1988-03
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RESOLUTION NO. NE 88-03 /
A RESOLUTION OF THE NEW ENCINITAS COMMUNITY ADVISORY BOARD
OF THE CITY OF ENCINITAS APPROVING
8 TENTATIVE PARCEL MAP APPLICATION 87-204 TPM TO ALLOW
SUBDIVISION OF ONE PARCEL INTO TWO PARCELS
FOR PROPERTY LOCATED AT 1509 ENCINITAS BLVD;
KNOWN AS: PARCEL 2 OF MAP 8563 IN THE COUNTY OF SAN DIEGO
WHEREAS, Leo A. McGuire applied for approval of Tentative
Parcel Map application 87-204 TPM to allow for subdivision of
one parcel into two parcels for property located at 1509
Encinitas Blvd.; and
WHEREAS, a public hearing was conducted on application
87-204 TPM on May 20, 1987 and April 18, 1988 by the New
Encinitas Community Advisory Board, at which time all persons
desiring to be heard were heard; and,
8 WHEREAS, evidence was submitted and considered to include
without limitation:
1. The application submitted by Leo A. McGuire including
all plans for development and other written
information, which were reviewed as part of the
hearing; and
2. The staff reports dated May 20, 1988 and April 15,
1988 which were reviewed as part of the hearing; and
3. Oral information submitted at the hearing; and
4. Additional written documentation.
WHEREAS, at said hearing the New Encinitas Community
Advisory Board made the following findings:
a. That the proposed map and the design or improvement
of the proposed subdivision is consistent with
applicable general and specific plan as specified in
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section 65451 of the Subdivision Map Act as the
proposal is to develop two commercial parcels which
is allowed by the General Plan and the Zoning
Ordinance; and
8 b. That the site is physically suitable for the type of
proposed development as the site is fairly level and
can easily facilitate the development as proposed;
and
c. That the site is physically suitable for the proposed
density of development as the proposal is for two
commercial parcels which can easily be facilitated on
the site without extensive grading or other site
improvements; and
d. That the design of the subdivision or the proposed
improvements are not likely to cause substantial
environmental damage or substantially and avoidable
injure fish or wildlife or their habitat as there
were no aspects of the proposal which were found to
have significant adverse environmental impacts; and
e. That the design of the subdivision or type of
improvements is not likely to cause serious public
health problems as all public utilities have been
shown to be available.
NOW THEREFORE, BE IT RESOLVED that Tentative Parcel Map
8 Application 87-204 TPM is hereby approved and is subject to the
following conditions prior to recordation of a Final Map
(conditions may either be complied with or covenanted for prior
to final map approval):
CITY OF ENCINITAS
1. GENERAL CONDITIONS
A. This approval will expire on April 18, 1991, after
the approval of this project unless the conditions
have been met or an extension has been approved by
the Authorized Agency.
B. This approval may be appealed to the authorized agent
within 10 days from the date of this approval.
C. In the event that any of the conditions of this
permit are not satisfied, the Planning Department
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shall cause a noticed hearing to be set before the
authorized agency to determine why the city of
Encinitas should not revoke this permit;
8 D. Upon a showing of compelling public necessity
demonstrated at a noticed hearing, the City of
Encinitas, acting through the authorized agency, may
add, amend, or delete conditions and regulations
contained in this permit;
E. Nothing in this permit shall relieve the applicant
from complying with the conditions and regulations
generally imposed upon activities similarly in nature
to the activity authorized by this permit;
F. Approval of this request shall not waive compliance
with any sections of the Zoning Development Code and
all other applicable City Ordinances in effect at the
time of Building Permit issuance.
G. Permits from other agencies will be required as
follows:
i. Coastal Commission or finding of exemption
H. Project is approved as submitted and shall not be
altered without authorized agency review and approval.
APPLICANT SHALL CONTACT TIlE DEPARTMENT OF PLANNING AND
COMMUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE
8 FOLLOWING CONDITIONS:
2. SITE DEVELOPMENT
A. site shall be developed in accordance with the
approved site plans on file in the community
Development Department and the conditions contained
herein.
B. For a new commercial or industrial development, or
addition to an existing development, the applicant
shall pay development fees at the established rate.
Such fees may include, but not be limited to: Permit
and Plan Checking Fees, Water and Sewer Service Fees,
School Fees, Traffic Fees, Drainage Fees and Park
Fees. These fees shall be paid:
Prior to final map approval for all fees except
school fees which shall be paid prior to issuance of
a building permit for development of the site.
C. Building identification and/or addresses shall be
placed on all new and existing buildings so as to be
plainly visible from the street or access road; color
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of identification and/or addresses shall contrast
with their background color.
