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1992-10 RESOLUTION NO. OE92-10 A RESOLUTION OF THE OLD ENCINITAS COKKUNITY ADVISORY BOARD APPROVING A TENTATIVE PARCEL MAP TO CREATE 2 LOTS APPROXIMATELY 4,100 NET SQ FT EACH IN THE R-11 ZONE FOR PROPERTY LOCATED AT 956 CORNISH AVENUE (CASE NUMBER 92-024 TPM) WHEREAS, a request for consideration of a Tentative Parcel Map was filed by Mr. Jay Swope and Ms. Virginia cartwright to permit the subdivision of an existing 8,230 net sq ft lot into 2 lot approximately 4,100 net sq ft each per Chapters 30.16 and 24.50 of the City of Encinitas Municipal Code, for the property located at 956 Cornish Avenue, legally described as: Lot 22 and that portion of Lot 21 lying southerly of a line which is parallel with and ten feet northerly of the southerly line of said Lot 21, of subdivision of Block "9" East of the California Southern Railroad, in Encinitas, made by Samuel F. smith in the County of San Diego, state of California, according to Map thereof No. 38, filed in the Office of the County Recorder of San Diego County, January 11, 1887. WHEREAS, public hearings were conducted on the application on May 11, 1992; WHEREAS, the community Advisory Board considered: 1. The staff report dated May 4, 1992; 2. The application, Tentative Parcel Map, Slope Analysis and preliminary Geotechnical Study prepared by GeoSoils, Inc. dated . February 27, 1992 submitted by the applicant dated received March 24, 1992; 3. Oral testimony from staff, applicant, and public made a part of the record at said public hearing; 4. Additional written documentation. WHEREAS, the Old Encinitas Community Advisory Board made the following findings pursuant to Chapter 24.50 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 92-024 TPM is hereby approved subject to the following conditions: (SEE ATTACHMENT" B") MN\92024TPM.SR (5-4-92) 5 I 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 under section 15315 of the state CEQA Guidelines. PASSED AND ADOPTED this 11th day of May 1992, by the following vote, to wit: AYES: Steyaert, Cowen, Lewis NAYS: None ABSENT: Cartwright, Birnbaum ABSTAIN: None %LL fo.t.- Adam Birnbaum, Vice- Chairperson of the Old Encinitas community Advisory Board ATTEST: ......-- ~ --...=.. ~ ~ Tom Curriden Associate Planner MN\92024TPM.SR (5-4-92) 6 RESOLUTION NO. OE92-10 ATTACHMENT "A" CITY OF ENCINITAS FINDINGS FOR A TENTATIVE MAP (TITLE 24) (Case # 92-024 TPM) 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. Facts: There is no specific plan adopted at this time. The General Plan allows a density range of 8.01-11 dwelling units per acre in the Residential 8-11 (R11) designation. Discussion: The project density is 10.5 dwelling units per net acre, within the allowable density range of the Rll Zone (8.01-11 dwelling units per acre). Since this project is a minor subdivision, there are no additional required findings to exceed mid-range density. Conclusion: The Board finds that the proposed map is consistent with the General Plan subject to the required specific and standard conditions contained in the approved resolution, and that no specific plan is applicable. b. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. Facts: Chapter 24.12 of the Municipal Code sets forth design standards for subdivisions and Chapter 30.16 of the Municipal Code sets forth technical standards, such as lot width and depth requirements, in the R11 zone. Discussion: There are no specific design plan for this subdivision. The proposed lot dimensions, area, and all other design criteria satisfy City standards for the Rll zone contained in Chapters 24.12 and 30.16 of the Encinitas Municipal Code. Conclusion: The Board finds that the project conforms to the General Plan since all technical requirements are met per the City's Subdivision Ordinance and Municipal Code. MN\92024TPM.SR (5-4-92) 7 c. That the site is physically suitable for the type of development. Facts: No constraints or impediments to the development have been identified in any of the information or reports submitted with the application. Discussion: The site has been previously graded and retaining walls have been constructed on different portions of the property, therefore, there no natural slopes remaining. The topography of the site is such that it can be used for single-family development without significant grading or other alterations to the site. The preliminary soils report and all other documentation submitted with the application do not identify any constraints which would limit use of the property beyond that proposed with incorporation of standard grading techniques and precautions required by the city. Conclusion: The Board finds that the subject site is physically suitable for. future development with 2 single- family detached homes since no major alterations to the site are necessary to accommodate that use and no other development constraints have been identified. d. That the site is physically suitable for the proposed density of development. Facts: The project will result in a density of 10.5 dwelling units per acre. The R11 Zone allows a density of up to 11 dwellings per acre. Discussion: The project density is within the allowable range for the zone. In addition, review of the design of the Tentative Parcel Map indicates that 2 single-family detached homes can easily be accommodated within the setback envelopes of every lot resulting from the subdivision should the developer choose to remove the existing residence from the 20 ft front yard setback. Conclusion: The Board finds that the proposal will result in an acceptable density since the project density will be within the allowed range and project design indicates that ample building envelopes will result for the single-family detached development proposed and permitted in the R11 zone. 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. 8 Facts: The project is categorically exempt from environmental review per Section 15315 of the California Environmental Quality Act. Discussion: Since this project is exempt from environmental review per Section 15315 of CEQA, no significant impacts on the environment are found as the result of approval of this subdivision. conclusion: The Board finds that the approval of this project will result in no significant environmental impacts to the community. . f. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. Facts: Public health problems could result if adequate public utilities were not available to serve the project. Discussion: The applicant has obtained letters of availability for all public utilities and services to serve the project. Conclusion: The Board finds that all necessary services can be provided for the subdivision. Since no other adverse health impacts can be identified with the project, the subdivision is not likely to cause any adverse health impacts. 