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1988-25 --.......- ----.----.....'------------....--.-...---.. RESOWTION NO. L88-25 A RESOWTION OF THE LEUCADIA COMMUNITY ADVISORY BOARD OF THE CITY OF ENCINITAS, APPROVING A - DESIGN REVIEW PERMIT, AND CERTIFYING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT TO ALLOW CONSTRUCTION OF THREE SINGLE FAMILY DETACHED RESIDENCES, EACH ON A SEPARATE LOT LOCATED AT 1135 HYGEIA AVENUE (CASE NUMBER 88-200 DR/EIA) WHEREAS, a request for consideration of a Design Review Permit, and a Negative Declaration of Environmental Impact was filed by Bianco Addison, Inc. to allow construction of three single family detached residences, each on a separate lot, as per Chapter 23.08 of the City of Encinitas Municipal Code, for the property located at 1135 Hygeia Avenue, also known as assessor's parcel number 254-261-12, legally described as; SEE ATTACHMENT "A" WHEREAS, a public hearing was conducted on the application on August 11, September 15, and September 23, 1988; and WHEREAS, the Community Advisory Board of the City of Encinitas considered: 1. The staff reports dated July 25, September 7 and September 22, 1988; 2. The application, maps, and plans submitted by the applicant; 3. Oral evidence submitted at the hearing; 4. Written evidence submitted at the hearing; and 5. The proposed General Plan, Local Coastal Program, Zoning Code and Maps. BF/03/CRO3-154WP (10-18-88-3) CASE NUMBER: 88-200 DR/EIA PAGE 1 OF 12 . -~---------~----_._--_._---_.._---- WHEREAS, the Leucadia Community Advisory Board made the following findings pursuant to Chapter 23.08 of the City of Encinitas Municipal Code: SEE ATTACHMENT "B" NOW, THEREFORE, BE IT RESOLVED by the Leucadia Community Advisory Board of the City of Encinitas that Tentative Parcel Map, Design Review, and Environmental Initial Assessment Application 88-200 DR/EIA is hereby approved subject to the following conditions: SEE ATTACHMENT IIC" BE IT FURTHER RESOLVED by the Leucadia Community Advisory Board of the City of Encinitas that this project will not have a significant effect on the environment and a Negative Declaration is hereby certified, pursuant to the California Environmental Quality Act (CEQA). PASSED AND ADOPTED this 29th day of September, 1988, by the following vote, to wit: AYES: Dean, Eldon, Goldstein, Reed NAYS: None ABSENT: Harwood /JtJJ ~ Michael Goldstein, Chairman of the Leucadia Community Adv isory Board of the City of Encinitas ATTEST: ~~sistant Planner "- BF/03/CRO3-154WP (10-18-88-3) CASE NUMBER: 88-200 DR/EIA PAGE 2 OF 12 -~-_.. ....---------------------------"_. ------- ATTACHMENT "A" LEGAL DESCRIPTION That portion of Lot 1 in Block 7 of SOUTH COAST PARK, in the County of San Diego, State of California, according to Map thereof No. 1776, filed in the Office of the County Recorder of San Diego County, January 11, 1924, described as follows: Beginning at the most Southerly corner of said Lot; thence along the Southeasterly line of said Lot North 16'13 '30" East, 305.92 feet, more or less, to the Southerly line of that parcel of land described in deed to Francis H. Longwell, et ux, recorded August 13, 1954, in Book 5331, Page 149 of Official Records; thence along the Boundary of said Longwell land South 74'16'30" West, 40.63 feet; North 15'43'30" West, 86.08 feet; and South 74'16'30" West, 12 feet, more or less, to the Southeasterly corner of that parcel of land described in deed to Carl S. Dudley, et ux, recorded October 16, 1953 in Book 5018, Page 347 of Official Records; thence along the Southerly line of said Dudley land South 74'16'30" West, 108 feet to the Westerly line of said Lot; thence along said Westerly line South 15'43'30" East, 341.27 feet, more or less, to the point of beginning. BF/03/CRO3-154WP (10-18-88-3) CASE NUMBER: 88-200 DR/EIA PAGE 3 OF 12 ATTACHMENT "B" FINDINGS FOR DESIGN REVIEW (SECTION 23.08.076 MUNICIPAL CODE) 23.08.072 REGULATORY CONCWSIONS - GENERALLy. 1. The proj ect design is inconsistent with the General Plan, a Specific Plan or the provisions of this Code. Evidence to Consider: The single family dwelling development at approximately 4.3 dwelling units per acre is consistent with both the present General Plan (#7 Residential - 10.9 du/ac) and the draft General Plan (Residential 3-5 du/ac). 2. The project design is substantially inconsistent with the Design Review Guidelines. Evidence to Consider: The project is in character with the surrounding neighborhood, sensitive to the characteristics of the subject, and otherwise in substantial compliance with the City's Design Review Guidelines. 3. The project would adversely affect the health, safety or general welfare of the community. Evidence to Consider: Having identified no aspects in which this proposal could have any significant adverse impacts on the environment, a Negative Declaration has been certified by the Board. 4. The project would tend to cause the surrounding neighborhood to depreciate materially in appearance or value. Evidence to Consider: The Board determined that the project represents a substantial improvement to the subj ect property and thus will not be materially detrimental to the surrounding neighborhood. 5. The proposed project is compatible in structural size (bulk and mass) to adjacent properties as the proposed structure are two stories and residential J.n appearance. 6. There is reasonable probability that the land use and design proposed will be consistent with the General BF/03/CRO3-154WP (10-18-88-3) CASE NUMBER: 88-200 DR/EIA PAGE 4 OF 12 -~--,"" .....--------..