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