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:
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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
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