1991-19
RESOLUTION NO. OE91-~
A RESOLUTION OF THE OLD ENCINITAS
COMMUNITY ADVISORY BOARD APPROVING A
TENTATIVE PARCEL MAP
TO ALLOW A FOUR LOT SUBDIVISION
OF A 2.15 NET ACRE PARCEL LOCATED
AT 916 NARDO RD. IN OLD ENCINITAS
(CASE NUMBER 91-159TPK)
WHEREAS, a request for consideration of a Tentative Parcel Map
was f~ed by Jack and Elizabeth Wurtz to allow a 4 lot subdivision
of an existing 2.15 net acre parcel in the R3 zone presently
containing one single-family residence (to rema in) in accordance
with Chapter 24 of the city of Encinitas Municipal Code, for the
property located at 916 Nardo Rd., legally described as:
A portion of the northwest Quarter of the Southeast Quarter of
section 15, Township 13 South, Range 4 west, San Bernadino
Meridian as evidenced in a deed recorded August 31, 1990 as
file number 478881 in the Office of the San Diego County
Recorder; and
WHEREAS, a public hearing was conducted on the application on
October 30, 1991 by the Old Encinitas Community Advisory Board,
and;
WHEREAS, the Community Advisory Board considered, without
limitation:
1. The staff report with attachments dated October 23, 1991;
2. The application and Tentative Parcel Map dated received
October 23, 1991; J
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 II A ")
NOW, THEREFORE, BE IT RESOLVED by the Old Encinitas Community
Advisory Board of the City of Encinitas that application 91-159TPM
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:
TC/91159TPM.RES (10-16-91) 1
This project was found to be exempt from environmental review in
accordance with Sect. 15315 of the California Environmental Quality
Act (CEQA) Guidelines which exempts Tentative Parcel Maps (4
parcels or less) in urbanized areas where no variances are required
and the average slope of the site is less that 20%.
PASSED AND ADOPTED this 30th day of October, 1991, by the
following vote, to wit:
AYES: Birnbaum, Cartwright, Lewis, Steyaert
NAYS: None
ABSENT: Cowen
ABSTAIN: None
vi ginia rtwright,
C l.rperson of the Old
cinitas Community
dvisory Board
ATTEST:
~ C:/ . ~/
~~ ¿ ,<:_.-L-<~ C:. --
Tom Curriden
Associate Planner
TC/91159TPM.RES (10-16-91) 2
l
ATTACHMENT "A"
FINDINGS FOR A TENTATIVE MAP (TITLE 24)
(case # 91-159TPM)
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 1.87
dwelling unit per acre density of the proposed subdivision is
consistent with the allowable density range of the R3 zone.
Subject to the specific condition requiring any further
subdivision of Parcel 4 to be in compliance with the Act and
the Municipal Code in accordance with Sect. 24.60.030 and 040
and standard conditions as set forth in the attached draft
resolution, the map will be in full compliance with the City's
General Plan and Subdivision Ordinance, as well as the 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 2.01- 3 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 (1.87 du/ac) can easily be facilitated
on site leaving ample building envelopes available for the
single-family homes and to comply with all City development
regulations.
e. That the design of the subdivision or the proposed
improvements are not likely to cause substantial
environmental damage or substantially or avoidably
TC/91159TPM.SR (10-23-91)
injure fish or wildlife or their habitat.
Evidence: Having identified no aspect of the subdivision which
could result in any significant adverse environmental impact,
staff have found the project 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%
and where no variance is requested.
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 not 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. No easements or other encumbrances are
indicated which would interfere with the map or future
development of the site. The resolution of approval is
conditioned to require the applicant to work with all
applicable utility authorities to provide necessary easements,
including that identified by the San Dieguito Water District
in their letter dated Oct. 18, 1991.
h. The' Final or Parcel Map is in substantial
compliance with the previously approved Tentative
Map.
Evidence: Not applicable for consideratîon of the Tentative
Parcel 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 complies with the conditions or
requirements imposed by this Title and Act.
TC/91159TPM.SR (10-23-91)
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 66747.4 of
the Act.
Evidence: Not applicable as the subject parcel is less that 10
acres in area.
I. The proposed subdivision is 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 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/91159TPM.SR (10-23-91)
RESOLUTION NO. OE91-~
CONDITIONS OF APPROVAL
ATTACHMENT "B"
Applicant: Wurtz
Case No: 91-159 TPM
Subject: 4-Lot Tentative Parcel Map
Location: 916 Nardo
I. SPECIFIC CONDITIONS
A. In accordance with sections 24.60.030 and
24.60.040, any future subdivision of parcels
resulting from this subdivision shall be subject to
and conform with all provisions of the Encinitas
Municipal Code, including findings to exceed mid-
range density where applicable.
