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HomeMy WebLinkAbout03 - 429 Orchid Parcel Map_PA2013-036COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION 3300 Newport Boulevard, Building C, Newport Beach, CA 92663 (949) 644 -3200 Fax: (949) 644 -3229 (1) www.newportbeachca.gov CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT March 28, 2013 Agenda Item # 3 SUBJECT: 429 Orchid Avenue Parcel Map - (PA2013 -036) • Tentative Parcel Map No. NP2013 -007 • County Tentative Parcel Map No. 2012 -151 APPLICANT: Michael Terry - Rimcrest Development, Inc. PLANNER: Kay Sims, Assistant Planner (949) 644 -3237 or ksims @newportbeachca.gov ZONING DISTRICT /GENERAL PLAN • Zone: R -2 (Two -Unit Residential) • General Plan: RT (Two -Unit Residential) PROJECT SUMMARY A parcel map application for two -unit condominium purposes. No waivers of Title 19 (Subdivisions) development standards are proposed with this application. The parcel map would allow each unit of the duplex, currently under construction, to be sold individually. The property was previously improved with a single -unit dwelling RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt Draft Zoning Administrator Resolution No. _ approving Tentative Parcel Map No. NP2013 -007 (Attachment No. ZA 1). DISCUSSION • A previously existing single -unit dwelling was demolished and a new duplex is currently under construction. 1 2 429 Orchid Avenue Parcel Map March 28, 2013 Page 2 • The property is designated for two -unit residential use by the General Plan and Zoning Code. The new duplex is consistent with this designation and a parcel map for condominiums does not change the use. • The parcel map approval will allow the units to be sold separately. • The new duplex conforms to all current Municipal Code requirements and the condominiums will meet all of the Title 19 standards. • Public improvements will be required of the Applicant per the Municipal Code and the Subdivision Map Act. ENVIRONMENTAL REVIEW The project qualifies for Class 15 (Minor Land Divisions) categorical exemption, Section 15315 of the California Environmental Quality Act because the Class 15 exemption allows the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels are available, the parcel was not involved in a division of a larger parcel within the previous two years, and the parcel does not have an average slope greater than 20 percent. The proposed parcel map is for condominium purposes and is consistent with all of the requirements of the Class 15 exemption. PUBLIC NOTICE Notice of this application was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights -of- way and waterways) including the applicant and posted on the subject property at least 10 days prior to the decision date, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. APPEAL PERIOD: An appeal may be filed with the Director of Community Development within ten (10) days following the date of action. For additional information on filing an appeal, contact the Planning Division at (949) 644 -3200. Tmplt:01 -30 -13 Prepared by: Kay Sims, Assistant Planner W:ua.P Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Tentative Parcel Map Tinplt:01 -30 -13 429 Orchid Avenue Parcel Map March 28, 2013 Page 3 4 Attachment No. ZA 1 Draft Resolution 5 0 RESOLUTION NO. ZA2013 -0 ## A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, APPROVING TENTATIVE PARCEL MAP NO. NP2013 -007 FOR A PARCEL MAP FOR TWO -UNIT CONDOMINIUM PURPOSES (PA2013 -036) THE ZONING ADMINSTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Michael Terry of Rimcrest Development, Inc., representing the property owner, Newport Beach Partnership, LLC, with respect to property located at 429 Orchid Avenue, and legally described as Lot 21 in Block 441 of Corona del Mar in the City of Newport Beach, County of Orange, State of California, as per map recorded in Book 3, Pages 41 and 42 of Miscellaneous Maps, in the Office of the County Recorder of said Orange County, requesting approval of a Tentative Parcel Map. 2. The applicant requests a tentative parcel map for two -unit condominium purposes. No exceptions to the Title 19 (Subdivision Code) development standards are proposed with this application. The code required two -car parking per unit will be provided. The property was previously developed with a single -unit dwelling that has been demolished and a new duplex is currently under construction. 