--.---....-..".."..- ".."~"..--..,,.-... .. -~ --..-- Plan proposal being considered or studies since the proposed General Plan is consistent with the currently adopted General Plan. 7. There is little or no probability of substantial detriment to or interference with the future adopted General Plan if the proposed design is ultimately inconsistent with the plan, since the project is allowed by the proposed General Plan. 8. The proposed project is in conformance with Section 23.08.074 of the Design Review Ordinance relative to Design and site Layout as the proposal is to site the project within the existing mature trees. 9. The proposed proj ect is in conformance with Section 23.08.076 of the Design Review Ordinance relative to Building Design in that the structures are designed to blend in with the adjacent structures and incorporate similar finish materials. 10. The proposed project is in conformance with section 23.08.077 of the Design Review Ordinance relative to Landscape Design in that the proposed project is preserving the naturally vegetated site and is proposing to add several specimen plants adjacent to the proposed structures. 11. The proposed project design does preserve significant public views of and through the proposed project to the extent possible as the structure will be built approximately below the existing line created by the tree canopy, and that the Board has determined that some of the significant views are being maintained for neighboring properties with the project as designed. 12. The project takes advantage of views and/or protects to the extent possible, some of the significant views enjoyed by the residents of nearby properties, since it is proposed to be constructed in such a location on the site so as not to block a substantial portion of adjacent significant views. 13. The proposed design complies with all other applicable requirements of state law and local ordinances. ... BF/03/CRO3-154WP (10-18-88-3) CASE NUMBER: 88-200 DR/EIA PAGE 5 OF 12 ~ .....------...----...-....--.---------..---....... '----_..~_..._~_._--...._~- ATTACHMENT .C. I. STANDARD CONDITIONS APPLI CANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS (ITEMS 1 THROUGH 34): GENERAL CONDITIONS 1. This approval will expire on September 29, 1990, after the approval of this project unless the conditions have been met or an extension has been approved by the authorized agency (agent). 2. This approval may be appealed to the authorized agency (agent) wi thin 10 days from the date of this approval. 3. In the event that any of the conditions of this permit are not satisfied, the Planning and Community Development Department shall cause a noticed hearing to be sent before the authorized agency (agent) to determine why the City of Encinitas should not revoke this permit. 4. Upon a showing of compelling public necessity demonstrated at a noticed hearing, the City of Encinitas, acting through the authorized agency (agent), may add, amend, or delete conditions and regulations contained in this permit. 5. Nothing in this permit shall authorize the applicant to intensify the authorized activity beyond that which is specifically described in this permit. 6. Approval of this request shall not waive compliance with any sections of the Zoning Development Code and all other applicable City Ordinances in effect at the time of Building Permit issuance. 7. 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. 8. This approval shall become null and void if building permits are not issued for this proj ect wi thin two year(s) from the date of project approval. BF/03/CRO3-154WP (10-18-88-3) CASE NUMBER: 88-200 DR/EIA PAGE 6 OF 12 -..----.. ...----------------------.. 9. Permits or findings of exemption shall be obtained from other agencies as follows: a. Coastal Commission 10. Prior to issuing a final inspection on framing, the applicant shall provide a survey from a civil engineer or licensed surveyor verifying the building height is in compliance with the design review permit. 11. Although the Zoning Ordinance may allow certain building heights as two story structures, the U.B.C. may define the structure as a three story building requiring an additional exit or other improvements. 12. The application is approved as submitted/modified and shall not be altered without authorized agency (agent) review and approval. 13. 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, Traffic Fees, Drainage Fees, and Park Fees. These fees shall be paid prior to (as applicable): a. Final map approval; or b. Building permit issuance; or c. Final occupancy inspection. SITE DEVELOPMENT 14. The site shall be developed in accordance with the approved site plans on file in the Planning and Communi ty Development Department and the conditions contained herein. 15. Revised (if applicable) site plans and building elevations incorporating all conditions of approval or required modifications shall be submitted to and found satisfactory by the Planning and Community Development Department prior to issuance of building permits or any other applicable approvals. 16. Mail boxes, shall be installed and located by the developer subject to approval by the authorized agency (agent) pursuant to Design Review unless written information is provided by the post office to state otherwise. BF/03/CRO3-154WP (10-18-88-3) CASE NUMBER: 88-200 DR/EIA PAGE 7 OF 12 .. - --.._--------,..__.._--.._.---------~.._~.._.~-------.._---.....