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1997-497730206 RECORDING REQUESTED BY AND MAIL TO: City of Encinitas, 505 So. Vulcan Avenue Encinitas, Ca. 92024 Attn: City Clerk NOT APPROVED FOR DEVELOPMENT :EES: CONDITIONAL CERTIFICATE OF COMPLIANCE (Section 66499.35 of the Government Code) The Director of Community Development of the City of Encinitas has determined that the parcel of real property described below has been divided or has resulted from a division in compliance with the Subdivision Map Act and with provisions of the City of Encinitas Municipal Code. The parcel described below constitutes a property which resulted from the illegal subdivision of surrounding land. The subdivided properties were subsequently legalized by the County with the recordation of Certificates of Compliance. The subject property remained as an un-mapped parcel as a result of the preceding actions. The subject property complies with minimum lot size and density standards currently applicable. This Conditional Certificate of Compliance is therefore recognizing as a separate legal lot the property described below. This Certificate also requires compliance with and performance of all conditions and requirements placed in City of Encinitas Resolution No. PC-97-12. Owner: California Financial Help Stores Plat Map: (SEE EXHIBIT A, ATTACHED) Description: (SEE EXHIBIT B, ATTACHED) Conditions: (SEE EXHIBIT C, RESOLUTION PC-97-12, ATTACHED) NOTE: The description and plat map in exhibits "A" and "B", attached, have been provided by the owner of the property, and neither the City of Encinitas nor any of its officers or employees assume responsibility for the accuracy of said description and map. This Certificate of Compliance shall in no way affect the requirements of any City, County, State, Federal or local agency that regulates development of real property, except as stated herein. jk/f/cc/cc-Dnld.doc (8-8-g7) This certificate relates only to issues of compliance or noncompliance with the Subdivision Map Act and local ordinances enacted pursuant thereto. The parcel described herein may be sold, leased, or financed without further compliance with the Subdivision Map Act or any local ordinance enacted pursuant thereto. Development of the parcel may require issuance of a permit or permits, or other grant or grants of approval, including completion of all conditions included within Resolution PC-97-12, attached hereto and included as though fully set forth herein. CaseNo: 97-152 CC Assessor's Parcel Number: 254-163-01 Date: August 9, 1997 Bill Weedman, City Planner jk/f/cc/cc-Dnld.doc (8-8-97) EXHIBIT "B" Legal Description That portion of Lot 35 of Crest Acres, in the City of Encinitas, County of San Diego, State of California, according to Map thereof No. 2019, filed in the Office of the County Recorder of San Diego County, May 3, 1927, lying North of a line that begins at a point on the East line of said Lot 35, distant thereon South 2 °47' West, 311.51 feet from the most Northerly comer thereof and runs North 87 o 13' West parallel with the South line of said Lot to a point on the West line of said Lot. 209 EXHIBIT C RESOLUTION NO. PC-97-12 RESOLUTION OF THE ENCINITAS PLANNING COMMISSION APPROVING A TENTATIVE PARCEL MAP AND coASTAL DEVELOPMENT PERMIT AND. ADOPTING A NEGATIVE DECLARATION FOR A PROPOSED THREE LOT SUBDIVISION FOR PROPERTY LOCATED AT 773 PLATO PLACE (APN 254-163-01,25) (CASE NUMBER 95-205TPM/CDP/EIA) WHEREAS, a request for consideration of a Tentative Parcel Map, Coastal Development Permit, and Environmental Initial Analysis was filed by Christopher Charrette for a three lot subdivision, in accordance with Chapter 24.60 (Tentative Parcel Map) of the City of Encinitas Municipal Code, and in accordance with Chapter 30.80 (Coastal Development Permit), and in accordance with the California Environmental Quality Act, for the property located at 773 Plato Place; said property being legally described as: (See Attachment"A") WHEREAS, a public hearing was held by the Planning Commission on February 13, 1997, and all persons desiring to be heard were heard; and WHEREAS, the Planning Commission considered without limitation: The Planning Commission Agenda Report dated February 13, 1997; The application and associated materials dated received by the City August 15, 1995; Environmental Initial Analysis, prepared by KEA Environmental, dated received by the City November 4, 1996; Revised Tentative Parcel Map, dated received by the City January 16, 1997, Oral and written evidence submitted at the hearing; WHEREAS, the Planning Commission made the