1988-22
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RESOLUTION NO. 88-22
A RESOLUTION OF THE LEUCADIA COMMUNITY ADVISORY BOARD
"- OF THE CITY OF ENCINITAS
APPROVING TENTATIVE PARCEL MAP APPLICATION 88-068 TPM
TO CREATE THREE LOTS FROM ONE
FOR PROPERTY LOCATED AT 1885 EUCALYPTUS AVENUE
KNOWN AS: PORTION OF THE SOUTH HALF OF SECTION 33 T.12SR.4W.,
5. B. M., CITY OF ENCINITAS COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA
WHEREAS, S ink Nguyen applied for approval of Tentative
Parcel Map 88-068 TPM to allow for creation of three lots from one
lot for property located at 1885 Eucalyptus Avenue to allow for
construction of three detached single family residential units; and
WHEREAS, public hearings were conducted on application
88-068 on March 17, 1988, May 26, 1988 and August 11, 1988 by the
Leucadia Community Advisory Board, at which time all persons
-
desiring to be heard were heard; and,
WHEREAS, evidence was submitted and considered to include
without limitation:
1. The application submitted by Sink Nguyen including all
plans for development and other written information,
which were reviewed as part of the hearing; and
2. The staff reports dated March 10, 1988, May 19, 1988,
July 13, 1988 and August 4, 1988, which was reviewed as
part of the hearings; and
3. Oral information submitted at the hearing; and
4. Additional written documentation.
WHEREAS, at said hearing the Leucadia Community Advisory Board
made the following findings:
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a. That the proposed map and the design or improvement of
the proposed subdivision is consistent with applicable
general and specific plan as specified in Section 65451
of the Subdivision Map Act as the proposal is to develop
at 3.44 units per acre which is below that which is
allowed by the General Plan and the Zoning Ordinance; and
b. That the site is physically suitable for the type of
proposed development as the site is fairly level and can
easily facilitate the development as proposed; and
c. That the site is physically suitable for the proposed
density of development as the proposal is for relatively
low density single family residential; and
d. That the design of the subdivision or the proposed
improvements are not likely to cause substantial
environmental damage or substantially and avoidable
injure fish or wildlife or their habitat as there were
no aspects of the proposal which were found to have
significant adverse environmental impacts and a Negative
Declaration is hereby certified; and
e. That the design of the subdivision or type of
improvements is not likely to cause serious public health
problems as all public utilities have been shown to be
available.
f. A waiver of design standards pursuant to Section
24.12.020 of the Municipal Code to waive Sections
-- 24.12.030 D, G, F, and J relative to lot width, panhandle
frontage and lot depth to width ratio due to previous
actions which created the subject parcel and placed an
existing house on the parcel which further caused this
subdivision of the property to need waivers of referenced
standards. These waivers are not materially detrimental
to the public welfare or injurious to other property in
the immediate vicinity.
NOW THEREFORE, BE IT RESOLVED that Tentative Parcel Map
Application 88-068 TPM is hereby approved and is subject to the
following conditions prior to recordation of a Final Map:
1. GENERAL CONDITIONS
A. This approval is granted for a period of 24 month(s) at
the end of which time the Authorized Agency may extend
the approval, add or delete conditions, or revoke the
approval.
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B. Approval of this request shall not waive compliance with
all sections of the Zoning Development Code and all other
applicable City Ordinances in effect at the time of
Building Permit issuance.
C. The applicant shall comply with the latest adopted
Uniform Building Code, Uniform Mechanical Code, Uniform
Plumbing Code, National Electric Code, Uniform Fire Code,
and all other applicable codes and ordinances in effect
at the time of Building Permit issuance.
D. Permits from other agencies will be required as follows:
a. Coastal Development Permit or finding of exemption
for this subdivision and for future residential
projects from the California Coastal Commission
prior to recordation of the final map.
E. Although the structures as Zoning Ordinance may allow
certain building two story structures, the U.B.C. may
define the structure as a 3 story building requiring
additional structural improvements.
