Submitted By: Public Works
Prepared By: Zak Ponsen, Assistant City Engineer
Dave Rebensdorf, Public Works Director/City Engineer
Subject:
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CONSIDERATION OF A RESOLUTION APPROVING FINAL PARCEL MAP 2025-109, 214 WEST MARIPOSA DUPLEX CONDOMINIUM SUBDIVISION
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Fiscal Impact:
None.
Summary:
214 Mariposa LLC, a California limited liability company and its managing member, Harold L. Alzate, the property owner and Subdivider of Final Parcel Map 2025-109, has submitted the Final Parcel Map for City Council approval. Staff has confirmed that the proposed Final Parcel Map is in conformance with the approved Tentative Parcel Map. Pursuant to the Subdivision Map Act, a legislative body shall not deny approval of a Final Parcel Map if it has previously approved a Tentative Parcel Map for the proposed subdivision and if it finds that the Final Parcel Map is in substantial compliance with the previously approved Tentative Parcel Map. Thus, while the Subdivision Map Act and San Clemente Municipal Code Chapter 16 require City Council action to approve the Final Parcel Map, that action is ministerial.
Background:
Parcel Map 2025-109 contains two residential condominium dwelling units on one 4,024 square-foot lot. The California Coastal Commission approved a Coastal Development Permit (5-25-0015-W) on March 19, 2025.
The Conditions, Covenants and Restrictions (CC&Rs) for the project have been reviewed and approved by the City Attorney. The City Engineer has reviewed and is satisfied with the quitclaims in favor of the City that the Subdivider 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 Subdivider has satisfied all other Conditions of Approval that are required prior to Final Parcel Map approval. The only remaining action for satisfying the Conditions of Approval is for the Subdivider to record the CC&Rs in a form acceptable to the City Attorney, which will be recorded immediately after the Final Parcel Map. Copies of the proposed Final Parcel Map and approved Tentative Parcel Map are available for review at City Hall in the Public Works, Engineering Division
Council Options:
• Adopt Resolution No. 25-155 (Attachment 1), approving Final Parcel Map 2025-109, accepting the water rights as dedicated.
• Modify and adopt Resolution 25-155.
• Continue the item and direct staff to provide additional information.
• Deny Resolution No. 25-155 until the CC&Rs have been finalized or pursuant to the provisions of the Subdivision Map Act and the City Municipal Code Chapter 16, Final Parcel Maps require City Council action for approval, denial, or modifications. Per Subdivision Map Act (Government Code section 66474.1), a legislative body shall not deny approval of a Final Parcel Map if it has previously approved a Tentative Parcel Map for the proposed subdivision and if it finds that the Final Parcel Map is in substantial compliance with the previously approved Tentative Parcel Map. The Tentative Parcel Map 2025-109 was approved by the Zoning Administrator on October 17, 2024 through Resolution ZA 24-019. See Attachment 2. Unless the City Council finds that the Final Parcel Map is not in substantial compliance with the previously approved Tentative Parcel Map, approving the Final Parcel Map is a ministerial action.
Environmental Review/Analysis:
This project was previously found Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15315 (Class 15: Minor Land Divisions) and 15301.k (Class 1: Existing Facilities) in connection with the approval of the Tentative Parcel Map. The approval of a Final Parcel Map is a ministerial action and not a “project” under CEQA.
Recommended Actions:
Staff Recommendation
recommendation
Staff recommends that the City Council approve Resolution No. 25-155, which would:
1. Approve the Final Parcel Map 2025-109 as it conforms to the requirements set forth in the Subdivision Map Act and the previously approved Tentative Parcel Map;
2. Accept on behalf of the City of San Clemente the water rights as dedicated;
3. Authorize and direct the Public Works Director/City Engineer to execute the Final Parcel Map; and
4. Authorize and direct the City Clerk to execute and submit the Final Parcel Map for recordation with the County of Orange Recorder’s Office.
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Attachment:
1. Final Parcel Map Resolution No. 25-155
2. Zoning Administrator Staff Report, dated October 17, 2024
Notification:
Bryce Bragger, beneficiary/representative
Harold L. Alzate, property owner