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1990-08 . 8 RESOLUTION NO. L-90-08 A RESOLUTION OF THE LEUCADIA COMMUNITY ADVISORY BOARD APPROVING A TENTATIVE PARCEL MAP TO CREATE FOUR PARCELS FROM AN EXISTING 0.68 ACRE SITE LOCATED AT 920 HYGEIA AVENUE AND 244 LEUCADIA BOULEVARD (CASE NO. 89-292 TPM) WHEREAS, a Tentative Parcel Map to subdivide an existing 0.68 acre site into four lots ranging in size from 5850 to 7325 square feet was filed by Mr. Larry Cortes; and WHEREAS, the property is located at 920 Hygeia Avenue, and 244 Leucadia Boulevard and legally described as follows: SEE ATTACHMENT "A" WHEREAS, a public hearing was conducted on the application on April 5, 1990; and WHEREAS, the Community Advisory Board considered: 8 1. The Tentative Parcel Map submitted by the applicant; 2. The Staff Report dated March 27, 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, 89-292 TPM is hereby approved subject to the following conditions: SEE ATTACHMENT "C" 8 JJ/04/CRO7-505wp5 (4-10-90/2) 8 PASSED AND ADOPTED this 5th day of April, 1990 by the following vote, to wit: AYES: Kaden, Eldon, Shur NAYS: None ABSENT: Locko, Jacobson ABSTAIN: None ~ >fL-- Allen Shur, Chairperson of the Leucadia Community Advisory Board . 8 JJ/04/CRO7-505wp5 (4-10-90/2) 8 ATTACHMENT "A" LEUCADIA COMMUNITY ADVISORY BOARD RESOLUTION NO. L-90-08 PARCEL 1: THE NORTHERLY 63.15 FEET OF LOT 19 IN BLOCK 4 OF SOUTHCOAST PARK, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1776, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 11, 1924. PARCEL 2: LOT 19 (EXCEPTING THE NORTHERLY 63.15 FEET AND THE EASTERLY 115.00 FEET THEREOF), IN BLOCK 4 OF SOUTH COAST PARK, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1776, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 11,1924, TOGETHER WITH THAT PORTION OF EAST FULVIA STREET, WHICH BY OPERATION OF LAW, REVERTED TO THE HEREINABOVE DESCRIBED PORTION OF SAID LOT 19 WHEN SAID PORTION OF EAST FULVIA STREET WAS VACATED AND CLOSED TO PUBLIC USE BY THE SAN DIEGO COUNTY BOARD OF SUPERVISORS IN RESOLUTION NO. 22, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 30, 1975 AS FILE NO. 75- 133935 AND JULY 17, 1975 AS FILE NO. 75-185169, BOTH OF OFFICIAL RECORDS. . 8 JJ/04/CRO7-505wp5 (4-10-90/2) 8 ATTACHMENT "B" LEUCADIA COMMUNITY ADVISORY BOARD RESOLUTION NO. L-90-08 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 identif ied 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. JJ/O4/CRO7-505wp5 (4-10-90/2) 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. 8 8 JJ/04/CRO7-505wp5 (4-10-90/2) 8 ATTACHMENT "C" LEUCADIA COMMUNITY ADVISORY BOARD RESOLUTION NO. L-90-08 Conditions STANDARD CONDITIONS 1. GENERAL CONDITIONS A. This approval will expire in two years, on April 5, 1992, 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 wi thin 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. 8 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 Encinitas, acting through the authorized agency, may 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. 8 JJ/04/CRO7-505wp5 (4-10-90/2) 8 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: 2. SITE DEVELOPMENT A. Any change to the natural drainage or concentration of drainage shall be adequately handled and shall not impact adjacent properties. 8 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 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 8 maintained to the satisfaction of the Fire District. JJ/04/CRO7-505wp5 (4-10-90/2) 8 B. All designated emergency access roads shall be posted pursuant to the Fire District standards. C. 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. D. structures shall be protected by automatic fire sprinkler systems. Sprinkler systems shall be installed to the satisfaction of the Encinitas Fire Protection District. E. 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. F. All streets improved to 20 foot width shall be posted for no parking on both sides of the street. 8 G. Approved fire sprinkler plans are required prior to a Building Permit being issued. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 4. BUILDING A. Provide compliance with the Uniform Building code for property line clearances considering use, area and fire resistance of existing buildings. B. Existing building(s) shall be made to comply with current building and zoning regulations for the intended use or the building shall be demolished with appropriate permits. C. Existing sewage disposal facilities shall be removed, filled and/or capped to comply with appropriate grading practices and the Uniform Plumbing Code. D. Prior to the building department approving the connection to the buildings to the private sewer or 8 water systems located in the private right-of-way, JJ/04/CRO7-505wp5 (4-10-90/2) , . . 8 the civil engineer responsible for the design and the inspector responsible for the system inspection must certify in writing to the Director of Public Works that the sewer and/or water systems were designed and constructed in accordance with the utility district or agency standards for public systems. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 5. GRADING CONDITIONS A. The project proposes no grading of the site. B. A soils/geological/hydraulic report (as applicable) shall be prepared by a qualified engineer licensed by the state of California to perform related work prior to final map approval. 6. DRAINAGE CONDITIONS A. A drainage system capable of handling and disposing 8 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. Concentrated flows across driveways and/or sidewalks shall not be permitted. 7. 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. Hygeia 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 8 conformance with City of Encinitas Standards. JJ/04/CRO7-505wp5 (4-10-90/2) . , .' . 8 c. 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. D. 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: The road of access to parcels 1, 2 and 3 width 20 foot wide a.c. pavement and in accordance with the City of Encinitas private road standards (0-100 trips classification). F. Developer shall execute and record a covenant with the County Recorder agreeing not to oppose the 8 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. 8. UTILITIES A. The developer shall comply with all the rules, regulations and design requirements of the respective utility agencies regarding services to the project. B. The developer shall be responsible for coordination with S.D.G. & E., Pacific Telephone, and Cable TV authorities and other applicable utilities. C. All proposed utilities within the project shall be installed underground including existing utilities unless exempt by the Municipal Code. 8 JJ/04/CRO7-505wp5 (4-10-90/2) . . ' . 8 D. The developer shall be responsible for the relocation and undergrounding of existing public utilities, as required. 10. MAP A. This project is approved specifically as 1 (single) phase. 8 8 JJ/04/CRO7-505wp5 (4-10-90/2)