assessor’s Parcel Number 057-095-01; and WHEREAS, the Planning Division has completed an initial environmental assessment of the above matter in accordance with the California Environmental Quality Act (CEQA) and recommended that the Planning Commission determine that the project is categorically exempt from CEQA pursuant to State CEQA Guidelines Section 15315 (Class 15: Minor Land Division) because the project falls within the minor land divisions exemption for subdivisions of four or fewer parcels; and WHEREAS, the City's Development Management Team (DMT) reviewed the proposed project and determined that it complies with the General Plan, Zoning Ordinance, and other applicable City ordinances and codes including the requirements for parcel maps identified in SCMC 16.08.030. The DMT supports this project as conditioned in Exhibit A of this Resolution; and WHEREAS, on February 5, 2025, the Planning Commission of the City of San Clemente held a duly noticed public hearing on the subject application, considered written and oral comments, and facts and evidence presented by the applicant, City staff, and other interested parties; and WHEREAS, on February 5, 2025, Planning Commission adopted Resolution PC25-002, recommending that the City Council approve the project with the required findings and Conditions of Approval in Exhibit A and determining that the project is categorically exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15315 (Class 15: Minor Land Divisions).
WHEREAS, on April 1, 2025, the City Council of the City of San Clemente held a duly noticed public hearing on the subject application, considered written and oral comments, and facts and evidence presented by the applicant, City staff, and any other interested parties.
NOW, THEREFORE, the City Council of the City of San Clemente does hereby find, determine and resolve as follows:
Section 1. Incorporation of Recitals.
The City Council hereby finds that all of the facts in the Recitals are true and correct and are incorporated and adopted as findings of the City Council as if fully set forth in this resolution.
Section 2. Tentative Parcel Map Findings
With respect to Tentative Parcel Map (TPM) 2018-137, the City Council finds as follows:
The site is physically suitable for the type of development in that:
The applicant has demonstrated that three lots may be developed in compliance with applicable provisions of the Municipal Code, including but not limited to setbacks, lot coverage, maximum height, landscaping, and parking; The subdivision complies with standards for minimum lot size, minimum street frontage, minimum lot width, and maximum density.
Public services and utilities can be proposed to the proposed parcels.
The site is physically suitable for the proposed density of the development, in that:
The applicant has demonstrated that the development of the three parcels can occur in a manner consistent with applicable provisions of the Municipal Code; The subdivision complies with standards for new parcels, including minimum lot size, minimum street frontage, minimum lot width, and maximum density of one per 6,000 square feet of lot area. Each parcel will contain more than 6,000 square feet.
Public services and utilities can be provided to the proposed parcels; and The subdivision is consistent with the development density established by the General Plan and the environmental impacts studied and mitigated by the Final Environmental Impact Report (FEIR) and Addendum No. 1, certified for the Centennial General Plan adopted in February 2014.
The design of the subdivision or the proposed improvement sis not likely to cause substantial environmental damage or substantially avoidably injure fish or wildlife or their habitat, in that:
The subdivision is consistent with the development density established by the General Plan and the environmental impacts studied and mitigated by the Final Environmental Impact Report (FEIR) and Addendum No. 1, certified for the Centennial General Plan adopted in February 2014. In terms of cumulative General Plan build-out and city-wide impacts, the project does not create new significant environmental impacts, or result in need to add or change mitigation measures beyond the impact analysis and mitigation in the FEIR. Additionally, the subdivision does not have significant impacts specific to the site and surrounding area.
The design of the subdivision or the type of improvements are not likely to cause serious public health problems, in that:
The subdivision complies with standards for minimum lot size, minimum street frontage, minimum lot width, and maximum density. The RL zoning district allows a maximum residential density of one unit per 6,000 square feet of the lot area. The subdivision of the site results in three lots for future development of three residences; and Public services and utilities can be provided to the proposed parcels.
