2001-046CITY OF ENCINITAS
COMMUNITY DEVELOPMENT DEPARTMENT
505 So. Vulcan Ave.
Encinitas, CA 92024
(760) 633-2710
NOTICE OF DECISION
DCD 2001-46
May 8, 2001
This letter is to inform you that the Director of Community Development has approved your
application for:
01-050 TPM/CDP (Zaidle) - Tentative Parcel Map and Coastal Development Permit to
subdivide one existing lot into two lots. The subject property is located at 138 Grandview
Street within the R-11 Zone (APN 254-021-11).
Project Description and Discussion: The proposed project consists of the subdivision of a 12,250
square foot lot into two lots. The subject property is located within the R-11 zone.
The R-11 zone allows for a minimum net lot area of 3,950 square feet, and minimum lot dimensions
of 40 feet in width and 90 feet in depth. The proposed lots are consistent with the required lot area
and lot dimension requirements.
The project site is currently developed with a single-family residence. The existing residence is
located on Parcel 1 and the setbacks from the new property lines to the existing structure are
consistent with the required setbacks for the R-11 zone.
A 16-foot wide access easement is proposed along the west side of Parcel 1, which will provide
access to both parcels. Because the 16-foot wide access easement will provide access to two single-
family dwellings, both dwelling existing and new will need to be protected by a fire sprinkler
system.
The topography on the site slopes from west to east at an average 9% slope. No grading is proposed
on Parcel 1 where the existing residence is to remain. The applicant has indicated an area behind
the existing dwelling for a future carport. Development of the carport will be reviewed when
construction plans are submitted for plancheck.
The grading on Parcel 2 will create a building pad at an elevation of 70.3, which is 2 to 3 feet lower
than the grade on the west side of the parcel and 2 to 3 feet higher than the grade on the east side of
the parcel.
The applicant will be required to dedicate and improve 8 feet along the -project frontage for curb,
gutter and sidewalk on Grandview Street.
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The applicant has submitted service availability letters indicating that all required utilities and
services are available to serve the project site. The proposed subdivision complies with all
applicable zoning regulations, and the proposed lots provide adequate area for a single-family
dwelling on each lot.
A standard public notification was posted for the Tentative Parcel Map, which allowed for a 20-day
comment period. Several phone calls and letters were received from David Herskowitz, who has
concerns regarding the legality of the sale of the property to the current owner (applicant).
According to Mr. Herskowitz, he and a partner (Dee Felesky) attempted to purchase the property
and gave the previous property owner (Dvorak) a deposit while they went through escrow, which
was never returned when the escrow fell through. Mr. Herskowitz believes that because the deposit
was not returned that his previously attempted purchase of the property is still pending, and
therefore, there is a "cloud" on the Title of the property and the current owner's (applicant's)
purchase of the property is not legal.
The applicant has submitted a Grant Deed dated February 20, 2001 and a Title Report dated April
10, 2001, which verify that the applicant is the legal owner of the property. There is no evidence
that there is any conflict or "cloud on the Title" from the previous owner's failure to return Mr.
Herskowitz's deposit. Staff presented this issue to the City Attorney who determined that the issue
is a civil matter.
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 8.01-11.00 dwelling units per acre in the R-11
zoning designation. The project density (7.14 du/ac) is consistent with the allowable
density range of the R-11 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-11 zone. The proposed
parcels meet the development and design standards of the General Plan and Municipal
Code.
Conclusion: The Community Development Department finds that the design of the
subdivision complies with the provisions of the General Plan and Municipal Code.
That the site is not physically suitable for the type of development.
Discussion: The project will create a total of two residential lots. The parcels provide
adequate space for the development of single-family dwellings in compliance with all
applicable development standards for the R-11 zone.
Conclusion: The Community Development Department finds that the subject site is
physically suitable for two single-family dwellings.
4. That the site is not physically suitable for the proposed density of development.
Discussion: The project will result in two single-family dwellings, which equates to a
density of 7.14 dwelling units per acre. The R-11 zone allows for a maximum density of
11 dwelling units per acre. Therefore, the project complies with the required density for
the R-11 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 two single-family dwellings.
