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1990-05 r tit RESOLUTION NO. L-90-05 A RESOLUTION OF THE LEUCADIA COMMUNITY ADVISORY BOARD APPROVING A TENTATIVE PARCEL MAP EXTENSION WHICH WOULD CREATE FOUR PARCELS FROM AN EXISTING 4.5 ACRE SITE LOCATED IN THE 600 BLOCK OF QUAIL GARDENS DRIVE (CASE NO. 89-224 TPM/EXT) WHEREAS, a request for consideration of a Time Extension for a previously approved Tentative Parcel Map (County No. 18754) was filed by Bruce st. Gean dba Quail Gardens view Ltd. per Chapter 24.50 of the City of Encinitas Municipal code, for the property located in the 600 Block of Quail Gardens Drive, legally described as follows: SEE ATTACHMENT "AII WHEREAS, a public hearing was conducted on the application on February 22, 1990; and WHEREAS, the Community Advisory Board considered: 1. The Tentative Parcel Map submitted by the applicant; 8 2. The Staff Report dated February 14, 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 "B" NOW THEREFORE, BE IT RESOLVED, by the Leucadia Community Advisory Board of the City of Encinitas that the request for the Tentative Parcel Map, 89-224 TPM/EXT is hereby approved subject to the following conditions: SEE ATTACHMENT "C" tit JJ/03/CROl-478wp5 (3-2-90/2) I 8 PASSED AND ADOPTED this 22nd day of February, 1990 by the following vote, to wit: AYES: Jacobson, Shur, Kaden, Locko NAYS: None ABSENT: Eldon ~ ABSTAIN: None ~ Allen Shur, Acting Chairperson of the Leucadia Community Advisory Board ATTEST: ~ l t u~L-- ~^ James G. Jones, Assistant Planner 8 8 JJ/03/CROl-478wp5 (3-2-90/2) I 8 ATTACHMENT "A" LEUCADIA COMMUNITY ADVISORY BOARD RESOLUTION NO. L-90-05 Legal Description Those portions of the South Half of the North Half of the Southwest Quarter of the Northeast Quarter and the North Half of the South Half of the Southwest Quarter of the Northeast Quarter of Section 10, Township 13, South, Range 4 West, San Bernardino Meridian, in the County of San Diego, State of California according to Official Plat thereof described as follows: Beginning at the intersection of the North line of said South Half of the North Half of the Southwest Quarter of the Northeast Quarter of said Section with the Easterly line of Quail Gardens Drive, also known as Amersfort Drive as defined by court judgement, Superior Court of the State of California, County of San Diego, as F/P No. 75-294322, recorded October 23, 1975, Book 1975 of Official Records; thence Easterly along said North line North 89°34'27" West, 133.50 feet to the TRUE POINT OF BEGINNING; thence continuing on said line North 89°34'27" West, 538.72 feet thence South 158°23' West 506.86 feet; thence North 40°55'35" West, 219.66 feet; thence South 88°01'37" West, 59.25 feet; thence South 74°59'39" West, 8 159.26 feet; thence North 56°41'37" West, 144.71 feet to a 100 foot radius curve concave Northwesterly; thence Northeasterly and Northerly along the arc of said curve through a central angle of 47°28'03" a distance of 82.85 feet; thence North 14°09'40" West, 232.00 feet to the TRUE POINT OF BEGINNING. 8 JJ/03/CROl-478wp5 (3-2-90/2) 8 ATTACHMENT "B" LEUCADIA COMMUNITY ADVISORY BOARD RESOLUTION NO. L-90-05 FINDINGS Pursuant to City of Encinitas Municipal Code Section 24.50.130(B), the Leucadia Community Advisory Board has considered the current circumstances of the subdivision, the site, and the surrounding areas and makes the following findings: A. The tentative parcel map under current review has remained substantially unchanged from that which was originally approved; and B. The conditions of original approval have remained substantially unchanged from the tentative parcel map as originally approved. The one changed condition, agreed to by the applicant, allows the City of Encinitas to assess current impact fees against the proposed project; and C. The Leucadia Community Advisory Board finds that the map as previously approved, is in conformance with the General Plan, the Zoning code and the Subdivision Ordinance. As required by the Zoning Code, Section 30.16.010(B) (2), the Board makes 8 the following specific findings to allow this project to exceed mid-range density: 1. The environmentally constrained land are adequately protected. Evidence: The County of San Diego certified a Negative Declaration for the tentative parcel map in 1986. No environmentally constrained land was identified. 2. The project shows high sensitivity to the neighboring properties and area to ensure compatibility with land uses and community character. Evidence: The development of 1 acre parcels for single family development is compatible with surrounding land use patterns. The applicant's development of off-site improvements will materially benefit the neighboring properties and the community as a whole. 3. The project design significantly exceeds the minimum standards for development. Evidence: The design and configuration of this subdivision maximizes to the extent practicable amenities of the property while being sensitive to surrounding properties. Off-site 8 JJ/03/CROl-478wp5 (3-2-90/2) . . 8 improvements including but not limited to the upgrading of Quail Gardens Drive are found to exceed ordinary subdivision criteria. 4. The project either: (1) Provides needed public improvements that are significantly beyond the requirements for the project, or; (2) Provides private or public recreational facilities that significantly exceed the project's requirements. (3) Or provides other significant benefits. Evidence: This project proposes off-site improvements to existing access, water, and drainage facilities which were identified during public testimony as having a significant benefit to the immediate vicinity and the community. 8 8 JJ/03/CROl-478wp5 (3-2-90/2) . . 8 ATTACHMENT "c" LEUCADIA COMMUNITY ADVISORY BOARD RESOLUTION NO. L-90-05 Conditions GENERAL CONDITIONS A. This approval will expire in one year, from the date of expiration of the tentative parcel map 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. Prior to recordation, the applicant shall arrange 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. 8 8 JJ/03/CROl-478wp5 (3-2-90/2)