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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. KK/CD/gANod\00-088tpm.nod.doc - 1 - 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. KK/CD/gANod\00-088tpm.nod.doc -2- 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. KK/CD/gANod\00-088tpm.nod.doc -3- 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. KK/CD/gANod\00-088tpm.nod.doc -4- 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. KK/CD/g:\Nod\00-088tpm.nod.doc -5- 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. KK/CD/g:\Nod\00-088tpm.nod.doc -6- 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 KK/CD/g:\Nod\00-088tpm.nod.doc -7-