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
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