1990-07
RESOLUTION NO. OE90-07
A RESOLUTION OF THE OLD ENCINITAS
COMMUNITY ADVISORY BOARD APPROVING A
TENTATIVE PARCEL MAP
TO ALLOW A FOUR LOT PLUS REMAINDER PARCEL SUBDIVISION
OF A 2.75 ACRE PARCEL LOCATED
WEST OF OCEAN VIEW AVENUE
BETWEEN UNION AND SUNSET
(CASE NUMBER 89-034TPM)
WHEREAS, a request for consideration of a Tentative Parcel Map
was filed by Mr. Michael Bliss to allow a four lot plus remainder
parcel subdivision of an existing 2.75 acre parcel in the R3 zone
in accordance with Chapter 24 of the City of Encinitas Municipal
Code, for the property located at 221 Sunset (and fronting on
Ocean View Avenue between Union st. and Sunset Dr., legally
described as:
Portions of Lots 6 and 7 of Seaside Gardens Annex, 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
March 29, April 12, and April 26, 1990; and
WHEREAS, the Community Advisory Board considered:
1. The staff report with attachments dated February 21,1990;
2. The application and Tentative Parcel Map dated received
April 19, 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 89-034TPM
is hereby approved subject to the following conditions:
(SEE ATTACHMENT "B")
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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.
PASSED AND ADOPTED this
following vote, to wit:
26th day of April,
1990,
by the
AYES:
Birnbaum, Tobias, Townsend
NAYS:
None
ABSENT:
Rotsheck
ABSTAIN:
Steyaert
.-~
LZl ~ ~-r
eter Tobi s, Chairman of-
the Old Encini tas Community
Advisory Board
ATTEST:
~~~::-==~~~'--<,:_.~/>
Tom Curriden
Associate Planner
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A:89034TPM.RES
RESOLUTION NO. OE89-07
ATTACHMENT "A"
FINDINGS FOR SUBDIVISION (TITLE 24)
(Case No. 89-034TPM)
Findings for a Tentative Map Pursuant to Section 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 2.1
dwelling unit per acre density of the proposed subdivision is
within and thus consistent with the allowable density range
the R3 zone, and is thus consistent with the General Plan
provisions for 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 du/ ac land use
category in the Encinitas General Plan.
c.
That the site is physically sui table for the type of
development.
Evidence: Most of the subject property is nearly level and,
based also upon the preliminary soils report submitted with
the application, is suitable physically for the detached
single-family type of development proposed.
d.
That the site is physically suitable for the proposed
density of development.
Evidence: Project design demonstrates that the proposed
density of development can easily be facilitated on site while
conforming with all City development regulations. Building
setback envelopes are depicted on the Map and illustrate that
ample area is available on each lot for such development.
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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 Section 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 project. Therefore, the project is not
likely to cause serious public health problems.
g.
That the design of the subdivision or the type of
improvement 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:
Map.
i.
Not applicable for consideration of the Tentative
The City Council and the authorized agency have not acted
in accordance with Section 66747.5 of the act related 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 require-
ments imposed by this Title and Act.
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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 agricul-
tural 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
Section 66474.4 (a) of the Act.
1.
The proposed subdivision is not entirely wi thin the
corporate boundaries of the city.
Evidence: The
boundaries.
subj ect property
is
entirely wi thin City
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
Encinitas Sanitary District dated February 21, 1989.
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APPLICANT:
CASE NO:
SUBJECT:
LOCATION:
I.
STANDARD CONDITIONS
RESOLUTION NO. OE90-07
ATTACHMENT "B"
Bliss
89-034 TPM
4 Lot Subdivision (plus remainder Parcel) of
2.75 acre Parcel
West of Ocean View between Union and Sunset
SPECIFIC CONDITIONS
A.
B.
C.
Prior to recordation of the Final Map, the applicant
shall execute and record a covenant satisfactory to the
Communi ty Development Department stipulating that the
remainder parcel approved under this application shall
not be further subdivided at any time or under any
circumstances. Said covenant shall also set forth the
provisions of condition IC below and contain provisions
for severability to the satisfaction of the Community
Development Department.
Prior to recordation of a Final Map, the applicant shall
execute and record and Record of Survey Map and Certifi-
cate of Compliance in conjunction with Boundary Adjust-
ment application 89-047 BA/CC to the satisfaction of the
Community Development Department.
Prior to building permit issuance, the developer shall
obtain a Design Review Permit for the homes to be
constructed on the subject property. As agreed to during
the map review process, the homes (1) shall not exceed
a floor area ratio 35% with a maximum deduction of 400
sq. ft. for garages, and (2) driveways to the garages of
homes on lots 1 and 4 shall be oriented toward the
private easement road as opposed to Ocean View Avenue but
the front facades of the homes on those parcels shall be
oriented toward Ocean View Avenue, to be confirmed
through the Design Review process.
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I1.
STANDARD CONDITIONS
1.
GENERAL CONDITIONS
A.
This approval will expire in two years, on April 26,
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
within 15 calendar days from the date of this approval.
B.
C.
Approval of this request shall not waive compliance with
any sections of the Zoning Code and all other applicable
city Ordinances in effect at the time of Building Permit
issuance unless specifically waived here.
D.
Permits from other agencies will be required as follows:
Coastal Commission.
E.
Project is approved as submitted/modified as evidence by
the plot plan dated December 8,1989 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
A.
B.
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.
as deemed necessary by the appropriate agency. Park fees
shall be paid at the established rate plus the equivalent
of three units (presently $5,520.00) as agreed to through
the project review process.
Street names shall be approved by the City prior to the
recordation of the final map, and street addresses shall
be provided prior to the issuance of building permits.
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APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
3.
FIRE
A.
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 list 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 Fire
District.
B.
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 Fire District
requirements.
C.
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.
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
4.
A.
GRADING CONDITIONS
B.
C.
D.
No grading permits shall be issued for this subdivision
prior to recordation of the final map.
The developer shall obtain a grading permit prior to the
commencement of any clearing or grading of the site.
The grading for this project is regulated by
Chapter 23.24 of the Encinitas Municipal Code. Grading
shall be performed under the observation of a 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.
No grading shall occur outside the limits of the
SUBDIVISION unless a letter of permission is obtained
from the owners of the affected properties.
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5.
6.
A.
B.
C.
D.
E.
E.
All slopes within this project shall be no steeper than
2:1.
F.
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.
DRAINAGE 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 property handle the
drainage.
B.
Concentrated flows across driveways
shall not be permitted.
and/or sidewalks
STREET CONDITIONS
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 without cost to the City. Streets that are already
public are not required to be rededicated.
Ocean View Drive 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.
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.
Prior to any work being performed in the public right-
of-way, a right-of-way construction permit shall be
obtained from the Public Works office and appropriate
fees paid, in addition to any other permits required.
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
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7.
A.
C.
D.
E.
8.
MAP
with appropriate security as provided by law, improve-
ments shown on the tentative map and the following
improvements to City standards to the satisfaction of the
City Engineer:
The private road of access to the project in conformance
with the City of Encinitas Private Road Standards
F.
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.
G.
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 proj ect. 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.
UTILITIES:
The developer shall comply with all the rules, regula-
tions 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 appropriate meters t each of
the units, as required by the City Engineer.
The developer shall be responsible for coordination with
S.D.G.&E., Pacific Telephone, Cable TV authorities, and
other applicable utilities.
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.
This project is approved specifically as 1 (single) phase.
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