D. Applicant shall submit to the Community Development
8 Department a security construction plan for review
and approval. Said Plan shall identify any temporary
fencing, temporary parking and circulation, project
access and the like.
E. Owner(s) shall enter into a covenant waiving any
claims of liability against the City and agree(s) to
indemnify and hold harmless the City and City's
employees relative to the approved project.
F. Any change to the natural drainage or concentration
of drainage shall be adequately handled and shall not
impact adjacent properties.
G. That a plan be submitted for approval by the Director
of Planning and Community Development and the
Encinitas Fire Protection District regarding the
treatment of the site during the construction phase,
and the circulation and parking of construction
workers' vehicles and any heavy equipment needed for
the construction of the project.
3. PARKING AND VEHICULAR ACCESS
A. parking lot layout shall meet the standards of the
Zoning Ordinance and the off street Parking Design
Manual.
8 B. Parking lot lights shall be low pressure sodium,
shielded and have a maximum height of eighteen (18)
feet from the finished grade of the parking surface
and be directed away from all property lines,
adjacent streets and residences.
C. Driveways shall meet the standards of the zoning
Ordinance, Public Works Standards, and the off street
Parking Design Manual.
D. Parking area shall be screened from adjacent
properties and/or public view with a combination of a
decorative wall and/or landscaping. Said screening
shall be reviewed and approved by the Community
Advisory Board.
4. LANDSCAPING
A. A detailed landscape and irrigation plan shall be
submitted to and approved by the Planning and
Community Development Department for verification as
to conformance with the approval landscape plan.
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B. A Master Plan of the existing on-site trees shall be
provided to the Community Development Board/Advisory
Board prior to the issuance of building permits and
prior to grading, to determine which trees shall be
4IÞ retained.
C. Existing on-site trees shall be retained wherever
possible and shall be trimmed and/or topped. Dead,
or decaying trees or trees that could be injurious to
public health, safety or welfare shall be approved
for removal at the discretion of the authorized agent
during the review of the Master Plan of existing
on-site trees. Those trees which are approved for
removal shall be replaced on a tree-for-tree basis as
required by the authorized agent.
D. A minimum of 15 trees shall be provided for the
project, comprised of the following sizes, shall be
provided within the development; 11 - 24" box or
larger and 2 - 5 gallon to the satisfaction of the
authorized agency.
E. All required plantings shall be in place prior to use
or occupancy of new buildings or structures. All
required plantings shall be maintained in good
growing conditions, and whenever necessary, shall be
replaced with new plant materials to ensure continued
compliance with applicable landscaping, buffering,
and screening requirements. All landscaping shall
be maintained in a manner that will not depreciate
tÞ adjacent property values and otherwise adversely
affect adjacent properties.
F. The height required for hedges or other dense
landscaping is the height to be attained wi thin 3
years after planting.
G. Landscaping shall be maintained in such a way so view
corridors are not blocked.
APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION
DISTRICT REGARDING COMPLIANCE WITH THE FOLLOWING
CONDITIONS:
5. 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 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 Department.
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B. All designated emergency access roads shall be posted
per the Fire Department.
8 c. Submit a letter from the Encinitas Fire Protection
District stating satisfaction with the type and
location of Fire hydrants and the minimum required
water flow in gallons per minute together with a
letter from the appropriate agency certifying that
the fire department's minimum required water flow is
available to serve the site. provisions shall be
made to ensure a maximum water pressure at the fire
hydrant of 100 psi. The installation of a pressure
reducing station may be required. Fire hydrants
shall be of a bronze type.
D. 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 Department requirements.
APPLICANT SHALL CONTACT TIlE PUBLIC WORKS DEPARTMENT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
6. GRADING
A. Grading of the subject property shall be in
accordance with the Grading Ordinance.
8 B. A soils/geological/hydrolic report 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.
C. The final grading plan shall be subject to
review and approval by the Public Works
Department and shall be completed prior to
issuance of building permit.
7. STREETS AND SIDEWALKS
(The authorized agency may modify City Standards in
particular cases. The application of a request for
such modification must show special circumstances or
conditions affecting the property in question; and
that such modification is necessary for the
preservation and enjoyment of a substantial property
right of the applicant; and that the modification
will not be materially detrimental to the public
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welfare or injurious to other property in the
immediate vicinity per Municipal Code Section.
8 A. All damaged off-site public works facilities,
including parkway trees, shall be repaired or
replaced prior to exoneration of bonds and
improvements, to the satisfaction of the
Department of Public Works.
B. 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.
C. The developer shall pay the Traffic Mitigation
Fee at the established rate at the date the
final inspection or the date the certificate of
occupancy is issued, whichever occurs later.
