1991-02
RESOLUTION NO. OE91-02
A RESOLUTION OF THE OLD ENCINITAS
COMMUNITY ADVISORY BOARD APPROVING A
TENTATIVE PARCEL MAP FOR A 2 LOT SUBDIVISION
OF A .38 ACRE (NET) PARCEL LOCATED AT 187 N. VULCAN AVE.
IN OLD ENCINITAS
(CASE NUMBER 90-277TPM)
WHEREAS, a request for consideration of a Tentative Parcel Map
was filed by Fotiadi Engineering on behalf of Mr. Lloyd Neely to
allow a two lot subdivision of an existing .38 net acre parcel in
the R8 zone in accordance with Title 24 and Chapter 30.16 of the
City of Encinitas Municipal Code, for the property located at 187
N. Vulcan Ave., legally described as:
Lot 9 in Block "V" of the Seaside Gardens Annex, according to
the Map thereof No. 1801, filed in the Office of the San Diego
County Recorder; and
WHEREAS, a public hearing was conducted by the Old Encinitas
Community Advisory Board on the application on February 28, 1991,
and;
WHEREAS, the Community Advisory Board considered without
limitation:
1. The staff report with attachments dated February 15,1991;
2. The applications and Tentative Parcel Map dated received
December 17, 1991 by the Community Development Dept.;
3. Oral evidence submitted at the hearing;
4. Written evidence submitted at the hearing; and
WHEREAS, the Old Encinitas Community Advisory Board made the
following findings pursuant to Chapters 24.01 and 30.16 of the
Encinitas Municipal Code:
(SEE ATTACHMENT "A")
NOW, THEREFORE, BE IT RESOLVED by the Old Encinitas Community
Advisory Board of the City of Encinitas that application 90-277TPM
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:
This project is found to be categorically exempt pursuant to
Sect. 15315 of the California Environmental Quality Act
(CEQA), which exempts minor subdivisions of property of less
than an average 20% slope gradient within urban areas.
TC/90277TPM.RES
PASSED AND ADOPTED this 28th day of February, 1991, by the
following vote, to wit:
AYES: Birnbaum, Rotsheck, Tobias
NAYS: None
ABSENT: Steyaert
ABSTAIN: None
~/r~
Peter Tobias, C irma of
the Old Encini tas Community
Advisory Board
ATTEST:
~ ?-Þ-
Tom Curriden
Associate Planner
TC/90277TPM.RES
RESOLUTION NO. OE91-02
ATTACHMENT "A"
FINDINGS FOR SUBDIVISION (CHAPTER 24.01)
(Case No. 90-277TPM)
a. That the proposed map is consistent with applicable
general and specific plans as specified in section 65451
of the Subdivision Map Act.
Evidence: There is no applicable specific plan. The 5.2
dwelling unit per acre density of the proposed subdivision is
within and thus consistent with the allowable density range
for the R8 zone, and is thus consistent with that zone.
Subject to the attached standard conditions, the map will be
in full compliance with the City's Subdivision Ordinance and
State Map Act.
b. That the design or improvement of the proposed
subdivision is consistent with applicable general and
specific plans.
Evidence: Detached single family type homes are expressly
allowed for in the Residential 5.01 - 8 du/ac land use
category in the Encinitas General Plan.
c. That the site is physically suitable for the type of
development.
Evidence: Most of the subject property is of a moderate
approx. 8-9% slope, and, based also upon the preliminary soils
report submitted with the application, is suitable physically
for the detached single-family type of development proposed.
d. That the site is physically suitable for the proposed
density of development.
Evidence: Project design demonstrates that the proposed
density of development can easily be facilitated on site while
conforming with all City development regulations. Building
setbacks leave ample area available for construction of
single-family homes.
e. 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.
TC/90277TPM.SR
Evidence: No potential adverse impacts to the environment,
fish, or wildlife have been identified and staff, in
accordance with Sect. 15315 of the California Environmental
Quality Act, have found the proposal to be categorically
exempt from further environmental review. The project is not
in an area where sensitive natural resources are known to be
present as delineated in the Resource Management Element of
the City's General Plan (RM-32).
f. That the design of the subdivision or the type of
improvements is not likely to cause serious public health
problems.
Evidence: The applicant has obtained letters of sewer
and water availability and all public utilities and services
are in place or will be in place to serve the project.
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: All public/other easements traversing the site are
shown on the Tentative Map submitted. The only easement which
could potentially constrain future development is a 40 ft.
wide access easement along the property's westerly boundary
in favor of a private party. However, that easement no longer
appears to fulfill any purpose and staff will require that,
prior to Final Map approval, that easement will be vacated.
