1989-03
RESOLUTION OE89-03
A RESOLUTION OF THE OLD ENCINITAS
COMMUNITY ADVISORY BOARD, CITY OF ENCINITAS
APPROVING A TENTATIVE PARCEL MAP TO ALLOW TO
TO CREATE A TWO LOT SUBDIVISION OF A .94
ACRE PARCEL LOCATED WEST OF BONITA DRIVE BETWEEN
MELBA AND REQUEZA
(CASE NUMBER 88-360TPM)
WHEREAS, a request for consideration of a Tentative Parcel Map
was filed by Mr.
Thomas Fortney to allow to create a two lot
subdivision of a .94 acre parcel as per Title 24 of the City of
Encinitas Municipal Codes, for the property located west of Bonita
Drive between Melba and Requeza, legally described as;
PARCEL 1: The southerly four-fifth of the south half of the
northeast quarter of the southeast quarter of the northeast
quarter of the southeast quarter of section 15, township 13
south, range 4 west, San Bernardino Meridian, in the County
of San Diego, State of California, according to united States
Government Survey approved April 19, 1881.
EXCEPTING therefrom the easterly 20 feet thereof.
PARCEL 2: An easement for driveway purposes over and across
the north 2800 feet of the southeast quarter of the southeast
quarter of the northeast quarter of the southeast quarter of
section 15, township 13 southern range 4 west, San Bernardino
Meridian, in the County of San Diego, State of California,
according to united States Government Survey approved April
19, 1881.
EXCEPTING therefrom the southerly 200 feet.
ALSO EXCEPTING therefrom the easterly 20 feet.
WHEREAS, a public hearing was conducted on the application on
February 9, 1989, and
WHEREAS, the Community Advisory Board considered:
1.
The staff report dated January 27, 1989;
2.
The application and plans submitted by the applicant;
3.
Oral evidence submitted at the hearing;
TC/05/CRO3-237wp5 (2-10-89)
WHEREAS, the Old Encinitas Community Advisory Board made the
following findings pursuant to section 24.01.080 of the Encinitas
Subdivision Ordinance:
SEE ATTACHMENT "A"
NOW, THEREFORE, BE IT RESOLVED by the Old Encinitas Community
Advisory Board of the City of Encinitas that Tentative Parcel Map
application 88-360 TPM 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:
(1)
This project was found to be exempt from environmental review,
section 15315;
PASSED AND ADOPTED this 9th day of February, 1989, by the
following vote, to wit:
AYES: Kauflin, Tobias, Couglar
NAYS: None
ABSENT: Steyaert
ABSTAIN: None
p.eLvv -). / 2~ l!-
v
Harry Couglar, Chairman of
the Old Encinitas Community
Advisory Board
ATTEST:
//~~ ~
~ c::r-':':;6!'-- - - -
. L- .
Tom Curr1den, Ass1stant Planner
TC/05/CRO3-237wp5 (2-10-89)
ATTACHMENT "A"
OLD ENCINITAS
COMMUNITY ADVISORY BOARD
RESOLUTION NO. OE89-03
(Findings Pursuant To section 24.01.080
Municipal Code For Subdivisions)
1.
The authorized agency makes any of the findings contained in
section 66474 of the Act.
(a)
That the proposed map is not consistent with applicable
general and specific plans as specified in Section 65451.
Evidence to Consider: The proposed density is consistent with
both the present #4 Residential General Plan designation (2.9
dwelling unit per acre) and Residential 3(2-3 dwelling units
per acre) designation contained in the Land Use Element of the
Draft General Plan.
(b)
That the design or improvement of the proposed
subdivision is not consistent with applicable general and
specific plans.
Evidence to consider: The resulting lots are consistent with
City of Encini tas design standards ~ and development of a
single family residence on each resulting lot is explicitly
allowed for under the present and future Draft General Plans.
( c)
That the site is not physically suitable for the type of
development.
Evidence to Consider: Subject to the standard conditions of
approval relating to drainage, both lots can easily
accommodate a single family residence.
(d)
That the site is not physically suitable for the proposed
density of development.
Evidence to Consider: Each resulting lot exceeds the minimum
lot area required in this low-density residential zone and can
easily accommodate a single family residence.
