1989-30
.
.
.
RESOLUTION NO. OE89-30
A RESOLUTION OF THE OLD ENCINITAS
COMMUNITY ADVISORY BOARD APPROVING A
TENTATIVE PARCEL MAP
TO ALLOW A FOUR LOT SUBDIVISION OF AN EXIST-
ING 1.8 ACRE PARCEL LOCATED
AT 451 OCEAN VIEW AVENUE
(CASE NUMBER 88-341TPM/EIA)
WHEREAS,
was filed by
existing 1.8
of Encinitas
View Avenue,
a request for consideration of a Tentative Parcel Map
Mr. John McColl to allow a four lot subdivision of an
acre parcel in the R3 zone per Chapter 24 of the City
Municipal Code, for the property located at 451 Ocean
legally described as:
A portion of Lot 3, block "X" of Seaside Gardens Annex, in the
County of San Diego, State of California, according to the Map
thereof No. 1801, filed in the Office of the County Recorder on
August 6, 1924.
,
WHEREAS, a public hearing was conducted on the application on
December 14, 1989, and;
WHEREAS, the Community Advisory Board considered:
1. The staff report dated November 22,1989;
2. The application and tentative map submitted by applicant;
3. Oral evidence submitted at the hearing;
4. Written evidence submitted at the hearing; and
5. The Draft Negative Declaration with associated studies
performed by Brian F. Mooney and Associates; and
WHEREAS, the Old Encinitas Community Advisory Board made the
following findings pursuant to Chapter 23.08 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 88-
341TPM/EIA 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:
This project will not have a significant effect on the environment
and a negative declaration is hereby certified, pursuant to the
California Environmental Quality Act (CEQA).
.
.
.
PASSED AND ADOPTED this 14th day of December,
following vote, to wit:
1989, by the
AYES: Birnbaum, Kauflin, Rotsheck, Steyaert, Tobias
NAYS: None
ABSENT: None
ABSTAIN: None
r;)
//
I - L
(~~..~
Peter Tobias, Chairman of
the Old Encini tas Community
Advisory Board
ATTEST:
~~
Tom Curriden
Associate Planner
ATTACHMENT "A"
RESOLUTION NO. OE89-30
FILE #88-341 TPM/EIA
Findings for Tentative Parcel Map
To warrant any approval of a proposed subdivision, the
authorized agency makes the following findings pursuant to the
state Map Act and Title 24 of the Encinitas Municipal Code
(Subdivision Ordinance):
That the proposed map is consistent with applicable
general and specific plans as specified in Section
65451 of the Subdivision Map Act.
a.
Evidence: The property is also located in the
Scenic/Visual Corridor Overlay Zone, and is
consistent with the General Plan Policy 4.9 of the
Resource Management Element of the General Plan,
which calls for preservation of any significant
viewsheds or vista points, in that subdivision
design allows for future development to be
constructed so as not to conflict with any
significant viewsheds or vista points. As a
condition of approval, future development of the
property will be subject to design review to further
insure that such development is consistent with all
other General Plan Policies relating to residential
development in the R3 Zone.
There is no applicable Specific Plan.
b.
That the design or improvement of the proposed
subdivision is consistent with applicable general
and specific plans.
Evidence: Subsequent development on the proposed
lots will be detached single family residences, each
on a separate legal lot, as is explicitly permitted
in the R3 Zone under the City's General Plan.
The setbacks/building envelopes for each of those
homes is called out on the proposed map. These
envelopes are of sufficient area for single-family
development consistent with other homes in the area,
as demonstrated by a conceptual layout presented to
the board November 30, 1989 by Mr. Lou Dominy.
TC/03/CRO6-425WP51(12-4-89)
c.
d.
3.
That the site is physically suitable for the type
of development.
Evidence: The attached geologic reconnaissance
report provided with the application concluded that
future development on the property should follow
specif ied recommendations as to grading and
construction (p. 5). Those recommendations have
been incorporated in the mitigation program of the
proposed Negative Declaration. As was noted
earlier, an acoustical study was also prepared which
recommends certain measures be taken in the
construction of the homes to insure that interior
noise levels are within the normally acceptable
range identified in the City's General Plan.
Subject to these mitigation measures, staff has
identified no reason why the site cannot physically
facilitate single family residential development as
proposed.
That the site is physically suitable
proposed density of development.
for
the
Evidence:
The density proposed does slightly exceed the 2.5
dwelling unit/acre mid-range density of the R3 zone
at 2.56 dwelling units per acre. Therefore, the
Board makes the findings in accordance with Section
30.16.010 B(2) of the Zoning Ordinance as follows:
1.
No environmentally constrained land will be
threatened as the only such land, a small .08
acre portion of the site which exceeds a 25%
slope gradient, is protected by subdivision
design and will not be disturbed.
