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1991-12 RESOLUTION NO. OE91-12 A RESOLUTION OF THE OLD ENCINITAS COMMUNITY ADVISORY BOARD APPROVING A TENTATIVE PARCEL MAP AND LOT WIDTH VARIANCE TO ALLOW A FOUR LOT PLUS REMAINDER PARCEL SUBDIVISION OF A 1.92 ACRE PARCEL LOCATED WEST OF BALOUR DRIVE BETWEEN ENCINITAS BLVD. AND SAN ANDRADE STREET (CASE NUMBER 90-162TPM/V) WHEREAS, a request for consideration of a Tentative Parcel Map and lot width variance was filed by Mr. Marty Montgomery to allow a four lot plus remainder parcel subdivision of an existing 1.92 acre parcel with lot widths reduced from the required 70 ft. to 63.4 ft. in the R5 zone in accordance with Title 24 and Chapters 30.78 and 30.16 of the City of Encinitas Municipal Code, for the property located west of Balour Drive between Encinitas Blvd. and San Andrade st. (approx. 400 ft. south of Encinitas Blvd.), legally described as: All that portion of the Northeast Quarter of the Northwest Quarter of the Southwest Quarter of section 14, Township 13 South, Range 4 West, San Bernadino Meridian, in the County of San Diego, State of California according to united States Government Survey lying Northerly of the Northerly line of OAK KNOLLS UNIT NO. 1, according to the Map thereof No. 4246, filed in the Office of the County Recorder of San Diego County on July 2, 1959; and WHEREAS, a public hearing was conducted by the Old Encinitas Community Advisory Board on the application on October 11,1990 and May 30, 1991, and; WHEREAS, the Community Advisory Board considered: 1. The staff report with attachments dated October 11,1990; 2. The applications and Tentative Parcel Map dated received July 6, 1990 by the City as submitted by the applicant; 3. The draft negative declaration with associated materials from the Coleman Planning Group dated April 26, 1991; 4. Oral evidence submitted at the hearing; 5. written evidence submitted at the hearing; and WHEREAS, the Old Encinitas Community Advisory Board made the following findings pursuant to Chapters 24.01 and 30.78 of the Encinitas Municipal Code: (SEE ATTACHMENT "A") NOW, THEREFORE, BE IT RESOLVED by the Old Encinitas Community TC/90162TPM.RES (5-31-91) Advisory Board of the City of Encinitas that application 90- 162TPM/V 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 will result in no significant adverse environmental impacts and a Negative Declaration is hereby certified in accordance with the provisions of the California Environmental Quality Act (CEQA). PASSED AND ADOPTED this 30th day of May, 1991, by the following vote, to wit: AYES: Cartwright, Cowen, Lewis, Steyaert NAYS: None ABSENT: Birnbaum ABSTAIN: None ATTEST: ~ - ----;;;::::::' . "'-- é-~-~~ Tom Curriden Associate Planner TC/90162TPM.RES (5-31-91) . RESOLUTION NO. OE91-12 ATTACHMENT nAn FINDINGS FOR SUBDIVISION (CHAPTER 24.01) AND VARIANCE (CHAPTER 30.78) (Case No. 90-162TPM/V) Findings for a Tentative Map Pursuant to Sect. 24.01.080 of the City of Encinitas Municipal Code: a. 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 3.51 dwelling unit per acre density of ' the proposed subdivision is below and thus consistent with the allowable density range for the R5 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. 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 3.01 - 5 du/ac land use category in the Encinitas General Plan. c. The site is physically suitable for the type of development. Evidence: Most of the subject property is of a mild approx 4% 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. 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 TC/90162TPM.FIN (5-31-91) while conforming with all City development regulations. Building setback envelopes are depicted on the Map and illustrate that a minimum building envelope 32 ft. wide will be available on the lots, which will accommodate single-family development. e. 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. Evidence: A Negative Declaration has been prepared and certified in conjunction with this project which has found that subject to the mitigation measures incorporated into the project approval specified herein, the project will result in no significant adverse environmental impacts. The proj ect is not in an area where sensi ti ve natural resources are known to be present as delineated in the Resource Management Element of the City's General Plan (RM-32). f. The design of the subdivision or the type of improvements is not likely to cause serious public health problems. Evidence: The applicant will annex to the Cardiff Sanitation District prior to Final Map recordation, and all other public utilities and services are in place to serve the project. Therefore, the project is not likely to cause serious public health problems. g. 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 San Dieguito Water District will require and additional 6 ft. of easement along the north boundary of the westerly portion of the site. However, even with these easements, upon which the homes will not be allowed to encroach, a minimum building envelope 32 ft. wide will be available, which is sufficient for detached single-family homes and will prevent any conflict with those easements. h. The Final Map is in substantial compliance with the previously approved Tentative Map. Evidence: Not applicable for consideration of the Tentative Map. TC/90162TPM.FIN (5-31-91) 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. 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 annexed to the Cardiff Sanitation District prior to recordation of the Final Map, and thus will be served by off-site sewer facilities. Findings for a variance: What follows are the findings of fact the Board must make to approve the variance request pursuant to Zoning Ordinance Sect. 30.78.030: A. A variance from the terms of the zoning regulations shall be granted only when, because of the special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning regulations deprives such property of privileges enjoyed by other property in the vicinity and under the same zoning classification. TC/90162TPM.FIN (5-31-91) .. Evidence: The narrow, rectangular shape of the subject property makes it impossible ~o divide the property in accordance with present zoning while meeting the required 70 ft. lot width without creating undesirable panhandle lots or an easement road running from Balour. Were either of those strategies to be used, additional access points would be created and the continued operation of the greenhouse would probably not be possible. B. Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the same vicinity and zone in which such property is situated. Evidence: Surrounding residential lots in the same R5 zone, lying to the south and southwest of the subject property, were created by the Oak Knolls subdivision and are of a typical, uniform width of approx. 