1990-02
RESOLUTION NO. OE90-02
A RESOLUTION OF THE OLD ENCINITAS
COMMUNITY ADVISORY BOARD APPROVING A
TENTATIVE PARCEL MAP
TO ALLOW A TWO LOT SUBDIVISION
OF A .94 ACRE PARCEL LOCATED
AT 778 BRACERO ROAD IN OLD ENCINITAS
(CASE NUMBER 89-287TPM)
WHEREAS, a request for consideration of a Tentative Parcel Map
was filed by Sam and Barbara Tracer to allow a two lot subdivision
of an existing .94 acre parcel in the R3 zone in accordance with
Chapter 24 of the City of Encinitas Municipal Code, for the
property located at 778 Bracero Road, legally described as:
The north 130 ft. of the southeast quarter of the northwest
quarter of the northeast quarter of the southeast quarter of
Section 15, Township 13 South, Range 4 West, San Bernadino
Meridian; and
WHEREAS, a public hearing was conducted on the application on
March 15, 1990, and;
WHEREAS, the Community Advisory Board considered:
1. The staff report with attachments dated March 1,1990;
2. The application and Tentative Parcel Map dated received
February 16, 1990 by the City as submitted by the
applicant;
3. Oral evidence submitted at the hearing;
4. Written evidence submitted at the hearing; and
WHEREAS, the Old Encinitas Community Advisory Board made the
following findings pursuant to Chapter 24.01.080 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 89-287TPM
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 was found to be exempt from environmental review in
accordance with Sect. 15315 of the California Environmental Quality
Act (CEQA) Guidelines.
TC/04/MS12-1459WP5
(3-2-90)
A:89034TPM.RES
PASSED AND ADOPTED this
following vote, to wit:
15th day of March,
1990,
by the
AYES: Birnbaum, Rotsheck, Tobias, Townsend
NAYS: None
ABSENT: Steyaert
ABSTAIN: None
ATTEST: ~
~~
Tom Curriden
Associate Planner
TC/04/MS12-1459WP5
(3-2-90)
?4~. f)~
Peter Tobias, Chairman of
the Old tncini tas Community
Advisory Board
A:89034TPM.RES
.
RESOLUTION NO. OE90~2
ATTACHMENT "A"
FINDINGS FOR SUBDIVISION (TITLE 24)
(Case No. 89-287TPM)
Findings for a Tentative Map Pursuant to Sect. 24.01.080 of
the City of Encinitas Municipal Code:
a.
That the proposed map is consistent with applicable
general and specific plans as specified in Section
65451 of the Subdivision Map Act.
Evidence: There is no applicable specific plan. The 2.2
dwelling unit per acre density of the proposed
subdivision is below and thus consistent with the
allowable density range for the R3 zone, and is thus
consistent with that zone. Subject to the attached
standard conditions, the map will be in full compliance
with the City's Subdivision Ordinance and State Map Act.
.
b.
That the design or improvement of the proposed
subdivision is consistent with applicable general
and specific plans.
Evidence: Detached single family type homes are expressly
allowed for in the Residential 2.01 - 3 dujac land use
category in the Encinitas General Plan.
c.
That the site is physically suitable for the
of development.
type
Evidence: Most of the subject property has a mild slope
downward to the west. Based also upon the preliminary
soils report submitted with the application, the site is
suitable physically for the detached single-family type
of development proposed.
d.
That the site is physically suitable
proposed density of development.
for
the
.
Evidence: Project design demonstrates that the proposed
density of development can easily be facilitated on site
while conforming with all City development regulations.
Single family homes can easily be situated on the
property while observing required setbacks and other
technical development standards.
e.
That the design of the subdivision or the proposed
improvements are not likely to cause substantial
environmental damage or substantially or avoidably
injure fish or wildlife or their habitat.
Evidence: Staff have found the proposal to be
categorically exempt from environmental review under
Sect. 15315 of CEQA, as no potentially significant impact
has been identified which would warrant further review.
The project is not in an area where sensitive natural
resources are known to be present as delineated in the
Resource Management Element of the City's General Plan
(RM-32) .
f.
That the design of the subdivision or the type of
improvements is not likely to cause serious public
health problems.
Evidence: The applicant has obtained letters of sewer and
water availability and all public utilities and services
are in place to serve the proj ect. However, a sewer
easement has been required to enable the front parcel to
connect to the existing sewer line running to the
southwest corner of the property. with such provision
made, the project is not likely to cause 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: All public/other easements traversing the site
are shown on the Tentative Map submitted, with which
neither the subdivision nor any potential future
development will conflict. No prescriptive or other
easements are in evidence.
h.
