1990-09
8 RESOLUTION NO. L-90-09
A RESOLUTION OF THE LEUCADIA
COMMUNITY ADVISORY BOARD APPROVING
A TENTATIVE PARCEL MAP TO CREATE
FOUR PARCELS FROM AN EXISTING 1.99 ACRE
SITE LOCATED AT 515 OCEAN VIEW AVENUE
(CASE NO. 89-264 TPM)
WHEREAS, a Tentative Parcel Map to subdivide an existing 1.99
acre site into four lots ranging in size from 16,739 to 21,937
square feet was filed by Robert and Bradley Schlachter; and
WHEREAS, the property is located at 515 Ocean View Avenue and
legally described as follows:
Lot 32 in Block 1 of Avocado Acres, in the County of San
Diego, State of California, to Map thereof No. 1791 filed in
the Office of the County Recorder of San Diego County, April
29, 1924.
WHEREAS, a public hearing was conducted on the application on
April 19, 1990; and
WHEREAS, the Community Advisory Board considered:
8 1. The Tentative Parcel Map submitted by the applicant;
2. The Staff Report dated April 10, 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, 89-264 TPM is hereby approved subject to the
following conditions:
SEE ATTACHMENT "B"
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8 BE IT FURTHER RESOLVED by the Leucadia Community Advisory
Board of the City of Encinitas that:
This project will not have a significant effect on the
environment and a mitigated negative declaration is hereby
certified pursuant to the California Environmental Quality
Act.
PASSED AND ADOPTED this 19th day of April, 1990 by the
following vote, to wit:
AYES: Locko, Kaden, Shur, Eldon, Jacobson
NAYS: None
ABSENT: None ~
ABSTAIN: None ~
Allen Shur, Chairperson of the
Leucadia Community Advisory Board
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8 ATTACHMENT "A"
LEUCADIA COMMUNITY ADVISORY BOARD
RESOLUTION NO. L-90-09
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 2.01 - 3.00
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.
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8 Evidence: Having identified no aspects in which this proposal
could have any signif icant adverse impacts on the environment,
a Negative Declaration is hereby certified for the Tentative
Parcel Map (89-264 TPM) on this date April 19, 1990 and is on
file in the Department of Planning and Community Development.
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 upon extension and no serious public
health problems are anticipated to occur due to the
subdivision requested.
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8 ATTACHMENT "B"
LEUCADIA COMMUNITY ADVISORY BOARD
RESOLUTION NO. L-90-09
Conditions
STANDARD CONDITIONS
1. SPECIFIC CONDITIONS
A. The applicant shall grant to the City of Encinitas
a perpetual easement for noise protection, over,
upon, across and under the subject land and no
habitable building, structure or other thing
whatsoever shall be constructed, erected, placed or
maintained on the subject land except as authorized
herein or pursuant to acoustical studies and Design
Review approved by the City of Encinitas.
B. Prior to final map approval, the applicant shall
vacate the existing 20' wide unnamed public right-
of-way in accordance with City procedures. Said
vacated right-of-way shall henceforth become a
private access easement of 28' width.
8 2. GENERAL CONDITIONS
A. This approval will expire in two years, on April 19,
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 within 15 calendar days from the date of this
approval.
C. For new residential subdivision(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 prior to final map approval.
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8 D. 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.
E. 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:
3. 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 Encini tas F ire Department regarding the security
treatment of the site during the construction phase,
the on- and off-site circulation and parking of
8 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:
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.
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8 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.
G. Approved fire sprinkler plans are required prior to
a Building Permit being issued.
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING
8 COMPLIANCE WITH THE FOLLOWING CONDITIONS:
5. 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.
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8 D. Prior to the building department approving the
connection to the buildings to the private sewer or
water systems located in the private right-of-way,
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:
6. GRADING CONDITIONS
A. No grading permits shall be issued for this
subdivision prior to recordation of the final map.
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 in Chapter
23.24 of the Encini tas Municipal Code. Grading
shall be performed under the observation of a civil
8 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 City Engineer
and verify compliance with Chapter 23.24 of the
Encinitas Municipal Code.
D. No grading shall occur outside the limits of the
SUBDIVISION unless a letter of permission is
obtained from the owners of the affected properties.
E. A separate grading plan shall be submitted and
approved and a separate grading permit issued for
the borrow or disposal site if located within the
city limits.
F. All slopes within this project shall be no steeper
than 2: 1.
G. A soils/geological/hydraulic report shall be
prepared by a qualified engineer licensed by the
State of California to perform such work prior to
final map approval.
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8 7. 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 owner of the subject property shall execute a
hold harmless covenant regarding drainage across the
adjacent property prior to approval of (THE FINAL
MAP/ANY GRADING OR BUILDING PERMIT) for this
project.
8. 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
8 cost to the City. streets that are already public
are not required to be rededicated.
B. Ocean View Avenue shall be dedicated by the
developer along the subdivision frontage in
conformance with City of Encinitas Standards in
effect at the time of final map approval.
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
8 appropriate security as provided by law,
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8 improvements to City standards to the satisfaction
of the City Engineer: The private road of access
to the parcels in conformance with the City of
Encinitas private road standards.
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.
9. UTILITIES
A. The developer shall comply with all the rules,
regulations and design requirements of the
representative utility agencies regarding services
to the project.
B. The developer shall be responsible for coordination
8 with S.D.G.&E., Pacific Telephone, and Cable TV
authorities.
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.
10. MAP
A. This project is approved specifically as 1 (single)
phase.
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