APPLICANT SHALL CONTACT THE DEPARTHBNT OF PLANNING AND
COMMUNITY DEVBLOPMENT REGARDING COMPLIANCE WITH THB FOLLOWING
CONDITIONS:
2. SITB DBVBLOPHBNT
A. All roof appurtenances, including air conditioners and
solar systems, shall be architecturally integrated,
shielded from view and sound buffered from adjacent
properties and streets.
B. Prior to any use of the project site, all conditions of
approval contained herein shall be completed to the
satisfaction of the Director of the Planning and
Community Development Department.
C. For new residential dwelling unit(s), the applicant shall
pay development fees at the established rate. Such fees
may include, but not be I imi ted to: Permit and Plan
Checking Fees, School Fees, Water and Sewer Service Fees,
Traffic Fees, Drainage Fees, and Park Fees. These fees
shall be paid:
1. Prior to final map approval or
2. Prior to building permit issuance.
As deemed appropriate by the specified Department.
D. Building identification and/or addresses shall be placed
on all new and existing buildings so as to be plainly
visible from the street or access road; color of
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identification and/or addresses shall contrast with their
background color.
E. Owner(s) shall enter into a covenant waiving any claims
of liability against the City and agree(s) to indemnify
and hold harmless the City and City's employees relative
to the approved project. The covenant shall also include
provisions for maintaining an unobstructed view at the
entry to the subdivision.
3. PARKING AND VEHICULAR ACCESS
A. Driveways shall meet the standards of the Zoning
Ordinance and the off street Parking Design Manual.
B. Landscaping shall be maintained in such a way so view
corridors are not blocked.
APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
7. FIRE
A. Prior to delivery of combustible building materials on
site, water and sewer systems shall satisfactorily pass
all required tests and be connected to the public water
and sewer systems. In addition, the first lift of
asphalt paving shall be in place to provide adequate,
permanent access for emergency vehicles. The final life
of asphalt shall not be installed until all other
construction activity has been substantially completed
to the satisfaction of the City.
B. All roads shall be posted as emergency fire access with
no parking.
C. Submit a letter from the Encinitas Fire Protection
District stating satisfaction with the type and location
of Fire hydrants and the minimum required water flow in
gallons per minute together with a letter from the
appropriate agency certifying that the fire department's
minimum required water flow is available to serve the
site. Provisions shall be made to insure a maximum water
pressure of 100 psi. The installation of a pressure
reducing station may be required. Fire hydrants shall
be of a bronze type.
8. EXISTING STRUCTURE
A. Provide compliance with the Uniform Building code for
property line clearances considering use, area and fire
resistiveness of existing buildings.
B. Provide compliance with the Zoning Ordinance for
applicable setbacks for existing structures prior to
Final Map approvals.
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APPLICANT SHALL CONTACT THE COMMUNITY SERVICES DEPARTHBNT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
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9. RECREATION
A. The developer shall pay the Park Fee at the established
rate prior to final map approval.
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTKBNT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
10. GRADING
A. Grading of the subject property shall be in accordance
with the Uniform Building Code, City Grading Ordinance,
approved grading plan and geotechnical report, and
accepted grading practices.
B. A soils and hydrology report shall be prepared by a
qualified engineer licensed by the state of California
to perform such work:
1. Prior to building permit issuance; or
2. At first submittal of a grading plan.
C. The final grading plan shall be subject to review and
approval by the Publ ic Works Department and shall be
completed prior to recordation of the final subdivision
map or issuance of building permit, whichever comes
first; and
1. Grading plans shall show drainage of the lots to be
designed so that all drainage flows to the southwest
corner of the parcel(s) where it abuts Eucalyptus
Avenue.
11. STREETS AND SIDEWALKS
(The authorized agency may modify City standards in particular
cases. The application of a request for such modification
must show special circumstances or conditions affecting the
property in question; and that such modification is necessary
for the preservation and enjoyment of a substantial property
right of the applicant; and that the modification will no be
materially detrimental to the public welfare or injurious to
other property in the immediate vicinity.)