The Final or Parcel Map is not in substantial
compliance with the previously approved Tentative
Map.
Evidence: Not
Tentative Map.
i.
applicable
consideration
for
of
the
The city council and the authorized agency have not
acted 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 to acreage.
j.
In accordance with Sections 66473 and 66472.5 of the
Act, the Map does not comply with the conditions or
requirements imposed by this Title and Act.
Evidence: The subdivision meets all Map Act standards in
effect at the time the application was deemed to be
complete.
k. The resulting parcels are too small to sustain
agricultural use in accordance with section 66474.4 of
the Act.
Evidence: Being less than 40 acres in area, the land is
presumed too small for agricultural use as defined under
Sect. 66474.4 (a) of The Act.
I. The proposed subdivision is not entirely within the
corporate boundaries of the city.
Evidence: The subject property is entirely within City
boundaries.
m. 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 off-site
sewer facilities in place and available to the property
as evidenced by a letter of availability obtained from
the Cardiff Sanitary District dated December 8, 1989.
Applicant:
Case No:
Subject:
Location:
I.
STANDARD CONDITIONS
RESOLUTION NO. OE90-02
ATTACHMENT "B"
Tracer
89-287TPM
Conditions of Approval
778 Bracero
SPECIFIC CONDITIONS
II.
A.
None
STANDARD CONDITIONS
D.
E.
1.
GENERAL CONDITIONS
A.
This approval will expire in two years, on March 15,
1992, at 5:00 p.m. unless the conditions have been
met or an extension has been approved by the
Authorized Agency.
This approval may be appealed to the authorized
agency wi thin 15 calendar days from the date of this
approval.
B.
C.
Approval of this request shall not waive compliance
wi th 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.
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.
Permi ts from other agencies will be required as
follows:
Coastal Commission
TC/dc/CRO6-477wp51(3-7-90/2)
CASE NUMBER: 89-287 TPM
Page 1 of 4
F.
Project is approved as submitted/modified as
evidenced by the Tentative Parcel Map received by
the City of Encinitas on February 16, 1990 and
signed by a City Official as approved by the Old
Encinitas Community Advisory Board on March 15, 1990
and shall not be altered without Planning and
Community Development Department review and
approval.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND COMMUNITY
DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
2.
SITE DEVELOPMENT
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:
Final map approval.
APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
3.
FIRE
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.
4.
BUILDING
Prior to the building department approving the connection
of 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 PUBLIC WORKS DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
TC/dc/CRO6-477wp52(3-7-90/2)
CASE NUMBER: 89-287 TPM
Page 2 of 4
5.
6.
7.
Gradinq Conditions
A.
This project proposes no grading of the site.
B.
A soils/geological/hydraulic report shall be prepared by
a qualified engineer licensed by the state of California
to perform such work prior to final map approval.
Drainaqe Conditions
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 City Engineer to properly handle the
drainage.
B.
Concentrated flows across driveways and/or sidewalks
shall not be permitted.
A.
street Conditions
B.
C.
D.
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 TENTATIVE 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
wi thout cost to the city. streets that are already
public are not required to be rededicated.
Bracero Road shall be dedicated by the developer along
the subdivision frontage based on a center line to right-
of-way width of 30 feet and in conformance with City of
Encinitas Standards.
An Irrevocable Offer of Dedication (I. O. D.) shall be made
for 10 feet along Bracero Road adjacent to the property
for public right-of-way purposes.
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 tentative map and the following
improvements to City Standards to the satisfaction of the
City Engineer:
Bracero Road along the project's frontage and southerly
TC/dc/CRO6-477wp53(3-7-90/2)
CASE NUMBER: 89-287 TPM
Page 3 of 4
E.
F.
along the private access easement to Melba Road, shall
be improved in conformance with the City of Encinitas
private road standards (100 to 750 trips classification) .
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.
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. The standard
improvement plan check deposit is required.
8.
utilities
A.
B.
C.
D.
Map
None.
The developer shall comply with all the rules,
regulations and design requirements of the respective
utility agencies regarding services to the project.
The developer shall be responsible for coordination with
S.D.G. & E., Pacific Telephone, and Cable TV authorities.
All proposed utilities within the project shall be
installed underground including existing utilities unless
exempt by the Municipal Code.
The developer shall be responsible for the relocation and
undergrounding of existing public utilities, as required.
TC/dc/CRO6-477wp54(3-7-90/2)
CASE NUMBER: 89-287 TPM
Page 4 of 4