following findings pursuant to Chapters 24.01.080 (subdivisions), 'and 30.80 (coastal permits) of the Encinitas Municipal Code: (SEE ATTACHMENT"B") WHEREAS, the Planning Commission, in its independent judgment finds that the project will result in no significant adverse impacts and a Negative Declaration is hereby adopted in accordance with the provisions of the California EnvirOnmental Quality Act (CEQA). NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Encinitas that Tentative Parcel Map / Coastal Development Permit / Environmental Initial Study application 95-205 TPM]CDP/EIA is hereby approved subject to the following conditions: ( SEE ATTACHMENT "C") PASSED AND ADOPTED this 13th day of February, 1997 by the following vote, to wit: AYES: NAYS: ABSENT: Bagg, Jacobson, Lanham, Patton, Wells None None ABSTAIN: None Alice Jacobson, C~a~irperson of the Planning C~/nmission ATTEST: Secretary 211 ATTACHMENT "A" LEGAL DESCRIPTIONS RESOLUTION NO. PC 97-12 Case No. 95-205 TPM/CDP/EIA Applicant: Charrette Parcel 1: That portion of Lot 35 of CREST ACRES, in the City of Encinitas, according to the Map thereof No. 2019, filed in the office of the County Recorder of San Diego County, May 3, 1927, lying North of a line that begins at a point on the East line of said Lot 35, distant thereon South 2 degrees, 47' West 311.51 feet from the most Northerly comer thereof and runs North 87 degrees 13' West parallel with the South line of said Lot to a point on the West line of said Lot, of official records of San Diego County, State of California. Parcel 2: Parcel 1 of Parcel Map No. 2928, in the City of Encinitas, filed in the office of the County Recorder of San Diego County, August 8, 1947, as file No. 74-214992 of official records of San Diego County. ATTACHMENT "B" FINDINGS RESOLUTION NO. PC 97-12 Case No. 95-205 TPM/CDP/EIA Applicant: Charrette Subdivision I. Standard - Municipal Code Section 24.01.080 ao That the proposed map is consistent with applicable general and specific plans as specified in Section 65451 of the Subdivision Map Act. Facts: There is no applicable specific plan. The General Plan allows a density range of 1.01-2 dwelling units per acre in the Rural Residential-2 zoning designation. Discussion: The project density is approximately 1.3 dwelling units per acre, within the allowable density of the RR-2 Zone. Conclusion: The Planning Commission finds that the proposed map is consistent with the General Plan subject to the required specific and standard conditions contained in the approved resolution. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. · Facts: Chapter 24.12 of the Municipal Code sets forth design standards for subdivisions and Chapter 30.16 of the Municipal Code sets forth technical standards, such as lot width and depth requirements in the RR-2 Zone. Discussion: No specific plans apply to the project. The proposed lot dimensions, access, and all other design criteria satisfy City standards for the RR-2 zone contained in Chapters 24.12 and 30.16 of the Encinitas Municipal Code. Conclusion: The Planning Commission finds that the project conforms to the General Plan since all technical requirements are met pursuant to the Encinitas Municipal Code. c. That the site is physically suitable for the type of development. Facts: The project will create a total of three residential lots. One of the lots is currently occupied with a single family dwelling, and the other two lots will be available for development with future single family dwellings. 4 213 eo Discussion: The two undeveloped lots provide adequate space for the future development of single family residences without reliance upon any variances. Conclusion: The Planning Commission finds that the subject site is physically suitable for future development with detached single-family development since site assessments indicate that reasonable building envelopes will be provided. That the site is physically suitable for the proposed density of development. Facts: The project will result in a density of approximately 1.3 du/ac. The RR-2 Zone allows a density of 2 dwellings per acre. Discussion: The project density and site analysis indicate that the allowed single- family homes can easily be accommodated within the building envelopes which will result. Conclusion: The Planning Commission finds that the proposal will result in an acceptable density since the project density will be within the allowed limit and map design indicates that adequate building envelopes will result for the single-family detached development permitted in the RR-2 Zone. