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1989-063 Parcel Map 15345RESOLUTION NO. 89- 6~ ~ RESOLUTION OF THE CITY COUNCIL~ C~TY OF ENC~N~T&S~ ~PPROVIN~ PARCEL 14AP ~5345 ~S ~_VEBTED PROJECT AND EXEHPT FRO~ THE F~XED ;~NlqU~L ~LLOC~T~ON PURSUANT TO POLICY 3.L2~ ~TEH 4 OF THE ~ENERAL PLAN L~ND USE ELEMENT WHEREAS, a request for consideration of being a vested project allowing exemption from the Growth Management fixed annual allocation pursuant to Policy 3.12, Item 4 of the General Plan Land Use Element, was filed by Michael and Nadine Mahon for the property located at the southeast corner of E1 Camino Del Norte and "E" Street, Parcel Map 15345; WHEREAS, an Administrative Hearing was conducted on August 16, 1989 by City Council. WHEREAS, the city Council considered: The staff reports dated August 8, 1989 and July 18, 1989; The Co~ununity Development Director's letter dated June 27, 1989 denying the request; The initial application and subsequent appeal; and Oral evidence submitted at the hearing. WHEREAS, the City Council makes the following findings pursuant to the General Plan Land Use Element, Policy 3.12, Item 4: The proposed project has received a building permit or where no building permit is required, final discretionary approval. Facts: The project has received final discretionary approval for the Tentative Parcel Map; the Parcel Map has been approved and recorded. No Design Review application has been submitted to the City, however, Design Review would not be required if the applicant didn't propose building the project. No building permits have been issued for any units. b. Substantial expenditures or documented, noncancellable PM/07/CRO4-353WP5 (8-29-89) liabilities have been incurred in good faith reliance on the permit or final discretionary approval. Facts: In reliance of the permit the applicant entered into an agreement ($40,000.00) to~nstall the sewer line. Soil testing was completed. Water meters were installed. Street asphalt was removed. In addition, engineering expenses were incurred to process the map for recordation. All of these expenditures and noncancellable liabilities were incurred prior to March 29, 1989. Substantial construction has been performed in good faith reliance on the permit or final discretionary approval. Facts: The installation of the sewer extension commended on March 27, 1989 with the removal of the street asphalt. In addition, water meters were installed. Costs for these items totalled $5,618. The sewer extension which began prior.to March 29, 1989, has been completed at a cost of $42,107. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Encinitas that Parcel Map 15345 is a vested project pursuant to Policy 3.12, Item 4, of the General Plan Land Use Element and the lots are exempt from the fixed annual allocation of building permits. ~' PASSED AND ADOPTED this following vote, to wit: 6th day of September, 1989 by the AYES: Gaines, Hano, 0msted, Slater NAYS: None ABSENT: Shea ABSTAIN: None E. JaV~ Pool City ~lerk Anne Omsted, Mayor of the City of Encinitas PM/07/CRO4-353WP5 (8-29-89) Book # Page ~ /~/