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1987-02 8 8 8 RESOLUTION NO.C-87-02 A RESOLUTION OF CARDIFF-BY-THE-SEA COMMUNITY ADVISORY BOARD APPROVING A TENTATIVE PARCEL HAP (TPK 18897) WHEREAS,proposed Tentative Parcel Map application for a division of a .92 acre lot at 1804 Oxford Avenue into three separate parcels of 16,758 square feet, 12,805 square feet, and 10,077 square feet and each parcel shall be limited to one single family residence thereon, WHEREAS, a public hearing was conducted on the application on June 24, 1987; and WHEREAS, the CAB considered: 1. The staff report dated June 24, 1987; 2 The Tentative Parcel Map dated and received March 2, 1987; written testimony submitted at the public hearing; and 3. 4. Oral testimony submitted at the public hearing; and WHEREAS, at said hearing the Cardiff-by-the-Sea CAB made the following findings: a. That the proposed map is consistent with applicable general and specific plans as specified in Section 65451 of the Subdivision Map Act. b. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. c. That the site is physically suitable for that type of development, in that the three parcels shall be limited to one single family residence thereon. d. That the site is physically suitable for the proposed density of development. e. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. LN/hz/CAB3-C28 8 f. That the design of the subdivision or type of improvements is not likely to cause serious public health problems. 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. g. NOW THEREFORE, BE IT RESOLVED that Tentati ve Parcel Map 18897 and the associated Negative Declaration of Environmental Impact are hereby approved subject to the following conditions: A. THE FOLLOWING CONDITIONS SHALL BE COMPLIED WITH BEFORE A PARCEL MAP IS APPROVED AND FILED WITH THE COUNTY RECORDER OF SAN DIEGO COUNTY. 1. ROAD DEDICATIONS AND IMPROVEMENTS PLANS (DPW) a. Offer to dedicate the right-of-way required to complete a thirty foot (30') wide, one-half right-of-way plus the right to construct and maintain slopes and drainage improvements as required beyond the thirty foot (30') limit for that portion within the land division for Oxford Avenue, including a 20-foot radius property line corner rounding at street intersection. The parcel map shall be prepared to show the offer being accepted. Offer to dedicate the right-of-way required to complete a thirty foot (30') wide, one-half right-of-way plus the right to construct and maintain slopes and drainage improvements as required beyond the thirty foot (30') limit for that portion within the land division for Brighton Avenue, including a 20-foot radius property line corner rounding at street intersections. The parcel map shall be prepared to show the offer being rejected. 8 b. c. d. 8 Offer to dedicate the right-of-way required to complete a thirty-foot (30') wide one-half right-of-way plus the right to construct and maintain slopes and drainage improvements as required beyond the thirty-foot (30' ) limit for that portion within the land division for Rossini Drive, including a 20 foot radius property line corner rounding at street intersection. The parcel map shall be prepared to show the offer being rejected. Any offer of dedication or grant of right-of-way shall be free of all encumbrances or subordinated at the time of recordation of the parcel map. LN/hz/CAB3-C28 8 2. 3. b. 8 c. d. e. e. The offers to dedicate the right-of-ways in sections a,b,c, and d above shall be accepted solely for the purpose of establ ishing setbacks for construction purposes. ROAD MAINTENANCE/COVENANTS/DEVELOPMENT FEES (DPW) a. The subdivider shall sign a covenant agreeing not to oppose formation of a road improvement and maintenance district. FACILITY/UTILITY ARRANGEMENTS (DPW) a. The subdivider shall comply with section 66436 of the Government Code by furnishing to the City Department of Public Works a certification from each public utility and each public entity owning easements within the proposed subdivision stating that: (a) they have received from the subdi vider a copy of the proposed parcel map without their signature. Plans and specifications for the installation of a sewer serving each lot must be approved by the Director of the Department of Public Works. The subdivider shall dedicate all necessary easements for that portion of the sewer system which is to be public sewer. The subdivider shall cause all of the land within this subdivision to be annexed to the Cardiff Sanitation District. A