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially or avoidably injure fish or wildlife or their habitat. Facts: An Environmental Initial Analysis Was performed analyzing biological, cultural, noise, and aesthetic issues. The environmental document recommended the certification of a Negative Declaration. The Negative Declaration, prepared by KEA Environmental, dated received by the City November 4, 1996. is in accordance with the provisions of the California Environmental Quality Act, adopted by the Planning Commission on February 13, 1997. Discussion: The Environmental Initial Analysis determined that the existing open space easement on-site will protect all sensitive plant species, and the existing noise easement over the project site will adequately address noise issues by requiring acoustical analysis prior to development of any of the two undeveloped lots. The site- specific cultural analysis determined that further investigations for cultural resources on the property are not warranted. The environmental document determined that any visual impacts associated with development of the project would not be significant. Therefore, the project will not result in any significant adverse impacts to the environment. Conclusion: /he Planning Commission finds that the project will not result in any significant adverse environmental impacts. /hat the design of the subdivision or the type of improvements is not likely to cause serious public health problems. Facts: The applicant has obtained letters of sewer and water availability and all public utilities and services are in place to serve the project. Discussion: All applicable services required by the subdivision can be provided. Conclusion: /he Planning Commission finds that since all necessary services can be provided for the subdivision, and since no other adverse health impacts can be identified with the project, the subdivision is not likely to cause any adverse health impacts. 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. Facts: All easements of record are required to be identified on the tentative map. Discussion: Existing easements for access, sewer, biology, and noise have been identified. No easements have been identified on the subject property with which any of the lots or subsequent development thereon would conflict. Conclusion: /he Planning Commissionfinds that the'proposed subdivision will have no conflict with any easements since no easements have been identified on the subject property with which the proposed map would conflict. The Final or Parcel Map is in substantial compliance with the previously approved Tentative Map. Conclusion: Not applicable for considerationofthe Tentative Map. The Planning Commission and the authorized agency have not acted in accordance with Section 66747.5 of the act relating to land projects. Conclusion: The City has not acted to revert the subject property to acreage. In accordance with Sections 66473 and 66472.5 of the Map Act, the Map complies with the conditions or requirements imposed by Title 24 and the Map Act. 6 215 Facts: The subdivision is required to meet all Map Act and Municipal Code standards in effect at the time the applicationwas deemed to be complete. Discussion: Staffand the Authorized Agency have identified no provisions of The Act (in effect at the time. the application was deemed to be complete) with which this proposed tentative map would not comply.' The map complies with all standards contained in Title 24 of the Municipal Code, including the design standards contained in Chapter. 24.12. Conclusion: The Planning Commission finds that the proposed subdivision meets all the Map Act and Municipal Code standards in effect at the time the application was deemed to be complete. k. The proposed subdivision is entirely within the corporate boundaries of the City. Conclusion: The subject property is entirely within City boundaries. The property is served by an on-site sewage disposal system and the Health Department has certified that the system is satisfactory to support the proposed subdivision. Conclusion: The subject property will be served by off-site sewer facilities in place and available to the property from the Leucadia County Water District. Coastal Development Permit II. 1. Standard - Municipal Code Section 30.80 The project is consistent with the certified Local Coastal Program of the City of Encinitas; and The proposed development conforms with Public Resources Code 21000 and following in that there are no feasible mitigation measures or feasible alternatives available which would substantially lessen any significant