1990-14
RESOLUTION NO. OE90-14
A RESOLUTION OF THE OLD ENCINITAS
COMMUNITY ADVISORY BOARD APPROVING A
TENTATIVE PARCEL MAP
TO ALLOW A FOUR LOT SUBDIVISION
OF A .73 ACRE PARCEL LOCATED
AT 680 WESTLAKE ST. IN OLD ENCINITAS
(CASE NUMBER 90-063TPM)
WHEREAS, a request for consideration of a Tentative Parcel Map
was filed by Mr. Don Rady of Westlake Group I to allow a four lot
subdivision of an existing. 73 acre parcel in the R8 zone in
accordance with Chapter 24 of the city of Encinitas Municipal Code,
for the property located at 680 Westlake st., legally described
as:
Lot 10 of Rancho Requeza, according to the Map thereof No.
2133, filed in the Office of the County Recorder on October
11, 1928; and
WHEREAS, a public hearing was conducted on the application on
June 28 and July 26, 1990 by the Old Encinitas Community Advisory
Board, and;
WHEREAS, the Community Advisory Board considered:
1. The staff report with attachments dated July 19, 1990;
2. The application and Tentative Parcel Map dated received
July 19, 1990;
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 IIA")
NOW, THEREFORE, BE IT RESOLVED by the Old Encinitas Community
Advisory Board of the City of Encinitas that application 90-063TPM
is hereby approved subject to the following conditions:
(SEE ATTACHMENT IIBII)
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
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Act (CEQA) Guidelines.
PASSED AND ADOPTED
following vote, to wit:
this
26th
day
of
July,
1990,
by
the
AYES:
Birnbaum, Rotsheck, Townsend, Tobias
NAYS:
None
ABSENT:
None
ABSTAIN:
Steyaert
(fb:
(" " -:~ ~-~
Peter Tobl , Chairman of
the Old Encini tas Community
Advisory Board
ATTEST:
-~~.~
~ç--- ~
Tom Curriden
Associate Planner
CO/03/CRO7-619wp5 (8/1/90-2)
2
ATTACHMENT "A"
FINDINGS FOR A TENTATIVE MAP (TITLE 24)
(Case # 90-063TPM)
Findings for a Tentative Map:
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 5.4
dwelling unit per acre density of the proposed
subdivision is below the midrange density of the R8 zone,
and is thus consistent with that zone. Subject to the
attached standard conditions and mitigation measures, 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 5.01 8 duj ac land use
category in the Encinitas General Plan.
c.
That the site
development.
is
physically
suitable
for
the
type
of
Evidence: Nearly all of the subject property within the
proposed building envelopes is on level or gently sloping
terrain, and based upon the preliminary soils report
submitted with the application, will be 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 (5.4 du/ac) can easily be
facilitated on site while conforming with all City
development regulations. No variances are requested with
this application, and building envelopes which should
easily accommodate single-family homes will result.
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
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h.
i.
j.
or their habitat.
Evidence: Having identified no aspect of the subdivision
which could result in any significant adverse
environmental impact, staff have found the project to be
exempt from further review pursuant to Sect. 15315 of the
California Environmental Quality Act (CEQA), which
exempts minor subdivisions in urban areas where the
average slope of the site does not exceed 20%.
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
will not cause serious public health problems.
g.
That the design of the subdivision or the type of improvements
will not conflict with easements, acquired by the public at
large, for access through or use of, property within the
proposed subdivision.
Evidence: No public/other easements traversing the site
are shown on the Tentative Map submitted, and no such
easements or easements acquired by the public at large
are in evidence from the title report prepared for the
property.
The Tentative Parcel Map is not in substantial compliance with
the previously approved Tentative Map.
Evidence: Not
Tentative Map.
applicable
for
consideration
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.
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 66747.4 of the Act.
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Evidence: Not applicable as the subject parcel is less
than 10 acres in area.
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.
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Applicant:
Case No:
Subject:
Location:
1.
D.
RESOLUTION NO. OE90-14
CONDITIONS OF APPROVAL
ATTACHMENT liB"
Westlake Group I
90-063 TPM
4 lot Tentative Parcel Map
680 Westlake
SPECIFIC CONDITIONS
A.
Prior to building permit issuance, the developer shall
execute and record a covenant notifying all prospective
property owners of the presence of existing, licenced
kennels in the vicinity. This condition may be waived
prior to final Parcel Map approval if the subdivider can
verify no existing kennel uses in the vicinity of the
subject property to the satisfaction of the Director of
Planning and Community Development.
B.
10 feet shall be dedicated on the Final Parcel Map along
Westlake Street and Requeza Street adjacent to the
property for public right-of-way purposes.
C.
In order to preserve existing trees, a meandering
concrete sidewalk to the satisfaction of the Public Works
and Community Development Departments shall be
constructed within the public right-of-way through Parcel
4. The exact limits configuration to be shown on the
Final Parcel Map. The subdivider and future property
owners shall retain the mature vegetation along Westlake
to the fullest extent possible while still providing safe
access to Lots 2, 3 and 4 to the satisfaction of the
Director of Public Works and the Director of Community
Development.
