2000-093City of Encinitas
COMMUNITY DEVELOPMENT DEPARTMENT
505 So. Vulcan Ave.
Encinitas, CA 92024
(760) 633-2710
NOTICE OF DECISION
DCD 2000-093
October 3, 2000
This letter is to inform you that the Director of Community Development has approved your
application for:
00-088 TPM (Hodges) - Tentative Parcel Map application for the consolidation of three
existing parcels into one legal lot and a request to remove conditions for offsite road
improvements from a previously approved Tentative Parcel Map application. This property
is located at the end of Jackie Lane in the RR2 zone. (APNs: 264-160-53, -54, -56)
Project Description and Discussion: The project consists of the consolidation of parcels 2 and 3 of
Parcel Map No. 17006 (91-042 TPM) and APN 264-160-56. The applicant also requests the
removal of conditions of approval for offsite road improvements from previously approved Case
No. 91-042 TPM. The resulting lot after consolidation will be 2.08 acres. The RR2 Zone requires a
minimum lot area of 21,500 square feet and minimum lot dimensions of 100 feet in width and 150
feet in depth. The proposed lot dimensions are consistent with required standards. The proposed
residential density after the lot consolidation will be 0.47 units per acre. Maximum density for the
subject RR2 Zone is 2.0 dwelling units per acre, therefore, the project as proposed conforms with
the density requirements of the Municipal Code and General Plan.
The applicant requests the removal of conditions of approval for Case No. 91-042 that required
offsite road improvements. One legal lot will be eliminated by the consolidation. Because of the
reduction of impacts from the project due to the lot consolidation, a release of covenant shall be
prepared eliminating the conditions of approval for Case No. 91-042 TPM that require offsite road
improvements. All other conditions of approval for said Tentative Parcel Map will remain in full
effect.
The property is located in the Hillside/Inland Bluff Overlay Zone. However, steep slope issues
were addressed with the prior approval of Case No. 91-042 TPM. Open space easements recorded
on Parcel Map 17006 to address steep slopes will remain in place with this approval. Therefore,
steep slope issues will not be revisited with this project.
A portion of existing parcel 264-160-56 lies within the ultimate right-of-way of Lone Jack Road.
The developer will dedicate this portion to the City. Additionally, a proposed trail along the
west/north side of Lone Jack Road is indicated in the draft Trails Master Plan. Any future access
driveway improvements will be required to include a heavy-brushed concrete finish across the trail
tread in the right-of-way parkway area, as detailed in the Trails Master Plan.
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The proposed lot consolidation is consistent with all applicable development standards, and will
adequately accommodate single-family residential development.
A standard public notification was issued for the Tentative Parcel Map, which allowed for a 20-day
comment period. No comments were received.
This approval is based on the following findings:
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 Parcel 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:
a. 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 Specific Plan associated with the subject property. The project as
proposed meets all applicable development standards and density requirements.
Conclusion: The Community Development Department finds that the proposed Tentative
Parcel Map is consistent with the General Plan.
b. 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 for
the subj ect RR2 Zone. The proposed parcel meets the development and design standards of
the Municipal Code and General Plan.
Conclusion: The Community Development Department finds that the design of the
proposed map is consistent with the General Plan.
C. That the site is not physically suitable for the type of development.
Discussion: The project will create one parcel, on which one single-family residence may
be developed. The parcel provides adequate space for said future development of a single-
family residence in compliance with all applicable standards for the RR2 Zone.
Conclusion: The Community Development Department finds that the site is physically
suitable for the type of development.
d. That the site is not physically suitable for the proposed density of development.
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Discussion: The proposed project will create one parcel on which one single-family
residence could be developed. The resulting parcel will be 2.08 acres in area, yielding a
density of 0.47 dwelling units per acre. The maximum density allowed by the RR2 Zone is
2.0 dwelling units per acre. Therefore, the project complies with the density requirements of
the RR2 Zone.
Conclusion: The Community Development Department finds that the site is physically
suitable for the proposed density of development.
e. That the design of the subdivision or the proposed improvements are likely to cause
substantial environmental damage or substantially or avoidably injure fish or wildlife or
their habitat.
Discussion: The project site was part of a 3-lot subdivision approved by the Olivenhain
Community Advisory Board on September 3, 1991 (Case No. 91-042 TPM/EIA). As a part
of that application, an Initial Study was performed pursuant to the requirements of the
California Environmental Quality Act (CEQA), and the Advisory Board adopted a Negative
Declaration. The current application for a Tentative Parcel Map consists of land contained
within the scope of the initial review.
Conclusion: The Community Development Department finds that the project is consistent
with the Negative Declaration previously approved for Case No. 91-042 TPM/EIA, which
included the project site. Therefore, the project will not result in any significant, adverse
environmental impacts or substantially or avoidably injure fish or wildlife or their habitat.
f. That the design of the subdivision or the type of improvements is likely to cause serious
public health problems.
