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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: Page 89- of 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- Page _of 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- Page ----of 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. CASE NUMBER: 89- Page ----of TC/03/CRO6-425wp58(12-4-89) 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. CASE NUMBER: 89- Page ----of 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". CASE NUMBER: 89- Page ----of 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- Page ----of 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- Page ----of 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. CASE NUMBER: Page 89- of c. Prior to final map approval, all dedications shall be made and easements granted as required above. TC/03/CRO6-425wp514(12-4-89) CASE NUMBER: Page 89- of