3. The subject property is located within the Two -Unit Residential (R -2) Zoning District and the General Plan Land Use Element category is Two -Unit Residential (RT). 4. The subject property is not located within the Coastal Zone. 5. A public hearing was held on March 28, 2013, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. The project has been reviewed, and it qualifies for a categorical exemption pursuant to Section 15315 of the California Environmental Quality Act under Class Class 15 (Minor Land Divisions) of the Implementing Guidelines of the California Environmental Quality Act. 2. The Class 15 exemption allows the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels are available, the parcel was not involved in a division of a larger parcel within the previous two years, and the W Zoning Administrator Resolution No. ZA2013 -0 ## Page 2 of 10 parcel does not have an average slope greater than 20 percent. The proposed parcel map is for condominium purposes and is consistent with all of the requirements of the Class 15 exemption. SECTION 3. REQUIRED FINDINGS. The Zoning Administrator determined in this case that the proposed parcel map is consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code and is approved based on the following findings per Section 19.12.070 (Required Findings for Action on Tentative Maps) of Title 19: Finding A. That the proposed map and the design or improvements of the subdivision are consistent with the General Plan and any applicable specific plan, and with applicable provisions of the Subdivision Map Act and this Subdivision Code. Facts in Support of Finding 1. The proposed Parcel Map is for two -unit condominium purposes. A single -unit dwelling was demolished and is being replaced with a new duplex currently under construction. The proposed subdivision and improvements are consistent with the density of the R -2 Zoning District and the current General Plan Land Use Designation 'Two -Unit Residential'. Finding B. That the site is physically suitable for the type and density of development. Facts in Support of Finding 1. The lot is regular in shape, has a slope of less than 20 percent, and is suitable for two - unit development. Finding C. That the design of the subdivision or the proposed improvements will not cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat. However, notwithstanding the foregoing, the decision - making body may nevertheless approve such a subdivision if an environmental impact report was prepared for the project and a finding was made pursuant to Section 21081 of the California Environmental Quality Act that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report. Tmplt: 03/08111 N Zoning Administrator Resolution No. ZA2013 -0 ## Page 3 of 10 Facts in Support of Finding 1. This project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 15 (Minor Land Divisions) which allows the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels are available, the parcel was not involved in a division of a larger parcel within the previous two years, and the parcel does not have an average slope greater than 20 percent. The proposed parcel map is for condominium purposes and is consistent with all of the requirements of the Class 15 exemption. Finding D. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. Facts in Support of Finding 1. The proposed Parcel Map is for residential condominium purposes. All construction for the project will comply with all Building, Public Works, and Fire Codes, which are in place to prevent serious public health problems. Public improvements will be required of the developer per Section 19.28.010 (General Improvement Requirements) of the Municipal Code and Section 66411 (Local agencies to regulate and control design of subdivisions) of the Subdivision Map Act. All ordinances of the City and all Conditions of Approval will be complied with. Finding E. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. In this connection, the decision - making body may approve a map if it finds that alternate easements, for access or for use, will be provided and that these easements will be substantially equivalent to easements previously acquired by the public. This finding shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to the City Council to determine that the public at large has acquired easements for access through or use of property within a subdivision. Facts in Support of Finding 1. The design of the development will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development as there are no public easements that are located on the property. Tmplt: 03/08111 I Zoning Administrator Resolution No. ZA2013 -0 ## Page 4 of 10 Finding F. That, subject to the detailed provisions of Section 66474.4 of the Subdivision Map Act, if the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (Williamson Act), the resulting parcels following a subdivision of the land would not be too small to sustain their agricultural use or the subdivision will result in residential development incidental to the commercial agricultural use of the land. Facts in Support of Finding 1. The property is not subject to the Williamson Act since the subject property is not designated as an agricultural preserve and is less than 100 acres. Finding G. That, in the case of a "land project" as defined in Section 11000.5 of the California Business and Professions Code: (a) there is an adopted specific plan for the area to be included within the land project; and (b) the decision - making body finds that the proposed land project is consistent with the specific plan for the area. Facts in Support of Finding 1. The property is not a "land project" as defined in Section 11000.5 of the California Business and Professions Code. 2. The project is not located within a specific plan area. Finding H. That solar access and passive heating and cooling design requirements have been satisfied in accordance with Sections 66473.1 and 66475.3 of the Subdivision Map Act. Facts in Support of Finding 1. The proposed Parcel Map and improvements are subject to Title 24 of the California Building Code that requires new construction to meet minimum heating and cooling efficiency standards depending on location and climate. The Newport Beach Building Department enforces Title 24 compliance through the plan check and inspection process. Finding 1. That the subdivision is consistent with Section 66412.3 of the Subdivision Map Act and Section 65584 of the California Government Code regarding the City's share of the Tmplt: 03/08111 10 Zoning Administrator Resolution No. ZA2013 -0 ## Page 5 of 10 regional housing need and that it balances the housing needs of the region against the public service needs of the City's residents and available fiscal and environmental resources. Facts in Support of Finding 1. The residential density allowed for the site will remain the same, which allows two units in the R -2 Zoning District. Therefore, the parcel map for condominium purposes will not affect the City in meeting its regional housing need. Finding J. That the discharge of waste from the proposed subdivision into the existing sewer system will not result in a violation of existing requirements prescribed by the Regional Water Quality Control Board. Facts in Support of Finding 1. Wastewater discharge into the existing sewer system has been designed to comply with the Regional Water Quality Control Board (RWQCB) requirements. Finding K. For subdivisions lying partly or wholly within the Coastal Zone, that the subdivision conforms with the certified Local Coastal Program and, where applicable, with public access and recreation policies of Chapter Three of the Coastal Act. Facts in Support of Finding 1. The subject property is not located within the Coastal Zone. Finding L. That public improvements will be required of the Applicant per the Municipal Code and the Subdivision Map Act. Facts in Support of Finding 1. The project has been conditioned to require public improvements including the following: reconstruction of the existing broken or otherwise damaged sidewalks, curbs, and gutters along the Orchid Avenue and Second Avenue frontages, reconstruction of the damaged alley approach along Second Avenue, construction of a new driveway approach and 4- foot -wide sidewalk along Second Avenue, and construction of a new ADA compliant curb access ramp at the Orchid Avenue /Second Avenue curb return. Tmplt: 03/08111 11 Zoning Administrator Resolution No. ZA2013 -0 ## Page 6 of 10 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The Zoning Administrator of the City of Newport Beach hereby approves Parcel Map No. NP2013 -007, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 2. Tentative Parcel Map applications do not become effective until 10 days following the date of action. Prior to the effective date, the applicant or any interested party may appeal the decision of the Zoning Administrator to the Planning Commission by submitting a written appeal application to the