2001-015CITY OF ENCINITAS
COMMUNITY DEVELOPMENT DEPARTMENT
505 So. Vulcan Ave.
Encinitas, CA 92024
(760) 633-2710
NOTICE OF DECISION
DCD 2001-15
March 5, 2001
This letter is to inform you that the Director of Community Development has approved your
application for:
00-272 TPM/CDP (Antt) - Tentative Parcel Map and Coastal Development Permit to
subdivide one existing legal lot into three lots. The subject property is located at 248
Hillcrest Drive within the R-8 Zone (APN 254-061-09).
Project Description and Discussion: The proposed project consists of the subdivision of a .61-
gross acre lot into three lots. The subject property is located within the R-8 zone.
The R-8 zone allows for a minimum net lot area of 5,400 square feet, and minimum lot dimensions
of 60 feet in width and 90 feet in depth. The applicant is requesting a waiver from the minimum lot
width requirement in order to avoid excessive grading and other undesirable conditions as discussed
below.
The project site is currently developed with a single-family residence and a guesthouse. The single-
family residence will remain on proposed Parcel 1. The guesthouse will be removed. The existing
driveway off of Hillcrest Drive, which currently provides access to the residence, will be removed.
A new driveway providing access to the existing residence/Parcel 1 will be constructed off of
Hygeia Avenue at the northeast corner of the property. Parcels 2 and 3 will be accessed off of
Hillcrest Drive by two separate driveways.
Hygeia Avenue is currently unimproved and unpaved. Because the project proposes to provide
access to Parcel 1 from Hygeia Avenue the developer is required to dedicate a centerline to right-of-
way width of 25 feet for Hygeia Avenue and provide 24 feet of pavement along the project frontage.
The developer is also required to dedicate a centerline to right-of-way width of 25 feet for Hillcrest
Drive along the project frontage. Hillcrest Drive currently has 22 feet of paving and no additional
paving will be required for this project. In addition, in response to the recent Community Character
Workshop for the Leucadia Area, no curb, gutter or sidewalk will be required on Hillcrest Drive or
Hygeia Avenue in order to maintain the existing community character. A 6-inch AC berm will be
required on Hygeia Avenue along the project frontage to safely direct drainage and avoid flooding
of adjacent properties.
With regard to the proposed lots and consistency with the development standards for the R8 zone,
each lot complies with the minimum lot area and lot depth requirements. As stated above, however,
the applicant is requesting a waiver from the minimum lot width requirement of 60 feet for Parcels 2
& 3, which are each proposed to be 56.02 feet in width.
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Section 24.01.180 of the Municipal Code states that in relation to a proposed subdivision the City
may modify City standards in particular cases if there are special circumstances or conditions
affecting the property, that the modification is necessary for the preservation and enjoyment of a
substantial property right, and that the modification will not be materially detrimental to the public
or other properties.
The special circumstance applicable to the project site is topography and existing lot dimensions.
To create 3 lots that all meet the minimum 60-foot lot width would require all three lots to be
accessed from Hygeia Avenue. However, this would result is several undesirable conditions.
Due to the existing topography, to design 3 lots that access from Hygeia Avenue and to direct the
drainage from the lots to the street will require 10-foot high slopes along the west side of the
property that would be visible from Hillcrest Drive. From a design and aesthetic standpoint, this is
not a preferable design. With the proposed subdivision design (two lots accessing from Hillcrest
Drive) the slopes are reduced to between 2 %2 and 3 foot high, which is considerably more preferable
to a 10-foot high slope.
In addition, parcel configurations with access from Hygeia Avenue would require a 10-foot utility
easement along the west property line in order to provide two sewer laterals and general utilities to
the middle and northern parcel. This would be an added encumbrance to all three parcels. With
Parcel 2 and 3 accessing from Hillcrest Drive only a 4-foot wide sewer easement would be
necessary to provide a sewer lateral to Parcel 1. The 4-foot wide easement would be located along
the west side of Parcel 2 only.
