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1992-03 . RESOLUTION NO. L-92-03 A RESOLUTION OF THE LEUCADIA COMMUNITY ADVISORY BOARD OF THE CITY OF ENCINITAS APPROVING A TENTATIVE PARCEL MAP AND VARIANCE FOR A THREE LOT SUBDIVISION FOR PROPERTY LOCATED AT 123 LEUCADIA BOULEVARD AND LEGALLY DESCRIBED HEREIN (CASE NO.: 89-271 TPM/EIA/V) WHEREAS, a request for consideration of a Tentative Parcel Map, a waiver of the strict interpretation of front, rear and side lot lines as defined in the zoning code, and a Variance was filed by Douglas Harwood to allow for the subdivision of approximately .44 acres into 3 single family residential parcels and a reduction in the required 20 foot front yard setback on resulting parcel 2 to . allow a setback of 13 feet, for property located at 123 Leucadia Boulevard, legally described as; Lots 2 and 4 in Block 9 of SOUTH COAST PARK No.2, in the County of San Diego, State of California, according to Map thereof No. 1859, filed in the Office of the County Recorder of San Diego County, September 21, 1925, EXCEPTING THEREFROM the Southerly 58 feet of Lot 2 and excepting the Southerly 38 feet of Lot 4. WHEREAS, public hearings were conducted on the application on June 6,1991, and February 6, and March 5,1992 before the Leucadia Community Advisory Board as required by law, and all persons desiring to be heard were heard; and WHEREAS, the Community Advisory Board considered: 1. The staff reports dated May 30, 1991 and January 31 and February 28, 1992; 2. The application submitted by the applicant; . DL/**/CRO10-898wp51 (3-19-92) 3. The Tentative Parcel Map dated revised November 20, 1991 . and dated received by the City of Encinitas on November 21, 1991; 4. site Plan Exhibit dated received by the City of Encinitas on February 14, 1992; 5. The Draft Negative Declaration and associated documentation prepared by curtis Scott Englehorn dated December 6, 1991; 6. Oral evidence submitted at the hearings; and 7. Written evidence submitted at the hearings; and 8. The adopted General Plan, Zoning Code, Subdivision Ordinance and associated Land Use Maps; and WHEREAS, the Leucadia Community Advisory Board made the following findings pursuant to Section 66474 of the Subdivision Map Act and pursuant to Sections 24.12.020 and 30.78.030 of the Municipal Code: SEE ATTACHMENT "A" NOW THEREFORE, BE IT RESOLVED by the Leucadia Community . Advisory Board that Tentative Map application No. 89-271 TPM/EIA/V is hereby approved subject to the following conditions: SEE ATTACHMENT liB BE IT FURTHER RESOLVED that the Leucadia Community Advisory Board hereby certifies the associated Negative Declaration (State Clearinghouse # 91121031), which is on file in the Planning and Community Development Department, for the project in conformance with CEQA and the City's Environmental Review Guidelines with mitigation measures identified in the conditions of approval together with a Mitigation Monitoring and Reporting Program established to assure compliance. . DL/**/CRO10-898wp51 (3-19-92) PASSED AND ADOPTED this 5th day of March 1992 by the following . vote, to wit: AYES: Boardmembers Allen, Cameron, Eldon, Buck and Fahlberg NAYS: None ABSENT: None ABSTAIN: None ~ ~ Melissa Allen, Chairperson of the Leucadia Community Advisory Board of the City of Encinitas ATTEST: ,.~ ' /- ~ . ".~ " vC¿,~ '. C'~ '- Diane S. Langag;f // Assistant Plann ( ~ "- . . DL/**/CRO10-898wp51 (3-19-92) . ATTACHMENT "A" RESOLUTION NO. L-92-03 Findings for Approval of a Tentative Parcel Kap for Subdivision of Property Pursuant to Title 24 of the Municipal Code, Waiver of the strict Interpretation of Lot Lines as Defined in the zoning Code Pursuant to section 24.12.020 of the Kunicipal Code, and variance to the Front Yard Setback Pursuant to Section 30.78.030 of the Municipal Code Findinqs for a Tentative Map: (A) That the proposed map is consistent with the General Plan. Facts: The application proposes 3 single family residential lots ranging in net acreage from 4,335 sq. ft. to 5,784 sq. ft. The property is located within the R-11 Zoning District which requires a minimum net lot area of 3,950 square feet and access is provided to each proposed parcel. Discussion: The project conforms to the General Plan density requirements for the R-11 Zoning District. with the exclusion . of the required dedication and the proposed panhandle on Parcel 1, the project site results in a net acreage of .35 acres. Based on the net acreage of the site mid-range density would allow 3.33 dwelling units and maximum density would allow 3.85 dwelling units. As proposed the subdivision results in a density of 8.57 dwelling units per acre which is below the R-11 mid-range density of 9.5 dwelling units per acre. An Environmental Initial study has been conducted for the project proposal and the study concluded that the project conforms with General Plan Policies. Conclusion: Therefore, the Leucadia Community Advisory Board finds the Tentative Parcel Map is consistent with the General Plan. (B) That the design or improvement of the proposed subdivision is consistent with the General Plan. Facts: The Tentative Parcel Map proposes lot sizes in excess of the minimum net lot sizes required for the R-11 Zoning District. A waiver for Parcel 1 of the strict interpretation of lot lines as defined by the zoning code has