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1990-10 . 8 RESOLUTION NO. L-90-10 A RESOLUTION OF THE LEUCADIA COMMUNITY ADVISORY BOARD APPROVING A TENTATIVE PARCEL MAP TO CREATE FOUR PARCELS FROM AN EXISTING 1.67 ACRE SITE LOCATED AT 602 UNION STREET (CASE NO. 89-090 TPM) WHEREAS, a Tentative Parcel Map to subdivide an existing 1.67 acre site into four lots was filed by Mr. Eric Larson; and WHEREAS, the property is located at 602 Union Street and legally described as follows: SEE ATTACHMENT "A" WHEREAS, a public hearing was conducted on the application on April 19, 1990; and WHEREAS, the Community Advisory Board considered: 1. The Tentative Parcel Map submitted by the applicant; 2. The Staff Report dated April 11, 1990; 8 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" WHEREAS, the Leucadia Community Advisory Board made the required findings to exceed mid-range density pursuant to Municipal Code Section 30.16.010(B) (a-d): SEE ATTACHMENT "C" NOW THEREFORE, BE IT RESOLVED, by the Leucadia Community Advisory Board of the City of Encinitas that the request for the Tentative Parcel Map, 89-090 TPM is hereby approved subject to the following conditions: SEE ATTACHMENT "D" 8 JJ/04/CRO7-523wp5 (4-27-90/2) 8 PASSED AND ADOPTED this 19th day of April, 1990 by the following vote, to wit: AYES: Kaden, Eldon, Shur, Locko, Jacobson NAYS: None ABSENT: None ABSTAIN: None ~~ Al en Shur, Chalrperson of the Leucadia Community Advisory Board Ja 8 8 JJ/04/CRO7-523wp5 (4-27-90/2) 8 ATTACHMENT "A" LEUCADIA COMMUNITY ADVISORY BOARD RESOLUTION NO. L-90-10 All that portion of the East Half of the Southwest Quarter of the Southwest Quarter of the Northwest Quarter of Section 10, Township 13 South, Range 4 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to Official Plat thereof described as follows: Beginning at the Southeast corner of said Southwest Quarter of the Northwest Quarter of Section 10, as said corner is shown on Record of Survey Map No. 1338, filed in the Office of the County Recorder of San Diego County; thence North 03°26'55" East (record North 03°27'30" East) along the East line of said Southwest Quarter of the Northwest Quarter, 648.35 feet to the Northeast corner of the South Half of said Southwest Quarter of the Northwest Quarter; thence North 89°38'47" West along the North line of the South Half of the Southwest Quarter of the Northwest Quarter, 702.14 feet to the Northeast corner of said East Half of the Southwest Quarter of the Southwest Quarter of the Northwest Quarter; thence along the East line thereof South 04°02'32" West, 373.66 feet to the Southeast corner of land described under Parcel 10 of Deed to Takara International, Inc., a California Corporation, recorded May 31, 1974 as File No. 74-142925 of Official Records, being the 8 TRUE POINT OF BEGINNING; thence continuing along said East line South 4°02'32" West 274.07 feet to the South line of said Northwest Quarter of said Section 10; thence North 89°33'40" West along said South line, 208.40 feet to the Southeast corner of land described in Deed to Roberta A. Corbin, an unmarried woman, recorded February 26,1982 as File No. 82-052808 of Official Records; thence along the Easterly line thereof North 4°02'15" East, 163.00 feet to the Northeast corner of said Corbin's land; thence along the Northerly line thereof to and along the Northerly line of land described in deed to James W. Logan, et ux, recorded October 27, 1977 as File No. 77-444374 of Official Records; North 89°38'00" West, 146.00 feet to the Westerly line of land described in deed to Eric Larson, et ux, recorded February 7,1957 in Book 6449, Page 190 of Official Records; thence North 4 °02' 15" East along said Westerly line, 110.76 feet to the Southwest corner of said Takara International, Inc. Land; thence South 89°38'47" East along the Southerly line thereof 351.00 feet, more or less, to the TRUE POINT OF BEGINNING. 8 JJ/04/CRO7-523wp5 (4-27-90/2) 8 ATTACHMENT "B" LEUCADIA COMMUNITY ADVISORY BOARD RESOLUTION NO. L-90-10 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. The Parcel Map conforms to General Plan and Zoning Code requirements. There is no specific plan for the subject parcel. 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 identified 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/04/CRO7-523wp5 (4-27-90/2) 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/CRO7-523wp5 (4-27-90/2) 8 ATTACHMENT "C" LEUCADIA COMMUNITY ADVISORY BOARD RESOLUTION NO. L-90-10 Findings to Exceed Min-Range Density [Section 30.16.010(B) (a-d) of the Zoning Code] a. The environmentally constrained lands are adequately protected, and; Evidence: There are no environmentally constrained lands evident on the site to be protected. b. The project shows high sensitivity to the neighboring properties and area to ensure compatibility with land uses and community character, and; Evidence: The proposed lots average 15,246 square feet which represents an increase above the minimum lot size for this zone of approximately 8 5 1/2%. These larger than required lots will allow for residential development in keeping with the surrounding uses and will create larger yard areas which provide for greater separation and buffering between uses. c. The project design significantly exceeds the minimum standards for development, and; Evidence: All lots are providing greater area than required by the Zoning Code. Additionally, all lots exceed the minimum requirements in terms of lot depth and width. The provision of an access easement minimizes the potential for vehicular conflicts with traffic along Union Street. The existing property evidences a di versi ty of landscaping and the applicants will relocate, at their expense, any significant plantings disturbed by this subdivision. d. 