1987-02
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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.
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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.
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b.
c.
d.
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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.
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2.
3.
b.
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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.
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4.
FLOODING/DRAINAGE IMPROVEMENTS
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8'
6.
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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
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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
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