been granted by the Board, based on findings noted below, which allows the proposed parcels to be in conformance with required R-11 design standards for lot width and lot depth. with the waiver on Parcel 1 viable building envelopes are provided in such a . DL/**/CRO10-898wp51 (3-19-92) way as to accommodate a single family residence on all . proposed parcels to conform to required setbacks. There are portions of the existing structures on parcels 2 and 3 which will encroach into the new required setbacks which will be established as a result of the subdivision. Additionally, the two existing dwellings on the proposed Parcel 3 will not conform to the allowed density in the R-11 zone based on the resulting net acreage. The resulting net acreage of 4, 335 will only allow for one unit on Parcel 3. The proj ect is conditioned to modify the existing structures to meet the resulting setbacks and to convert the two units on Parcel 3 into one unit or remove one unit. A variance is approved, and findings included below, for the resulting front yard setback on parcel 2, which allows a 13 foot front yard setback as measured from the required dedication for public right-of-way. All other design requirements for future residences on the proposed lots can be accommodated by the design of the Tentative Parcel Map. A mature pine tree, considered to be an Italian stone Pine, located on Parcel 3 is designated on the proposed tentative parcel map to be removed. Discussion: The evidence reviewed for the proposed subdivision, which includes an Environmental Initial study, has determined that, based on the waiver of the strict interpretation of lot lines as defined in the zoning code, based on required conditions to bring the existing structures . on Parcels 2 and 3 into conformance with resulting density requirements and setbacks, and based on the front yard variance for Parcel 2. The project conforms to Zoning Code standards and the project design is consistent with General Plan provisions for the R-11 Zoning District. The Board determined that the mature pine tree on Parcel 3 is an important resource to the community, that within the vicinity of the Highway 101/Leucadia Blvd. intersection it is the second most prominent tree and that it is part of the view quality of the public right-of-way in this area. The Board further determined that the building envelope which would allow for the preservation of the tree, which results in approximately 683 of ground floor living area and could accommodate a two story structure of approximately 1866 square feet, is a viable size for construction of a single family residence. Therefore in conformance with Goal 3 and Policies 3.1, 3.6, 4.6 and 4.10 of the Resource Management Element of the General Plan the project is conditioned to save the tree existing on Parcel 3 to the extent possible. If the tree is unable to remain the project is conditioned to replace the tree with three additional trees being a minimum size of 15 feet high and of pine variety. The three replacement trees are required as mitigation to the removal of other trees on the site as well as the tree on Parcel 3. . DL/**/CRO10-898wp51 (3-19-92) Conclusion: Therefore, the Leucadia Community Advisory Board . finds that the Tentative Parcel Map's design is consistent with the General Plan. (C) That the site is physically suitable for the type of development. Facts: The project site is gently sloping and has been previously graded to accommodate the existing structures on proposed parcels 2 and 3. The parcels are provided adequate access and the site is physically suited to provide for three residential parcels in accordance with the development standards for the R-11 Zoning District. Vegetation consists of exotic urban landscape plantings including numerous pine trees of which only approximately five will be removed to accommodate building envelopes and yard areas. Discussion: Only minor grading, if any, will be required to accommodate any future residences since some terracing has been done to accommodate the existing structures. It is most likely that the existing structures will be demolished and/or extensively remodeled. The project is conditioned to bring the existing structures into conformance with setback requirements; additionally, the project is conditioned to convert the two existing cottages on Parcel 3 into a single family residence and/or demolish the structure(s) to conform . with R-11 density requirement, and a variance is approved herein to allow a 13 foot front yard setback for the existing structure on Parcel 2 as measured from the required dedication of public right-of-way. Conclusion: Therefore, the Leucadia Community Advisory Board finds that the site is physically suitable to accommodate the existing structures and/or any future development of single family residences. (D) That the site is physically suitable for the proposed density. Facts: The Tentative Parcel Map proposes three parcels for three single family residences. Discussion: The density analysis for the project calculates the net acreage deducting the area required for the required dedication and for the panhandle on Parcel 1. There are no other physical features on the property which are required to be deducted from net acreage. The proposed subdivision results in a net acreage of .35 