Discussion: The applicant has obtained letters of service availability from all applicable
agencies 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 project, and since no other adverse health impacts can be
identified with the project, the project is not likely to cause any adverse health impacts.
g. 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. In this connection, the authorized agency may approve a map if it finds that
alternate easements, for access or for use, will be provided, and that these will be
substantially equivalent to ones previously acquired by the public. This subsection 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 a legislative body to determine
that the public at large has acquired easements through or use of property within the
proposed subdivision.
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Discussion: No easements have been identified on the subject property that would conflict
with any proposed improvements.
Conclusion: The Community Development Department finds that the proposed project will
have no conflict with any easements for access through, or use of property within, the
proposed project.
Environmental Review: The project is consistent with the Negative Declaration adopted by the
Olivenhain Community Advisory Board with approval of Case No. 91-042 TPM/EIA on September
3, 1991.
This approval is subject to the following conditions:
SCl SPECIFIC CONDITIONS:
SC4 Approval of the Tentative Parcel Map and all associated permits will expire on October 3,
2002 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 April 14, 2000, consisting of 1 sheet titled Tentative Parcel
Map, all designated as approved by the Community Development Director on October 3,
2000, and shall not be altered without express authorization by the Community
Development Department.
SCA A Certificate of Compliance in lieu of a Parcel Map may be recorded in accordance with
Municipal Code Section 24.60.050 and California Government Code Section 66428(b). The
applicant shall submit evidence of boundary monumentation and legal description for the
resulting parcel to the satisfaction of the City Engineer. An application for a Certificate of
Compliance and processing fee of $340.00 shall be submitted to the Community
Development Department.
SCB All conditions of approval of Case No. 91-042 TPM shall remain in full effect unless
specifically modified herein.
SCC Any future access driveway improvement at Lone Jack Road shall include a heavy-brushed
concrete finish across the trail tread within the road right-of-way parkway area as detailed in
the Trails Master Plan.
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G1 STANDARD CONDITIONS:
CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITION(S):
G4 Prior to building permit issuance, the applicant shall cause a covenant regarding real
property to be recorded. Said covenant shall set forth the terms and conditions of this grant
of approval and shall be of a form and content satisfactory to the Community Development
Director.
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.
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.
E1 ENGINEERING CONDITIONS:
CONTACT THE ENGINEERING SERVICES DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITION(S):
Special Conditions
SP I Lone Jack Road shall be dedicated by the developer along the subdivision frontage based on
a centerline to right-of-way width of 30 feet and in conformance with City of Encinitas
Standards.
SP2 A release of covenant shall be prepared by the City to remove the improvement
requirements as conditioned on TPM 91-042. This document shall be recorded concurrently
or after the Parcel Map Waiver Certificate of Compliance.
EG1 Grading Conditions
EG2 No grading permits shall be issued for this subdivision prior to recordation of the Parcel
Map Waiver.
EG3 The developer shall obtain a grading permit prior to the commencement of any clearing or
grading of the site.
EU 1 Utilities
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 Parcel Map Waiver.
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OLIVENHAIN MUNICIPAL WATER DISTRICT CONDITION(S)
•
CONTACT THE OLIVENHAIN MUNICIPAL WATER DISTRICT REGARDING THE
FOLLOWING CONDITION(S):
WA Payment of all improvements fees, as appropriate, when due in accordance with District
Ordinance 246, or successor Ordinance, not attached hereto, but incorporated herein by
reference.
WB Applicant is required to have a hydraulic analysis done by the District's consulting
engineer to ascertain the impact of the project on the District's water system.
WC Applicant is required to provide all fee and easements as required for construction of
onsite and offsite improvements as required by the District, in its sole discretion.
WD Applicant is required to construct all onsite and offsite facilities as required by the
District, in its sole discretion.
WE Applicant is required to execute District Agreement for pipeline construction and furnish
all necessary documents for insurance, bonding, and pay all District's charges as they are
invoiced.
WF In accordance with District Assessment District 96-01, not attached hereto, but
incorporated herein by reference, lots of 1/2 acre or less may have a 3/4-inch meter installed
unless owner chooses to upgrade the meter and pay the additional fees and charges. Lots
greater than 1/2 acre but less than 3 acres require one-inch meters to be installed. Lots in
excess of 3 acres re uire a minimum 11/2-inch meter to be installed. Larger meters may
be required by the District, in its sole discretion. If it can be demonstrated that lots of
given area are not usable in gross, a deviation in meter size may be made with the
concurrence of District Engineering Manager.
WG The District may require larger meters than the Assessment District 96-01 lot size criteria
would dictate if the individual residence requires water service greater than can be
accommodated by the standard 3/4-inch meter irrespective of its size, in its sole discretion.
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.
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In accordance with the provisions of Municipal Code Section 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 5:00 p.m. on the I CP calendar day following the
date of this notice of decision.
If you have any questions regarding this determination, please contact Kerry Kusiak at the
Community Development Department by telephoning (760) 633-2719.
ti
San dra Holder
Community Development Director
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