2.
The proj ect shows high sensi ti vi ty to the
neighboring properties and area to ensure
compatibility with land uses and community
character, because the lots are compatible in
size and design to other lots in the area,
which is also zoned R3.
The project design significantly exceeds the
minimum standards for development, in that (1)
the subdivision design allows preservation of
some of the existing mature trees on the
property and (2) that the design allows for
the most desirable (westerly) building site
for lot 4.
TC/03/CRO6-425Wp52(12-4-89)
h.
i.
4.
The project provides significant benefits in
that the applicant will pay twice the park
impact fees established by the City for such
development.
e.
That the design of the subdivision or the proposed
improvements are not likely to cause substantial
environmental damage or substantially and avoidable
injure fish or wildlife or their habitat.
Evidence: Staff and the City's designated
environmental consultant have prepared an Extended
Initial study and Draft Negative Declaration.
Subject to the mitigation measures contained
therein, staff has determined that the project will
result in no significant adverse environmental
impacts.
f.
That the design of the subdi vision or type of
improvements is not likely to cause serious public
health problems.
Evidence: The applicant has obtained letters of
availability for sewer and water service, and is
thus not likely to cause any serious public health
problems.
g.
That the design of the subdivision or the type of
improvements will conflict with easements, acquired
by the public at large, for access through or use
of, property within the proposed subdivision.
Evidence: The location of the sewer and access
easements on the subject site is such that
development of the property will not conflict with
those easements.
The final or parcel map is not in substantial
compliance with the previously approved tentative
map. (Gov. Code 6674.1).
Evidence:
Not applicable.
The City Council and the authorized agency have not
taken action in accordance with Section 66747.5 of
the Act relating to land projects.
Evidence: The City Council has not acted to revert
the subject property acreage.
TC/03/CRO6-425wp53(12-4-89)
m.
j.
In accordance with 66473 and 66474.2 of the Act,
the map does not comply with the requirements or
conditions imposed by this Title and the Act.
Evidence: This subdivision meets all standards of
the Act in effect at the time the application was
deemed complete.
k.
The resulting parcels are too small to sustain
agricultural use in accordance with Section 66747.4
of the Act.
Evidence:
Not applicable.
1.
The proposed subdivision is not entirely within the
corporate boundaries of the city.
Evidence to Consider: The subject property is
entirely within City boundaries.
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: The subject property will be served by
sewer lines presently in place along the east
boundary of the property fronting the 1-5 right-of-
way and with Ocean View due to the west of the
subject property.
TC/03/CRO6-425wp54(12-4-89)
Applicant:
Case No:
Subject:
Location:
I.
RESOLUTION NO. OE89-30
STANDARD CONDITIONS
ATTACHMENT "B"
McColl
88-341 TPM/EIA
4 Lot Tentative Parcel Map
451 Ocean View
SPECIFIC CONDITIONS
Prior to issuance of any grading or building permits, the
developer shall obtain a design review permit from the
authorized agency pursuant to condition II 2D contained
herein.
II.
STANDARD CONDITIONS
TC/04/CRO6-425wp55(12-5-89-1)
1.
D.
GENERAL CONDITIONS
A.
This approval will expire in two years, on December
14, 1991, at 5:00 p.m. unless the conditions have
been met or an extension has been approved by the
Authorized Agency.
B.
This approval may be appealed to the authorized
agency within 15 calendar days from the date of this
approval.
C.
Nothing in this permit shall relieve the applicant
from complying with the conditions and regulations
generally imposed upon activities similar in nature
to the activity authorized by this permit.
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 unless
specifically waived here.
CASE NUMBER:
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E.
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.
F.
permi ts from other agencies will be required as
follows:
Coastal Commission
G.
A Mitigation Monitoring and Reporting Program (MMRP)
as set forth in the mitigated Negative Declaration
from Brian F. Mooney Associates dated August, 1989
herein referenced, shall be established and funded
by the developer or property owner. The amount
necessary will be determined by the Directors of the
Public Works and Planning and Community Development
Departments prior to issuance of any permits on the
proj ect. Mi tigation measures set forth in that
negative are as follows:
As identified in the Initial study, the proposed
project as originally submitted, raised two
concerns; impacts to geology/soils and exposure of
people to significant noise levels. The applicant
has agreed to provide the following measures which
mitigate potential impacts to an acceptable level.
A.
GEOLOGY/SOILS
Prior to issuance of a grading permit:
0
The applicant shall retain a qualified
geologist to prepare a geotechnical report.
This report shall include an evaluation of the
subsurface soil conditions and slope stability,
and include associated recommendations for
development of the site.
0
The applicant shall submit grading and/or
foundation plans to the project geotechnical
consultant for review once they are finalized.
Additional recommendations may be made at that
time.
