1995-007CITY OF ENCINITAS
COMMUNITY DEVELOPMENT DEPARTMENT
505 So. Vulcan Avenue
Encinitas, CA 92024
(619) 633-2710
NOTICE OF DECISION
DCD 95-07
March 2, 1995
This letter is to inform you that the Director of Community
Development has approved your application for:
95-027 TPM (Powell) - Tentative Parcel Map for a two lot
subdivision, for property located at 1849 Eucalyptus Avenue,
the R-5 Zoning District (APN 254-072-01).
Project discussion: The applicant proposes to subdivide a
property of .51 gross acres into two lots. The subject R-5
Zone has a minimum lot size of 8,700 square feet net area.
The application proposes two parcels, the northerly "parcel
1" at 8,743 sq. ft. net area, and the southerly "parcel 2"
at 10,875 sq. ft. net area.
Parcel 1 will accommodate an existing single family
dwelling, and parcel 2 will be available for future
development with a single family home. Topography across
the property is evenly sloped at approximately 5%, and poses
no unique development constraints.
Required setbacks will be met for the existing development
on parcel 1, with a side-yard setback of approximately 15
ft. from the new lot line (the standard being 10 ft.).
Proposed parcel 2, with mildly sloping topography and
dimensions of 74 ft. x 145 ft., will provide an adequate
building envelope for future development.
The public notification resulted in no response from the
community.
The project is determined to be exempt from Environmental
Review per Section 15315 of the California Environmental
Quality Act, since the project consists of a total of two
parcels, is located in an urbanized area, and is subject to
an average slope of less than 20%.
A zoning history search revealed no past discretionary
actions for the subject property which may have a bearing on
this project.
JK/95027TPM.DEC (3-2-95) 1
This approval is subject to the following findings:
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 (R-5) 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,
access, and geological / soil conditions.
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.
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
proposed project site has been determined to be exempt
from Environmental Review per CEQA, and since no
potential impacts to said resources have been
identified.
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 utilities shall be available for the 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. A review of
the preliminary title report does not show any
easements on the property which would be impacted by
this application.
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
subject application.
JK/95027TPM.DEC (3-2-95) 2
This approval is subject to the following conditions:
1. GENERAL CONDITIONS
A. This approval will expire in two years, on March 2,
1997, at 5:00 p.m. unless the conditions have been met
or an extension has been approved by the Authorized
Agency.
B. Nothing in this permit shall relieve the applicant from
complying with the conditions and regulations generally
imposed upon activities similar in nature to the
activity authorized by this permit.
C. Approval of this request shall not waive compliance
with any sections of the Municipal Code and all other
applicable City Ordinances in effect at the time of
Building Permit issuance unless specifically waived
herein.
D. Project is approved as conditioned, as evidenced by the
application and map dated received February 1, 1995.
E. Permits or findings of exemption shall be obtained from
the State Coastal Commission, if required, and any
other applicable Government agencies.
APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
2. FIRE
A. Address numbers shall be clearly visible from the
street fronting the structure. The height of the
numbers shall conform to Fire District Standards.
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. Address numbers shall be affixed to this
marker.
B. Structures shall be protected by an automatic fire
sprinkler system installed to the satisfaction of the
Fire District.
C. Prior to the granting of final recordation or
development approval, the applicant shall submit a
letter from the Fire District stating that all
development impact, plan check and/or cost recovery
fees have been paid or secured to the satisfaction of
the District.
JK/95027TPM.DEC (3-2-95) 3
D. Smoke detectors shall be installed in any future
structures and inspected by the Fire Department.
APPLICANT SHALL CONTACT THE ENGINEERING DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
3. GRADING
A. No grading permits shall be issued for this subdivision
prior to recordation of the final map.
B. The developer shall obtain a grading permit prior to
the commencement of any clearing or grading of the
site.
4. DRAINAGE
A. The developer shall pay the current local drainage fee
area 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 City Engineer.
B. Concentrated flows across driveways and/or sidewalks
shall not be permitted.
5. STREET CONDITIONS
A. Prior to any work being performed in the public right-
of-way, a right-of-way construction permit shall be
obtained from the City Engineer's Office and
appropriate fees paid, in addition to any other permits
required.
B. The developer shall enter into lien contract for the
future improvement of a half street width of fifteen
feet, curb, gutter, and sidewalk along the SUBDIVISION,
frontage prior to APPROVAL OF THE FINAL MAP for this
project..
6. UTILITIES
A. The developer shall comply with all the rules,
regulations and design requirements of the respective
utility agencies regarding services to the project.
B. The developer shall be responsible for coordination
with S.D.G&E, Pacific Telephone, and Cable TV
authorities.
JK/95027TPM.DEC (3-2-95) 4
C. All proposed utilities within the project shall be
installed underground, including existing utilities,
unless exempt by the Municipal Code.
D. The developer shall be responsible for the relocation
and undergrounding of existing public utilities, as
required.
7. MAP
A. This project is approved specifically as 1 single
phase.
B. The developer shall be responsible for the payment of
Flood Control Impact Fees, Park and Recreation Fees,
and Traffic Impact Fees prior to approval of the final
map, or shall enter into a security agreement for the
payment of such fees.
For new residential dwelling units, the applicant shall
pay development fees at the established rate. Such
fees may include, but not by limited to: Permit and
Plan-Checking Fees, School Fees, Water and Sewer
Service Fees, Traffic Fees, Drainage Fees, and Park
Fees. As required, arrangements to pay these fees
shall be made:
1. Prior to recordation of the final map or
prior to issuance of occupancy certificate.
In accordance with the provisions of the Municipal Code, this
decision may be appealed to the City Council within ten (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 (619) 633-2715.
1:J57
Vim- W
Sandra Holder
Community Development Director
JK/95027TPM.DEC (3-2-95) 5