1990-11
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8 RESOLUTION NO. L-90-11
A RESOLUTION OF THE LEUCADIA
COMMUNITY ADVISORY BOARD APPROVING
A TENTATIVE PARCEL MAP TO CREATE
THREE PARCELS FROM AN EXISTING .61 ACRE
SITE LOCATED AT 1231 AND 1227 HYGEIA AVENUE
(CASE NO. 89-213 TPM)
WHEREAS, a Tentative Parcel Map to subdivide an existing .61
acre site into three lots ranging in size from 5,700 to 10,800
square feet was filed by David B. Connell; and
WHEREAS, the property is located at 1231 and 1227 Hygeia
Avenue and legally described as follows:
That portion of Lot 1 in Block 7 of the 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 said County, January 11, 1924, described as follows:
Beginning at the Northwest corner of said Lot 1; thence
Easterly along the Northerly line of said Lot 1, North
74°16'30" East 189.16 feet; thence South 15°43'30" East 141.14
feet; thence parallel with the Northerly line of said Lot 1,
8 South 74°16'30" West 189.16 feet to the Westerly line of said
lot; thence along said Westerly line North 15°43'30" West
141.14 feet to the point of beginning.
Excepting therefrom the Southeasterly 71.00 feet thereof.
WHEREAS, a public hearing was conducted on the application on
May 10, 1990; and
WHEREAS, the Community Advisory Board considered:
1. The Tentative Parcel Map submitted by the applicant;
2. The Staff Report dated April 30, 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, 89-213 TPM is hereby approved subject to the
following conditions:
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8 SEE ATTACHMENT "B"
PASSED AND ADOPTED this 10th day of May, 1990 by the following
vote, to wit:
AYES: Locko, Jacobson, Shur, Kaden, Eldon
NAYS: None
ABSENT: None
ABSTAIN: None OfR- ~
Allen Shur, Chairperson of the
Leucadia Community Advisory Board
ATTEST:
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8 ATTACHMENT "A"
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 5.01 - 8.00
units/acre on the Land Use Policy Map of the General Plan.
The Tentative Parcel Map proposes to create three 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 three 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: This proj ect has been found to have no adverse
impacts on the environment and is exempt from further
environmental review pursuant to CEQA Section 15315.
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-90-10
Conditions
STANDARD CONDITIONS
1. SPECIFIC CONDITIONS
A. Applicant shall relinquish access from Hygeia Avenue
except for the proposed access easement.
B. Prior to recordation of a parcel map pursuant to
this approval, applicant shall provide evidence that
the existing house on proposed parcel 3 is in
compliance with setback regulations. Present
standards require a front yard setback of 25' from
the ultimate right-of-way. Future road standards
may permit Hygeia Avenue to remain at 50' right-of-
way, additional rights-of-way from the present fifty
feet may necessitate a variance to be granted for
front yard setback reduction or a reduction of
building area in order to comply with zoning
standards.
8 c. Prior to Final Parcel Map approval, applicant shall
contact existing residence on parcel 3 to existing
public sewer system.
2. GENERAL CONDITIONS
A. This approval will expire in two years, on May 10,
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 Encinitas Fire 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. All changes in zoning, increases in density or
changes in Fire District conditions of existing or
pending tentative maps shall require annexation to
the Benefit Assessment Area.
F. 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. 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, if
applicable, 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 Encinitas 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/PROJECT) unless a letter of permission
is obtained from the owners of the affected
properties.
E. All slopes within this project shall be no steeper
than 2:1.
F. A soils/geological/hydraulic report (if applicable)
shall be prepared by a qualified engineer licensed
by the state of California to perform such work
prior to building permit issuance; or at first
submittal of a grading plan.
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8 G. Prior to hauling dirt or construction materials to
any proposed construction site within this project
the developer shall submit to and receive approval
from the City Engineer for the proposed haul route.
The developer shall comply with all conditions and
requirements the City Engineer may impose with
regards to the hauling operation.
7. DRAINAGE CONDITIONS:
A. The developer shall exercise special care during the
construction phase of this project to prevent any
offsite siltation. The developer shall provide
erosion control measures and shall construct
temporary desiltation/detention basins of type, size
and location as approved by the City Engineer. The
basins and erosion control measures shall be shown
and specified on the grading plan and shall be
constructed to the satisfaction of the City Engineer
prior to the start of any other grading operations.
Prior to the removal of any basins or facilities so
constructed the area served shall be protected by
additional drainage facilities, slope erosion
control measures and other methods required or
approved by the City Engineer. The developer shall
maintain the temporary basins and erosion control
8 measures for a period of time satisfactory to the
City Engineer and shall guarantee their maintenance
and satisfactory performance through case deposit
and bonding in amounts and types suitable to the
City Engineer.
B. A drainage system capable of handling and disposing
of all surface water originating within the
subdivision shall be required. Said drainage system
shall not be resonsible for handling surface waters
originating off-site and draining onto the subject
property. Said drainage system shall include any
easements and structures as required by the City
Engineer to properly handle the drainage.
C. Concentrated flows across driveways and/or sidewalks
shall not be permitted.
D. The drainage system shall be designed to ensure that
runoff resulting from a 10-year frequency storm of
6 hours or 24 hours duration under developed
condi tions, is equal to or less than the runoff from
a storm of the same frequency and duration under
existing developed conditions. Both 6 hour and 24
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8 hour storm durations shall be analyzed to determine
the detention basin capacities necessary to
accomplish the desired results.
8. STREET CONDITIONS
A. A registered civil Engineer or a licensed land
surveyor shall provide a signed statement that:
liThe existing private roads of access to the project
are within the easements for the benefit of the land
division. II
B. 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.
C. An Irrevocable Offer of Dedication (I.O.D.) shall
be made for five feet along Hygeia adjacent to the
property for public right-of-way purposes in
accordance with the public road standards in effect
at this time; if a road standard requiring less
dedication is adopted prior to parcel map
recordation, then that standard shall apply.
8 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. 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 ISSUANCE OF AN GRADING OR BUILDING PERMIT 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
respective utility agencies regarding services to
the project.
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8 B. The developer shall be responsible for coordination
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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