Prior to issuance of a building permit:
0
A qualified engineering geologist shall inspect
any cut slopes which are generated as part of
CASE NUMBER: 89-
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TC/03/CRO6-425wp56(12-4-89)
the development of the site, in order
evaluate their as-graded conditions.
to
0
On-site fill and residual soil that are not
removed by planned grading shall be removed
and recompacted, if the soils are acceptable
for fill.
0
The applicant shall retain a qualified
engineering geologist or geotechnical engineer
to inspect all foundation excavations prior to
the placement of steel or poring of concrete
in order to document the actual field
conditions and provide recommendations.
B.
NOISE
Prior to issuance of a building permit, plot plans
shall be reviewed by a qualified acoustical engineer
in order to:
0
determine whether an acoustical barrier would
be effective in reducing exterior noise levels;
if yes, the barrier will be installed according
to the engineers specifications;
0
assure that mechanical ventilation is provided
for residential units on parcels 3 and 4 to
allow for closed-window conditions;
0
certify, based on future noise conditions, that
interior noise levels will not exceed 45 dB-A
CNEL.
Architectural design/construction techniques may
include but are not limited to the following:
0
Position entrances opposite the freeway;
0
Minimize window areas facing freeway;
0
utilize thicker exterior walls;
0
Insulate exterior walls;
0
Use solid core/weather stripped doors;
0
Install laminated or duel-glazed windows.
CASE NUMBER: 89-
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TC/03/CRO6-425wp57(12-4-89)
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND COMMUNITY
DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
2.
D.
3.
FIRE
A.
SITE DEVELOPMENT
A.
Prior to recordation of any Final Map, all
conditions of approval contained herein shall be
completed to the satisfaction of the Director of
Planning and Community Development.
B.
For new residential dwelling unites), 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, Traff ic Fees, Drainage Fees,
and Park Fees. Arrangements to pay these fees shall
be paid prior to:
Final map approval
Note: Park fees shall be twice the established rate
as a condition of project approval.
C.
Any change to the natural drainage or concentration
of drainage shall be adequately handled and shall
not impact adjacent properties.
The parcels shall be developed as custom lots and
shall only provide grading necessary to construct
a standard single family dwelling unit and required
parking. All structures shall be built into the
contours of each lot to the extent possible. Design
Review and Environmental Review shall be required
for the design of the homes, all fences and walls,
landscaping, noise attenuation measures, the
secondary access roadway required, and the grading
of the lots. A standard covenant specifying this
condition shall be recorded in the Office of the
County Recorder to give constructive notice to
future purchasers of the site prior to recordation
of Final Map.
Structures shall be protected by automatic fire
sprinkler systems. Sprinkler systems shall be
installed to the satisfaction of the Encinitas Fire
Protection District.
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4.
B.
Prior to final recordation, the applicant shall
submit a letter from the Fire District stating that
all development impact, plan check and/or cost
recovery fees have been paid or secured to the
satisfaction of the District.
BUILDING
A.
Provide compliance with the Uniform Building code
for property line clearances considering use, area
and fire resistance of existing buildings.
B.
Existing building(s) shall be made to comply with
current building and zoning regulations for the
intended use or the building shall be demolished
with appropriate permits.
C.
Prior to the building department approving the
connection to the buildings to the private sewer or
water systems located in the private right of way,
the civil engineer responsible for the design and
the inspector responsible for the system inspection
must certify in writing to the Director of Public
Works that the sewer and/or water systems were
designed and constructed in accordance with the
utility district or agency standards for public
systems.
APPLICANT SHALL CONTACT THE COMMUNITY SERVICES DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
5.
GRADING
A.
B.
Grading of the subject property is defined by
Chapter 23.24 of the Encinitas Municipal Code.
Grading shall be performed under the observation of
a registered 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 compliance with Chapter 23.24
of the Encinitas Municipal Code.
A soils/geological/hydrolic report (as applicable)
shall be prepared by a qualified engineer licensed
by the state of California to perform such work:
At first submittal of a grading plan.
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TC/03/CRO6-425wp59(12-4-89)
G.
H.
6.
C.
The final grading plan shall be a subject to review
and approval by the Public Works Department and
shall be completed prior to issuance of building
permits.
D.
No grading permits shall be issued for this
subdivision prior to the developer obtaining a
Design Review Permit.
E.
The developer shall obtain a grading permit prior
to the commencement of any clearing or grading of
the site.
F.
A drainage system capable of handling and disposing
of all surface water originating within the
subdivision, and all surface waters that may flow
onto the subdivision from adjacent lands, shall be
required. Said drainage system shall include any
easements and structures as required by the City
Engineer to properly handle the drainage.
The owner of the subject property shall execute a
hold harmless covenant regarding drainage across
the adjacent property prior to approval of THE FINAL
MAP for this project.