adverse impact that the activity may have on the environment. Facts: This project is governed by the Encinitas Local Coastal Plan. The General Plan and Municipal Code are portions of the Local Coastal Plan. Specifically, the residential zone regulations contained in Chapter 30.16 of the Municipal Code and the Hillside/Inland Bluff Overlay Zone contained in Chapter 30.34.030 apply. An Environmental Initial Study was prepared for this project and a Negative Declaration is adopted by the Planning Commission on February 13, 1997. Discussion: The Environmental Initial Analysis determined that the existing open space easement on-site will protect all sensitive plant species, and the existing noise 7 easement over the project site will adequately address noise issues by requiring acoustical analysis prior to development of any of the two undeveloped lots. The site- specific cultural analysis determined that further investigations for cultural resources on the property are not warranted. The environmental document determined that any visual impacts associated with development of the project would not be significant. Therefore the project will not result in any significant adverse impacts to the environment. Conclusior~ The Planning Commission finds that the project is consistent with the certified Local Coastal Program of the City of Encinitas and that required finding #2 is not applicable since no significant adverse impact is associated with the project. 217 ATTACHMENT "C" CONDITIONS RESOLUTION NO. PC 97-12 Case No. 95-205 TPM/CDP/EIA Applicant: Charrette II. SPECIAL CONDITIONS Ao The approved Tentative Parcel Map shows a possible future lot line on Parcel 3. This delineation shall not be shown on the final parcel map. The subject property is subject to a noise easement. Given the proximity of the site to Interstate-5, an acoustical analysis shall be reviewed and approved by the Community Development Department prior to issuance of a building permit for any habitable building on newly created parcels 2 or 3, or for any future lots which may result from the subdivision of parcel 3. The final parcel map shall show a 25 fi. setback line as determined by the City Engineer, to the satisfaction the Community Development Department. STANDARD CONDITIONS 1. GENERAL CONDITIONS A. This approval will expire in two years, on February 13, 1999, at 5:00 p.m., unless the conditions have been met or an extension has been approved by the Authorized Agency. The project is conditionally approved as submitted as evidenced by the application submitted to the City on August 15, 1995. and as per the revised Tentative Parcel Map dated received by the City January 16, 1997, signed by a City Official, and as designated by a City Official as approved by the Planning Commission on February 13, 1997, and shall not be altered without Community Development Department review and approval. Co This approval may be appealed to the authorized agency within 10 calendar days from the date of this approval. Do Nothing in this permit shall authorize the applicant to intensify the authorized activity beyond that specifically described in this permit. 218 Eo Approval of this request shall not waive compliance with any sections of the Zoning Code and all other applicable City Ordinances in effect at the time of construction unless specifically waived herein. THIS ITEM MUST BE COMPLETED PRIOR TO FINAL FIRE DEPARTMENT APPROVAL. APPLICANT SHALL CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 2. FIRE mo The subdivision map shall provide a paved turn-around, to the satisfaction of the Fire Department. Bo Emergency access roadways, when required, shall be properly identified with signs as per Fire Department standards. Ce 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 numbers shall conform to Fire Department 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. Do Eo In order for the proposed 16 ft. road easement to be utilized, structures shall be protected by a fire sprinkler system installed to the satisfaction of the Fire Department. Prior to granting final recordation or development approval, the applicant shall submit to the Community Development Department a letter from the Fire Department stating that all fees including plan check reviews and/or cost recovery fees have been paid or secured to the satisfaction of the Fire Department. APPLICANT SHALL CONTACT THE ENGINEERING DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 3. ENGINEERING Grading Conditions A. No grading permits shall be issued for this subdivision prior to recordation of the final map. 