Thus, the subdivision will result in no conflict with these
easements.
h. The Final Map is in substantial compliance with the
previously approved Tentative Map.
Evidence: Not applicable for consideration of the Tentative
Map.
i. The City Council and the authorized agency have not acted
in accordance with Section 66747.5 of the act relating
to land projects.
Evidence: The City Council has not acted to revert the subject
property to acreage.
j. In accordance with sections 66473 and 66472.5 of the Act,
the Map does not comply with the conditions or
requirements imposed by this Title and Act.
TC/90277TPM.SR
Evidence: The subdivision meets all Map Act standards in
effect at the time the application was deemed to be complete.
k. The resulting parcels are too small to sustain
agricultural use in accordance with section 66474.4 of
the Act.
Evidence: Being less than 40 acres in area, the land is
presumed too small for agricultural use as defined under Sect.
66474.4 (a) of The Act.
I. The proposed subdivision is not entirely within the
corporate boundaries of the city.
Evidence: The subject property is entirely within City
boundaries.
m. 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: The subject property will be served by off-site
sewer facilities as evidenced by a letter of availability
obtained from the Leucadia County Water District dated
received August 27, 1990.
TC/90277TPM.SR
RESOLUTION NO. OE91- 02
CONDITIONS OF APPROVAL
ATTACHMENT "B"
Applicant: Fotiadi Engineering
Case No: 90-277 TPM
Subject: 2 Lot Tentative Parcel Map
Location: 187 N. Vulcan Avenue
I. SPECIFIC CONDITIONS
Prior to final map approval, the applicant shall secure a
quitclaim deed or release of the existing private access
easement over the westerly 40 feet of the subject property
(Book 1494 Page 388 of Deeds) to the satisfaction of the
Community Development and Public Works Departments.
II. STANDARD CONDITIONS
1. GENERAL CONDITIONS
A. This approval will expire in two years, on February
28, 1993, at 5:00 p.m. unless the conditions have
been met or an extension has been approved by the
Authorized Agency.
B. This approval may be appealed to the authorized
agency wi thin 15 calendar days from the date of this
approval.
C. Approval of this request shall not waive compliance
wi th any sections of the Zoning Development Code and
all other applicable City Ordinances in effect at
the time of Building Permit issuance unless
specifically waived herein.
D. The applicant shall comply with the latest adopted
Uniform Building Code, Uniform Mechanical Code,
Uniform Plumbing Code, National Electric Code,
Uniform Fire Code, and all other applicable codes
and ordinances in effect at the time of building
permit issuance unless specifically waived herein.
CASE NUMBER: 90-277TPM
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E. Permits from other agencies will be required as
follows:
Coastal Commission
F. Project is approved as submitted/modified as
evidenced by the plot plan dated received by the
City of Encinitas on December 17, 1990, and signed
by a City Official as approved by the Old Encinitas
Community Advisory Board on February 28, 1991, and
shall not be altered without Planning and Community
Development Department review and approval.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND COMMUNITY
DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
2. SITE DEVELOPMENT
A. For new residential dwelling unites), 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. Arrangements to pay these fees shall
be made prior to final map approval as deemed
necessary by the appropriate agency.
B. Any change to the natural drainage or concentration
of drainage shall be adequately handled and shall
not impact adjacent properties.
3. PARKING AND VEHICULAR ACCESS
Driveways shall meet the standards of the Zoning
Ordinance, Public Works Standards, and the Offstreet
Parking Design Manual.
APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
4. FIRE
A. The unobstructed paved width of a fire access
roadway shall be not less than 24 feet. EXCEPTION:
A fire access roadway Drovidinq access to onlY one
sinqle familY dwellinq shall be not less than 16
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feet in Daved width.
B. All designated emergency access roads shall be
posted pursuant to the Fire District standards.
C. Numbers shall be clearly visible from the street
fronting the structure. Where structures are
located off a roadway on long driveways, a monument
shall be placed at the entrance where the driveway
intersects the main roadway. Address numbers shall
be displayed on this monument.
D. Prior to final recordation, the applicant shall
submit a letter from the Fire District stating that
all development impact, plan check and/or cost
recovery fees have been paid or secured to the
satisfaction of the District.
APPLICANT SHALL CONTACT THE SAN DIEGUITO WATER DISTRICT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
5. WATER
A. The Subject Property is currently being served by
one or more water meters. According to the San
Dieguito Water District Administrative Code, any
parcel of land that is subdivided requires the owner
to furnish the District with a written agreement,
showing which lot, or lots, each meter is to serve.
