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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