1990-08
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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"
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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
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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.
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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
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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.
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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.
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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.
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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,
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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.
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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.
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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.
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