1995-06
RESOLUTION NO. C-95-06
A RESOLUTION OF THE
CARDIFF COMMUNITY ADVISORY BOARD
OF THE CITY OF ENCINITAS APPROVING
A TENTATIVE PARCEL MAP AND
COASTAL DEVELOPMENT PERMIT
TO ALLOW A TWO-LOT SUBDIVISION
IN THE R-8 ZONE FOR PROPERTY
LOCATED AT 955 GRANGE HALL ROAD
(CASE NO. 95-114 TPM/CDP; APN 260-192-16)
WHEREAS, an application for a Tentative Parcel Map and Coastal
Development Permit application was filed by Jeffrey Blid pursuant
to Chapters 24.60
(Tentative Parcel Maps)
and 30.80
(Coastal
Development Permits) of the City of Encinitas Municipal Code to
allow a two-lot split in the R-8 Zone for property located at 955
Grange Hall Road, and legally described as;
THE EASTERLY 75 FEET OF THE WESTERLY 380 FEET OF THE SOUTHERLY
192 FEET OF THE NORTHERLY 1192 FEET OF THE NORTHWEST QUARTER
OF THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 13 SOUTH,
RANGE 4 WEST, SAN BERNARDINO MERIDIAN, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO THE UNITED STATES SURVEY,
SAID DISTANCES BEING MEASURED PARALLEL WITH THE WESTERLY AND
NORTHERLY LINES RESPECTIVELY OF SAID NORTHWEST QUARTER OF THE
NORTHWEST QUARTER.
WHEREAS,
a public hearing was
conducted by the Cardiff
Community Advisory Board on October 24, 1995, as required by law,
and all persons desiring to be heard were heard;
WHEREAS, evidence was submitted and considered to include
without limitation:
A.
Application dated received by the City of Encinitas on
May 22, 1995, with attachments.
B.
Revised project plans dated received August 11, 1995
C.
Oral testimony from staff, applicant, and public made a
part of the record at said public hearing;
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D.
Cardiff Community Advisory Board agenda report (95-114
TPM/CDP) for the meeting of October 24,1995, which is on
file in the Department of Community Development;
WHEREAS,
the
Cardiff
Community Advisory
Board
made
the
following findings pursuant to Chapters 24.60 (Tentative Parcel
Maps), and 30.80 (Coastal Development Permits) of the Municipal
Code:
(SEE ATTACHMENT "A")
NOW THEREFORE,
BE
IT RESOLVED by the
Cardiff
Community
Advisory Board of the City of Encini tas that Minor Use Permit
application No. 95-114 TPM/CDP is hereby approved subject to the
following conditions:
(SEE ATTACHMENT "B")
NOW THEREFORE, BE IT FURTHER RESOLVED by the Cardiff Community
Advisory Board of the City of Encinitas that Tentative Parcel Map
and Coastal Development application No. 95-1l4 TPM/CDP is hereby
approved.
PASSED AND ADOPTED this 24th day of October,
1995 by the
following vote, to wit:
Ayes: Fullwood, Grossman, Sarkozy
Nays: None
Absent: Crimmins, MacFal1
Abstain: None
:' ,-' ./.
. ,
:!'
ATTEST:
Harold Grossman
Vice-Chairman of the Cardiff
Community Advisory Board
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ATTACHMENT "A"
FINDINGS
Resolution No. C-95-06
Case No. 95-114 TPM/CDP
Applicant: Jeffrey Blid
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.
Facts: The project site is designated as R-8 on the Land Use
Policy Map of the General Plan. There is no applicable
specific plan.
Discussion: The project includes the subdivision of a parcel
of 14,400 sq. ft. into two lots of 5,664 and 6,750 net area,
in conformance with the applicable minimum lot area of 5,400
sq. ft. The existing single family home will be located on
the front (northerly) lot, and the rear lot will be available
for a future single family dwelling.
Conclusion: The Community Advisory Board finds that the
proposed map is consistent with the General Plan subject to
the required standard and specific conditions contained in the
approved resolution.
b.
That the design or improvement of the proposed subdivision is
consistent with applicable general and specific plans.
Facts: Chapter 24.12 of the Municipal Code sets forth design
standards for subdivisions and Chapter 30.20 of the Municipal
Code sets forth technical standards, such as lot width and
depth requirements in the subject R-8 Zone.
Discussion: No specific plans apply to the project. The
proposed subdivision satisfies all standards such as lot size,
dimensions, access, and all other design criteria as per City
standards for the R-8 zone contained in Chapters 24.12 and
30.20 of the Encinitas Municipal Code.
Conclusion: The Community Advisory Board finds that the
project conforms to the General Plan since all technical
requirements pursuant to the City's Subdivision Ordinance and
Municipal Code are satisfied with the subject application.