The following improvements to be shown on the Final
Parcel Map.
1.
Curb and gutter and sidewalk along Westlake
southerly to the P.R.C.
5' asphalt walk and asphalt berm along Westlake to
2.
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CASE NUMBER: 89-063 TPM
Page 1 of 6
G.
I1.
E.
F.
3.
4.
Requeza.
Standard street lights at approved locations.
Pavement on Westlake shall be widened to 20 feet
from centerline with approved structure section.
An approved slurry seal and restripping shall be
installed on Westlake for the entire width, adjacent
to the subject property. Requeza shall be slurry
sealed and restripped to centerline adjacent to the
subject property.
5.
Prior to building permit issuance, the home proposed for
lot one created by this permit shall obtain a Design
Review Permit, which shall include review of proposed
means of access. 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 lot.
Access to driveways and garages for Lots 2 through 4
shall be taken from the 24 foot wide easement road.
The Final Parcel Map shall indicate an adjusted easterly
side yard lot line for Lot 1 which extends the line as
far to the northeast as possible where it intersects the
Westlake Street frontage. The adjusted lot line shall
not create a situation which conflicts with any Municipal
Code Standard of Development Regulation to the
satisfaction of the Director of Planning and Community
Development and the Director of Public Works.
1.
STANDARD CONDITIONS
A.
GENERAL CONDITIONS
B.
C.
D.
This approval will expire in two years, on July 26,
1992, at 5:00 p.m. unless the conditions have been
met or an extension has been approved by the
Authorized Agency, or as provided by the City's
Growth Management Program.
This approval may be appealed to the Planning
Commission within 15 calendar days from the date of
this approval.
Permits from other agencies will be required as
follows:
state Coastal Commission
Project is approved as submitted/modified as
evidenced by the Tentative Parcel Map dated received
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CASE NUMBER: 89-063 TPM
Page 2 of 6
by the City of Encinitas on June 12,1990 and signed
by a City Official as approved by the Old Encinitas
Community Advisory Board on July 26, 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.
Prior to final occupancy 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 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.
APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS (3A-K):
3.
FIRE
A.
B.
C.
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 lift 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.
All designated emergency access roads shall be
posted pursuant to the Fire District standards.
The unobstructed width of a f ire access roadway
shall not be less than 24 feet. EXCEPTION: A fire
access roadway providing access to only one single
family dwelling shall be not less than 16 feet in
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CASE NUMBER: 89-063 TPM
Page 3 of 6
4.
paved width.
D.
Grade: The gradient for a fire apparatus access
roadway shall not exceed 20.0%. The angle of
departure and approach shall not exceed the maximum
approved by the Chief.
G.
Numbers shall be clearly visible from the street
fronting the structure. Where structures are
located off a roadway on long driveways, a monument
shall be placed at the entrance where the driveway
intersects the main roadway. Address numbers shall
be displayed on this monument.
H.
structures shall be protected by automatic fire
sprinkler systems. Sprinkler systems shall be
installed to the satisfaction of the Encinitas Fire
Protection District.
K.
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 DEPARTMENT
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
utili ty district or agency standards for public
systems.
Applicant shall contact the Public Works Department regarding
compliance with the following conditions:
5.
A.
GRADING CONDITIONS
B.
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 defined in Chapter
23. 24 of the Encini tas Municipal Code. Grading
shall be performed under the observation of a civil
engineer whose responsibility it shall be to
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CASE NUMBER: 89-063 TPM
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6.
B.
C.
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.
C.
No grading shall occur outside the limits of the
project unless a letter of permission is obtained
from the owners of the affected properties.
D.
A soils/geological/hydraulic report (as applicable)
shall be prepared by a qualified engineer licensed
by the state of California to perform such work
prior to building permit issuance or at first
submittal of a grading plan.
DRAINAGE CONDITIONS
A.
The developer shall exercise special care during the
construction phase of this project to prevent any
offsite siltation. The developer shall provide
erosion control measures and shall construct
temporary desiltation/detention basins of type, size
and location as approved by the City Engineer. The
basins and erosion control measures shall be shown
and specified on the grading plan and shall be
constructed to the satisfaction of the City Engineer
prior to the start of any other grading operations.
Prior to the removal of any basins or facilities so
constructed the area served shall be protected by
additional drainage facilities, slope erosion
control measures and other methods required or
approved by the City Engineer. The developer shall
maintain the temporary basins and erosion control
measures for a period of time satisfactory to the
City Engineer and shall guarantee their maintenance
and satisfactory performance through cash deposit
and bonding in amounts and types suitable to the
City Engineer.
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.
Concentrated flows across driveways and/or sidewalks
shall not be permitted.
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CASE NUMBER: 89-063 TPM
Page 5 of 6
7.
E.
8.
STREET CONDITIONS
A.
10 feet shall be dedicated by the developer along
the subdivision frontage of Westlake and Requeza
based on a center line to right-of-way width of 30
feet and in conformance with City of Encinitas
Standards.
B.
If applicable, 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.
C.
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.
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 tentative map.
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.
A.
UTILITIES
B.
C.
D.
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.
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CASE NUMBER: 89-063 TPM
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