1990-02
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8 RESOLUTION NO. L-90-02
A RESOLUTION OF THE LEUCADIA
COMMUNITY ADVISORY BOARD APPROVING
A TENTATIVE PARCEL MAP TO CREATE
FOUR PARCELS FROM AN EXISTING 0.74 ACRE
SITE LOCATED AT 1380 - 1394 HERMES AVENUE
(CASE NO. 89-258 TPM)
WHEREAS, a Tentative Parcel Map to subdivide an existing 0.74
acre site into four lots ranging in size from 5895 to 8170 square
feet was filed by Mr. Donald Rady; and
WHEREAS, the property is located at 1380 - 1394 Hermes Avenue,
and legally described as follows:
Lots 14 and 15 in Block 3 of SOUTH COAST PARK, in the City of
Encinitas, County of San Diego, State of California, according
to the Map thereof No. 1776 filed in the Office of the County
Recorder of San Diego County, January 11, 1924.
WHEREAS, a public hearing was conducted on the application on
February 8, 1990; and
WHEREAS, the Community Advisory Board considered:
8 1. The Tentative Parcel Map submitted by the applicant;
2. The Staff Report dated January 31, 1990;
3. Oral testimony submitted at the hearing; and
4. written evidence submitted at the hearing; and
WHEREAS, the Leucadia Community Advisory Board made the
required findings pursuant to Title 24 of the Municipal Code:
SEE ATTACHMENT "A"
NOW THEREFORE, BE IT RESOLVED, by the Leucadia Community
Advisory Board of the City of Encinitas that the request for the
Tentative Parcel Map, 89-258 TPM is hereby approved subject to the
following conditions:
SEE ATTACHMENT "B"
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8 PASSED AND ADOPTED this 8th day of February, 1990 by the
following vote, to wit:
AYES: Locko, Eldon, Jacobson, Kaden, Shur
NAYS: None
ABSENT: None ~-~~
ABSTAIN: None
A~n Swr, Acting Chairperson of
the Leucadia Community Advisory
Board
ATTEST:
~ --¥~l\ v.9~~ ~
James G. Jones, Assistant Planner
8
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8 ATTACHMENT "A"
LEUCADIA COMMUNITY ADVISORY BOARD
RESOLUTION NO. L-90-02
Findings for a Tentative Parcel Map Title 24 of the Municipal Code
and the state Subdivision:
A. That the proposed map is consistent with applicable general
and specific plans as specified in section 65451 of the
Subdivision Map Act.
Evidence: The property is designated Residential 5.01 - 8.00
units/acre on the Land Use Policy Map of the General Plan.
The Tentative Parcel Map proposes to create four lots which
exceed minimum lot sizes for high and mid-range density. The
Parcel Map conforms to General Plan and Zoning Code
requirements.
B. That the design or improvement of the proposed subdivision is
consistent with applicable General and Specific Plans.
Evidence: The design of the four lots proposed is such that
they can accommodate single family residential development,
outside of setbacks, specified by the city's General Plan.
e C. That the site is physically suitable for the type of
development.
Evidence: No reason has been identified why the site cannot
physically facilitate single family residential development.
Future development proposals would be subject to Uniform
Building and Fire Codes as well as appropriate grading
approvals subject to City Ordinance.
D. That the site is physically suitable for the proposed density
of development.
Evidence: The density of development will support single
family residential use in conformance with General Plan
standards.
E. That the design of the subdivision or the proposed
improvements are not likely to cause substantial environmental
change or substantially and avoidably injure fish or wildlife
or their habitat.
Evidence: Having identified no aspects in which this proposal
could have any significant adverse impacts on the environment,
staff has found the project to be categorically exempt from
further environmental review under Section 15315 of the state
8 CEQA.
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8 F. That the design of the subdivision or type of improvements is
not likely to cause serious public health problems.
Evidence: Public utilities, including Water and Sewer, are
available to the site and no serious public health problems
are anticipated to occur due to the subdivision requested.
e
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8 ATTACHMENT "B"
LEUCADIA COMMUNITY ADVISORY BOARD
RESOLUTION NO. L-90-02
Conditions
I. SPECIFIC CONDITIONS
A. Fire sprinkler plans shall be approved prior to building
permits being issued.
B. The applicant shall make efforts to save the palm trees
located within the private road easement. These efforts
shall include but not be limited to relocation of the
trees or realignment of the access easement.
II. STANDARD CONDITIONS
1. GENERAL CONDITIONS
A. This approval will expire in two years, on February
8, 1992, at 5:00 p.m. unless the conditions have
been met or an extension has been approved by the
Authorized Agency.
e B. This approval may be appealed to the authorized
agency within 15 calendar days from the date of this
approval.
