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.
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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.
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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.
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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
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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.
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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.
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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.
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