acres which results in a density of 8.57 dwelling units per acre which is below the R- 11 mid-range density of 9.5 dwelling units per acre. Conclusion: Therefore, the Leucadia Community Advisory Board finds that the Tentative Parcel Map conforms to the density . DL/**/CRO10-898wp51 (3-19-92) requirements for the R-11 Zoning District established by the . General Plan and that the site is physically suitable for the proposed density. (E) That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. Facts: An Environmental Initial study was conducted for the proposed Tentative Parcel Map. Discussion: The Environmental Initial study recommended that a Negative Declaration be adopted for the proposed Tentative Parcel Map. It was determined that the project design with mitigation measures, which are required as conditions of approval, reduce environmental impacts to a level below significance. Conclusion: The Leucadia Community Advisory Board finds that the project as conditioned and future improvements on the project site will not substantially damage environmental resources nor substantially injure fish or wildlife or their habitat and the Board adopts a Negative Declaration for the project in accordance with the recommendation of the Environmental Initial study. . (F) That the design of the subdivision or type of improvements is not likely to cause serious public health problems. Facts: The applicant has submitted "will service" letters to indicate that the Sewer, Water, Fire and School District can provide adequate service and utilities to the project site. Discussion: The Tentative Parcel Map proposes to create three residential lots. Two of the proposed lots have existing residences. No evidence has been submitted to indicate that a serious public health problem would occur with the construction of any future residences and/or remodeling of the existing residences. Conclusion: Therefore, the Leucadia Community Advisory Board finds that the subdivision and existing and future residences on the site can be adequately serviced with necessary utilities and the project will not cause any serious public health problems. (G) That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision . DL/**/CRO10-898wp51 (3-19-92) Facts: The Tentative Parcel Map is designed to provide . adequate access off of Leucadia Blvd. Parcell gains primary access off Leucadia Blvd. via a panhandle and Parcels 2 and 3 maintain frontage and direct primary access on Leucadia Blvd. Secondary access can be provided off the alley for Parcels 1 and 3. Discussion: There are no private access easements existing on the subject site. A dedication of right-of-way based on a line five feet behind the edge of the existing pavement is required. The required dedication will establish a new front yard setback in which the existing structure on parcel 2 will encroach. A variance to the front yard setback on Parcel 2 is approved herein to allow a 13 foot front yard setback, so that the existing structure on Parcel 2 conforms with setback requirements. Conclusion: Therefore, the Leucadia Community Advisory Board finds that the design of the subdivision and future improvements will not conflict with any public easements or hinder access to, or the use of, property within the proposed subdivision. Findings for a waiver of the strict Interpretation of Lot Lines as . Defined in the Zoninq Code (Section 24.12.020 of the Municipal Code: Suspension of subdivision design requirements may be granted if findings can be made that there are special circumstances or conditions affecting the property in question, and that such suspension will not be materially detrimental to the public welfare or injurious to other property in the immediate vicinity. Facts: The majority of Parcell fronts on an alley which is located adjacent to the project site on the east. An alley is not considered a street and therefore cannot be utilized as primary access to a parcel. Therefore all primary access for the subj ect proj ect must be gained directly from Leucadia Blvd. The project is designed to give primary access to Parcell from Leucadia Blvd. via a panhandle. Pursuant to Chapter 30.04, Definitions, of the Zoning Code, front lot line is the property line abutting the street, rear lot line is a lot line not abutting a street and which is opposite and most distant from the front lot line, and side lot line is any lot line not a front lot line or rear lot line. . DL/**/CRO10-898wp51 (3-19-92) with the strict application of these definitions, the rear . yard setback for the proposed Parcell would be measured from the southerly property line, the lot width would be measured between the easterly and westerly property lines, and the lot depth would be measured between the northerly and southerly property lines. As a result, Parcell would not be in conformance with the required lot width and lot depth requirements for the R-11 zone and the required setbacks would not allow for a viable building envelope. Consequently, the applicant has requested a waiver from the strict interpretation of front, rear, and side lot lines as defined in the zoning code. Discussion: The applicant is requesting a waiver of the strict interpretation of lot lines for Parcel 1 in order to allow the westerly property line to be considered the front lot line, the