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 8 significantly exceed the project's requirements; JJ/04/CRO7-523wp5 (4-27-90/2) 8 (3) Or provides other significant benefits. Evidence: With this project's superior design and high sensitivity to neighboring uses, this project itself is found to be a significant benefit to the community. 8 8 JJ/04/CRO7-523wp5 (4-27-90/2) 8 ATTACHMENT "D" LEUCADIA COMMUNITY ADVISORY BOARD RESOLUTION NO. L-90-10 Conditions 1. SPECIFIC CONDITIONS A. The applicant will, at their expense relocate any trees disturbed by future right-of-way improvements. B. The applicant shall, prior to final map approval, relocate the fence along the west side of the proposed parcel 3 and the southern side of proposed parcel 1. This relocation shall resolve the encroachment onto the adjoining property. C. The applicant shall redesign parcel 2 to increase its width to the maximum dimension possible. D. The existing greenhouse on parcels 1 and 2 shall be removed prior to the issuance of any building permits for the project. A covenant to the satisfaction of the Planning and Community Development Director shall be recorded in the office of the County Recorder which 8 establishes that the parcels will be considered as one parcel for development purposes until the greenhouse is removed. Upon removal of the greenhouse and any other structures in conflict with Municipal Code regulations, a release of covenant may be filed upon request of the property owner.. E. The existing driveway encroaching onto the proposed parcel 3 shall be removed. F. Existing gas and water meters located in the private road easement shall be removed prior to final map approval. G. The existing shed located on parcel 3 shall be removed prior to final map approval. 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. 8 JJ/04/CRO7-523wp5 (4-27-90/2) 8 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. D. Permits from other agencies will be required as follows: 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. 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: 8 4. FIRE 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. A. The unobstructed width of a fire access roadway shall be not less than 24 feet. EXCEPTION: A fire access roadway providing access to only one single family dwelling shall be not less than 16 feet in paved width. B. Turnarounds: All dead-end fire access roads in excess of 150 feet in length shall be provided with a cul-de- sac or equivalent turning area satisfactory to the Fire Chief. The minimum radius of a cul-de-sac shall not be less than 40 feet. C. 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 8 asphalt paving shall be in place to provide adequate, JJ/04/CRO7-523wp5 (4-27-90/2) permanent access for emergency vehicles. Said access 8 shall be maintained to the satisfaction of the Fire District. D. All designated emergency access roads shall be posted pursuant to Fire District Standards. E. Address 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. Permanent address numbers shall be displayed on this monument. F. structures shall be protected by automatic fire sprinkler systems. Sprinkler systems shall be installed to the satisfaction of the Encinitas Fire Protection District. G. 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. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 8 5. 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 developer shall pay the current local drainage area fee prior to approval of the final map for this project or shall construct drainage systems in conformance with the Master Drainage Plan and City of Encinitas Standards as required by the City Engineer. 6. 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 8 public are not required to be rededicated. JJ/04/CRO7-523wp5 (4-27-90/2) 8 B. Union street shall be dedicated by the developer along the subdivision frontage based on a center line to right- of-way width in conformance with City of Encinitas Standards in effect at the time of final map approval. 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: Union street shall be improved along the project's frontage in conformance with a local residential classification. The private road of access to parcels 1 and 2 shall be improved with 24 foot wide A.C. pavement plus drainage control, unless a lesser width of paving is specifically approved by the Encinitas Fire District. 8 E. 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. F. 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 proj ect. 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. G. 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. 7. 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 8 and other applicable utilities. JJ/04/CRO7-523wp5 (4-27-90/2) ~ 8 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. E. The Subdivider shall provide separate sewer, water, gas, and electric services with meters to each of the units. 8 8 JJ/04/CRO7-523wp5 (4-27-90/2)