The proposed 56.02-foot lot widths for Parcels 2 & 3 will not be detrimental to the public welfare or
surrounding properties. In fact, the alternative of having all 3 lots access from Hygeia Avenue and
resulting in 10-foot high slopes would be aesthetically detrimental to the surrounding community
and would not be consistent with the existing community character. Therefore, staff has determined
that it is justified to modify the standard lot width for the R8 zone in this particular instance.
The grading involved with the project will require the removal of the majority of the existing trees
on the site, with the exception of those existing on Parcel 1. Staff requested that the applicant try to
save some of the trees, however, the applicant did not feel the trees were in a condition to save or
relocate. Many of the trees have split trunks. The applicant has agreed to install landscaping along
the east side of Parcel 2 and the front yards of Parcels 2 & 3. As a condition of this project
approval, the developer is required to provide a landscape plan for review and approval by the
Community Development Department prior to issuance of a grading permit. The landscaping to be
provided shall include the planting of trees along the east property line of Parcel 2 and the west
property line of Parcel 3.
A standard public notification was mailed for the Tentative Parcel Map, which allowed for a 20-day
comment period. Staff received several letters and phone calls from neighbors who expressed
concerns regarding the application.
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The primary concerns expressed by the neighbors dealt with traffic and the "blind" intersection of
Hillcrest Drive and Hygeia. Also, a couple neighbors stated that they did not want curbs, gutters or
sidewalks on Hillcrest or Hygeia. One neighbor stated that she would prefer that Hygeia not be
paved.
With regard to the intersection of Hillcrest Drive and Hygeia Avenue, the City Engineer visited the
site and determined that two existing hedges on the northeast and northwest corner block the line of
site at the intersection. As a condition of this project approval, the large hedge located on the
southeast corner of the site shall be removed. Also, the hedge/large bush located on the northeast
corner of Hygeia Avenue and Hillcrest Drive must be removed. The hedge on the northeast corner
of Hygeia and Hillcrest is not on the project site, however, it is located within the public right-of-
way and blocks the line of sight from vehicles traveling through that intersection. With the removal
of the two hedges, the visibility at the intersection will be improved.
With regard to the neighbors' preference to not have curb, gutter or sidewalk along Hillcrest or
Hygeia, as stated above, the developer will not be required to install such improvements. One of the
neighbors did not want Hygeia to be paved, however, for reasons of public health and safety the
developer is required to install 24 feet wide paving on Hygeia Avenue along the project frontage. A
6-inch berm will also be require to safely direct drainage runoff.
After receiving comments from the neighborhood, staff met with the applicant and requested that he
meet with those neighbors who expressed concerns. The applicant submitted a letter dated February
15, 2001, which states that the applicant met with the neighbors and discussed their concerns. The
letter stated that the neighbors indicated they would support the project.
FINDINGS FOR A TENTATIVE PARCEL MAP
STANDARD: Section 66474 of the California Government Code requires that the authorized
agency approve an application for a Tentative Map unless, based upon the information
presented in the application and during the Public Hearing, the authorized agency makes any
of the following findings of fact:
1. That the proposed map is not consistent with applicable general and specific plans as
specified in Section 65451 of the Subdivision Map Act.
Discussion: There is no applicable specific plan associated with the project site. The
General Plan allows a density range of 5.01-8.00 dwelling units per acre in the R-8
zoning designation. The project density is consistent with the allowable density range of
the R-8 zone.
Conclusion: The Community Development Department finds that the proposed map is
consistent with the General Plan.
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2. That the design or improvement of the proposed subdivision is not consistent with
applicable general and specific plans.
Discussion: Chapter 24.12 of the Municipal Code sets forth design standards for
subdivisions and Chapter 30.16 of the Municipal Code sets forth development standards,
such as lot width, depth and area requirements for the subject R-8 zone. The proposed
parcels comply with the minimum lot area and lot depth requirements. However, the
applicant is requesting a waiver from the minimum lot width requirement of 60 feet for
Parcels 2 & 3, which are each proposed to be 56.02 feet in width.
Section 24.01.180 of the Municipal Code states that in relation to a proposed subdivision the
City may modify City standards in particular cases if there are special circumstances or
conditions affecting the property, that the modification is necessary for the preservation and
enjoyment of a substantial property right, and that the modification will not be materially
detrimental to the public or other properties.