C. At all times during the effective period of this
permit, the applicant shall obtain and maintain in
valid force and effect, each and every license and
permit required by a governmental agency for the
operation of the authorized activity.
D. At no time during the effective period of this
permit shall the applicant be delinquent in the
payment of taxes or other lawful assessments
relating to the property which is the subject of
this permit.
E. In the event that any of the conditions of this
permit are not satisfied, the Planning and Community
Development Department shall cause a noticed hearing
to be set before the authorized agency to determine
why the City of Encinitas should not revoke this
permit.
F. Upon a showing of compelling public necessity
demonstrated at a noticed hearing, the City of
8 Encini tas, acting through the authorized agency, may
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8 add, amend, or delete conditions and regulations
contained in this permit.
G. 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.
H. Nothing in this permit shall authorize the applicant
to intensify the authorized activity beyond that
which is specifically described in this permit.
I. Approval of this request shall not waive compliance
wi th 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.
J. Permits from other agencies will be required as
follows:
a. Coastal Commission
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND COMMUNITY
DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
8 2. SITE DEVELOPMENT
A. Any change to the natural drainage or concentration
of drainage shall be adequately handled and shall
not impact adjacent properties.
B. 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.
C. The parcels shall be developed as custom lots.
Design Review shall be required pursuant to City
regulations.
APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
3. FIRE
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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. 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.
C. structures shall be protected by automatic fire
sprinkler systems. Sprinkler systems shall be
installed to the satisfaction of the Encinitas Fire
Protection District.
D. Prior to final recordation, the applicant shall
submit a letter from the Fire District stating that
all development impact, plan check and/ or cost
8 recovery fees have been paid or secured to the
satisfaction of the District.
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
4. GRADING CONDITIONS
A. The project proposes no grading.
5. DRAINAGE CONDITIONS
A. A drainage system capable of handling and disposing
of all surface water originating within 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.
B. The Tentative Map proposes a storm drain system
across the property on a westerly direction and
continues off-site to Vulcan Avenue. This drainage
concept is binding to the approval of a final map
for this project. Should deviations to said
8 concept, other than alternate routes for the storm
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drain be proposed at the time of final map
processing, amendment to the resolution of approval
is hereby required.
C. Concentrated flows across driveways and/or sidewalks
shall not be permitted.
6. STREET CONDITIONS
A. The developer shall make an Offer of Dedication to
the City for all public streets and easements
required by these conditions or shown on the
TENTATIVE MAP. The offer shall be made BY A
CERTIFICATE ON THE FINAL MAP for this project. All
land so offered shall be granted to the City free
and clear of all liens and encumbrances and without
cost to the City. streets that are already public
are not required to be rededicated.
B. Hermes Avenue shall be dedicated by the developer
along the subdivision frontage based on a center
line to right-of-way width of 30 feet and in
conformance with City of Encinitas Standards.
8 c. 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.
D. 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.
E. 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:
Hermes Avenue along the project's frontage in
conformance with the City of Encinitas
Standards for public residential streets.
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The private road of access to the parcels shall be
improved with a 20 foot wide a.c. pavement and in
conformance with the City of Encini tas Standards for
private roads.
F. 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.
G. The design of all private streets and drainage
systems shall be approved by the City Engineer prior
to APPROVAL OF THE FINAL MAP for this project. The
structural section of all private streets shall
conform to City of Encinitas Standards based on R-
value tests. The standard improvement plan check
deposit is required.
7. UTILITIES
A. The developer shall comply with all the rules,
regulations and design requirements of the
respective utility agencies regarding services to
the project.
8 B. The developer shall be responsible for coordination
with S.D.G. & E., Pacific Telephone, Cable TV
authorities, and other appropriate utilities.
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.
8. MAP
A. This project is approved specifically as 1 (single)
phase.
9. GENERAL REOUIREMENTS 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
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final map shall be submitted for approval by the
Director of Public Works.
C. All provisions of the Subdivision Ordinance of the
Encini tas Municipal Code shall be met as they relate
to the di vision of land including the standard
conditions of approval as attached unless
specifically waived herein.
10. STANDARD MAP CONDITIONS (Chapter 24.16 of the
Municipal Code)
A. That the subdivider provide all necessary easements
and right-of-way to accommodate all streets,
drainage and flood control structures and
facilities, sewer systems, water systems, cable
television and all other required utilities
extending beyond the boundaries of the subdivision.
B. 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 of the water
company or agency serving the subdivision. That the
8 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.
C. That the subdivider comply or agree to comply with
all the conditions of approval contained in the
resolution approving the tentative tract map and not
otherwise provided for by this Chapter.
D. That all required improvements conform to City
Standards.
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