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..: ---
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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)