The special circumstance applicable to the project site is topography and existing lot
dimensions. To create 3 lots that all meet the minimum 60-foot lot width would require all
three lots to be accessed from Hygeia Avenue. However, this would result in several
undesirable conditions.
Due to the existing topography, to design 3 lots that access from Hygeia Avenue and to
direct the drainage from the lots to the street will require 10-foot high slopes along the west
side of the property that would be visible from Hillcrest Drive. From a design and aesthetic
standpoint, this is not a preferable design. With the proposed subdivision design (two lots
accessing from Hillcrest Drive) the slopes are reduced to between 2 '/2 and 3 foot high,
which is considerably more preferable to a 10-foot high slope.
In addition, parcel configurations with access from Hygeia Avenue would require a 10-foot
utility easement along the west property line in order to provide two sewer laterals and
general utilities to the middle and northern parcel. This would be an added encumbrance to
all three parcels. With Parcel 2 and 3 accessing from Hillcrest Drive only a 4-foot wide
sewer easement would be necessary to provide a sewer lateral to Parcel 1. The 4-foot wide
easement would be located along the west side of Parcel 2 only.
The proposed 56.02-foot lot widths for Parcels 2 & 3 will not be detrimental to the public
welfare or surrounding properties. In fact, the alternative of having all 3 lots access from
Hygeia Avenue and resulting in 10-foot high slopes would be aesthetically detrimental to
the surrounding community and would not be consistent with the existing community
character. Therefore, staff has determined that it is justified to modify the standard lot width
for the R8 zone in this particular instance.
Conclusion: The Community Development Department finds that the design of the
subdivision complies with the provisions of the General Plan and Municipal Code.
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3. That the site is not physically suitable for the type of development.
Discussion: The project will create a total of three residential lots. The parcels provide
adequate space for the development of single-family dwellings.
Conclusion: The Community Development Department finds that the subject site is
physically suitable for the development of three single-family dwellings.
4. That the site is not physically suitable for the proposed density of development.
Discussion: The project will result in three single-family dwellings, which equates to a
density of 4.91 dwelling units per acre. The R-8 zone allows for a maximum density of 8
dwelling units per acre. Therefore, the project complies with the required density for the
R-8 zone.
Conclusion: The Community Development Department finds that the proposed density
of development is consistent with the required density regulations and the site is
physically suitable for three single-family dwellings.
5. That the design of the subdivision and the proposed improvements are likely to cause
substantial environmental damage or substantially and avoidably injure fish or wildlife or
their habitat.
Discussion: The proposed Tentative Parcel Map is exempt from environmental review
pursuant to Section 15061(b)(3) of the CEQA Guidelines. In addition, the project site is
located in an urbanized area and no aspect of the project would have a significant
environmental impact.
Conclusion: The Community Development Department finds that the design of the
subdivision and the proposed improvements are not likely to cause substantial
environmental damage or substantially and avoidably injure fish or wildlife.
6. That the design of the subdivision or the type of improvements is likely to cause public
health problems.
Discussion: The applicant has obtained letters of service availability from the sanitation,
water and school districts and the fire department, which state that all services are available
to serve the project.
Conclusion: The Community Development Department finds that since all necessary
services can be provided for the subdivision, and since no other adverse health impacts
can be identified with the project, the subdivision is not likely to cause any adverse health
impacts.
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7. That the design of the subdivision or the type of improvements will conflict with easements,
acquired by the public at large, for access through, or use of property within, the proposed
subdivision.
Discussion: No easements have been identified on the subject property that would conflict
with the proposed improvements.
Conclusion: The Community Development Department finds that the proposed
subdivision will have no conflict with any easements for access through, or use of property
within, the proposed subdivision.
FINDINGS FOR A COASTAL DEVELOPMENT PERMIT
Coastal Development Permit - This approval is based upon the following findings as per
Municipal Code Section 30.80:
The project is consistent with the certified Local Coastal Program of the City of Encinitas;
2. The proposed development conforms with Public Resources Code 21000 and following in
that there are no feasible mitigation measures or feasible alternatives available which would
substantially lessen any significant adverse impact that the activity may have on the
environment.