D. Street trees, a minimum of (15 gallon size or
24" box) or larger, shall be installed in
accordance with the City of Encinitas standards
and shall be planted in accordance with City
review and approval. Said street trees shall be
reviewed by the Community Services and Public
Works Department. Trees shall be placed a
minimum of 40 feet on center for commercial
(non-residential uses) zones.
8 E. 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.
8. DRAINAGE AND FLOOD CONTROL
A. Portland cement concrete cross gutters shall be
installed where water crosses the roadways.
B. Concentrated flows across driveways and/or
sidewalks shall not be permitted.
APPLICANT SHALL CONTACT TIlE APPROPRIATE AGENCY REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
9. UTILITIES
A. All proposed utilities within the project shall
be installed underground including existing
utilities unless exempt by the Municipal Code.
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. utility provided the
B. easements shall be to
specification of the serving utility companies
and the Director of Public Works.
8 c. The developer shall be responsible for the
relocation and undergrounding of existing public
utilities, as required.
D. Water, sewer, and fire protection systems plans
shall be designed and constructed to meet
requirements of the City of Encinitas, Fire
District, Appropriate Agency and the Health
Department of the County of San Diego.
E. Prior to acceptance of property for sewer
service, annexation to the sewer improvement
area shall occur.
F. Applicant shall provide a letter of availability
from the appropriate utility serving agencies
prior to granting permits or final map.
10. GENERAL REQUIREMENTS AND APPROVALS
A. Final parcel and tract maps shall conform to
City standards and procedures and the
Subdivision Map Act.
8 B. Should this subdivision be further divided, each
final map shall be submitted for approval by the
Director of Public Works.
C. All provisions of the Subdivision Ordinance of
the Encinitas Municipal Code shall be met as
they relate to the division of land including
the standard conditions of approval as attached.
11. STANDARD MAP CONDITIONS (Chapter 24.16 of the 4
Municipal Code)
A. That the subdivider install or agree to install
all drainage and flood control structures and
facilities required by the city Engineer, which
drainage and flood control structures and
facilities shall conform to the City Standards
and the General Plan.
B. That the subdivider install or agree to install
fire hydrants and connections of a type and
location approved by the Fire Chief and City
Engineer.
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. C. That the subdivider shall provide that the
subdivision be connected to a domestic water
system approved by the city and all water system
facilities shall be subject to the requirements
8 of the water company or agency serving the
subdivision. That the subdivider shall install
or agree to install all required water systems
necessary to serve the subdivision, including
fire hydrants and connections as may be
required, and that all water lines,
appurtenances and service connections have been
constructed or laid prior to paving or
provisions have been made to ensure said
construction.
D. That, where a sewer facility is constructed or
laid within a street or road, the subdivider has
installed or agreed to install sewer facilities
of a type, size and location approved by the
City Engineer to the property line of each lot
within the subdivision and that all sanitary
sewer lines, appurtenances and service
connections have been constructed or laid prior
to paving or provisions have been made to
ensure said construction; and that all sewer
system facilities and construction standards
shall be subj ect to the requirements of the
agency providing service to the subdivision.
E. All new and existing utility facilities,
. including, but not limited to power, telephone
and cable television conduit and lines within
the boundaries of any new subdivision shall be
placed underground. The subdivider is
responsible for complying with the requirements
of this subsection, and he shall make the
necessary arrangement with each of the serving
utilities, including franchised cable
television operators, for the installation of
such facilities. Transformers, terminal boxes,
meter cabinets, pedestals, concealed ducts and
other facilities necessarily appurtenant to such
underground utilities and street lighting
systems may be placed above ground subj ect to
the subdivider's obtaining a Design Review
Permit. The provisions of this subsection shall
not apply to the installation and maintenance or
overhead electric transmission lines in excess
of 34,500 volts and long distance and trunk
communication facilities. This installation of
cable television lines may be waived when, in
the opinion of the City Council, no franchised
cable operator is found to be willing and able
to install cable television lines in the
subdivision. Notwithstanding any such waiver,
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the installation of cable television conduit is
required.
F. That the subdivider comply or agree to comply
8 with all the conditions of approval contained in
the resolution approving the tentative parcel
map and not otherwise provided for by this
Chapter.
G. That all required improvements conform to City
standards.
PASSED AND ADOPTED this 18th day of April, 1988, by the
following vote, to wit:
Ayes: Barton, Bagg, Quinn, colgan, Razovsky
Nays: None
Absent: None
Abstain: None
Cary Barton, irperson
of the New E initas Community
Advisory Board the City of Encinitas
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Robert Fuller, Secretary
Assistant Planner
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