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)
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