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. Facts: All easements of record are required to be identified on the tentative map. Discussion: No easements have been identified on the subject property with which homes located within the resulting setback envelopes would conflict. Conclusion: The Board finds that the proposed subdivision will have no conflict with any easements since no easements have been identified on the subject property with which the proposed map or subsequent development would conflict. h. The Final or Parcel Map is in substantial compliance with the previously approved Tentative Map. Conclusion: Not applicable for consideration of the Tentative Parcel Map. 9 i. The City Council and the authorized agency have not acted in accordance with section 66747.5 of the act relating to land projects. Conclusion: The City Council has not acted to revert the subject property to acreage. j. In accordance with sections 66473 and 66472.5 of the Map Act, the Map complies with the conditions or requirements imposed by Title 24 and the Map Act. Facts: The subdivision is required to meet all Map Act and Municipal Code standards in effect at the time the application was deemed to be complete. Discussion: Staff and the Board have identified no provisions of The Act (in effect at the time the application was deemed to be complete) with which this proposed tentative parcel map would not comply. The map complies with all standards contained in Title 24 of the Municipal Code, including the design standards contained in Chapter 24.12 relating to lot width, depth, area, etc. Conclusion: The Board finds that the proposed subdivision meets all the Map Act and Municipal Code standards in effect at the time the application was deemed to be complete. k. The proposed subdivision is entirely within the corporate boundaries of the City. Conclusion: The subject property is entirely within City boundaries. 1. 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. Facts: The project is presently served by sewer facilities. Conclusion: The Board finds that the project is presently served by off-site sewer facilities in place and available to the property. 10 ATTACHMENT "B" Resolution No. OE92-10 Case No. 92-024 TPM Applicant: Cartwright/Swope Conditions: A. Buildina Deoartment: 1. Plans shall be submitted to the Building Department for plan check approval. A complete plan check will be done when plans are submitted to the Building Department. B. Fire De~artment: 1. Prior to building permit issuance, applicant shall submit a statement from the Fire District to the Community Development Department indicating that all development impact, plan check and/or cost recovery fees have been paid. 2. Address numbers shall be clearly visible from the street fronting the structure. The height of the numbers shall conform to the Fire District standards. Where structures are located off a roadway on long driveways, a monument marker shall be placed at the entrance where the driveway intersects the main road. Permanent numbers shall be affixed to this monument. 3. structures shall be protected by an automatic fire sprinkler system. Sprinkler systems shall be installed to the satisfaction of the fire District. C. Engineerina: 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 tentative map submittal shall apply. Gradina Conditions 1. The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. 2. The grading for this project is defined in Chapter 23.24 of the Encini tas 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 11 compliance with Chapter 23.24 of the Encinitas Municipal Code. 3. No grading shall occur outside the limits of the PROJECT unless a letter of permission is obtained from the owners of the affected properties. 4. 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. 5. All newly created slopes within this project shall be no steeper than 2:l. 6. 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; or at first submittal of a grading plan. 7. 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. Drainaae Conditions 8. 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. 9. A drainage system capable of handling and disposing of all surface water originating within the project, and all surface waters that may flow onto the project from adj acent lands, shall be required. Said drainage system shall include any easements and structures as required by the City Engineer to properly handle the drainage. 12 10. Concentrated flows across driveways and/or sidewalks shall not be permitted. street Conditions 11. 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: 1. Construct concrete curb and gutter. 2. Construct concrete sidewalk. 3. Construct concrete drive approach. 4. Construct asphalt paving to join existing street. 12. 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. utilities 13. The developer shall comply with all the rules, regulations and design requirements of the respective utility agencies regarding services to the project. 14. The developer shall be responsible for coordination with S.D.G. & E., Pacific Telephone, and Cable TV authorities. 15. All proposed utilities within the project shall be installed underground including existing utilities unless exempt by the Municipal Code. 16. The developer shall be responsible for the relocation and undergrounding of existing public utilities, as required. Map None. E. SITE DEVELOPMENT: 1. For new residential dwelling units, the applicant shall pay development fees at the established rate. Such fees may include, but are not limited to: Permit and Plan Checking Fees, School Fees, Water and Sewer Service Fees, Traffic Fees, Drainage Fees, inclusionary housing, and Park Fees. Arrangements to pay these fees shall be paid prior to Final Map approval as deemed necessary by the appropriate agency. 13 2. Any change to the natural drainage or concentration of drainage shall be adequately handled and shall not impact adjacent properties. 3. This approval will expire in two years on May 11, 1994, at 5:00 p.m. unless the conditions have been met or an extension has been approved. 4. Permits or findings of exemption shall be obtained from the state Coastal Commission and any other applicable Government Agencies. 5. A proponent or protestant of record may appeal a final decision of the hearing body by filing the appeal within fifteen (15) calendar days of the hearing body's decision pursuant to Chapter 1.12 of the Encinitas Municipal Code. 6. Approval of this request shall not waive compliance with any sections of the Zoning Code and all other applicable City Ordinances in effect at the time of Building Permit issuance unless specifically waived here. 7. The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, Uniform Fire code, and all other applicable codes and ordinances in effect at the time of building permit issuance unless specifically waived here. 8. Project is approved as submitted/modified as evidenced by the plan dated received by the city of Encinitas on March 24,1992 and signed by a City Official as approved by the Old Encinitas Community Advisory board on May 11, 1992 and shall not be altered without Planning and Community Development review and approval except as noted in condition D9 below. 9. The lot line between the two proposed lots shall be adjusted so as to ensure that the net lot area of both lots is equal to or greater than 3,950 net sq ft. 14