far easterly property line to be considered the rear lot line, and to allow the northerly and southerly property lines to be considered side lot lines. The redesignated lot lines would allow the rear yard setback to be measured from the far easterly lot line which would result in a viable building envelope. Additionally, the redesignated lot lines would allow the lot width to be measured between the northerly and southerly lot lines, and would allow the lot depth to be measured between the easterly and westerly lot lines which would result in a lot width of 52 feet and a lot . depth of 116 feet which are in conformance with the R-11 standards of 40 feet and 90 feet respectively. The resulting setbacks are depicted on the revised tentative map. It should be noted that the standard front yard setback for a panhandle lot is proposed as opposed to measuring the front yard setback directly from the far westerly lot line which is the redesignated front lot line. The redesignated lot lines on Parcel 1 would allow for the construction of single family residence on a viable building pad in conformance with the development standards of the R-11 Zone. No negative affects on the health, safety, or general welfare of the community have been identified in conjunction with the requested waiver, and no evidence can be found which would suggest that the surrounding neighborhood would depreciate materially in appearance or value as a result of the this project. Conclusion: Therefore, the Leucadia Community Advisory Board finds that the requirement to provide access off Leucadia Blvd. is a special condition which affects the subject property and warrants the waiver of the strict interpretation of lot lines as defined in the Zoning Code. Said waiver enables the parcel to meet the lot width and lot depth requirements for the R-11 zone as well as providing a viable building envelope for the construction of a single . DL/**/CRO10-898wp51 (3-19-92) family residence within the required R-11 setbacks. The Board . further finds that since the R-11 development standards will be maintained since the waiver will not be materially detrimental to the public welfare or injurious to other property in the immediate vicinity. Findinqs for a Variance Pursuant to Section 30.78.030 of the Kunicipal Code: A. A variance from the terms of the zoning regulations shall be granted only when, because of the special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning regulations deprives such property of privileges enjoyed by other property in the vicinity and under the same zoning classification. Facts: The proposal is to encroach 7 feet into the required 20 foot front yard setback as measured from the ultimate width of right-of way for a total setback of 13 feet. The project fronts Leucadia Blvd. at a point where the road begins to split to go around the existing Leucadia Roadside Park which is located northeast of the project site. The project is required to dedicate an irregular piece of right-of way based on a line five feet behind the edge of the existing pavement. Due to the unique alignment of Leucadia Blvd. along the . project frontage, the requirement results in a significant amount of property to be dedicated. The amount of dedication required is not typically required of similar projects fronting on more regular rights-of-way. The standard half street dedication required for the portion of Leucadia Blvd. between Highway 101 and Neptune Avenue is typically 35 feet. Discussion: The significant amount of required dedication is a special circumstance due to the unique alignment of Leucadia Blvd. along the project frontage. The strict application of the measurement of the front yard setback from the ultimate width of right of way would require the removal of, or significant portions of, the existing single family residence on resulting Parcel 2. Since the structure complies with existing setback requirements and would comply with a standard dedication normally required of Leucadia Blvd. between Highway 101 and Neptune Ave. where a more linear alignment exists, the strict application of the R-11 front yard setback would deprive the property of privileges enjoyed by other property in the vicinity and under the same zoning classification. Conclusion: Therefore, the Board finds that special circumstances are applicable to the project due to the unique alignment of Leucadia Blvd. along the project frontage and since the amount of dedication is not typically required in similar projects in the same vicinity and that the strict . DL/**/CRO10-898wp51 (3-19-92) I I application of the zoning regulations would deprive the . property of privileges enjoyed by other property in the vicinity and under the same zoning classification. B. Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the same vicinity and zone in which property is situated. Facts: The project is required to dedicate an irregular piece of right-of way based on a line five feet behind the edge of the existing pavement. Due to the unique alignment of Leucadia Blvd. along the project frontage, the requirement results in a significant amount of property to be dedicated. The amount of dedication required is not typically required of similar projects fronting on more regular rights-of-way. The standard half street dedication required for the portion of Leucadia Blvd. between Highway 101 and Neptune Avenue is typically 35 feet. Discussion: The amount of dedication required is not typically required in similar projects in the same vicinity. If the standard half street dedication of 35 feet were applied to the project the existing structure on parcel 2 would be in conformance with the required 20 foot setback measured from . the ultimate width of right-of-way. Granting of the variance allows the project to dedicate the required amount of dedication and maintain the existing structure on Parcel 2. The project is conditioned so that the construction of any new structure as defined in Chapter 30.04 of the Municipal Code to be constructed in conformance with required building setbacks in effect at the time of building permit issuance. Conclusion: Therefore, the Leucadia Community Advisory Board finds that the approval of the variance doe not constitute a grant of special privileges inconsistent with the limitations upon other properties in the same vicinity and zone in which the property is situated. C. A variance will not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of the property. Facts: The proposal is to allow an existing single family residence to encroach 7 feet into the required 20 foot front yard setback for a total setback of 13 feet. The variance is requested to bring the existing structure on resulting Parcel 2 into conformance with the newly established front setback which results from the public right-of-way dedication required as part of the proposed subdivision. . DL/**/CRO10-898wp51 (3-19-92) I Discussion: The variance will allow for a three lot single . family residential subdivision and will allow the existing structure on resulting parcel 2 to remain. Single family residences are expressly allowed in the R-11 zone. D. No variance shall be granted if the inability to enjoy the privilege enjoyed by other property in the vicinity and under identical zoning classifications: 1. Could be avoided by an alternate development plan which would be of less significant impact to the site and adjacent properties than the project requiring a var1ance; 2. Is self-induced as a result of an action taken by the property owner or the owner's predecessor; 3. Would allow such a degree of variation as to constitute a rezoning or other amendment to the zoning code; 4. Would authorize or legalize the maintenance of any public or private nuisance. Facts: The proposal is to encroach 7 feet into the required 20 foot front yard setback as measured from the ultimate width of right-of way for a total setback of 13 feet. The project . fronts Leucadia Blvd. at a point where the road begins to split to go around the existing Leucadia Roadside Park which is located northeast of the project site. The project is required to dedicate an irregular piece of right-of way based on a line five feet behind the edge of the existing pavement. Due to the unique alignment of Leucadia Blvd. along the project frontage, the requirement results in a significant amount of property to be dedicated. The amount of dedication required is not typically required of similar projects fronting on more regular rights-of-way. The standard half street dedication required for the portion .of Leucadia Blvd. between Highway 101 and Neptune Avenue is typically 35 feet. Discussion: An alternate development plan of removing the two portions of the structure which encroach into the resulting setback would negate the need for the Variance. This would result in the removal of approximately 70 square feet from the front portion of the existing 1448 square foot structure. Since 70 square feet is small in relation to the total size of the structure and since the front portion of the structure would most likely affect the existing floor plan, removing 70 square feet of the structure would probably be more of an impact to the site at this time rather than allowing the structure to remain as is. The need for the variance is not self-induced since the need for the variance is based on a non-standard dedication requirement due to the unique . DL/**/CRO10-898wp51 (3-19-92) alignment of Leucadia Blvd. along the project frontage. The . need for the variance is unique to the subject property and would not result in a new front yard setback standard or legalize the maintenance of a private or public nuisance. Conclusion: Therefore the Leucadia Community Advisory Board finds that no alternate development plan is possible which would be less impacting to the site and adjacent properties, that the need for the variance is not self induced, and that the approval of this variance will not result in a new front yard setback standard or legalize the maintenance of any public or private nuisance. . . DL/**/CRO10-898wp51 (3-19-92) . ATTACHMENT "C" CONDITIONS OF APPROVAL Applicant: Douglas Harwood Case No. 89-271 TPM/EIA/V Subject: Conditions of approval for a Tentative Parcel Map, Environmental Initial Assessment and variance for the proposed subdivision of approximately .44 acres into 3 parcels, and to allow a variance to the front yard setback in the R-11 Zone. Location: 123 Leucadia Blvd. between Highway 101 and Neptune Avenue THE FOLLOWING CONDITIONS SHALL BE COMPLIED WITH BEFORE A SUBDIVISION HAP IS APPROVED BY THE LEUCADIA COMMUNITY ADVISORY BOARD AND FILED WITH THE COUNTY RECORDER OF SAN DIEGO COUNTY. THE SUBDIVISION HAP SHALL SHOW AN ACCURATE AND DETAILED VICINITY HAP, INCLUDING DISTANCES. 