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 (
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.
.
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.
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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
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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.
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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
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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.
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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.
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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.
.
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