commitment to serve each parcel must be obtained from the Cardiff Sanitation District. No sewer commitment shall be issued until all conditions in this Resolution of Approval have been satisfied, the final map or parcel map, grading plan and improvement plan has been approved by the Department of Public Works and all fees and deposits paid and improvement security posted. B. THE FOLLOWING PUBLIC IMPROVEMENTS MUST BE COMPLETED OR A SECURED AGREEMENT EXECUTED, PRIOR TO RECORDING A PARCEL MAP. THE AGREEMENT REQUIRES POSTING OF SECURITY IN THE FORM OF A CASH DEPOSIT, IRREVOCABLE LETTER OF CREDIT OR AN INSTRUMENT OF CREDIT VALUED AT, OR MORE THAN THE ESTIMATED IMPROVEMENT COST. IT ALSO REQUIRES IMPROVEMENTS BE COMPLETED WITHIN 24 MONTHS FROM THE DATE OF RECORDING THE PARCEL MAP OR PRIOR TO THE ISSUANCE OF A PERMIT OR OTHER GRANT OF APPROVAL FOR THE DEVELOPMENT OF A PARCEL CREATED BY THIS MAP, WHICHEVER OCCURS FIRST UNLESS OTHERWISE NOTED. 8 4. FLOODING/DRAINAGE IMPROVEMENTS LN/hz/CAB3-C28 8 8' 6. 8 5. C. a. The subdivider shall pay flood control fees as established under City Council of Encinitas Resolution No. 87-19. FACILITY/UTILITY IMPROVEMENTS A. The subdivider shall install the sewer system and dedicate the portion of the sewer system which is to be publ ic sewer as shown on the approved plans and specifications. OTHER REQUIREMENTS 1. Prior to the approval of the Parcel Map by the Department of Public Works the subdivider shall provide the Department of Public Works with a copy of the deed by which the subject property was acquired and a Parcel Map report from a qualified title insurance company. At the time of recordation of the Parcel Map, the name of the person authorizing the map and whose name appears on the SURVEYOR's CERTIFICATE as the person who requested the map, shall be the name of the owner of the subject property and shall be the same party or parties as shown on the Tentative Parcel Map unless the Director of the Department of Planning and Land Use has approved the substitution of a successor-in-interest to such party or parties. 2. 3. Pr ior to the approval of the Parcel Map by the Department of Public Works with a copy of the deed by which the subj ect property was acquired and a Parcel Map report from a qualified title insurance company. Prior to approval of a Parcel Map the subdivider shall obtain a permit or exemption from the California Coastal Commission for the parcel which lies in whole or in part within the permit area of the coastal zone as defined in the California Coastal act of 1976. 4. WAIVER AND EXCEPTIONS a. This subdivision is hereby approved pursuant to the provisions of the State Subdivision Map act, the City Subdivision Ordinance, the City Public and Private Road Standards and all other ordinances of the City of Encinitas except for a waiver or modification of the: 1. City Subdivision Ordinance, Title 24 to dedicate and improve streets in accordance with City standards. This modification is granted because of the following reasons: (2) Previous waivers by the City Council in the LN/hz/CAB3-C28 8 8 8 immediate area. (b) The minor subdivision fronts on an established road in an established neighborhood. (c) It is unlikely that there will be any future road widenings by existing owners or by future development. (d) There are no curbs, gutters, sidewalks or road widening improvements in the immediate vicinity and widening the road to ultimate width would be inconsistent with existing roads in the area. NOTE: Within ten (10) calendar days after the date of final approval, these findings and conditions may be appealed in accordance with section 81. 615 of the Subdivision Ordinance to the Planning Commission. No parcel map shall be approved no grading permit issued and no building permits shall be issued pursuant to said tentative subdivision map until after the expiration of the tenth (10th) calendar day following final approval of these conditions, or if an appeal is taken, until the Planning Commission has acted. THE APPROVAL OF THIS TENTATIVE PARCEL MAP EXPIRES ON JUNE 24, 1990, AT 5:00 P.M. UNLESS, PRIOR TO THAT DATE, A REQUEST FOR A TIME EXTENSION HAS BEEN FILED AS PROVIDED BY SECTION 24.50.130 OF THE CITY SUBDIVISION ORDINANCE. PASSED this 24th day of June, 1987, AND ADOPTED by the following vote, to wit: Ayes: Boardmembers Hirsch, MacManus, Slater and Winkler. Nays: None Absent: Boardmembers Shannon Abstain: None ):?~ --Q t'\ ~ )-t .. -~ Richard MacManus, Chairman of the Community Advisory Board ATTEST: LN/hz/CAB3-C28 ~