1. SPECIFIC CONDITIONS . A. Prior to sale of separate parcels and/or prior to issuance of building permits, whichever occurs first, the two existing units on resulting Parcel 3 shall be converted into one unit or one of the units shall be removed to bring the parcel into conformance with the allowed density in the R-11 zone based on the resulting net acreage of Parcel 3. B. Prior to sale of separate parcels and/or prior to issuance of building permits, whichever occurs first, the existing structures on Parcels 2 and 3 shall be modified to be brought into conformance with the required setbacks of the R-11 zone. Portions of the existing structures encroach into the required R-11 setbacks when measured from the resulting lot lines. This does not apply to the portion of the existing structure on Parcel 2 which will encroach into newly established front setback which results from the required public right-of-way dedication. The project includes an approval for a variance to the front yard setback on Parcel 2 to allow a setback of 13 feet. C. Prior to recordation of the final map, a covenant to the satisfaction of the Planning and Community Development Director shall be recorded in the Office of the County . DL/**/CRO10-898wp51 (3-19-92) Recorder which establishes that the parcels will be . considered as one parcel for development purposes until Conditions 1.A and 1.B noted above are completed. Upon completion of Conditions LA and 1.B a release of covenant may be filed upon request of the property owner. D. Any remodel to the structure on Parcel 2 shall be allowed to encroach into the front yard setback in substantial conformance with the existing floor plan as depicted on the site Plan Exhibit dated received by the City of Encinitas on February 14, 1992. Any new structure not considered a remodel as defined within Chapter 30.04 of the Municipal Code shall be constructed in conformance with the required building setbacks in effect at the time of building permit issuance. E. Prior to final map recordation, a covenant shall be recorded with the County Recorder stating that the owner agrees to save the existing Italian stone Pine tree located in the front of Parcel 3 to the extent possible. If the tree is unable to be preserved, the tree shall be replaced with three additional trees. The replacement trees shall be a minimum size of 15 feet high and of a pine variety, preferably a stone pine or Torrey Pine. The . replacement trees can be placed on any of the resulting three lots. The three trees are required as mitigation to the removal of other trees on the site as well as the tree on Parcel 3. 2. GENERAL CONDITIONS A. This approval will expire on March 5, 1994, 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 agent within 15 days from the date of this approval. C. Nothing in this permit shall relieve the applicant from complying with the conditions and regulations generally imposed upon activities similar in nature to the activity authorized by this permit; D. Approval of this request shall not waive compliance with any sections of the Municipal Code and all other applicable City Ordinances in effect at the time of Building Permit issuance. . DL/**/CRO10-898wp51 (3-19-92) E. Permits from other agencies will be required as follows: . L California Coastal Commission iL San Dieguito Water District iiL Leucadia County Water District F. All cost recovery fees associated with the processing of the subject application shall be paid to the Department of Planning and Community Development Department prior to recordation of the final map. APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 3. SITE DEVELOPKENT A. For new residential dwelling unit (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, Traff ic Fees, Drainage Fees, and Park Fees. Arrangements to pay these fees shall be made prior to recordation of the final map as determined applicable by the appropriate department or agency. . B. New street addresses shall be provided by the Department of Planning and Community Development prior to the issuance of building permits. C. Any change to the natural drainage or concentration of drainage shall be adequately handled and shall not impact adjacent properties other than as shown on the Tentative Map. D. A plan shall be submitted for approval by the Director of Planning and Community Development and the Encinitas Fire Protection District regarding the treatment of the site during the construction phase, and the circulation and parking of construction workers' vehicles and any heavy equipment needed for the construction of the project. E. A covenant to the satisfaction of the Planning and Community Development Director shall be recorded in the office of the County Recorder which includes an exhibit depicting the redesignated lot lines and allowed building setbacks for Parcell in conformance with the waiver of the strict interpretation of lot lines as defined by the zoning code and in conformance with the approved Tentative Parcel dated revised 11/20/91 and received by the City of Encinitas on November 20, 1991. . DL/**/CRO10-898wp51 (3-19-92) 4. ENVIRONMENTAL MITIGATIONS . A. The Mitigation Monitoring