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1999-033CITY OF ENCINITAS COMMUNITY DEVELOPMENT DEPARTMENT 505 So. Vulcan Ave. Encinitas, CA 92024 (760) 633-2710 NOTICE OF DECISION DCD-99-033 April 16,1999 This letter is to inform you that the Director of Community Development has approved your application for: 99-035 TPM EXT/CDP (Frederick Snedeker) - A 12-month time extension and Coastal Development Permit for previously approved Tentative Parcel Map No. 91-192, a 4-lot residential subdivision located on the west side of Saxony Road and approximately 1300 feet south of Leucadia Boulevard within the RR-1 zone (APN 216-110-14). The Encinitas Planning Commission approved the subject subdivision on February 11, 1993. This initial approval was valid to February 11, 1995. Subsequently, a total of three years of legislative actions extended the map to February 11, 1998. This time extension application was submitted in a timely manner on February 6, 1999. On August 17, 1998 the Community Development Department approved a 12-month time extension (98-183 TPM EXT/CDP), which extended the expiration date of Tentative Map 91-192 to August 17, 1999. This approval extends the expiration date an additional 12-months to August 17, 2000, as per Municipal Code Section 24.60.060. A standard public notification was issued for the Coastal Development Permit, which allowed for a 20-day comment period. No comments were received. FINDINGS FOR A TENTATIVE MAP EXTENSION Time Extension, Tentative Man - This approval is based upon the following findings as per Municipal Code Section 24.50.130-B: 1. The authorized agency shall consider the current circumstances of the subdivision, the site and the surrounding area. The tentative map for which an extension is granted and conditions of approval shall remain substantially unchanged from the tentative map as originally approved. A need to alter or add conditions (unless requested by the applicant to comply with Municipal Code standards), 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 map review and approval. J1c1g1notdec199035tpmex1cdp Conclusion: The proposed Tentative Parcel Map Time Extension does not propose any change to the original tentative map approval. After a review of the project, the City has found no need to add conditions, fees, or modify the map design as originally approved. 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. Conclusion: The City's General Plan and Municipal Code are applicable components of the City's Local Coastal Plan. The project consists of a 12-month time extension and Coastal Development Permit for previously approved Tentative Parcel Map 91-192, a 4-lot residential subdivision located on the west side of Saxony Road and approximately 1300 feet south of Leucadia Boulevard within the RR-1 zone. Tentative Parcel Map 91-192 is consistent with all applicable components of the General Plan and Municipal Code. Based on the Initial Study and biological report prepared for the Tentative Map 91-192, the project will not have a significant adverse impact on coastal resources or any natural resources. A Negative Declaration was adopted for the project on February 11, 1993. Since the project complies with all applicable provisions of the City's Municipal Code, the Community Development Department finds that the project is consistent with the certified Local Coastal Program of the City of Encinitas. 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: A Negative Declaration was prepared for Tentative Parcel Map 91-192 and was adopted by the Planning Commission on February 11, 1993. J1c1g1notdec199035tpmex1cdp This approval is subject to the following conditions: SC1 G1 SPECIFIC CONDITIONS: SCA This time extension approval will expire on August 17, 2000 at 5:00 p.m., one year after the approval date of this project, unless the conditions have been met or an extension of time has been approved pursuant to the Municipal Code. SCB All conditions of approval listed in Planning Commission Resolution No. 93-004 (original approval) are still valid and in effect and shall be satisfied prior to Parcel Map recordation to the satisfaction of the City Engineer and Community Development Director. SCC Pursuant to Municipal Code Section 24.60.060, the maximum time limit to record a parcel map is five (5) years from the date of the original approval of the tentative parcel map. The State of California has granted active tentative maps an additional three (3) years; thereby allowing for a total of eight (8) years for the recordation of active parcel maps. The eight year time period within which to record 91-192 TPM will end February 11, 2001. However, this time extension approval only extends the expiration date of 91-192 TPM to August 17, 2000. No other time extensions, under the regulations in effect at this time, can be granted to extend the approval of 91-192 TPM past February 11, 2001. A time extension submitted prior to August 17, 2000 to extend the approval entitlement to February 11, 2001 would be considered in accordance with the regulations in effect at that time. 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. 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. Sandra Holder Community Development Director J1c1g1notdec139035tpmex1cdp