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)