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 15315 of the CEQA Guidelines because the project consists of the
division of property into fewer than 5 parcels, no variances or exceptions are required, all
services and access to the proposed parcels are available, the site was not involved in a
division of a larger parcel within the previous 2 years, and the site does not have an
average slope greater than 20%. In addition, the project site is located in an urbanized
area and no aspect of the project would have a significant environmental impact.
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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.
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 be
conflicted with by 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:
1. 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.
3. 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.
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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 12,250.63 square foot lot into two lots
located within the R-11 zone, which allows for a minimum lot size of 3,950 square feet, and
minimum lot dimensions of 40 feet in width and 90 feet in depth. The two proposed lots are
consistent with the required standards.
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
15315 of the CEQA Guidelines, which exempts the division of property into fewer than 5 parcels
from environmental review.
This approval is subject to the following conditions:
SCI SPECIFIC CONDITIONS:
SC4 Approval of the Tentative Parcel Map and all associated permits will expire on May 8, 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 May 4, 2001, consisting of 1 sheet, titled Tentative Parcel
Map, designated as approved by the Community Development Director on May 8, 2001.
The approved Tentative Parcel Map shall not be altered without the express authorization of
the Community Development Department.
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.
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
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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.
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 A roof with a "Class A Rating" will be required for any new dwelling to the satisfaction
of the Fire Marshal.
FB The 16-foot wide access easement shall only serve Parcel 2 and Parcel 1 shall have a
separate access from Grandview Street. If both lots are accessed from the 16-foot wide
access easement then the dwellings on both lots (existing and new) shall be protected by
an approved fire sprinkler system.
FC The 16-foot wide access easement shall have a minimum flat paved width of 16 feet curb
face to curb face with 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.
F14 ADDRESS NUMBERS FOR STRUCTURES LOCATED OFF ROADWAY: Where
structures are located off a roadway on long driveways, a monument marker shall be
placed at the entrance where the driveway intersects the main roadway. Permanent
address numbers with height conforming to Fire Department standards shall be affixed to
this marker.
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E1 ENGINEERING CONDITIONS:
CONTACT THE ENGINEERING SERVICES DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITION(S):
EA Grandview Street is a Local Street with a 56-foot wide R-O-W. The developer shall
dedicate 8 feet along the property frontage for a centerline to property line width of 28 feet.
Standard type G Curb and Gutter and a 5-foot wide sidewalk shall be provided along the
property frontage to the satisfaction of the City Engineer.
EB Best Management Practice shall be utilized for storm water pollution control to the
satisfaction of the City Engineer. The surface runoff shall be directed over grass and
landscaped areas prior to collection and discharge onto the street and/or public storm
drain system.
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.
ED1 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.
ED3 A drainage system capable of handling and disposing of all surface water originating within
the subdivision, and all surface waters that may flow onto the subdivision 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.
ED5 The developer shall pay the current local drainage area fee prior to approval of the final map
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.
ES I Street Conditions
ES3 The developer shall make an offer of dedication to the City for all public streets and
easements required by these conditions. 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.
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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.
ES8 The design of all private streets and drainage systems shall be approved by the Engineering
Services Director prior to approval of the Final Map for this project. The structural section
of all private streets shall conform to City of Encinitas Standards based on R-value tests.
The standard improvement plan check deposit is required.
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 Bell, and
other applicable authorities.
EU4 All proposed utilities within the project shall be installed underground including existing
utilities unless exempt by the Municipal Code.
SAN DIEGUITO WATER DISTRICT CONDITIONS:
CONTACT THE SAN DIEGUITO WATER DISTRICT REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
WA The subject property is currently being served by a 5/8" water meter. Prior to map
recordation, the owner must submit a written agreement stating which lot will retain the
existing meter. Upon development, each parcel will be required to be individually
metered.
WB The District will require that water meters 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 owner/developer.
WE 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.
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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.
P
•
Sandra Holder
Community Development Director
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