2007-065City of Encinitas
PLANNING & BUILDING DEPARTMENT
505 So. Vulcan Ave.
Encinitas, CA 92024
(760) 633-2710
NOTICE OF DECISION
PBD 2007-65
November 19, 2007
This letter is to inform you that the Planning & Building Director has approved your application
for:
07-131 EXT (Hughes) - The applicant requests approval of an extension of time for the
Tentative Parcel Map approved August 3, 2005, Notice of Decision No. PBD 2005-58,
Case No. 04-010 TPM, an application for a Tentative Parcel Map to subdivide the subject
property into two (2) parcels. The project site is located at 3740 Fortuna Ranch Road in
the Rural Residential (RR) zone. (APN 264-451-12)
Project Description and Discussion: The applicant requests approval of an Extension of Time
of the Tentative Parcel Map approved August 3, 2005, Notice of Decision No. PBD 2005-58,
Case No. 04-010 TPM, to subdivide the subject 6.73-acre property into two (2) parcels. The
project included annexation of the subject property into the City of Encinitas. Because of the
additional time needed to complete the annexation process through LAFCO, the applicant was
unable to complete the processing of the parcel map prior to the expiration of the original
approval.
Municipal Code Section 24.60.060B allows the Planning & Building Director to grant
extensions, not to exceed one year, of the expiration of a tentative parcel map, provided that
tentative parcel map and conditions of approval remain substantially unchanged from the
tentative parcel map as originally approved. The tentative parcel map and conditions of approval
will remain the same as originally approved and there is no need to alter or add conditions, attach
additional development fees, or alter map design or number of units. No changes in City policies
have occurred that would be in conflict with the project, and there are no changed circumstances
which would affect the development's consistency with the City's General Plan and Municipal
Code.
A standard public notice was issued for the project, which allowed for a 20-day comment and
review period. Staff received no comments.
This approval will extend the expiration date of the Tentative Parcel Map approved on August 3,
2005 by Notice of Decision No. PBD 2005-58, Case No. 04-010 TPM, by one year, to August 3,
2008. All conditions of approval of Notice of Decision No. PBD 2005-58, Case No. 04-010
TPM, shall remain in full force and effect. Section 24.60.060B provides that three (3) one- (1)
year extensions may be granted to any TPM. The project may apply for two (2) additional one-
(1) year extensions.
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This approval is based on the following findings:
FINDINGS FOR EXTENSION OF A TENTATIVE PARCEL MAP
STANDARD: Section 24.60.060B of the Municipal Code allows, upon application received
prior to the expiration of the tentative parcel map, the Planning & Building Director to grant
extensions not to exceed one year of the expiration of a tentative parcel map, provided that
tentative parcel map and conditions of approval remain substantially unchanged from the
tentative parcel map as originally approved. A need to alter or add conditions, attach additional
development fees, or alter map design or number of units shall be grounds for denial of the time
extension; the applicant may file for a new tentative parcel map review and approval.
Facts/Discussion: The applicant requests approval of an Extension of Time of the Tentative
Parcel Map approved August 3, 2005, Notice of Decision No. PBD 2005-58, Case No. 04-010
TPM, an application for a Tentative Parcel Map to subdivide the subject property into two (2)
parcels. The applicant requests additional time to complete the subdivision process due to the
additional time required to complete the annexation to the City of the subject property through
the LAFCO process. The applicant submitted the application for the extension on August 1,
2007, prior to the August 3, 2007 expiration date of the approval. No changes to the project are
proposed in conjunction with the proposed extension of time. No changes in City policy have
occurred that would conflict with the project. The tentative parcel map and conditions of
approval will remain the same as approved. This approval will extend the tentative parcel map
approval by one year, to August 3, 2008.
Conclusion: The Planning & Building Department finds that the extension request was filed within
the time period specified, and that no changes in the project have occurred that could be considered
grounds for denial
Environmental Status: Exempt from environmental review pursuant to Section 15315 of the
California Environmental Quality Act (CEQA) Guidelines, which exempts the division of
property from environmental review when the division conforms with the General Plan and
zoning, no variances or exceptions are required, all services and access to local standards is
available, the parcel was not involved in a division of a larger parcel within the previous 2 years,
and the average slope of the parcel is less than 20%.
This approval is subject to the following conditions:
SCl SPECIFIC CONDITIONS:
SCA This approval will extend the expiration date of the Tentative Parcel Map approved August
3, 2005, Notice of Decision No. PBD 2005-58, Case No. 04-010 TPM by one (1) year, to
August 3, 2008.
SCB This time extension is approved as submitted and evidenced by the application and
supplementary materials dated received by the City on August 3, 2007.
SCC All conditions of approval of Notice of Decision No. PBD 2005-58, Case No. 04-010 TPM,
shall remain in full force and effect except as specifically modified herein.
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SCD As per Section 24.60.060C of the Municipal Code and Section 66463.5 of the California
Government Code and in accordance with Chapter 1.12 of the Municipal Code, this
approval may be appealed to the City Council within 15 calendar days of the date of
approval.
G1 STANDARD CONDITIONS:
CONTACT THE PLANNING & BUILDING DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
G5 Approval of this request shall not waive compliance with any sections of the Municipal
Code and all other applicable City regulations in effect at the time of Building Permit
issuance unless specifically waived herein.
This notice constitutes a decision of the Planning & Building Department only. Additional permits,
including Building Permits, may be required by the Building Division or other City Departments. It
is the property owner's responsibility to obtain all necessary permits required for the type of project
proposed.
As per the provisions of Municipal Code Section 24.60.060C and Section 66463.5 of the California
Government Code and in accordance with Municipal Code Chapter 1.12, this decision may be
appealed to the City Council within fifteen (15) calendar days of the date of this determination. The
appeal must be filed, accompanied by the appropriate filing fee, prior to 5:00 p.m. on the 15th
calendar day following the date of this notice of decision.
If you have any questions regarding this determination, please contact Kerry Kusiak at the Planning
and Building Department by telephoning (760) 633-2719.
Patrick Murphy
Planning & Building Director
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