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c.
That the site
development.
is
physically
suitable
for
the
type
of
Facts: The application proposes a two-lot split in order to
create a site for a future single family home. The proposed
lot meets all standards such as area and dimensions. No site
factors have been noted which could preclude future
development.
Discussion: The site is physically suitable for the intended
residential type of development, in that proposed lots will
adequately accommodate future single family dwellings in terms
of lot size, shape, setbacks and access, and no site
conditions have been identified which would preclude
development with a future single family home.
d.
Conclusion: The Planning Commission finds that the subject
site is physically suitable for the future development of one
additional single family dwelling.
That the site is physically suitable for the proposed density
of development.
Facts: The subject zoning of R-g specifies a minimum lot size
of 5,400 sq. ft. net area.
Conclusion: The project includes the subdivision of a parcel
of 14,400 sq. ft. into two lots of 5,664 and 6,750 net area,
in conformance with the applicable minimum lot area of 5,400
sq. ft. The CAB therefore finds that the site is physically
suitable for the proposed density of development.
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.
Facts: The project consists of a two-lot split of an existing
residentially developed property in a developed, urbanized
area with no significant environmental resources.
Discussion: The property for the subdivision is developed and
has no significant environmental resources, and is found to be
exempt from Environmental Review as per CEQA Guidelines
Section 15315.
Conclusion: The CAB finds that the project will not result in
any significant adverse environmental impacts.
f.
That the design of the subdivision or the type of improvements
are not likely to cause serious public health problems.
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Facts: The applicant has obtained letters of sewer, water and
fire availability and all public utilities and services are in
place to serve the project.
Discussion: All applicable services required by the
subdivision can be provided, therefore, the project will not
cause serious public health problems.
Conclusion: The CAB finds that since all necessary services
can be provided for the subdivision, and since no adverse
health impacts can be identified with the project, the
subdivision is not likely to cause any adverse health impacts.
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.
Facts: All easements of record are required to be identified
on the tentative map.
Discussion: No easements have been identified on the subject
property with which any of the lots or subsequent development
thereon would conflict. Other easements shown for utilities
or drainage will not conflict.
Conclusion: The CAB finds that no easements have been
identified on the subject property with which the proposed map
would create conflicts.
h.
The Final or Parcel Map is in substantial compliance with the
previously approved Tentative Map.
Conclusion: This is not applicable for consideration of the
Tentative Map.
i.
The City Council and the authorized agency have not acted in
accordance with Section 66747.5 of the act relating to land
projects.
Conclusion: The CAB has not acted to revert the subject
property to acreage.
j.
In accordance with Sections 66473 and 66472.5 of the Map Act,
the Map complies with the conditions or requirements imposed
by Title 24 and the Map Act.
Facts: The subdivision is required to meet all Map Act and
Municipal Code standards in effect at the time the application
was deemed to be complete.
Discussion:
Community Development Staff and the Authorized
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Agency have not identified provisions of The Act (in effect at
the time the application was deemed to be complete) with which
this proposed tentative map would not comply. The map complies
with all standards contained in Title 24 of the Municipal
Code, including the design standards contained in Chapter
24.12 and Chapter 30.20.
Conclusion: The CAB finds that the proposed subdivision meets
all the Map Act and Municipal Code standards in effect at the
time the application was deemed to be complete.
k.
The proposed subdivision is entirely within the corporate
boundaries of the city.
Conclusion:
boundaries.
The subj ect property is entirely wi thin City
l.
The property is served by an on-site sewage disposal system
and the health Department has certified that the system is
satisfactory to support the proposed subdivision.
Conclusion: The subject property will be served by off-site
sewer facilities in place and available to the property.
Findings for a Coastal Development Permit - Section 30.80
1.
The project is consistent with the certified Local Coastal
Program of the City of Encinitas¡ and
2.
The proposed development conforms with Public Resources Code
21000 and following in that there are no feasible mitigation
measures or feasible alternatives available which would
substantially lessen any significant adverse impact that the
activity may have on the environment.
Facts: The proj ect site is wi thin the Coastal Zone and
requires the issuance of a Coastal Development Permit. The
application is to allow a minor subdivision, as per state Map
Act guidelines
Discussion: The project includes the subdivision of a parcel
of 14,400 sq. ft. into two lots of 5,664 and 6,750 net area,
in conformance with the applicable minimum lot area of 5,400
sq. ft., as per the subject R-8 Zoning district. The existing
single family home will be located on the front (northerly)
lot, and the rear lot will be available for a future single
family dwelling.
Conclusion: The Community Advisory Board finds that the
project is consistent with the Municipal Code and the LCP, and
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will not generate adverse impacts on the environment.
