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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 TC/03/MSI6-1925wp5 (2/22/91-2) Page 1 of 7 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 CASE NUMBER: 90-277TPM TC/03/MSI6-1925wp5 (2/22/91-2) Page 2 of 7 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. CASE NUMBER: 90-277TPM TC/03/MSI6-1925wp5 (2/22/91-2) Page 3 of 7 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 CASE NUMBER: 90-277TPM TC/03/MSI6-1925wp5 (2/22/91-2) Page 4 of 7 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 CASE NUMBER: 90-277TPM TC/03/MSI6-1925wp5 (2/22/91-2) Page 5 of 7 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. CASE NUMBER: 90-277TPM TC/03/MSI6-1925wp5 (2/22/91-2) Page 6 of 7 . 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 TC/03/MSI6-1925wp5 (2/22/91-2) Page 7 of 7