Community Development Director. For additional information on filing an appeal, contact the Planning Division at (949) 644- 3200. PASSED, APPROVED, AND ADOPTED THIS 28TH DAY OF MARCH, 2013. so Tmplt: 03/08111 12 Zoning Administrator Resolution No. ZA2013 -0 ## Page 7 of 10 EXHIBIT "A" CONDITIONS OF APPROVAL 1. A parcel map shall be recorded. The Map shall be prepared on the California coordinate system (NAD88). Prior to recordation of the Map, the surveyor /engineer preparing the Map shall submit to the County Surveyor and the City of Newport Beach a digital - graphic file of said map in a manner described in Section 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. The Map to be submitted to the City of Newport Beach shall comply with the City's CADD Standards. Scanned images will not be accepted. 2. Prior to recordation of the parcel map, the surveyor /engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Sections 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments (one inch iron pipe with tag) shall be set On Each Lot Corner unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of construction project. 3. Prior to recordation of the parcel map, an in -lieu, park dedication fee shall be paid for the additional residential dwelling -unit constructed on the property. 4. Prior to recordation of the parcel map, an affordable housing fee shall be paid for the additional residential dwelling -unit constructed on the property. 5. All improvements shall be constructed as required by Ordinance and the Public Works Department. 6. Prior to recordation of the parcel map, the existing broken and /or otherwise damaged concrete sidewalk panels along the Orchid Avenue frontage shall be reconstructed. 7. Prior to recordation of the parcel map, the existing broken and /or otherwise damaged concrete curb and gutter along the Orchid Avenue and Second Avenue frontages shall be reconstructed. 8. Prior to recordation of the parcel map, the damaged alley approach along Second Avenue shall be reconstructed. 9. Prior to recordation of the parcel map, the existing driveway approach along Second Avenue shall be replaced with a new driveway plug per City Standards. 10. Prior to recordation of the parcel map, a new, minimum 4- foot -wide concrete sidewalk shall be constructed along the entire Second Avenue frontage per City Standard STD - 180-L. Upon construction of the new, concrete sidewalk, a new ADA compliant curb access ramp shall be constructed at the Orchid Avenue /Second Avenue curb return and the adjacent, damaged concrete gutter shall be reconstructed. Tmplt: 03/08111 2� Zoning Administrator Resolution No. ZA2013 -0 ## Page 8 of 10 11. All above ground improvements shall stay a minimum 5 -foot clear of the alley setback. 12. Orchid Avenue and Second Avenue are part of the City's Moratorium List. As such, additional surfacing requirements are applicable to work on said roadways per City Standard STD 105 -L -F. 13. Prior to recordation of the parcel map, all private, non - standard improvements within the public right -of -way and /or extensions of private, non - standard improvements into the public right -of -way fronting the development site shall be removed. 14. An encroachment permit is required for all work activities within the public right -of -way. 15. Prior to recordation of the parcel map, a Public Works Department encroachment permit inspection is required. At the time of Public Works Department inspection, if any of the existing public improvements surrounding the site is damaged, new concrete sidewalk, curb and gutter, and alley /street pavement will be required and 100 percent paid by the owner. Said determination and the extent of the repair work shall be made at the discretion of the Public Works Inspector. 16. Prior to recordation of the parcel map, new sod or low groundcovers of the type approved by the City throughout the Second Avenue parkway fronting the development site shall be installed. 17. Prior to recordation of the parcel map, the `Brazilian Pepper" tree at 429 Orchid Avenue and Second Avenue shall be removed and not replaced. There shall be no street fee assessed for this location because the Municipal Operations Department has determined that it is not viable for planting trees. 18. Prior to recordation of the parcel map, the two "Eucalyptus" trees along the Second Avenue frontage shall be removed. The payment of a street tree planting fee /inspection to the City shall be made or two 36 inch box "Magnolia Grandiflora Cultivars" shall be planted in place of the two "Eucalyptus" trees. 