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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; 1 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 2 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. 3 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. 4 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 5 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 6 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. 7 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: 8 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. 9 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. 10