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1991-13 RESOLUTION NO. L-91-13 A RESOLUTION OF LEUCADIA COMMUNITY ADVISORY BOARD APPROVING A TENTATIVE PARCEL MAP (91-037-TPM/EIA) AND CERTIFYING A NEGATIVE DECLARATION FOR PROPERTY COMMONLY KNOWN AS 505 HERMES AVENUE, ENCINITAS AND AS FURTHER DESCRIBED IN ATTACHMENT "A" WHEREAS, Don Rady, submitted a Tentative Parcel Map application as required by the City of Encinitas Subdivision Ordinance, for the purpose of subdividing one .43 acre site into two lots; and WHEREAS, public hearings were conducted by the Leucadia Community Advisory Board on May 9, and June 6, 1991 as required by law, and all persons desiring to be heard were heard. NOW THEREFORE, BE IT RESOLVED by the Leucadia Community Advisory Board of the City of Encinitas, that the proposed Tentative Parcel Map for property as described in Attachment "A", is hereby approved, based upon the following findings: a. That the proposed map is consistent with applicable general and specific plans as specified in Section 65451 of the Subdivision Map Act. b. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans since the project is in conformance with the General Plan designation for the site. c. That the site is physically suitable for that type of development, in that the two parcels are proposed to be developed in single family dwelling units which is consistent with the R-8 zoning designation and development standards for the site. d. That the site is physically suitable for the proposed density of development, since the topography and design of the lots can be adequately accommodated as proposed. e. That the design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. Having identified no aspects in which this proposal could have any significant adverse impacts on the environment, the project is found to be categorically exempt from DL2: 91-026 3(5/29/91) environmental review pursuant to Section 15315 of the California Environmental Quality Act ( CEQA) . f. That the design of the subdivision or type of improvements is not likely to cause serious public health problems, since documentation has been obtained stating that utilities shall be available for the site. 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. NOW THEREFORE, BE IT RESOLVED that Tentative Parcel Map 91- 037-TPM dated February 19, 1991 and received by the City on March 27, 1991 is hereby approved subject to the following conditions: SEE ATTACHMENT "B" PASSED AND ADOPTED this 6th day of June, 1991 by the following vote, to wit: Ayes: Boardmembers Jacobson, Eldon, Buck and Gilholm Nays: None Absent: Boardmember Allen Abstain: None ATTEST: DL2: 91-026 4(5/29/91) STANDARD CONDITIONS ATTACHMENT "B" Applicant: Don Rady Case No: 91-037-TPM/EIA Subject: Tentative Parcel Map Application and Environmental Initial Assessment for the Subdivision of .43 acres into 2 single family residential lots. Location: Property located at 505 Hermes Avenue. THE FOLLOWING CONDITIONS SHALL BE COMPLIED WITH BEFORE A PARCEL MAP IS APPROVED BY THE LEUCADIA COMMUNITY ADVISORY BOARD AND FILED WITH THE COUNTY RECORDER OF SAN DIEGO COUNTY. THE PARCEL MAP SHALL SHOW AN ACCURATE AND DETAILED VICINITY MAP, INCLUDING DISTANCES. 1. GENERAL CONDITIONS A. This approval will expire in two years, on June 6, 1993, at 5:00 p.m. 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 agency within 15 calendar days from the date of this approval. C. Nothing in this permit shall relieve the applicant from complying with the conditions and regulations generally imposed upon activities similar in nature to the activity authorized by this permit. D. 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 unless specifically waived here. E. Permits from other agencies will be required as follows: i. Cardiff Sanitation District ii. San Dieguito Water District F. Project is approved as submitted as evidenced by the map dated and received by the City of Encinitas on March 27, 1991, and signed by a City Official as revised and approved by the Leucadia Community Advisory Board on June 6, 1991 and shall not be altered without Planning and Community Development Department review and approval. DL2: 91-026 5(5/29/91) APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 2. SITE DEVELOPMENT A. 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: a. Prior to recordation of the final map; or b. Prior to building permit issuance. as determined applicable by the Planning and Community Development Department. B. Any change to the natural drainage or concentration of drainage shall be adequately handled and shall not impact adjacent properties. C. A site specific geotechnical investigation will be required when development plans (i.e., building plans) are submitted to the City for approval. D. A plan shall be submitted for approval by the Director of Planning and Community Development and the Encinitas Fire Department regarding the security treatment of the site during the construction phase, the on- and off-site circulation and parking of construction workers' vehicles and any heavy equipment needed for the construction of the project. E. Design Review shall be required for the design of the homes in accordance with the standards setforth in the Design Review Ordinance. 3. ADDITIONAL APPROVALS REQUIRED A. All sales maps that are distributed or made available to the public shall include but shall not be limited to future and existing schools, parks, and streets. APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: DL2: 91-026 6(5/29/91) 4. 