Loading...
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" 8 JJ/04/CRO7-512wp5 (5-11-90-4) '. 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 8 8 JJ/04/CRO7-512wp5 (4-24-90-3) '. 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. 8 JJ/04/CRO7-512wp5 (5-11-90-4) 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. 8 8 JJ/04/CRO7-512wp5 (5-11-90-4) '. 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. 8 JJ/04/CRO7-512wp5 (5-11-90-4) 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. 8 JJ/04/CRO7-512wp5 (5-11-90-4) . 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. 8 JJ/04/CRO7-512wp5 (5-11-90-4) . 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. 8 JJ/04/CRO7-512wp5 (5-11-90-4) ' . 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, JJ/04/CRO7-512wp5 (5-11-90-4) . ' . 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. 8 JJ/04/CRO7-512wp5 (5-11-90-4)