All slopes within this project shall be no steeper
than 2:1.
STREETS AND SIDEWALKS
(The authorized agency may modify City Standards in
particular cases. The application of a request for such
modif ication 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 Section 24.01.180.)
A.
A registered civil Engineer or a licensed land
surveyor shall provide a signed statement that:
"The existing private roads of access to the project
are within the easements for the benefit of the land
division".
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TC/03/CRO6-425wp510(12-4-89)
TC/03/CRO6-425wp511(12-4-89)
G.
B.
Recorded reciprocal access and/or maintenance
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.
C.
The private easement road shown on the approved map
shall be an unobstructed road.
D.
Plans, specifications, and supporting documents for
all improvements shall be prepared to the
satisfaction of the City Engineer. Prior to
approval of the final map, the Subdivider shall
install, or agree to install and secure with
appropriate security as provided by law,
improvements shown on the tentati ve map and the
following improvements to ci ty Standards to the
satisfaction of the City Engineer: The private road
of access to all 4 parcels shown on the approved map
shall be improved to meet standards for private
roads. (100 trips or less classification).
E.
Prior to any work being performed in the public
right-of-way, a right-of-way construction permit
shall be obtained from the Department of Public
Works and appropriate fees paid, in addition to any
other permits required.
F.
An Irrevocable Offer of Dedication (I.O.D.) shall
be made for 10 feet along Ocean View adjacent to
the property for public right of way purposes.
Ocean View is classified as a local street requiring
a 60 foot right of way or 30 feet from the official
centerline of such street.
The developer shall make an offer of dedication to
the City for all public streets and easements
required by these conditions or shown on the
tentati ve map. The offer shall be made by a
certificate on the final map for this project. All
land so offered shall be granted to the city free
and clear of all liens and encumbrances and without
cost to the city. Streets that are already public
are not required to be rededicated.
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.
CASE NUMBER: 89-
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Prior to close of escrow, the developer shall
require that the prospective property owners sign
and return the following statement to the City of
Encinitas Department of Planning and Community
Development:
"In purchasing the home on Lot , I
am aware of and understand that I am agreeing not
to oppose the formation of an assessment district
to fund the installation of right of way
improvements."
H.
All private roads within the project site are to be
improved to the City of Encinitas private road
standards.
I.
The design of all private streets and drainage
systems shall be approved by the City Engineer prior
to (APPROVAL OF THE FINAL MAP for this project. The
structural section of all private streets shall
conform to City of Encinitas Standards based on R-
value tests. All private streets and drainage
systems shall be inspected by the City prior to
ISSUANCE OF ANY BUILDING OR GRADING PERMIT) for this
project. The standard improvement plan check and
inspection deposit is required.
J.
Approval of this tentative tract map shall expire
twenty-four months from the date of the authorized
agency approval unless a final map is recorded. An
extension may be requested by the applicant. Said
extension shall be approved or denied at the
discretion of the authorized agency. In approving
an extension, the authorized agency may impose new
conditions and may revise existing conditions.
7.DRAINAGE AND FLOOD CONTROL
A.
A drainage system capable of handling and disposing
of all surface water originating within the
subdivision, and all surface waters that may flow
onto the subdivision 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.
CASE NUMBER: 89-
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TC/03/CRO6-425wp512(12-4-89)
APPLICANT SHALL CONTACT THE APPROPRIATE AGENCY REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
8.
G.
9.
UTILITIES
A.
The developer shall comply with all the rules,
regulations and design requirements of the
respective sewer and water agencies regarding
services to the project.
B.
The Subdivider shall provide separate sewer, water,
gas, and electric services with meters to each of
the units.
C.
The developer shall be responsible for coordination
with S.D.G. & E., Pacific Telephone, and Cable TV
authorities.
D.
All proposed utilities within the project shall be
installed underground including existing utilities
unless exempt pursuant to the Municipal Code.
E.
utility easements shall be provided to the
specification of the serving utility companies and
the Director of Public Works.
F.
Water, sewer, and fire protection systems plans
shall be designed and constructed to meet
requirements of the City of Encinitas, Fire District
Appropriate Agency and the Health Department of the
County of San Diego.
Cable television services shall be provided and
installed underground. The developer shall notify
the Cable company when trenching for utilities is
to be accomplished. A permit shall be obtained from
the Public Works Department for any work to be done
within the public right of way.
A.
GENERAL REQUIREMENTS AND APPROVALS
TC/03/CRO6-425wp513(12-4-89)
B.
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
Encini tas Municipal Code shall be met as they relate
to the division of land including the standard
conditions of approval as attached unless
specifically waived herein.
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c.
Prior to final map approval, all dedications shall
be made and easements granted as required above.
TC/03/CRO6-425wp514(12-4-89)
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