No aspect of the project has been identified which could have
an adverse impact on coastal or any natural resources. The
approval of this Coastal Development Permit satisfies the
requirements of the Encinitas Local Coastal Program.
The Community Advisory Board finds that the project is
consistent with the certified Local Coastal Program of the
City of Encinitas and that required finding #2 is not
applicable since no significant adverse impact is associated
with the project.
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A.
4.
5.
B.
ATTACHMENT liB"
CONDITIONS
Resolution No. C-95-06
Case No. 95-114 TPM/CDP
Applicant: Jeffrey Blid
STANDARD CONDITIONS:
1.
This approval will expire on October 24, 1997, two years
after the approval of this project, unless the following
conditions have been met and a Final Parcel Map or
Certificate of Compliance (as determined acceptable to
the City Engineer) is recorded, or an extension of time
has been approved pursuant to Municipal Code
requirements.
2.
This approval may be appealed to the Planning Commission
wi thin 10 calendar days from the date of the CAB's
approval pursuant to Chapter 1.12 of the Municipal Code.
Approval of this request does not waive compliance with
any section of the Municipal Zoning Code and all other
applicable City Ordinances, unless otherwise noted
herein.
3.
Property owner (s) shall agree to preserve and save
harmless the City of Encinitas and each officer and
employee thereof from any accident, loss, or damage to
persons or property happening or occurring as the
proximate result of any of the work undertaken to
complete this project, and that all said liabilities are
hereby assumed by the property owner(s).
The Tentative Parcel Map is approved as set forth on the
application and background materials dated received by
the City on May 11, 1995, with a revised subdivision map
dated received August 11, 1995.
SPECIAL CONDITION:
c.
Prior to recordation of final parcel map, the property
owner shall relocate the existing single family dwelling
as per the approved tentative parcel map, i.e. the home
shall be relocated to a position 25 ft. from the front
(northerly) property line
FIRE DEPARTMENT:
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4.
5.
The property owner shall contact the Fire Department regarding
compliance with the following conditions:
1.
Address numbers shall be placed in a location that will
allow them to be clearly visible from the street fronting
the structure. The height of the numbers shall conform
to Fire Department standards. NOTE: Where structures
are located off a roadway on long driveways, a monument
marker shall be placed at the entrance where the driveway
intersects the main roadway. Permanent address numbers
shall be affixed to this marker.
2.
Prior to Final Map or Certificate of Compliance
recordation, the applicant shall submit to the Community
Development Department a letter from the Fire Department
stating that all fees including plan check reviews and/or
cost recovery fees have been paid or secured to the
satisfaction of the Fire Department.
D.
ENGINEERING DIVISION:
The property owner(s) shall contact the Engineering Division
regarding compliance with the following conditions:
1.
A soils/geological/hydraulic/ report (as applicable) shall be
prepared by a qualified engineer licensed by the state of
California to perform such work:
a. Prior to building permit issuance; or
b. At first submittal of a grading plan.
2.
The owner of the subject property shall execute a hold
harmless covenant regarding drainage across the adjacent
property prior to the approval of ANY GRADING OR BUILDING
PERMIT for this project. The proposed Parcel 2 must drain to
Grange Hall Road.
3.
Concentrated flows across driveways and / or sidewalks shall
not be permitted.
STREET CONDITIONS
A registered Civil Engineer or a licensed land surveyor shall
provide a statement that: "The existing private roads of
access to the project are within the easements for the benefit
of the land division".
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 City Engineer.
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11.
6.
Developer shall enter into a lien contract for the future
improvement of a half street width of 18 feet, curb, gutter
and sidewalk along the SUBDIVISION frontage prior to APPROVAL
OF THE FINAL MAP for this project.
utilities
7.
The developer shall comply with all the rules, regulations and
design requirements of the respective utility agencies
regarding services to the project.
8.
The developer shall be responsible for coordination with
S.D.G&E, Pacific Telephone, and Cable TV authorities.
9.
All proposed utilities within the project shall be installed
underground including existing utilities unless exempt by the
Municipal Code.
10.
The developer shall be responsible for the relocation and
undergrounding of existing public utilities, as required.
The developer shall be responsible for the paYment of Flood
Control Impact Fees, Park and Recreation Fees, and Traffic
Impact Fees prior to approval of the final map, or shall enter
into a security agreement for the paYment of such fees.
For new residential dwelling units, the applicant shall pay
development fees at the established rate. Such fees may
include, but not by limited to: Permit and Plan-Checking
Fees, School Fees, Water and Sewer Service Fees, Traffic Fees,
Drainage Fees, and Park Fees. As required, arrangements to
pay these fees shall be made:
1.
2.
3.
Prior to recordation of the final map; or
Prior to building permit issuance.
For Traffic Fees, prior to issuance or occupancy
certificate.
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