and Reporting Program (MMRP) as contained within the Negative Declaration for the project as Certified by the Leucadia Community Advisory Board on this date shall be instituted for the project. A covenant shall be recorded agreeing to submit funds to accomplish the Mitigation Monitoring and Reporting Program prior to issuance of. any permits for the project. The amount necessary will be determined by the Director of Planning and Community Development and the City Engineer prior to issuance of said permits. B. To insure that each parcel will be developed in compliance with the City of Encinitas Noise Ordinance an open space easement for noise protection purposes shall be placed over, upon, across and under the subdivision 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 a noise analysis and Administrative Design Review approved by the City of Encinitas. The City Engineer and Planning Department shall check site and building plans to ensure that all measures recommended by the noise analysis to attenuate noise to city Noise Ordinance levels are included. . C. It has been found that this project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code and is thereby exempt from Department of Fish and Game filing fees. THESE ITEMS KUST BE COMPLETED PRIOR TO FINAL FIRE DISTRICT APPROVAL. APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 5. 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. 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 . DL/**/CRO10-898wp51 (3-19-92) 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. 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 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. D. 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. E. structures shall be protected by automatic fire sprinkler systems. Sprinkler systems shall be installed to the satisfaction of the Encinitas Fire Protection District. . 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 BUILDING DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 6. BUILDING A. 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. . DL/**/CRO10-898wp51 (3-19-92) APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING . COMPLIANCE WITH THE FOLLOWING CONDITIONS: 7. GRADING 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 Encinitas 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. 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. This does not pertain to the off-site road improvements. . E. All newly created 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. The report shall be prepared prior to building permit issuance or at first submittal of a grading plan. 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. 8. DRAINAGE AND FLOOD CONTROL 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 . DL/**/CRO10-898wp51 (3-19-92) I 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 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 wi thin 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. Drainage shall be directed to Leucadia Boulevard such that runoff will enter Leucadia Park. Drainage shall not be directed to the alley. . 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. D. Concentrated flows across driveways and/or sidewalks shall not be permitted. 9. 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 public are not required to be rededicated. An irregular piece of right-of way shall be dedicated by the developer along the subdivision frontage of Leucadia Boulevard based on a line 5 feet behind the edge of the existing pavement. . DL/**/CRO10-898wp51 (3-19-92) B. 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. C. 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: Curb and sidewalk along Leucadia Boulevard. D. 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. E. Improvements constructed within the present or future public right-of way shall be considered temporary. Applicant shall enter into an encroachment removal covenant agreeing to remove those improvements at the direction of the city. . 10. TRAFFIC A. Landscaping for the three parcels shall be set back so as not to create a site distance problem along Leucadia Boulevard. APPLICANT SHALL CONTACT THE APPROPRIATE AGENCY REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 11. 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 and all other affected utilities. C. All proposed utilities within the project shall be installed underground including existing utilities unless exempt by the Municipal Code. . DL/**/CRO10-898wp51 (3-19-92) D. The developer shall be responsible for the relocation and . undergrounding of existing public utilities, as required. E. If private sewer will serve this development then a maintenance agreement must be executed before recordation of the Final Map. F. The subject property is currently being served by one or more water meters. According to the San Dieguito Water District Administrative Code, any parcel of land that is subdivided requires the owner to furnish the District with a written agreement, showing which lot, or lots, each meter is to serve. The District, at that time, may require relocation of meters to the front of lots served at owners expense. 12. PUBLIC WORKS ADDITIONAL CONDITIONS A. This project is approved specifically as 1 (single) phase. . . DL/**/CRO10-898wp51 (3-19-92)