The subdivision, with its provisions for design and improvements, is consistent with the General Plan, in that:
The project is limited to subdividing a property into three lots for future development of three single-family residences in the Residential Low Density (RL) land use designation. The intended use of the RL designation is single-family residential, and the proposed subdivision is consistent with this intent. The applicant has demonstrated that the sites can be developed in a manner consistent with applicable provisions of the municipal code. Compliance with city standards will be verified before grading or construction commences. The review will ensure the future land use are consistent with the Land Use Element Policy LU-1.04, Single-Family Residential Uses, “we require that single-family houses and site be designed to convey a high level of architectural and landscape quality in accordance with the Urban Design Element and Zoning Code…” and Land Use Element Polity LU-1.06, Residential Infill, “We require that new residential development be compatible with adjacent structures and land uses and we require: … b) use of complementary building materials, colors, and forms, while allowing flexibility for distinguished design solutions,” The subdivision complies with the maximum allowed density for the RL designation. The RL designation allowed a maximum residential density of one unit per 6,000 square feet of lot area. The site is approximately 21,504 square feet and the subdivision of the site results in three lots for future development of three residences; and The subdivision is consistent with the development density established by the General Plan and the environmental impacts studied and mitigated by the Final Environmental Impact Report (FEIR) and Addendum No. 1, certified for the Centennial General Plan adopted in February 2014.
The design of the subdivision type of improvements will not conflict with easements, acquired by the public at large, for access through or use if the property within the proposed subdivision. Easements are included at the rear of the site to ensure that there is adequate access and space to provide for drainage adjacent to the Interstate-5 sound wall. The development of the subdivision in the future will no restrict access to the easements, based on the location of the easements and the open lot area and setbacks provided through the implementation of zoning requirements in the review of future development plans.
Section 3. City Council Approval
Based on the foregoing recitals and findings, and the written and oral comments, facts, and evidence presented, the City of San Clemente City Council adopts this Resolution approving Tentative Parcel Map 2018-137, Esperanza Subdivision, subject to the Conditions of Approval set forth in Exhibit A.
Section 4. Certification.
The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED AND ADOPTED this _____ day of ____________________, _______.
ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §
CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 25-34 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, _________, by the following vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
CONDITIONS OF APPROVAL
PHP24-346 TPM2018-137
STANDARD CONDITIONS
1.0 GENERAL CONDITIONS OF APPROVAL
1.1 Within 30 days of approval of this application, the applicant shall submit to the City Planner a signed acknowledgement concurring with all conditions of approval on a form to be provided by the City. Failure to submit this acknowledgement may be grounds to revoke this approval.
Planning
1.2 1.3
1.4 The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City of San Clemente and its officers, employees, and agents from and against any claim, action, proceeding, fines, damages, expenses, and attorneys’ fees, against the City, its officers, employees, or agents to attack, set aside, void, or annul any approval or condition of approval of the City concerning this project, including but not limited to any approval or condition of approval of the City Council, Planning Commission, or City Planner, Zoning Administrator, or City employees or environmental finding. Applicant shall pay all costs upon request by the City. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and the City shall cooperate fully in the defense of the matter at the applicant’s expense. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter at the applicant’s cost. If the applicant fails to so defend the matter, the City shall have the right, at its own option, to do so and, if it does, the applicant shall promptly pay the City's full cost of the defense.
Use and development of this property shall be in substantial conformance with the approved plans, material boards and other applicable information submitted with this application, and with these conditions of approval. Any modifications to the project shall be reviewed by the City Planner in accordance with the Zoning Ordinance Section 17.12.180.
The applicant shall comply with all applicable current and future provisions of the San Clemente Municipal Code, adopted ordinances, and state laws.
Planning
Planning
All
1.5 Use of the subject property shall conform to all occupancy requirements, including posting of signs related to the maximum occupancy limitations.
All
1.6 1.7
1.8 TPM18-137 shall be deemed to have expired if within three years of approval the project is not commenced or the project permitted by the approved application has lapsed, as defined by Zoning Ordinance Section 17.12.150.
Within five business days of project approval, the applicant shall submit to the Planning Division a check made payable to the Orange County Clerk-Recorder in the amount of $50 for filing the CEQA Notice.