19. Prior to recordation of the parcel map, a 10 -foot radius corner cutoff at the corner of Orchid Avenue and Second Avenue curb return shall be dedicated to the City for street purposes. A Grant of Easement for Utilities and Street Purposes shall be submitted for City review and County of Orange recording. All drawings and exhibits submitted for said dedication purposes shall conform to the City's CADD Standards. Scanned images will not be accepted. The Public Works Department plan check approval will not be issued until said document has been submitted. The Certificate of Occupancy will not be issued until said Map has been recorded by the County of Orange. 20. All improvements shall comply with the City's sight distance requirement. See City Standard STD -110 -L and Municipal Code 20.30.130. 21. All on -site drainage shall comply with the latest City Water Quality requirements. Tmplt: 03/08111 14 Zoning Administrator Resolution No. ZA2013 -0 ## Page 9 of 10 22. An approved encroachment permit is required for all work activities within the public right -of -way. 23. Each unit shall be served by its individual water meter and sewer lateral and cleanout. Each water meter and sewer cleanout shall be installed with a traffic -grade box and cover. Water meter and the sewer cleanout shall be located within the Public right -of- way. 24. Each dwelling unit shall be served with individual gas and electrical service connection and shall maintain separate meters for the utilities. 25. Two -car parking, including one enclosed garage space, shall be provided on site for each dwelling unit per requirements of the Zoning Code. 26. In compliance with the requirements of Chapter 9.04, Section 505.1 (Premises Identification), of the Newport Beach Municipal Code, approved street numbers or addresses shall be placed on all new and existing buildings in such a location that is plainly visible and legible from the street or road fronting the subject property. Said numbers shall be of non - combustible materials, shall contrast with the background, and shall be either internally or externally illuminated to be visible at night. Numbers shall be no less than four inches in height with a one -inch wide stroke. The Planning Division Plan Check designee shall verify the installation of the approved street number or addresses during the plan check process for the new or remodeled structure. 27. Subsequent to recordation of the Parcel Map, the applicant shall apply for a building permit for a description change of the subject project development from "duplex" to "condominium." The development will not be condominiums until this permit is finaled. The building permit for the new construction shall not be finaled until after recordation of the Parcel Map. 28. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of the 429 Orchid Avenue Parcel Map including, but not limited to, Parcel Map No. NP2013 -007 (PA2013 -036). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and /or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount Tmplt: 03/08111 _T 5 Zoning Administrator Resolution No. ZA2013 -0 ## Page 10 of 10 owed to the City pursuant to the indemnification requirements prescribed in this condition. 29. This Parcel Map shall expire if the map has not been recorded within three years of the date of approval, unless an extension is granted by the Planning Director in accordance with the provisions of Section 19.16 of the Newport Beach Municipal Code. Tmplt: 03/08111 10 Attachment No. ZA 2 Vicinity Map 17 12 I 17,q Tentative Parcel Map No. NP2013-007 PA2013-036 429 Orchid Avenue 0 1-9 20 Attachment No. ZA 3 Tentative Parcel Map 21 22 SHEET 1 OF I SHEET TENTATIVE SCALE 1" = 30' FEBRUARY 8, 2013 PARCEL MAP NO. 2 IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA FOR CONODOMINIUM PURPOSES BEING A PROPOSED SUBDIVISION OF LOT 21 OF BLOCK 441 OF CORONA DEL MAR AS PER MAP RECORDED IN BOOK 3, PAGES 41 AND 42, INCLUSIVE, OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY. 5 J NOTES: ASSESSOR PARCEL NUMBER = APN 459- 212 -12 EXISTING ZONING = R -2 TWO UNIT RESIDENTIAL PROPOSED ZONING = R -2 TWO UNIT RESIDENTIAL SETBACKS: FRONT = 20' REAR = 5' SIDE = 3' HEIGHT = 24' FLAT ROOF HEIGHT = 29' SLOPE ROOF (3/12) SITE ADDRESS = 429 ORCHID AVENUE, CORONA DEL MAR, CA 92625 SITE AREA = 3,541 SQUARE FEET MORE OR LESS 2 STORY BUILDING IS CURRENTLY UNDER CONSTRUCTION. THIS