For projects involving development between the sea or other body of water and the nearest
public road, approval shall include a specific finding that such development is in conformity
with the public access and public recreation policies of Section 30200 et. seq. of the Coastal
Act.
Facts: The City's General Plan and Municipal Code are applicable components of the City's Local
Coastal Plan. The project consists of the subdivision of a .61-gross acre lot into three lots located
within the R-8 zone. The proposed parcels are consistent with the applicable standards of the
Municipal Code.
Conclusion: The Community Development Department finds that the project is consistent with all
applicable components of the certified Local Coastal Program of the City of Encinitas. No aspect
of the project has been identified which could have an adverse impact on coastal resources or any
natural resources; therefore, required finding #2 is not applicable because no significant adverse
impact is associated with the project. Finding #3 is not applicable since the project does not
involve development between the sea or other body of water and the nearest public road and
therefore does not impact public access to coastal resources. The approval of this Coastal
Development Permit satisfies the requirements of the Encinitas Local Coastal Program.
Environmental Review: The project is exempt from environmental review pursuant to Section
15061 of the CEQA Guidelines.
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This approval is subject to the following conditions:
SC 1 SPECIFIC CONDITIONS:
SC4 Approval of the Tentative Parcel Map and all associated permits will expire on March 5,
2003 at 5:00 p.m., two years after the approval of this project, unless the conditions have
been met or an extension of time has been approved pursuant to the Municipal Code.
SC6 This project is conditionally approved as set forth on the application and project drawings
dated received by the City on November 14, 2000, consisting of 1 sheet, titled Tentative
Parcel Map, designated as approved by the Community Development Director on March 5,
2001. The approved Tentative Parcel Map shall not be altered without the express
authorization of the Community Development Department.
SCA The developer shall submit a landscape plan for review and approval by the Community
Development Department prior to issuance of a grading permit. The landscaping to be
provided shall include the planting of trees (15 gallon minimum) along the east property line
of Parcel 2 and the west property line of Parcel 3.
G1 STANDARD CONDITIONS:
CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITION(S):
M1 This approval may be appealed to the City Council within 10 calendar days from the date of
this approval pursuant to Chapter 1.12 of the Municipal Code.
M2 All project grading shall conform with the approved Tentative Parcel Map. In cases where
no grading is proposed at the time of the Tentative Parcel Map, or in cases where the
grading plan later submitted is not consistent with the approved Tentative Parcel Map, the
applicant shall be required to obtain a design review permit for grading prior to issuance of
grading permits.
M4 The property owner/developer shall obtain design review permits through the City for
homes to be constructed on the lots resulting from the approved map, as well as all related
site improvements. If the property owner/developer elects to develop the lots resulting from
the approved map as custom home sites, the design review permit requirement may be
waived by the Community Development Department pursuant to Section 23.08.030 (7) of
the Municipal Code. The property owner/developer is advised to contact the Community
Development Department at such time as development of the subject property is planned to
determine whether a design review permit will be required. A standard covenant specifying
this condition shall be recorded in the Office of the County Recorder to give constructive
notice to future purchasers of the site.
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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.
G13 The applicant shall pay development fees at the established rate. Such fees may include, but
not be limited to: Permit and Plan Checking Fees, Water and Sewer Service Fees, School
Fees, Traffic Mitigation Fees, Flood Control Mitigation Fees, Park Mitigation Fees, and Fire
Mitigation/Cost Recovery Fees. Arrangements to pay these fees shall be made prior to
Final Map approval to the satisfaction of the Community Development and Engineering
Services Departments. The applicant is advised to contact the' Community Development
Department regarding Park Mitigation Fees, the Engineering Services Department regarding
Flood Control and Traffic Fees, applicable School District(s) regarding School Fees, the Fire
Department regarding Fire Mitigation/Cost Recovery Fees, and the applicable Utility
Departments or Districts regarding Water and/or Sewer Fees.
F1 FIRE CONDITIONS:
CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITION(S):
FA Hygeia Avenue shall be improved to provide an unobstructed paved width of not less
than 24 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches.
F13 ADDRESS NUMBERS: Address numbers shall be placed in a location that will allow
them to be clearly visible from the street fronting the structure. The height of the address
numbers shall conform to Fire Department Standards.