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 District. B. All designated emergency access roads shall be posted pursuant to the Fire District standards. C. The unobstructed paved width of a fire access roadway shall be not less than 16.5 feet. EXCEPTION: A fire access roadway providing access to only one single family dwelling shall be not less than 16 feet in paved width. D. Address 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. E. Structures shall be protected by automatic fire sprinkler systems. Sprinkler systems shall be installed to the satisfaction of the Encinitas Fire Protection District. F. 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. G. If existing single family residence is remodeled it shall be protected by an automatic fire sprinkler system. H. Grade: The gradient for a fire apparatus access roadway shall not exceed 20%. The angle of departure and approach shall not exceed the maximum approved by the Chief. APPLICANT SHALL CONTACT THE COMMUNITY SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: DL2: 91-026 7(5/29/91) 5. RECREATION A. Parkland Dedication in lieu of payment of Park Fees or payment of Park Fees shall be to the satisfaction of the Director of Community Services and shall be made prior to final map approval. B. The developer shall pay the Park Fee at the established rate at the date of final inspection or the date of the certificate of occupancy, whichever occurs later. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 6. GRADING A. No grading permits shall be issued for this subdivision prior to recordation of the final map, unless approved by the Director of Planning and Community Development and the Director of Public Works. B. The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. C. The grading for this project is defined 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 Ci ty Engineer and verify compliance with Chapter 23.24 of the Encinitas Municipal Code. D. No grading shall occur outside the limits of the Project unless a letter of permission is obtained from the owners of the affected properties. E. All newly created slopes within this project shall be no steeper than 2:1. F. A soils/geological/hydraulic report (as applicable) shall be prepared by a qualified engineer licensed by the State of California to perform such work at first submittal of a grading plan. 7. DRAINAGE A. A drainage system capable of handling and disposing of all surface water originating wi thin 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. DL2: 91-026 8(5/29/91) B. The developer shall pay the current local drainage area fee prior to approval of the final map for this project or shall construct drainage systems in conformance with the Master Drainage Plan and City of Encinitas Standards as required by the City Engineer. C. 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. D. Concentrated flows across driveways and/or sidewalks shall not be permitted. 8. STREET CONDITIONS AND SIDEWALKS A. A registered Civil Engineer or a licensed land surveyor shall provide a signed statement that: "The existing private roads of access to the project are within the easements for the benefit of the land division". B. 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. Private access easement shall be improved with 16.5 feet of a.c. pavement, measured from the existing curb, which shall remain. D. 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. Prior to close of escrow the developer shall require that the prospective property owners sign and return the DL2: 91-026 9(5/29/91) following statement to the City of Encinitas Department of Planning and Community Development: "In purchasing the home on Lot , I am aware of and understand that I am agreeing not to oppose the formation of an assessment district to fund the installation of right-of-way improvements." E. Improvements constructed within the present or future public right-of-way shall be considered temporary. Applicant shall enter into an encroachment removal covenant agreeing to remove those improvements at the direction of the City. 9. Traffic A. A Traffic Impact Assessment Letter; addressing traffic flow and sight distance related to the intersection of Hermes Avenue, Union Street and the private road easement of the subject project; shall be submitted prior to recordation of the final map. Said letter may be prepared by the Engineer of Record of the Tentative Parcel Map. Additionally, said letter shall be reviewed and approved by the City Engineer and any improvements deemed necessary as a result of the Traffic Impact Assessment Letter shall be made prior to recordation of the final map. 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 and the following improvements to City Standards to the satisfaction of the City Engineer: Those improvements recommended, within the Traffic Impact Assessment Letter, as mitigation measures for the intersection of Hermes Avenue, Union Street and the private road easement of the subject project. APPLICANT SHALL CONTACT THE APPROPRIATE AGENCY REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 10. Utilities A. The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. B. The developer shall be responsible for coordination with SDGE, Pacific Telephone, and Cable TV authorities. DL2: 91-026 10(5/29/91) C. All proposed utilities within the project shall be installed underground including existing utilities unless exempt by the Municipal Code. D. The developer shall be responsible for the relocation and undergrounding of existing public utilities, as required. E. If private sewer will serve this development then a maintenance agreement must be executed before recordation of the Final Map. 11. STANDARD MAP CONDITIONS (Chapter 24.16 of the Municipal Code) A. This project is approved specifically as 1 single phase. DL2: 91-026 11(5/29/91)