SITE LIES WITHIN ZONE "X" OF FIRM FLOOD INSURANCE RATE MAP NO. 06059CO401J DATED DECEMBER 3, 2009. ZONE "X" IS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL FLOOD PLAIN. OWNER /SUBDIVIDER NEWPORT BEACH PARTNERSHIP, LLC, A CALIFORNIA LIMITED PARTNERSHIP. ATTENTION; MICHAEL TERRY 3419 VIA LIDO, SUITE 455 NEWPORT BEACH, CALIFORNIA 92663 TEL: 949 - 466 -0900 PREPARED BY; SOUTH COAST SURVEYING, INC 3214 CLAY STREET NEWPORT BEACH, CA 92663 MARK S. PETRIE PLS 6902 I L I SECOND AVENUE Ln N N i— N49'27'50 "W 300.05' (300.00' R1 (300.05' R2) 150.03' (150.00' R1) (150.03') �— 150.02' (150.00' R1) (150.02' R2) 25' 1 25' I N co I O Q NI O lit' 94 Q z W I O O M f'7 O Z 1 25' 1 25' �I 22 20 N49- 27'50 -W'" 1 g 1J PARCEL 1 118.02'6 (118.00' - N49 °27'50 "W s � N— J L — — — — — 25 � I N K N _ v N � O Ns Of o �l O O N O O �� 00 ko JJ o O M O _ T) O ( M CD Lc) ro r 1% r 13 \N J L > -12 a �I -10 N C) 7, 7, z °o 00 P,I\iL 1\10, 2013 -112, ;J.Ma 334/5 --a ;Jr1F;C�L 1 w n N M O I N Z � No 0 C) o � r-� I I° 0 I I I i� 150.04' (150.00' R1) (150.04' R2) N49 °27'50 "W — AL 1 y J PT1\1 7 N FlAF, C r L -1 0 Of P,imi 1\10. JJ�137, 00 0 D P,J�7L& 3- 1%/%9-50 v v W Lo Id- C-4 M O Z N 0 - CD CD 0 O 150.04' (150.00' R1) (150.04') — 300.08' (300.00' R1) (300.08' R2) ' I I I N 25' Ln O N o O N c0 W N ,> iJ I I Q x U w Lo N M O Z 25' 1 25' i L- r- 2s Items B, 1, 2, and 3: Additional Materials Comments on March 28, 2013 Zoning Administrator agenda - Jim Mosher Page 2 of 2 U 9 Goldenrod Avenue Parcel Map (PA2013 -009) esolution of Approval: a comments as in the previous item apply to Facts in Support of Finding F -2, G -2, 1 -1 e abse of Finding L. The comments on Conditions of Approval 3, 19, 26 and 28 in the us item also ly to the corresponding conditions here (3, 18, 25 and 27). egard to Finding , ' view of the recent California Supreme Court opinion in Pacific des Bowl Mobile Estate , LC v_ City of Los Angeles, 55 CalAth 783 (2012), 1 suspect onsistency with Coastal Act po' 'es can be determined only by application for a Coastal lopment Permit. The Court held tha r purposes of the Coastal Act, "Any subdivision under the Subdivision Map Act thus is, by defin' ' n, a species of change in the density or intensity of use of land and is a "development." Altho certain aspects of the Subdivision Map Act may be inapplicable or streamlined for condo projects ating four and fewer units, the draft Resolution strongly implies the Subdivision Map Act is applicab this project. In view of this, and since the City is not currently certified to make Coastal Act consi cy determinations, I think the Zoning Administrator should endeavor to inform the applicant of ther an application for a Coastal Development Permit is required, and if so, include that as a conditi f approval. Since the Coastal Act concerns are likely to be minor, this may well, as the Court obse s, re a ear the application needs to be m e. Item 3. 429 Orchid Avenue Parcel Map (PA201 In the dra e • The same comments as in Agenda Item 1 apply to Facts in Support of Finding G -2 and 1 -1 and to why Finding L is present. • The comments on Conditions of Approval 19 and 28 in Agenda Item 1 also apply to the corresponding conditions here (26 and 29). • It is not entirely clear why the Conditions of Approval related to fire sprinklers and smoke detectors that were included in the two previous agenda items, were omitted here. Perhaps because it is already under construction? Might those conditions still be needed in the event of a future reconstruction on the site, or are they merely echoing conditions already imposed by the Municipal Code? • The consistency of Conditions 17 and 18 with City Council Policy G -1 is not completely obvious. It is possible that further review and approval, for example by the Parks, Beaches and Recreation Commission, may be required for changes in street trees. • There are a couple of typos in Condition 18: "The payment of a street tree planting fee /inspection to the City shall be made er for two 36 inch box `Magnolia Grandiflora Cultivars" which shall be planted in place of the two "Eucalyptus" trees." • In Condition 27 does "finaling" a building permit mean certifying that construction was satisfactorily completed? If it means issuing the permit, the statement that "The building permit for the new construction shall not be finaled until after recordation of the Parcel Map" is difficult to reconcile with Fact A -1, which says that construction is already taking place.