(e)
That the design of the subdivision or the proposed
improvements are likely to cause substantial
environmental damage or substantially and avoidably
injure fish or wildlife or their habitat.
Evidence to Consider: The subject site features a mild, even
slope away from the street and contains no significant
vegetation. The proposed subdivision was found to be
categorically exempt from environmental review pursuant to
section 15315 of the State CEQA Guidelines.
( f)
That the design of the subdivision or type of
improvements is likely to cause serious public health
problems.
TC/04/CRO5-219WP51(1-17-89)
7.
Evidence to consider: The applicant has obtained letters of
availability for both sewer and water service from the
respective authorized agencies.
That the design of the subdivison or the type of
improvements will confliect with easements, acquired by
the public at large, for access through or use of,
property within the proposed subdivision.
Evidence to Consider: utility and/or access easements exist
over the westerly 10 feet and southerly 28 feet of the subject
property, as shown on the proposed Tentative Map. However,
the proposed subdivision will not create a situation where
development will conflict with those easements.
(g)
2.
The final or parcel map is not in substantial compliance with
the previously approved tentative map. (Gov. Code 66474.1).
Evidence to Consider:
Not applicable.
3.
The city Council and the authorized agency have not taken
action in accordance with section 66474.5 of the Act relating
to land projects.
Evidence to Consider: The City Council has not reverted the
subj ect property to acerage in accordance with the cited
section.
4.
In accordance with 66473 and 66474.2 of the Act, the map does
not comply with the requirements or conditions impsoed by this
Title and the Act.
Evidence to Consider: The proposed subdivision complies with
all standards and plicies in effect at the time the
application was deemed complete as contained in the State Map
Act and Encinitas Subdivision Ordinance.
5.
The resulting parcels are too small to sustain agricultural
use in accordance with section 66474.4 of the Act.
Evidence to Consider:
Not applicable.
6.
The proposed subdivision is not entirely within the corporate
boundaries of the City.
Evidence to Consider:
City boundaries.
The subject site is entirely within
The property is served by an on-site sewage disposal system
and the Health Department has not certified that the system
is satisfactory to support the proposed subdivision.
Evidence to Consider: Development on the subject property
will be connected to sewer facilities in place.
TC/04/CRO5-219WP52(1-17-89)
ATTACHMENT "B"
RESOLUTION NO. OE89-03
88-360 TPM (Fortney)
II.
STANDARD CONDITIONS
APPLICANT SHALL CONTACT THB DEPARTMENT OF PLANNING AND
COMMUNITY DEVELOPMENT REGARDING COMPLIANCB WITH THE FOLLOWING
CONDITIONS (ITEMS A THROUGH H):
1.
GENERAL CONDITIONS
A.
E.
F.
G.
This approval will expire on February 9, 1991, after the
approval of this project unless the conditions have been
met or an extension has been approved by the authorized
agency ( agent) .
B.
This approval may be appealed to the authorized agency
(agent) within 10 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.
D.
Permits or findings of exemption shall be obtained from
other agencies as follows:
a.
Coastal Commission
For new residential dwelling unit(s) , the applicant shall
pay development fees at the established rate. Such fees
may include, but not be limited to: Permit and Plan
Checking Fees, School Fees, Water and Sewer Service Fees,
Traffic Fees, Drainage Fees, and Park Fees. Arrangements
to pay these fees shall be paid prior to (as applicable):
a.
Final map approval
Applicant shall submit to the Planning and Community
Development Department a security construction plan for
review and approval by the authorized agency (agent).
Said Plan shall identify any temporary fencing, temporary
parking and circulation, project access and the like.
Any change to the natural drainage or concentration of
drainage shall be adequately handled and shall not impact
adjacent properties.
H.
PARKING AND VEHICULAR ACCESS
Driveways shall meet the standards of the Zoning
Ordinance, Public Works Standards, and the off street
Parking Design Manual.
TC/04/CRO5-219WP54(1-17-89)
CASE NUMBER 88-360 TPM
PAGE 4 OF 7
LANDSCAPING
APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT
REGARDING COMPLIANCB WITH THB FOLLOWING CONDITIONS (ITEMS I
THROUGH K):
FIRE
J.
I.
Prior to delivery of combustible building materials on
site, water and sewer systems shall satisfactorily pass
all required tests and be connected to the public water
and sewer systems. In addition, the first lift of
asphalt paving shall be in place to provide adequate,
permanent access for emergency vehicles. Said access
shall be maintained to the satisfaction of the Encinitas
Fire Protection District.