E1 ENGINEERING CONDITIONS:
CONTACT THE ENGINEERING SERVICES DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITION(S):
EA Hygeia Avenue shall be dedicated by the developer along the subdivision frontage based on
a centerline to right-of-way width of 25 feet and in conformance with the City of Encinitas
Standards.
EB Hillcrest Drive shall be dedicated by the developer along the subdivision frontage based on a
centerline to right-of-way width of 25 feet and in conformance with the City of Encinitas
Standards.
EC Plans, specifications, and supporting documents for all improvements shall be prepared to
the satisfaction of the City Engineer. Prior to approval of the final map, the Subdivider shall
install, or agree to install and secure with appropriate security as provided by law,
improvements shown on the tentative map and the following improvements to City
Standards to the satisfaction of the City Engineer:
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Hygeia Avenue: Construction of improvements to consist of 24 feet of AC pavement
along the project frontage and a 6-inch AC berm on the east and west edges of
pavement.
On-site improvements as needed to fulfill a requirement for the implementation of Best
Management Practices for stormwater pollution control to the satisfaction of the City
Engineer.
To provide adequate sight visibility for traffic entering and exiting the project site, the
following vegetation shall be removed: 1) the existing hedge located within the public
right-of-way at the northeast corner of the intersection of Hygeia Avenue and Hillcrest
Drive; 2) the existing hedge(s) located along the southern property frontage; and 3)
along the west side of Hygeia Avenue, all vegetation over 4 feet high to a distance 100
feet north of Hillcrest Drive.
E2 All City Codes, regulations, and policies in effect at the time of building/grading permit issuance
shall apply.
EG1 Grading Conditions
EG2 No grading permits shall be issued for this subdivision prior to recordation of the final map,
or the City has deemed the final map technically correct.
EG3 The developer shall obtain a grading permit prior to the commencement of any clearing or
grading of the site.
EG4 The grading for this project is defined in Chapter 23.24 of the Encinitas Municipal Code.
Grading shall be performed under the observation of a civil engineer whose responsibility it
shall be to coordinate site inspection and testing to ensure compliance of the work with the
approved grading plan, submit required reports to the Engineering Services Director and
verify compliance with Chapter 23.24 of the Encinitas Municipal Code.
EG5 No grading shall occur outside the limits of the project unless a letter of permission is
obtained from the owners of the affected properties.
EG7 All newly created slopes within this project shall be no steeper than 2:1.
EG8 A soils/geological/hydraulic report (as applicable) shall be prepared by a qualified engineer
licensed by the State of California to perform such work. Such report shall be submitted and
approved: At first submittal of a grading plan.
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EG10 In accordance with Section 23.24.370 (A) of the Municipal Code, no grading permit shall be
issued for work occurring between October 1st of any year and April 15th of the following
year, unless the plans for such work include details of protective measures, including
desilting basins or other temporary drainage or control measures, or both, as may be deemed
necessary by the field inspector to protect the adjoining public and private property from
damage by erosion, flooding, or the deposition of mud or debris which may originate from
the site or result from such grading operations.
EDl Drainage Conditions
ED2 The developer shall exercise special care during the construction phase of this project to
prevent any offsite siltation. The developer shall provide erosion control measures and shall
construct temporary desiltation/detention basins of type, size and location as approved by
the Engineering Services Director. The basins and erosion control measures shall be shown
and specified on the grading plan and shall be constructed to the satisfaction of the
Engineering Services Director prior to the start of any other grading operations. Prior to the
removal of any basins or facilities so constructed the area served shall be protected by
additional drainage facilities, slope erosion control measures and other methods required or
approved by the Engineering Services Director. The developer shall maintain the temporary
basins and erosion control measures for a period of time satisfactory to the Engineering
Services Director and shall guarantee their maintenance and satisfactory performance
through cash deposit and bonding in amounts and types suitable to the Engineering Services
Director.
ED3A A drainage system capable of handling and disposing of all surface water originating within
the project site, and all surface water that may flow onto the project site from adjacent lands,
shall be required. Said drainage system shall include any easements and structures as
required by the Engineering Services Director to properly handle the drainage.
