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1988-44 RESOLUTION NO. OE-44 A RESOLUTION OF THE OLD ENCINITAS COMMUNITY ADVISORY BOARD CITY OF ENCINITAS, APPROVING A TENTATIVE PARCEL MAP TO CREATE A CONDOMINIUM FORM OF OWNERSHIP FOR TWO SINGLE FAMILY HOMES ON ONE LOT LOCATED AT 55 "I" STREET (CASE NUMBER 88-254 TPM) WHEREAS, a request for consideration of a Tentative Parcel Map was filed by Mr. Steve Royce to create a condominium form of ownership for two single family homes and one lot as per Chapter 24 of the City of Encinitas Municipal Codes, for the property located at 55 "I" Street, legally described as; Lot 16 of the north half of lot 15, block B, subdivision of east block 10, Sturges and Ratton's subdivision of east blocks 7, 8, 10, 11 and 42 of Encinitas, in the County of San Diego, State of California, according to map thereof No. 33, filed in the office of the County Recorder of San Diego County, on March 19, 1887. WHEREAS, a public hearing was conducted on the application on August 18, 1988; and WHEREAS, the Community Advisory Board considered: 1. The staff report dated August 12, 1988; 2. The application and Tentative Parcel Map submitted by the applicant; 3. Oral evidence submitted at the hearing; 4. Written evidence submitted at the hearing; and TC/04/CRO5-120WP 1(8-23-88) WHEREAS, the Old Encinitas Community Advisory Board made the following findings pursuant to Chapter 24 of the Encinitas Municipal Code and Section 66474 of the State Map Act: SEE ATTACHMENT "A" NOW, THEREFORE, BE IT RESOLVED by the Old Encinitas Community Advisory Board of the City of Encinitas that Tentative Parcel Map 88-254 TPM is hereby approved subject to the following conditions: SEE ATTACHMENT "B" BE IT FURTHER RESOLVED by the Old Encinitas Community Advisory Board of the City of Encinitas that: 1. This project was found to be exempt from environmental review, Section 15315 of CEQA. PASSED AND ADOPTED this 18th day of August, 1988, by the following vote, to wit: AYES: Hano, Tobias, Kauflin, Couglar NAYS: None ABSENT: None ABSTAIN: None H?~ar~n of the Old Encinitas Community Advisory Board ATTEST: --~..~ ------- .. c..: --- ----- ~'-- - Assistant Planner TCj04jCRO5-120WP 2(8-23-88) ATTACHMENT "A" OLD ENCINITAS COMMUNITY ADVISORY BOARD RESOLUTION NO. OE-44 (Findings Pursuant To Section 24.01.080 Municipal Code For Subdivisions) 1. The authorized agency makes any of the findings contained in Section 66474 of the Act. 1. (a) That the proposed map is not consistent with applicable general and specific plans as specified in Section 65451. Evidence to Consider: The Old Encinitas Community Advisory Board found that there is a reasonable probability that the proposed two homes for the subject property will be consistent with the future zonlng ordinance and General Plan pursuant to Government Code Section 65360 and City of Encinitas Ordinance 87-80, because the density proposed is within the range specified by the land use policy map of the Draft General Plan. There is no applicable specific plan. The proposal is also consistent with the present RV-15 zoning of the property. (b) That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans. Evidence to Consider: The two single family homes for which this condominium map has been filed were found to be in substantial compliance with the City's adopted design criteria by the Old Encinitas Community Advisory Board at their meeting of June 9, 1988. The condominium map is provided for under the City of Encinitas Subdivision Ordinance and State subdivision law. (c) That the site is not physically suitable for the type of development. Evidence to Consider: No characteristics of the site have been identified which would preclude the single family dwelling form of development. (d) That the site is not physically suitable for the proposed density of development. Evidence to Consider: The subject site is approximately 8,700 sq. ft. ln area and can accommodate the two homes as designed while meeting all technical development standards including required setbacks. TCj04jCRO5-120WP 3(8-23-88) (e) That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. Evidence to Consider: No aspects of either the original development proposal or this condominium tentative parcel map which would result in any adverse impact to the environment or wildlife. Therefore, staff have found then to be categorically exempt from environmental review pursuant to the state CEQA Guidelines. (f) That the design of the subdivision or type of improvements is likely to cause serious public health problems. Evidence to Consider: Letters of both sewer and water availability have been submitted by the applicant, and the subject homes shall be required to be properly connected to both prior to occupancy. Therefore, the project is not likely to cause serious public health problems. (g) That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. Evidence to Consider: No easements have been identified on the map or in the title report submitted by the applicant with which this map would conflict. TC/04/CRO5-120WP 4(8-23-88) 2. The City Council and the authorized agency have not taken action in accordance with Section 66474.5 of the Act relating to land projects. Evidence to Consider: Section 66474.5 relates to consistence of maps with specific plans, of which there are none in this instance. 3. In accordance with 66473 and 66474.2 of the Act, the map does not comply with the requirements or conditions imposed by this Title and the Act. Evidence to Consider: The condominium map conforms with the requirements of the City's Subdivision Ordinance as required by Sections 66473 and 66474.2 of the State Map Act. 4. The proposed subdivision is not entirely within the corporate boundaries of the City. Evidence to Consider: The subject property is within the boundaries of the City of Encinitas. 