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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") TC/04/MSI3-1462WP5 (4-30-90/2) A:89034TPM.RES 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 TC/04/MS13-1462WP5 (4-30-90/2) 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. TC/04/MS13-1462WP5 (4-30-90/2) A:89034TPM.RES 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. TC/04/MS13-1462WP5 (4-30-90/2) A:89034TPM.RES 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. TC/04/MS13-1462WP5 (4-30-90/2) A:89034TPM.RES 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. TC/04/MS13-1462WP5 (4-20-90/1) CASE NUMBER 89-034 TPM PAGE 1 OF 5 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. TC/04/MS13-1462WP5 (4-20-90/1) CASE NUMBER 89-034 TPM PAGE 2 OF 5 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. TC/04/MS13-1462WP5 (4-20-90/1) CASE NUMBER 89-034 TPM PAGE 3 OF 5 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 TC/04/MS13-1462WP5 (4-20-90/1) CASE NUMBER 89-034 TPM PAGE 4 OF 5 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. TC/04/MS13-1462WP5 (4-20-90/1) CASE NUMBER 89-034 TPM PAGE 5 OF 5