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1991-08 RESOLUTION NO. OE91-08 A RESOLUTION OF THE OLD ENCINITAS ,COMMUNITY ADVISORY BOARD APPROVING A TENTATIVE PARCEL MAP TO ALLOW A TWO LOT SUBDIVISION OF A .44 ACRE PARCEL LOCATED AT 910 BRASS WAY IN OLD ENCINITAS (CASE NUMBER 89-158TPM) WHEREAS, a request for consideration of a Tentative Parcel Map was filed by James and Elizabeth Brass to allow a 2 lot subdivision of an existing ..44 gross acre parcel in the R8 zone in accordance with Chapter 24 of the City of Encinitas Municipal Code, for the property located at 910 Brass Way, legally described as: Lot 11 in Block "L" of Avocado Acres No.- 7, according to the Map thereof No. 2138, filed in the Office of the County Recorder on November 7, 1928; and WHEREAS, a public hearing was conducted on the application on April 25, 1991 by the Old Encinitas Community Advisory Board, and; WHEREAS, the community Advisory Board considered: 1. The staff report with attachments dated April 25, 1991; 2. The application and Tentative Parcel Map dated received April 9, 1991; 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 Chapter 24.01.080 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 89-158TPM 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 was found to be exempt from environmental review in accordance with Sect. 15315 of the California Environmental Quality Act (CEQA) Guidelines. TC/89158TPM.RES ,(4-18-91) PASSED AND ADOPTED this 25th day of April, 1991, by the following vote, to wit: AYES: Cartwright, Lewis, Steyaert NAYS: None ABSENT: Cowen ABSTAIN: None vi ginia artwright, C airperson of the d Encinitas Community dvisory Board ATTEST: ~. ~~~ Tom Curriden Associate Planner TC/89158TPM.RES (4-18-91) ATTACHMENT "A" FINDINGS FOR A TENTATIVE MAP (TITLE 24) (Case # 89-158TPM) Findings for a Tentative Map: 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 5.5 dwelling unit per acre density of the proposed subdivision is within the allowable density range of the R8 zone, and is thus consistent with that zone. Subject to the required specific and 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: Nearly all of the subject property within the resulting building envelopes is on level or gently sloping terrain, and will be suitable physically for the detached single-family type of development. d. That the site is physically suitable for the proposed density of development. Evidence: Project design demonstrates that the proposed density of development (5.5 du/ac) can easily be facilitated on site while conforming with all City development regulations. No variances are requested with this application, and building envelopes which should easily accommodate single- family homes will result. 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/89158TPM.SR (4-18-91) 8 Evidence: Having identified no aspect of the subdivision which could result in any significant adverse environmental impact, the Board has found the proj ect to be exempt from further review pursuant to Sect. 15315 of the California Environmental Quality Act (CEQA), which exempts minor subdivisions in urban areas where the average slope of the site does not exceed 20%. 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 to serve the project. Therefore, the project will not 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: Easements of record are shown on the proposed Tentative Parcel Map. The resolution of approval is conditioned to require the applicant to obtain vacation of an existing blanket easement held by the San Dieguito Water District over the subject property. with resolution of that easement, the subdivision will not conflict with any access or other easements through the proposed subdivision. h. The Final or Parcel Map is not 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. Evidence: The subdivision meets all Map Act standards in effect at the time the application was deemed to be complete. TC/89158TPM.SR (4-18-91) 9 k. The resulting parcels are too small to sustain agricultural use in accordance with Section 66747.4 of the Act. Evidence: Not applicable as the subject parcel is less that 10 acres in area. 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 in place and available to the property. .' TC/89158TPM.SR (4-18-91) 10 RESOLUTION NO. OE91- 08 ATTACHMENT "B" Applicant: Brass Case No: 89-158TPM Subject: 2 Lot Tentative Parcel Map Location: Brass Way I. SPECIFIC CONDITIONS A. Prior to Final Map recordation, the applicant shall remove or modify the deck adjacent to the west of the existing residence to conform with the required 10 ft. setback (one side) of the R-8 zone to the satisfaction of the Community Development Department. B. The applicant shall make arrangements to provide a second water meter for the second lot and obtain quickclaim or other satisfactory remedy for the existing blanket water district easement to the satisfaction of the San Dieguito Water District prior to Final Map recordation. II. STANDARD CONDITIONS 1. GENERAL CONDITIONS A. This approval will expire in two years, on April 25, 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 here. CASE NUMBER: 89-158TPM TC/04/CRO9-784WP5 (4/19/91-1) Page 1 of 5 D. This approval shall become nuli and void if building permits are not issued for this project within two years from the date of project approval. If the applicant is not able to obtain building permits due to a growth management program within the two year period, this approval may be extended by the Director of Planning and Community Development to allow for the issuance of building permits. E. Permits from other agencies will be required as follows: Coastal Commission 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 paid prior to Final Map approval, as deemed necessary by the appropriate agency. B. Street names shall be approved by the City prior to the recordation of the final map, and street addresses shall be provided prior to the issuance of building permits. C. Any change to the natural drainage or concentration of drainage shall be adequately handled and shall not impact adjacent properties. APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 3. FIRE A. All two-way traffic aisles shall be a minimum of 24 feet wide and emergency access shall be provided, maintained free and clear, a minimum of 24 feet wide at all times during construction in accordance with Fire District requirements. B. 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. CASE NUMBER: 89-158TPM TC/04/CRO9-784WP5 (4/19/91-1) Page 2 of 5 C. New structures shall be protected by automatic fire sprinkler systems. Sprinkler systems shall be installed to the satisfaction of the Encinitas Fire Protection District. 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 PUBLIC WORKS DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 4. Gradinq Conditions A. No grading permits shall be issued for this subdivision prior to recordation of the final map. B. The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. C. The grading for this project is defined in 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. D. 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. E. All slopes within this project shall be no steeper than 2: 1. F. A soils/geological/hydraulic report (as applicable) shall be prepared by a qualified engineer licensed by the State of California to perform such work prior to building permit issuance. G. Prior to hauling dirt or construction materials to any proposed construction site within this project the developer shall submit to and receive approval from the City Engineer for the proposed haul route. The developer shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation. CASE NUMBER: 89-158TPM TC/04/CRO9-784WP5 (4/19/91-1) 3 Page 3 of 5 5. Drainaqe 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 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. 6. Street Conditions A. 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". B. Reciprocal access and maintenance and/or agreements shall be provided ensuring access to all parcels over private roads, drives or parking areas and maintenance thereof to the satisfaction of the Director of Public Works. CASE NUMBER: 89-158TPM TC/04/CRO9-784WP5 (4/19/91-1) 4 Page 4 of 5 C. 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. D. The design of all private streets and drainage systems shall be approved by the City Engineer prior to ISSUANCE OF ANY GRADING OR BUILDING PERMIT 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. 7. 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 Cable TV authorities. C. All proposed utilities within the project shall be installed underground including existing utilities unless exempt by the Municipal Code. 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. 8. MaD This project will be approved specifically as 1 (single) phase. CASE NUMBER: 89-158TPM TC/04/CRO9-784WP5 (4/19/91-1) 5 Page 5 of 5