5. The property is served by an on-site sewage disposal system and the Health Department has not certified that the system is satisfactory to support the proposed subdivision. Evidence to Consider: As noted under finding l(f), the project is served by public sewer and will thus not have anyon-site sewage disposal system. TC/04/CRO5-l20WP 5(8-23-88) ATTACHMENT "B" RESOLUTION OE-44 STANDARD CONDITIONS OF APPROVAL Subject: TPM to create condominium ownership for two single family homes on one legal lot Applicant: Royce Location: 55 "I" Street Case No.: 88-254 TPM CITY OF ENCINITAS 1. GENERAL CONDITIONS A. Approval of this request shall not waive compliance with any sections of the Zoning Development Code and all other applicable City Ordinances in effect at the time of Building Permit issuance. B. Permits from other agencies will be required as follows: California Coastal Commission C. Project is approved as submitted and shall not be altered without Old Encinitas Community Advisory Board review and approval. D. If occupancy of the units is permitted prior to recordation of a final map, the applicant shall provide satisfactory evidence to the Community Development Department that Government Code Section 66452 have been satisfied relating to tenant notification. APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 2. SITE DEVELOPMENT A. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval contained herein shall be completed to the satisfaction of the Director of Community Development. 3. GENERAL REQUIREMENTS AND APPROVALS TCj04jCRO5-120WP 6(8-23-88) A. Final parcel and tract maps shall conform to City standards and procedures and the Subdivision Map Act. 4. STANDARD MAP CONDITIONS (Chapter 24.16 of the Municipal Code) A. That the subdivider install or agree to install all drainage and flood control structures and facilities required by the City Engineer, which drainage and flood control structures and facilities shall conform to the City Standards and the General Plan. B. That the subdivider provide all necessary easements and right-of-way to accommodate all streets, drainage and flood control structures and facilities, sewer systems, water systems, cable television and all other required utilities extending beyond the boundaries of the subdivision. c. That the subdivider shall provide that the subdivision be connected to a domestic water system approved by the city and all water system facilities shall be subject to the requirements of the water company or agency serving the subdivision. That the subdivider shall install or agree to install all required water systems necessary to serve the subdivision, including fire hydrants and connections as may be required, and that all water lines, appurtenances and service connections have been constructed or laid prior to paving or provisions have been made to ensure said construction. D. That, where a sewer facility is constructed or laid within a street or road, the subdivider has installed or agreed to install sewer facilities of a type, size and location approved by the City Engineer to the property line of each lot within the subdivision and that all sanitary sewer lines, appurtenances and service connections have been constructed or laid prior to paving or provisions have been made to ensure said construction; and that all sewer system facilities and construction standards shall be subject to the requirements of the agency providing service to the subdivision. E. That the subdivider comply or agree to comply with all the conditions of approval contained in the resolution approving the tentative tract map and not otherwise provided for by this Chapter. F. That all required improvements conform to city Standards. TC/04/CRO5-120WP 7(8-23-88) CASE NO. 88-254 TPM APPLICANT SHALL CONTACT THE PUBLI C WORKS DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 5. GRADING A. Grading of the subject property shall be in accordance with the Grading Ordinance. B. A soils/geological/hydrolic report shall be prepared by a qualified engineer licensed by the State of California to perform such work: At first submittal of a grading plan. C. The final grading plan shall be subject to review and approval by the Public Works Department and shall be completed prior to recordation of the final map or issuance of building permits, whichever comes first. D. Street improvements that include, but are not limited to: a. Sidewalks f. Cross gutter ~- b. Driveways g. Alley gutter c. Wheel chair ramps h. Street paving d. Curb and gutter i. Alley paving e. Street signs j. Street lights k. Pavement markers shall be completed prior to the occupancy of the units to the satisfaction of the Director of Public of Public Works. E. All damaged off-site public works facilities, including parkway trees, shall be repaired or replaced prior to exoneration of bonds and improvements, to the satisfaction of the Department of Public Works. F. Prior to any work being performed in the public right-of-way, a right-of-way construction permit shall be obtained from the Public Works office and appropriate fees paid, in addition to any other permits required. G. Developer shall execute and record covenant with the County Recorder agreeing not to oppose the formation of an assessment district to fund the installation of right-of-way improvements. TC/04/CRO5-120WP 8(8-23-88) CASE NO. 88-254 TPM 6. DRAINAGE AND FLOOD CONTROL A. A drainage system capable of handling and disposing of all surface water originating within the subdivision, and all surface waters that may flow onto the subdivision from adj acent lands, shall be required. Said drainage system shall include any easements and structures as required by the Director of Public Works to properly handle the drainage. B. Concentrated flows across driveways and/or sidewalks shall not be permitted. TC/04/CRO5-120WP 9(8-23-88)