The District, at that time, may require relocation
of meter to the front of lot served at owners
expense.
B. The plans and specifications for the installation
of a water system to serve each lot independently
with public water must be approved by the San
Dieguito Water District.
C. The developer shall install the water system
according to San Dieguito Water District standards,
and dedicate to the serving water district the
portion of the water system which is to be public
water.
D. The developer shall comply with the County, City of
Encinitas and San Dieguito Water District standards
and policies, and conditions contained in a secured
agreement to install the water system concurrent
with project need.
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E. The developer shall dedicate to San Dieguito Water
District all necessary easements for that portion
of the water system which is to be public water.
F. Adequate water service shall be committed for this
project prior to final approval/map recordation of
the subdivision map and shall be available
concurrent with project need.
G. All buildings in this project shall be connected to
public water according to the water permit and
approval process of the San Dieguito Water District.
H. The developer shall apply for and pay the costs of
annexing all the land within the project to the
serving water district for operation and maintenance
of public water system.
I. Water and sewer lines shall not be laid in the same
trench in any part of this project development.
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
6. GRADING CONDITIONS
A. No grading permits shall be issued for this
subdivision prior to recordation of the final map.
B. The grading for this project is defined by Chapter
23.24 of the Encinitas Municipal Code. Grading
shall be performed under the observation of a civil
engineer whose responsibility it shall be to
coordinate site inspection and testing to ensure
compliance of the work with the approved grading
plan, submit required reports to the City Engineer
and verify compliance with Chapter 23.24 of the
Encinitas Municipal Code.
C. No grading shall occur outside the limits of the
SUBDIVISION/PROJECT unless a letter of permission
is obtained from the owners of the affected
properties.
D. All slopes within this project shall be no steeper
than 2: 1.
E. A soils/geological/hydraulic report shall be
prepared by a qualified engineer licensed by the
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state of California to perform such work at first
submittal of a grading plan.
7. DRAINAGE CONDITIONS
A. The developer shall exercise special care during the
construction phase of this project to prevent any
offsite siltation. The developer shall provide
erosion control measures and shall construct
temporary desiltation/ detention basins of a type,
size and location as approved by the City Engineer.
The basins and erosion control measures shall be
shown and specified on the grading plan and shall
be constructed to the satisfaction of the City
Engineer prior to the start of any other grading
operations. Prior to the removal of any basins or
facilities so constructed, the area served shall be
protected by additional drainage facilities, slope
erosion control measures and other methods required
or approved by the City Engineer. The developer
shall maintain the temporary basins and erosion
control measures for a period of time satisfactory
to the City Engineer and shall guarantee their
maintenance and satisfactory performance through
cash deposit and bonding in amounts and types
suitable to the City Engineer.
B. 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 adjacent lands, shall be
required. Said drainage system shall include any
easements and structures as required by the City
Engineer to properly handle the drainage.
C. 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.
D. Concentrated flows across driveways and/or sidewalks
shall not be permitted.
8. STREET CONDITIONS
A. 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
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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.
B. 10 feet shall be dedicated by the developer along
the subdivision frontage based on a center line to
right-of-way width of 30 feet and in conformance
with City of Encinitas Standards.
C. 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.
D. Plans, specifications, and supporting documents for
all improvements shall be prepared to the
satisfaction of the City Engineer. Prior to
approval of the final map, the Subdivider shall
install, or agree to install and secure with
appropriate security as provided by law,
improvements shown on the tentative map and the
following improvements to City Standards to the
satisfaction of the City Engineer:
Pavement, curb and gutter, and sidewalk for a
standard local street (60' right-of-way) along
Vulcan frontage.
E. Developer shall execute and record a covenant with
the County Recorder agreeing not to oppose the
formation of an assessment district to fund the
installation of right-of-way improvements.
9. UTILITIES
A. The developer shall comply with all the rules,
regulations and design requirements of the
respective utility agencies regarding services to
the project.
B. The developer shall be responsible for coordination
with S.D.G. & E., Pacific Telephone, and other
applicable authorities.
C. All proposed utilities within the project shall be
installed underground including existing utilities
unless exempt by the Municipal Code.
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.
D. The developer shall be responsible for the
relocation and undergrounding of existing public
utilities, as required.
E. If private sewer will serve this development, then
a maintenance agreement must be executed before
recordation of the Final Map.
10. MAP
This project will be approved specifically as 1
(single) phase.
CASE NUMBER: 90-277TPM
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