EDSA The developer shall pay the current local drainage area fee prior to approval of the
building permit for this project or shall construct drainage systems in conformance with
the Master Drainage Plan and City of Encinitas Standards as required by the Engineering
Services Director.
ED6 The owner of the subject property shall execute a hold harmless covenant regarding
drainage across the adjacent property prior to approval of the grading plan for this project.
ED7 Concentrated flows across driveways and/or sidewalks shall not be permitted.
ED8 The drainage system shall be designed to ensure that runoff resulting from a 100-year
frequency storm under developed conditions is equal to or less than the runoff from a storm
of the same frequency and duration under existing conditions. Both 6 hour and 24 hour
storm durations shall be analyzed to determine the detention basin capacities necessary to
accomplish the desired results.
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ES 1 Street Conditions
ES3 The developer shall make an offer of dedication to the City for all public streets and
easements required by these conditions or shown on the Tentative Map. The offer shall be
made by a certificate on the Final Map for this project. All land so offered shall be
granted to the City free and clear of all liens and encumbrances and without cost to the City.
Streets that are already public are not required to be rededicated.
ES5 Prior to any work being performed in the public right-of-way, a right-of-way construction
permit shall be obtained from the Engineering Services Director and appropriate fees paid,
in addition to any other permits required.
ES6 In accordance with Chapter 23.36 of the Municipal Code, the developer shall execute and
record a covenant with the County Recorder agreeing not to oppose the formation of an
assessment district to fund the installation of right-of-way improvements.
ES7 In accordance with Chapter 23.36 of the Municipal Code, the developer shall execute and
record a covenant with the County Recorder agreeing not to oppose the formation of an
assessment district to fund the undergrounding of utility facility improvements.
EU1 Utilities
EU2 The developer shall comply with all the rules, regulations and design requirements of the
respective utility agencies regarding services to the project.
EU3 The developer shall be responsible for coordination with S.D.G. & E., Pacific Telephone,
and other applicable authorities.
EU4 All proposed utilities within the project shall be installed underground including existing
utilities unless exempt by the Municipal Code.
EU5 The developer shall be responsible for the relocation and undergrounding of existing public
utilities, as required.
EU6 If private sewer will serve this development, then a maintenance agreement must be
executed before recordation of the Final Map.
EU7 The design of the division of land shall provide each cable operator an opportunity to
construct, install and maintain, on land identified on the map as dedicated to public utility
use, any equipment necessary to extend cable television services to each residential parcel in
the subdivision. This conditions shall not apply to the conversion of existing dwelling units
to condominiums, community apartments, or stock cooperatives.
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SAN DIEGUITO WATER DISTRICT CONDITIONS:
CONTACT THE SAN DIEGUITO WATER DISTRICT REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
The following San Dieguito Water District conditions apply to 00-272 TPM/CDP:
WA The subject property is currently being served by a 5/8" water meter. Upon development,
each parcel will be required to be individually metered. Prior to parcel map recordation, the
owner must submit a written statement indicating which lot will retain the existing meter.
WB Water meters must be located in front of the parcel they are serving and outside of any
existing or proposed traveled way. Cost of relocation is the responsibility of the developer.
WC If proposed road improvements affect water facilities, the owner, at his or her expense, shall
repair the water facility to the District's satisfaction.
WD The developer is required to comply with the District's fees, charges, rules and regulations.
In accordance with the provisions of Municipal Code Chapter 1. 12, this decision may be appealed
to the City Council within ten (10) calendar days of the date of this determination. The appeal must
be filed, accompanied by a $100.00 filing fee, prior to 4:00 p.m. on the 10th calendar day following
the date of this notice of decision. The action of the Community Development Director in reference
to the above item may not be appealed to the Coastal Commission.
This notice constitutes a decision of the Community Development Department only. Additional
permits, including Building Permits, may be required by the Building Department or other City
Departments. It is the property owner's responsibility to obtain all necessary permits required for
the type of project proposed.
If you have any questions regarding this determination, please contact Jennifer Coon at the
Community Development Department by telephoning (760) 633-2717.
l-e,--
Sandra Holder
Community Development Director
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