Within 2 years after the approval date of Tentative Parcel Map No. 2018-137, unless an extension is granted as provided in Section 16.12.100 of the Code of the City of San Clemente and Section 66452.6 of the Government Code of the State of California (Subdivision Map Act), the subdivider shall cause the subdivision, or any part thereof, to be surveyed, and a final map to be prepared and recorded in accordance with the tentative parcel map as approved. The final map shall be subject to pertinent requirements of the Subdivision Map Act and shall conform to the approved tentative tract/parcel map, City standards, and all other applicable approved plans, codes, ordinances, statutes and regulations.
Any failure to record a final parcel map within the time period specified, shall terminate all proceedings, and the approval or conditional approval of the tentative parcel map shall be null and void. Before a final parcel map may thereafter be recorded on the same parcel of land, a new tentative parcel map shall be filed and approved pursuant to SCMC 16.12.100 (A)(B).
Planning
Planning
Planning
2.0 PRIOR TO APPROVAL OF A FINAL MAP
2.2 Prior to recordation of the final map, the applicant shall submit to the City Engineer evidence that the County Surveyor has approved a digitized tract/parcel map pursuant to Orange County Ordinance No. 3809 dated January 28, 1991. The owner or designee shall pay for all costs of said digital submittals, including supplying digital copies to the City of the final, County Surveyor-approved digital map in DXF format.
Public Works
2.7 The applicant shall reimburse the City all costs associated with review of the project CC&Rs, Disclosure Statements, and any other applicable documents by the City Attorney’s Office. The owner shall also pay all applicable development and final map fees for each unit, which may include, but are not limited to, City Consultants review fees, park acquisition and development, water and sewer connection, drainage, and grading.
Planning Public Works
Easements
2.8 The final map shall depict the location of all easements for public sidewalk, open space, trails, water and sewer easements, storm drains and storm drain maintenance access, public street lights, utilities, reciprocal access, emergency access, slopes and slope maintenance, and landscaping. All drainage easements shall be a minimum of 15 feet. No drainage facilities accepted for dedication or maintenance by the City shall be located within slopes. (SCMC Section 16.28.030) Public Works
2.9 The applicant shall demonstrate to the satisfaction of the City Engineer that quitclaims in favor of the City have been obtained from all persons having any interest in existing rights of way for pipelines for the conveyance of water, and for all rights to all underground water. The right to all underground water, but without right of entry to the surface thereof, shall be conveyed to the City. No easements shall be granted nor recorded over any portion of the property shown on the submitted record map between the date the tentative map is approved by the Planning Commission and the date the final or record map is recorded by the County Recorder. (SCMC Section 13.04.500) Improvements
Public Works
3.10 The applicant shall submit, and the City Engineer shall approve, frontage improvement plans. The applicant shall be responsible for the construction of all required frontage improvements as approved by the City Engineer including but not limited to the following:
Sidewalk, including construction of compliant sidewalk around drive approach or other obstructions to meet current City standards (2% cross fall) when adequate right-of-way exists. Since the street right-of-way is approximately 5 feet behind the curb face, a sidewalk easement is anticipated to be required to be granted to the City. Said sidewalk easement shall be offered for dedications on the Final Parcel Map.
Per City Municipal Code Section 12.08.010 (A), when building permit valuations exceed $50,000, the owner or designee shall construct sidewalk along the property frontage, unless a waiver is obtained. (SCMC Chapter 15.36 and Sections 12.08.010, and 12.24.050) Public Works
4.0 PRIOR TO ISSUANCE OF BUILDING PERMITS
4.1 4.15
The working drawings shall include within the first four pages a list of all conditions of approval included in this resolution.
The new buyer/owner of the new parcels shall apply for a Development Permit prior to the issuance of a building permit pursuant to San Clemente Municipal Code Section 17.16.100 (SCMC 17.16.100).
Building
Planning
All Conditions of Approval are standard, unless indicated as follows:
Denotes a modified standard Condition of Approval.
Denotes a project specific Condition of Approval
Resolution No. 25-34 Page 3
Attachment 1
Resolution No. 25-24 Page 2
Exhibit A
Resolution No. 25-24 EXHIBIT A