10 219 The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. C. All newly created slopes within this project shall be no steeper than 2:1. A soils/geological/hydraulic report (as applicable) shall be prepared by a qualified engineer licensed by the State of California, to perform such work. The report shall be submitted prior to building permit issuance, or at first submittal of grading plan. Drainage Condition Eo The developer shall pay the current local drainage area fee 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. Street Conditions Fo A registered Civil Engineer or a licensed land surveyor shall provide a signed statement that: "The existing private roads of access to the project are within the easements for the benefit of the land division". The developer shall make an offer of dedication to the City for all public streets and easements required by these conditions or shown on the Tentative Map. The offer shall be made by a certificate on the Final Map for this project. All land so offered shall be granted"to:' the City free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated. 7 feet shall be dedicated by the developer along the subdivision frontage of Plato Place based on a center line to right-of-way width of 27 feet and in conformance with City of Encinitas Standards. Reciprocal access and maintenance and/or agreements shall be provided ensuring access to all parcels over the existing private road providing primary access to the site and maintenance thereof to the satisfaction of the City Engineer. Jo Direct access rights for all lots abutting Plato Place shall be waived on the final map, except for the existing driveway serving the existing single family dwelling on the proposed parcel no. 2. 11 220 Ko Lo Mo Utilities No Oo P° Qo Impact Fees Ro The developer shall enter into a lien contract for the future improvement of a half street width of 18 feet of asphalt concrete, curb, gutter and sidewalk along the subdivision frontage for Plato Place prior to approval 'of the Final Map for this project. The design of all private streets and drainage systems shall be approved by the City Engineer 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. Some improvements shown on the Tentative Map and/or required by these conditions are located offsite on property with which neither the City nor the subdivider has sufficient title or interest to permit the improvements to be made without acquisition of title or interest. The subdivider shall conform to Section 24.16.070 of the Encinitas Municipal Code. The property owner shall comply with all the rules, regulations and design requirements of the respective utility agencies regarding services to the project. The property owner shall be responsible for coordination with S.D.G.&E., Pacific Telephone, and all other applicable utility authorities. All proposed utilities within the project shall be installed underground including existing utilities unless e, xempt by the Municipal Code. The property owner shall be responsible for the relocation and undergrounding of existing public utilities, as required. 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 be 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 2. Prior to building permit issuance. 3. For Traffic Fees, prior to issuance of occupancy certificate. 12 CERTIFICATE OF COMPLIANCE PLAT CITY OF I ITAS Sheet 1 of 1 Sheets Le~_al Description EXHIBIT A A Portion of Lot 55 of Crest Acres, in the City of Encinitos, County of Son Diego, State of California, according to Mop thereof No. 2019, filed in the Office of the County Recorder of Son Diego County, May .3, 1927. (See attached complete Legal Description). APN 254-163-25 0 50 1 O0 £xis/bg Eagerer! for P#vate R~ad R~ SC/ME: 1"=100' I 200 300 Le4end Project Boundary Existin9 Easement for Public Roadway Granted to end ~///////////////J Access Rights Relinquised to the City of Encinitas by Doc No. 1997- Rec ~ot Area ,Gross Area of APN 254-163-01 prior to Public Road Dedication: 1.521 Acres C-ross Area of APN 254-163-01 after Public Road Dedication: 1.47t Acres Sit~/ Z eucod/o B/vd No Scale Owner's Statement OWNER CAUFORNIA FINANCIAL HELP STORES, INC~ ADDRESS P.O. Box 846 CITY Pomona, CA 91766 PHONE No. (909) 627-3949 THIS PLAT WAS PREPARED WITH MY KNO~EDGE AND CONSENT Ormon Blockwell, President Dote Plat Prepared by: RESOURCE DEVELOPMENT CORPORATION 5.31 Encinitos Bird, Suite 201 Encinitos, CA 92024 (760) 942-1106 Brian Donald, R~ 26175 License Expires 3/31/98 FOR DEPAR]MENTAL USE ONLY Prelim. Fee Final Fee Rec. No. Rec. No. Resource Development Corporation JNg7-oI5S