A. Reciprocal access and maintenance and/or agreements shall
be provided insuring access to all parcels over private
roads, drives or parking areas and maintenance thereof
to the satisfaction of the Director of Public Works.
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B. Said private easements shall be an unobstructed road and
shall be a minimum of thirty feet wide and paved to a
width of twenty-four feet with asphaltic material.
c. All private easement structural sections shall be
submi tted to, and approved by the Director of Public
Works.
D. Private easement improvement plans prepared on standard
size sheets by a Registered civil Engineer shall be
submitted for approval by the Director of Public Works.
Plan check and inspection expenses shall be paid by the
developer.
E. All private easement improvements shall be constructed
prior to issuance of building permi ts, to the
satisfaction of the Director of Public Works.
F. All damaged off-site public works facilities, including
parkway trees, shall be repaired or replaced prior to
exoneration of bonds and improvements, to the
satisfaction of the Department of Public Works.
G. Prior to any work being performed in the public
right-of-way, an encroachment permit shall be obtained
from the Public Works office and appropriate fees paid,
in addition to any other permits required.
H. The developer shall pay the Traffic Mitigation Fee at
the established rate at the date the final inspection or
the date the certificate of occupancy is issued,
whichever occurs later.
12. DRAINAGE AND FLOOD CONTROL
A. A drainage system capable of handling and disposing of
all surface water originating within the subdivision, and
all surface waters that may flow onto the subdivision
from adjacent lands, shall be required. Said drainage
system shall include any easements and structures as
required by the Director of Public Works to properly
handle the drainage.
B. Portland cement concrete cross gutters shall be installed
where water crosses the roadways.
C. Concentrated flows across driveways and/or sidewalks
shall not be permitted.
APPLICANT SHALL CONTACT THE APPROPRIATE AGENCY REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
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13. UTILITIES
A. All proposed utilities within the project shall be
installed underground including existing utilities.
B. utility easements shall be provided to the specification
of the serving utility companies and the Director of
Public Works.
C. That each lot have a separate sewer lateral extending
from the residential structure to the street or private
utility encroachment; said lateral to be approved by the
Leucadia County Water District.
D. The developer shall be responsible for the relocation
and undergrounding of existing public utilities, as
required.
E. Water, sewer, and fire protection systems plans shall be
designed and constructed to meet requirements of the City
of Encinitas, Fire District, Appropriate Agency and the
Health Department of the County of San Diego.
F. Prior to acceptance of property for sewer service,
annexation to the sewer improvement area shall occur.
G. The applicant shall pay for a water system analysis to
establish the proper size and location for the public
water system. The amount will be determined by the cost
of the analysis and shall be paid:
a. Prior to final map, or
b. Prior to building permit issuance.
H. Applicant shall provide a letter of availability from
the appropriate utility serving agencies prior to
granting permits or final map.
I. Cable television services shall be provided and installed
underground. The developer shall notify the Cable
company when trenching for utilities is to be
accomplished.
14. GENERAL REQUIREMENTS AND APPROVALS
A. Final parcel and tract maps shall conform to City
standards and procedures and the Subdivision Map Act.
B. Should this subdivision be further divided, each final
map shall be submitted for approval by the Director of
Public Works and the Director of the Planning and
Community Development Department.
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C. All provisions of the Subdivision Ordinance of the
Encinitas Municipal Code shall be met as they relate to
the division of land including the standard conditions
of approval as attached.
D. Those portions of the subject property proposed to be
held under common ownership shall be labeled such and
identified by a separate lot number on the final map.
E. Prior to final map approval, all dedications shall be
made and easements granted as required above.
15. STANDARD MAP CONDITIONS (Chapter 24.16 of the Municipal Code)
A. That the subdivider grade and improve or agree to grade
and improve all land dedicated or to be dedicated for
streets or easements, bicycle routes, and all private
streets and private easements laid out on a final map or
parcel map in such manner and with such improvements as
are necessary for the use of the lot owners in the
subdivision and local neighborhood traffic and drainage
needs, and in accordance with the City Standards.
