1997-126CITY OF ENCINITAS
COMMUNITY DEVELOPMENT DEPARTMENT
505 So. Vulcan Avenue
Encinitas, CA 92024
(619) 633-2710
NOTICE OF DECISION
DCD-97-126
December 31, 1997
This letter is to inform you that the Director of Community Development has approved your application for:
97-281 TPM (Etemad) - Tentative Parcel Map for a three-lot subdivision for property located at
1735 OlivenhainRd. (APN 255-221-32).
Project Description and Discussion: The applicant proposes to subdivide a vacant legal lot into
three lots for property located at 1735 Olivenhain Rd. within the R-8 Zone, which specifies a
minimum net lot size of 5,400 sq. ft. The proposed parcels meet the lot area, lot dimensions and
density standards, with parcels one and two having net lot areas of 7600 sq. ft., and parcel three
having a net lot area 8769 sq. ft. All parcels exceed the width and depth standards of 60 ft. and 90
ft.
A three lot subdivision was approved for the site in 1989 (89-106TPM), proposing three lots in a
similar configuration. The approval expired without recording.
The applicant has submitted service availability letters indicating that all required services are
available for the project site.
The project site has an overall average lot slope of approximately 9% and has no sensitive
biological resources on-site.
A standard 300 ft. public notification was issued and the Community Development Department
received no adverse comments.
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FINDINGS
Tentative Parcel Map
This approval is subject to the following findings for Tentative Parcel Map.
1. That the proposed map is consistent with applicable general and specific plans as specified
in Section 65451 of the Subdivision Map Act.
2. That the design or improvement of the proposed subdivision is consistent with applicable
general and any specific plans since the project is in conformance with the General Plan
designation (Residential 5.01-8 du/ac) for the site.
3. That the site is physically suitable for the intended residential type of development, in that
proposed lots will adequately accommodate existing and future single family dwellings in
terms of lot size, shape, setbacks and access.
4. That the site is physically suitable for the proposed density of development since the
topography and design of the new proposed lots can adequately accommodate existing and
future single family homes and because the subdivision conforms to the density limitations
(8 dwelling units per acre) contained within the R-8 Zone.
5. 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 or
their habitat because the site has no natural resources which would be significantly impacted
by the proposed subdivision. The proposed project site has been determined to be exempt
from Environmental Review as per CEQA Guidelines Section 15315.
6. That the design of the subdivision or type of improvements is not likely to cause serious
public health problems, since documentation has been obtained stating that necessary
utilities and services are available for the project site.
7. That the design of the subdivision or the type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of, property within the
proposed subdivision.
8. The subdivision conforms with all the provisions of the Municipal Code including project
density, lot size and lot dimensions, as per the information submitted in the subdivision
application.
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CONDITIONS
This approval is subject to the following conditions:
G1 STANDARD CONDITIONS:
CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
G2 This approval may be appealed to the City Council within 15 calendar days from the date of
this approval in accordance with 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 final map as custom homesites, 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.
E 1 ENGINEERING CONDITIONS:
CONTACT THE ENGINEERING SERVICES DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
SP I The developer shall obtain the City Engineer's approval of the project improvement plans and
enter into a secured agreement with the City for completion of said improvements prior to
issuance of any building permit within this project. The improvement shall be constructed
and accepted for maintenance by the City Council prior to occupancy of any building permit
for any unit within the project. The improvements are: AC pavement, curb, gutter and
sidewalk along the project frontage of Olivenhain Road, aligned with the existing facilities on
the west edge of the project.
EG2 No grading permits shall be issued for this subdivision prior to recordation of the final map.
EG3 The developer shall obtain a grading permit prior to the commencement of any clearing or
grading of the site.
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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/hydraulicreport (as applicable) shall be prepared by a qualified engineer
licensed by the State of California to perform such work. The report shall be approved prior
to final map approval
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.
ED6 The owner of the subject property shall execute a hold harmless covenant regarding
drainage across the adjacent property prior to approval of the final map for this project.
ED7 Concentrated flows across driveways and/or sidewalks shall not be permitted.
ES4 Reciprocal access and/or maintenance agreements shall be provided ensuring access to all
parcels over private roads, drives or parking areas and maintenance thereof to the
satisfaction of the Engineering Services Director.
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.
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.
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.
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EU5 The developer shall be responsible for the relocation and undergrounding of existing public
utilities, as required.
EM3 This project is approved specifically as 1 (single) phase.
Fl FIRE CONDITIONS:
CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE WITH THE
FOLLOWING CONDITIONS:
F3 ACCESS ROADWAY WHEN AUTOMATIC FIRE SPRINKLER SYSTEMS INSTALLED: A
fire access roadway providing access to not more than three (4) single family dwellings shall not
be less than 16 feet in paved width with an unobstructed vertical clearance of not less than 13
feet 6 inches.
F9 POSTING OF ROADWAYS: Emergency access roadways when required shall be properly
identified as per Fire Department standards.
F11 FIRE HYDRANTS & FIRE FLOWS: The applicant shall provide fire hydrants of a type,
number, and location satisfactory to the Encinitas Fire Department. A letter from the water
agency serving the area shall be provided that states the required fire flow is available. Fire
hydrants shall be of a bronze type. A two-sided blue reflective road marker shall be installed on
the road surface to indicate the location of the fire hydrant for approaching fire apparatus.
INSTALL FIRE HYDRANT (1) AS FOLLOWS: ALSO SEE APPROVED MAP:
At the corner of access road and Olivenhain Rd.
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.
F15A AUTOMATIC FIRE SPRINKLER SYSTEM - SINGLE-FAMILY DWELLINGS AND
DUPLEXES: Structures shall be protected by an automatic fire sprinkler system installed to the
satisfaction of the Fire Department. Plans for the automatic fire sprinkler system shall be
approved by the Fire Department prior to issuance of building permits.
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In accordance with the provisions of the Municipal Code, this decision may be appealed to the City
Council within fifteen (10) calendar days of the date of this determination. 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 Jim Kennedy at the
Community Development Department by telephoning (760) 633-2715.
Sandra Holder
Community Development Director
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