B. The applicant shall provide easements or relocate
water meters, and otherwise comply with all
requirements set forth in the letter dated October
18, 1991 from and the San Dieguito Water District
to the satisfaction of that agency.
C. The applicant shall execute and record a covenant
setting forth the terms and conditions of this
approval prior to Final Map recordation.
II. STANDARD CONDITIONS
1. GENERAL CONDITIONS
A. This approval will expire in two years, on October
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 within 15 calendar days from the date of
this approval.
C. Approval of this request shall not waive compliance
with 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.
TC/03/CRO10-866wp51 (10-24-91-1) CASE NUMBER: 91-159TPM
Page 1 of 6
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 plan dated
received by the City of Encinitas on October 23,
and signed by a City Official as approved by the
Old Encinitas Community Advisory Board on October
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 I imi ted to: Permit and Plan Checking
Fees, School Fees, Water and Sewer Service Fees, Traffic Fees,
Drainage Fees, Housing In-Lieu 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. 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 PREVENTION DISTRICT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
3. FIRE
A. ACCESS ROADWAYS: The clear and unobstructed paved
width of a fire access roadway shall not be less
than twenty-four (24') feet. EXCEPTION: A roadway
providing access to a single family residence shall
not be less than sixteen (16') feet in paved width.
B. IMPACT FEES: The owner/developer shall sign a
covenant agreeing to pay to the Fire District a fee
to mitigate project impacts on Emergency Services.
C. Address 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.
TC/03/CROI0-866wp51 (10-24-91-1) CASE NUMBER: 91-159TPM
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D. structures shall be protected by automatic fire
sprinkler systems. Sprinkler systems shall be
installed to the satisfaction of the Encinitas Fire
Protection District.
E. 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:
All City Codes, regulations, and policies in effect at the time of
final map submittal shall apply.
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 unless a letter of permission is obtained
from the owners of the affected properties.
E. A separate grading plan shall be submitted and approved
and a separate grading permit issued for the borrow or
disposal site if located within the city limits.
F. All newly created slopes within this project shall be no
steeper than 2:1.
G. A soils/geological/hydraulic report (as applicable) shall
be prepared by a qualified engineer licensed by the State
TC/03/CRO10-866wp51 (10-24-91-1) CASE NUMBER: 91-159TPM
Page 3 of 6
of California to perform such work:
a. Prior to final map approval; or
b. At first submittal of a grading plan.
5. Drainaqe Conditions
A. 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.
B. 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.
C. Concentrated flows across driveways and/or sidewalks
shall not be permitted.
6. 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. 30 feet shall be dedicated by the developer along the
subdivision frontage for Nardo Road, based on a center
line to right-of-way width of 60 feet and in conformance
with City of Encinitas Standards.
C. 28 feet shall be dedicated by the developer along the
subdivision frontage for Melba Road, based on a center
line to right-of-way width of 56 feet and in conformance
with City of Encinitas Standards.
TC/03/CRO10-866wp51 (10-24-91-1) CASE NUMBER: 91-159TPM
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D. 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.
E. 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 1;aw,
improvements shown on the tentative map and the following
improvements to City Standards to the satisfaction of the
City Engineer:
Half imDrovements for a circulation element local section for
Nardo Road. and half imDrovements for an urban local for Melba
Road.
F. The developer shall obtain the City Engineer's
approval of the project improvement plans and enter into
a secured agreement with the City for completion of said
improvements prior to issuance of any building permit
within this project. The improvements shall be
constructed and accepted for maintenance by the City
Council prior to occupancy of any building permit for any
unit within the project. The improvements are:
Curb. sidewalk and 20 feet of Davement for Nardo Road. Curb.
sidewalk and 18 feet of Davement for Melba Road. Street lights
as required bv city standards. Drainaqe imDrovements as
necessary for the street imDrovements.
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
TC/03/CROI0-866wp51 (10-24-91-1) CASE NUMBER: 91-159TPM
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"
exempt by the Municipal Code.
D. The developer shall be responsible for the relocation and
undergrounding of existing public utilities, as required.
The existing overhead utilities fronting this property
will be required to be undergrounded.
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.
TC/03/CROI0-866wp51 (10-24-91-1) CASE NUMBER: 91-159TPM
Page 6 of 6
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