All structures constructed on the subject lots shall be
fully sprinklered pursuant to Encinitas Fire Protection
District Standards.
K.
All two-way traffic aisles shall be a minimum of 24 feet
wide and emergency access shall be provided, maintained
free and clear, a minimum of 24 feet wide at all times
during construction in accordance with Encinitas Fire
Protection District requirements.
EXISTING STRUCTURE
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING
COMPLIANCB WITH THE FOLLOWING CONDITIONS: (ITEMS L THROUGH
Q) :
GRADING
L.
Grading of the subject property shall be in accordance
with the Grading Ordinance.
STREETS AND SIDEWALKS
M.
(The authorized agency may modify City standards in
particular cases. The application of a request for such
modification must show special circumstances or
conditions affecting the property in question; and that
such modification is necessary for the preservation and
enjoYment of a substantial property right of the
applicant; and that the modification will not be
materially detrimental to the public welfare or injurious
to other property in the immediate vicinity pursuant to
Municipal Code(s).)
Reciprocal access and maintenance and/or agreements shall
be provided ensuring access to all parcels over private
roads, drives or parking areas and maintenance thereof
to the satisfaction of the Director of Public Works.
TC/04/CRO5-219WP55(1-17-89)
CASE NUMBER 88-360 TPM
PAGE 5 OF 7
N.
O.
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.
An Irrevocable Offer of Dedication (1.0. D.) shall be made
for 10 feet along Bonita Drive adjacent to the property
for public right-of-way purposes.
DRAINAGB AND FLOOD CONTROL
Q.
P.
A drainage system capable of handling and disposing of
all surface water originating wi thin the development, and
all surface waters that may flow onto the development
from adjacent lands, shall be required. Said drainage
system shall include any easements and structures as
required by the Director of Public Works to properly
handle the drainage.
Concentrated flows across driveways and/or sidewalks
shall not be permitted.
APPLICANT SHALL CONTACT THE APPROPRIATE AGENCY REGARDING
COMPLIANCB WITH THE FOLLOWING CONDITIONS (ITEMS R THROUGH Z):
R.
UTILITIES
S.
T.
u.
v.
All proposed utilities within the project shall be
installed underground including existing utilities unless
exempt by the Municipal Code.
utility easements shall be provided to the specification
of the serving utility companies and the Director of
Public Works.
Final parcel and tract maps shall conform to City
standards and procedures and the Subdivision Map Act.
All provisions of the Subdivision Ordinance of the
Encinitas Municipal Code shall be met as they relate to
the division of land including the standard conditions
of approval as attached.
Prior to final map approval, all dedications shall be
made and easements granted as required above.
STANDARD
Code)
W.
MAP
(Chapter 24.16 of the Municipal
CONDITIONS
That the subdivider install or agree to install all
drainage and flood control structures and facilities
required by the City Engineer, which drainage and flood
control structures and facilities shall>, conform to the
City Standards and the General Plan.
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CASE NUMBER 88-360 TPM
PAGE 6 OF 7
x.
That the subdivider shall provide that the subdivision
be connected to a domestic water system approved by the
city and all water system facilities shall be subject to
the requirements of the water company or agency serving
the subdivision. That the subdivider shall install or
agree to install all required water systems necessary to
serve the subdivision, including fire hydrants and
connections as may be required, and that all water lines,
appurtenances and service connections have been
constructed or laid prior to paving or provisions have
been made to ensure said construction.
Y.
That, where a sewer facility is constructed or laid
within a street or road, the subdivider has installed or
agreed to install sewer facilities of a type, size and
location approved by the City Engineer to the property
line of each lot within the subdivision and that all
sanitary sewer lines, appurtenances and service
connections have been constructed or laid prior to paving
or provisions have been made to ensure said construction;
and that all sewer system facilities and construction
standards shall be subject to the requirements of the
agency providing service to the subdivision.
z.
That the subdivider comply or agree to comply with all
the conditions of approval contained in the resolution
approving the tentati ve tract map and not otherwise
provided for by this Chapter.
TC/O4/CRO5-219WP57(1-17-89)
CASE NUMBER 88-360 TPM
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