B. That the subdivider install or agree to install all
drainage and flood control structures and facilities
required by the City Engineer, which drainage and flood
control structures and facilities shall conform to the
City Standards and the General Plan.
C. That the subdivider install or agree to install fire
hydrants and connections of a type and location approved
by the Fire Chief and City Engineer.
D. That the subdivider provide all necessary easements and
right-of-way to accommodate all streets, drainage and
flood control structures and facilities, sewer systems,
water systems, cable television and al other required
utilities extending beyond the boundaries of the
subdivision.
E. That the subdivider shall provide that the subdivision
be connected to a domestic water system approved by the
city and all water system facilities shall be subject to
the requirements of the water company or agency serving
the subdivision. That the subdivider shall install or
agree to install all required water systems necessary to
serve the subdivision, including fire hydrants and
connections as may be required, and that all water lines,
appurtenances and service connections have been
constructed or laid prior to paving or provisions have
been made to insure said construction.
F. That, where a sewer facility is constructed or laid
within a street or road, the subdivider has installed or
agreed to install sewer facilities of a type, size and
location approved by the City Engineer to the property
BF/04/CAB8-565wp5 (2-16-89-3) 7-F-13
line of each lot within the subdivision and that all
sanitary sewer lines, appurtenances and service
connections have been constructed or laid prior to paving
or provisions have been made to insure said construction;
and that all sewer system facilities and construction
standards shall be subject to the requirements of the
agency providing service to the subdivision.
G. All new and existing utility facilities, including, but
not limited to power, telephone and cable television
conduit and lines within the boundaries of any new
subdivision and within any half-street abutting a new
subdivision, shall be placed underground. The subdivider
is responsible for complying with the requirements of
this subsection, and he shall make the necessary
arrangement with each of the serving utilities, including
franchised cable television operators, for the
installation of such facilities. Transformers, terminal
boxes, meter cabinets, pedestals, concealed ducts and
other facilities necessarily appurtenant to such
underground utilities and street lighting systems may be
placed above ground subj ect to the subdivider's obtaining
a Design Review Permit. The provisions of this
subsection shall not apply to the installation and
maintenance or overhead electric transmission lines in
excess of 34,500 volts and long distance and trunk
communication facilities. This installation of cable
television lines may be waived when, in the opinion of
the City Council, no franchised cable operator is found
to be willing and able to install cable television lines
in the subdivision. Notwithstanding any such waiver, the
installation of cable television conduit is required.
H. That the subdivider shall construct or shall cause to be
constructed at his cost a street lighting system
conforming to the City standards where required.
I. Where the City has adopted a flood control element or
drainage element of the general plan, all improvements
shall conform to such element.
J. That the subdivider comply or agree to comply with all
the conditions of approval contained in the resolution
approving the tentative parcel map and not otherwise
provided for by this Chapter.
K. That all required improvements conform to City standards.
L. That the subdivider shall file a covenant agreeing not
to oppose an assessment district for the purpose of
providing public improvements within the public right-
of-way.
M. A registered civil Eng ineer or licensed land surveyor
shall provide a signed statement that: The private
easement road from the intersection with Eucalyptus
Avenue is a minimum of 30 feet wide (unless specifically
waived herein) and has a minimum improved width of twenty
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four feet (24') asphaltic concrete which is constructed
within the easement for the benefit of the land division.
The design shall be approved by the City Engineer and the
Encinitas Fire Department and shall have sufficient area
to provide for a "hammerhead" turn around.
N. This approval is valid for 2 years pursuant to
subdivision Ordinance Section 24.50.130, unless extended
by law or City action, prior to which time a final map
must be recorded in substantial conformance with the
Tentative Parcel Map.
PASSED AND ADOPTED this 11th day of August 1988, by the
following vote, to wit:
Ayes: Bill Dean, John Eldon, Douglas Harwood
Nays: Michael Goldstein, Nancy Reed
Abstain: None
Absent: None ~ kak::- ~,.
ohn ldon, Chairman of the
Leucadia Community Advisory Board
of The City of Encinitas
ATTEST: 4 r ..
~... k.
~~a~ll r ~
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