60 ft. Therefore, approval of the variance will not constitute a grant of special privilege. C. A variance will not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property. The provisions of this section shall not apply to use permits. Evidence: Use of the subject site for a single family residence is expressly allowed in the R11 zone and no other use will be authorized through this permit. D. No variance shall be granted if the inability to enjoy the privilege enjoyed by other property in the vicinity and under identical zoning classification: 1. Could be avoided by an alternate development plan which would be of less significant impact to the site and adjacent properties than the project requiring a variance. 2. Is self-induced as a result of an action taken by the property owner or the owner's predecessor; 3. Would allow such a degree of variation as to constitute a rezoning or other amendment to the zoning code; 4. Would authorize or legalize the maintenance of any public or private nuisance. TC/90162TPM.FIN (5-31-91) Evidence: (1) Alternative development strategies are available which could achieve the same density, but would result in inferior subdivision design. As was noted under finding (A) above, creation of panhandle lots or an easement road to Balour would cause undesirable additional access points along Balour. It is preferable to have lots front public streets where possible; Sect. 24.12.030 of the City's Municipal Code states that panhandle lots are to be avoided except "where necessary because of unusual conditions of terrain", not present in this instance. (2) The need for the variance is not the result of an action taken by the applicant or his predecessor. It is fundamentally the result of the unusually long, narrow configuration of the underlying parcel, which, in light of the development standards subsequently adopted, make the variance necessary. (3) The variance for a reduction in lot widths for 4 of the lots from 70 ft. to 63.4 ft. is minor in nature and is consistent in design with surrounding development, and thus will not constitute a rezoning or other amendment to the zoning code. (4) No public or private nuisance is in existence or at lssue. \ TC/90162TPM.FIN (5-31-91) CONDITIONS OF APPROVAL ATTACHMENT liB" Applicant: Montgomery Case No: 90-162 TPM/V Subject: Tentative Parcel Map and Variance Location: West of Balour between Encinitas Boulevard and San Andrade street I. SPECIFIC CONDITIONS A. The applicant shall execute and record an easement in favor of San Dieguito Water District to repair and maintain water pipes that will be across the northerly 21 ft. of the subject property from Balour Drive to the west boundary of the property. This easement must be found satisfactory by the San Dieguito Water District and recorded prior to final map recordation. B. The applicant shall initiate proceedings and annex to the Cardiff Sanitation District prior to final map recordation. C. Any further subdivision of the subject property shall require processing and recording a Tentative Map (major subdivision) in accordance with the State Map Act, including Section 66424.1. A covenant setting forth these conditions shall be executed and recorded prior to recordation of the Final Parcel Map. II. STANDARD CONDITIONS 1. GENERAL CONDITIONS A. This approval will expire in two years, on May 30, 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. TC/03/PF2-229wp5 (06-03-90/5) CASE NUMBER: 90-162 TPM/V Page 1 of 6 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. D. Permits from other agencies will be required as follows: Coastal Commission E. Project is approved as submitted/modified as evidenced by the Tentative Parcel Map received by the city of Encinitas on July 6,1990 and signed by a City Off icial as approved by the Old Encinitas Community Advisory Board on May 30, 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. APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 3. FIRE A. Prior to delivery of combustible building materials on site, water and sewer systems shall satisfactorily pass all required tests and be connected to the public water and sewer systems. In addition, the first lift of asphalt paving shall be in place to provide adequate, permanent access for emergency vehicles. Said access shall be maintained to the satisfaction of the Fire District. TC/03/PF2-229wp5 (06-03-90/5) CASE NUMBER: 90-162 TPM/V Page 2 of 6 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. C. 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. 4. BUILDING A. Prior to recordation of the final map, the applicant shall provide evidence of compliance with the Uniform Building code for property line clearances considering use, area and fire resistance of existing buildings. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 5. 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 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. TC/03/PF2-229wp5 (06-03-90/5) CASE NUMBER: 90-162 TPM/V Page 3 of 6 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 at first submittal of a grading plan. 6. Drainaae 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. Concentrated flows across driveways and/or sidewalks shall not be permitted. 7. 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 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. Ten 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. TC/03/PF2-229wp5 (06-03-90/5) CASE NUMBER: 90-162 TPM/V Page 4 of 6 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. The developer shall obtain the City Engineer's approval of the proj ect improvement plans and enter into a secured agreement with the City for completion of said improvements. The improvements shall be constructed and approved by the office of the City Engineer prior to final acceptance by city Council. The improvements shall include: a) Avenida De San Clemente: asphalt paving, concrete curb and gutter, standard street light and appurtenant surface improvements. b) Balour Drive: street widening to ultimate location shall include A.C. paving, concrete curb and gutter, sidewalk and appurtenant surface improvements. 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 on Balour Drive and sidewalk improvements on Avenida De San Clemente. F. The design of drainage systems shall be approved by the City Engineer prior to ISSUANCE OF ANY GRADING OR BUILDING PERMIT) for this project. The standard improvement plan check deposit is required. 8. utilities A. The developer shall comply with all the rules, . regulations and design requirements of the respecti ve 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. 9. Map This subdivision contains a remainder parcel. No building permit for any new dwelling units shall be issued for the TC/03/PF2-229wp5 (06-03-90/5) CASE NUMBER: 90-162 TPM/V Page 5 of 6 remainder parcel until it is further subdivided pursuant to the provisions of Title 24 of the Encinitas Municipal Code. This note shall be placed on the final map. TC/03/PF2-229wp5 (06-03-90/5) CASE NUMBER: 90-162 TPM/V Page 6 of 6