1990-26
RESOLUTION NO. L-90-26
8 .
A RESOLUTION OF THE LEUCADIA
COMMUNITY ADVISORY BOARD APPROVING
A TENTATIVE PARCEL MAP TO CREATE
THREE PARCELS FROM AN EXISTING 1.99 ACRE
SITE LOCATED AT 515 OCEAN VIEW AVENUE
(CASE NO. 90-185 TPM)
WHEREAS, a Tentative Parcel Map to subdivide an existing 1.99
acre site into three lots ranging in size from 15,498 square feet
to 31,800 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
September 6, 1990; and
WHEREAS, the Community Advisory Board considered:
8 1. The Tentative Parcel Map submitted by the applicant;
2. The Staff Report dated August 29, 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, 90-185 TPM is hereby approved subject to the
following conditions:
SEE ATTACHMENT "B"
8 JJ/jm/CRO9-646wp5 (09/18/90-4) 1
8 PASSED AND ADOPTED this 6th day of September, 1990 by the
following vote, to wit:
AYES: Locko, Eldon, Jacobson, Kaden
NAYS: None
ABSENT: Shur C)~ l~
ABSTAIN: None
Allen Shur, Chairperson of the
Leucadia Community Advisory Board
Planner
8
8 JJ/jm/CRO9-646wp5 (09/18/90-4) 2
ATTACHMENT nAn
8 LEUCADIA COMMUNITY ADVISORY BOARD
RESOLUTION NO. L-90-26
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 three lots which
exceed minimum lot sizes for 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.
C. That the site is physically suitable for the type of
development.
8 Evidence: No reason has been identified why the site cannot
physically facilitate single family residential development.
Future development proposals would be subj ect 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,
a Negative Declaration was certified for the previously
approved Tentative Parcel Map (89-264 TPM) on April 19, 1990.
8 JJ/jm/CRO9-646wp5 (09/18/90-4) 3
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 upon extension and no serious public
health problems are anticipated to occur due to the
subdivision requested.
8
8 JJ/jm/CRO9-646wp5 (09/18/90-4) 4
ATTACHMENT nBn
8 LEUCADIA COMMUNITY ADVISORY BOARD
RESOLUTION NO. L-90-26
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. Trail easement required along eastern property line
to be coincident with the proposed 20' sewer
easement.
C. Prior to final map approval, this property must be
annexed to the Encinitas Sanitary District. A
public sewer main must be extended along eastern
8 portion of parcel.
D. No grading shall be allowed nor grading permit
issued until sewer line has been extended to service
all parcels.
E. Prior to final map approval, the existing dwelling
on proposed parcel 1 must be connected to public
sewer or vacated.
2. GENERAL CONDITIONS
A. This approval will expire in two years, on September
6, 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
8 JJ/jm/CRO9-646wp5 (09/18/90-4) 5
and Sewer Service Fees, Traffic Fees, Drainage Fees,
8 and Park Fees. Arrangements to pay these fees shall
be paid prior to final map approval or building
permit issuance as applicable.
D. Approval of this request shall not waive compliance
with 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:
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
8 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:
4. FIRE
A. The unobstructed paved 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
8 to the Fire Chief. The minimum radius of a cul-de-
sac shall not be less than 40 feet.
JJ/jm/CRO9-646wp5 (09/18/90-4) 6
C. Grade: The gradient for a fire apparatus access
8 roadway shall not exceed 20%. The angle of
departure and approach shall not exceed the maximum
approved by the Chief.
D. Gates: All automatic gates across fire access
roadways shall be equipped with approved emergency
key operated switches overriding all command
functions and opening the gate. Gates accessing
more than three residences or residential lots shall
also be equipped with approved emergency traffic
control activating strobe sensor(s), which will
activate the gate on the approach of emergency
apparatus. All automatic gates must meet Fire
Department policies deemed necessary by the Chief
for rapid reliable access.
E. 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.
F. All designated emergency access roads shall be
8 posted pursuant to Fire District Standards.
G. All two-way traffic aisles shall be a minimum of 24
feet wide and emergency access shall be provided,
maintained free and clear a minimum of 24 feet wide
at all times during construction in accordance with
Fire District requirements.
H. 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
shall be displayed on this monument.
I. Structures shall be protected by automatic fire
sprinkler systems. Sprinkler systems shall be
installed to the satisfaction of the Encinitas Fire
Protection District.
J. 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.
8
JJ/jm/CRO9-646wp5 (09/18/90-4) 7
8 APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING
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.
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
8 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
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.
8
JJ/jm/CRO9-646wp5 (09/18/90-4) 8
8 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. All slopes within this project shall be no steeper
than 2:1.
F. A soils/geological/hydraulic report (as applicable)
shall be prepared by a qualified engineer licensed
by the state of California to perform such work
prior to final map approval or at first submittal
of a grading plan.
7. Drainaqe 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
8 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
measures for a period of time satisfactory to the
City Engineer and shall guarantee their maintenance
and satisfactory performance through cash 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, 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.
C. 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.
8
JJ/jm/CRO9-646wp5 (09/18/90-4) 9
8 D. 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
for this project.
E. Concentrated flows across driveways and/or sidewalks
shall not be permitted.
F. The drainage system shall be designed to ensure that
runoff resulting from a 100-year frequency storm of
6 hours or 24 hours duration under developed
conditions, 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
hour storm durations shall be analyzed to determine
the detention basin capacities necessary to
accomplish the desired results.
8. street Conditions
A. The developer shall make an offer of dedication to
the City for all public streets and easement
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
8 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. Thirteen feet shall be dedicated by the developer
along the subdivision frontage based on a center
line to right-of-way width of 28 feet and in
conformance with City of Encinitas standards.
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
8 install, or agree to install and secure with
appropriate security as provided by law,
improvements to City Standards to the satisfaction
I JJ/jm/CRO9-646wp5 (09/18/90-4) 10
'
.
of the City Engineer:
8 Ocean view Avenue widening.
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/ISSUANCE OF ANY
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.
B. The developer shall be responsible for coordination
with S.D.G. & E., Pacific Telephone, and CAble TV
authorities.
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.
10. Map
A. This project will be approved specifically as 1
(single) phase.
8
I JJ/jm/CRO9-646wp5 (09/18/90-4) 11