-------- 17. Trash receptacle(s) shall be enclosed by a 6 foot high decorative masonry wall with view-obstructing gates (individual units may have storage in garages if so designated on plans). Design and location shall be subject to review and approval by the authorized agency (agent). 18. All roof appurtenances, including air conditioners, shall be architecturally integrated, shielded from view and sound buffered from adjacent properties and streets as required and approved by the authorized agency (agent). 19. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval contained herein shall be completed to the satisfaction of the Director of the Planning and Community Development Department. 20. 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 identification and/or addresses shall contrast with their background color. 21. Building elevations, materials and colors are approved as submitted or modified. 22. Applicant shall submit to the Planning and Community Development Department a security construction plan for review and approval by the authorized agency (agent). Said Plan shall identify any temporary fencing, temporary parking and circulation, project access and the like. 23. Any change to the natural drainage or concentration of drainage shall be adequately handled and shall not impact adjacent properties. 24. A plan shall be submitted for approval by the Director of the Planning and Community Development Department 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. 25. Existing sewage disposal facilities shall be removed, filled and/or capped to comply with appropriate grading practices and the Uniform Plumbing Code. BF/03/CRO3-154WP (10-18-88-3) CASE NUMBER: 88-200 DR/EIA PAGE 8 OF 12 ~ ~- ----.-.------------.- ----. -.---------....----- PARKING AND VEHICULAR ACCESS 26. Driveways shall meet the standards of the Zoning Ordinance, Public Works Standards, and the off street Parking Design Manual. LANDSCAPING 27. A detailed landscape and irrigation plan shall be submi tted to and approved by the authorized agency (agent) prior to the issuance of building permits. 28. A Master Plan of the existing on-site trees shall be provided to the authorized agency (agent) prior to the issuance of building permits and prior to grading, to determine which trees shall be retained. 29. Existing on-site trees shall be retained wherever possible and shall be trimmed and/or topped. Dead, or decaying trees or trees that could be injurious to public health, safety or welfare shall be approved for removal at the discretion of the authorized agency (agent) during the review of the Master Plan of existing on-site trees. Those trees which are approved for removal shall be replaced on a tree-for-tree basis as required by the authorized agency (agent). 30. The height required for hedges or other dense landscaping is the height to be attained within 3 years after planting. 31. Landscaping shall be maintained in such a way so view corridors are not blocked. SIGNS 33. Any signs proposed for this development shall be designed and approved in conformance with the Sign Ordinance. APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS (ITEMS 34 AND 35): FIRE 34. 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 BF/03/CRO3-154WP (10-18-88-3) CASE NUMBER: 88-200 DR/EIA PAGE 9 OF 12 -. ._.._-'-------.._----~--_o---_._"----------.._-_._--,,o- ""-- satisfaction of the Encinitas Fire Protection District. 35. 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 ensure a maximum water pressure at the fire hydrant of 150 psi. The installation of a pressure reducing station may be required. Required fire hydrants shall be of a bronze type. APPLI CANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: (ITEMS 36 THROUGH 45): GRADING 36. Grading of the subject property shall be in accordance with the Grading Ordinance. 37. A soils/geological/hydraulic report (as applicable) shall be prepared by a qualified engineer licensed by the State of California to perform such work: a. Prior to final map approval; or b. Prior to building permit issuance; or c. At first submittal of a grading plan. 38. The final grading plan shall be subject to review and approval by the Public Works Department and shall be completed prior to recordation of the final subdivision map or issuance of building permit, whichever comes first. 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 not be materially detrimental to the public welfare or injurious to other property in the immediate vicinity pursuant to Municipal Code(s).) BF/03/CRO3-154WP (10-18-88-3) CASE NUMBER: 88-200 DR/EIA PAGE 10 OF 12 -..__..._.-.._...--------~._---~....~-_..__.._.._~ ..__....~-.-_._----.-------...._-.._- 39. 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. 40. 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. 41. 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. 42. An Irrevocable Offer of Dedication (I.O.D.) shall be made for 5 feet along Hygeia Avenue and East Glaucus street adjacent to the property for public right-of- way purposes. Hygeia Avenue and East Glaucus street are classified as a local street requiring a 60 foot right-of-way or 30 feet from the official centerline of such street. DRAINAGE AND FLOOD CONTROL 43. A drainage system capable of handling and disposing of all surface water originating within the development, and all surface waters that may flow onto the development 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. 44. Portland cement concrete cross gutters shall be installed where water crosses the roadways. 45. Concentrated flows across driveways and/or sidewalks shall not be permitted. APPLICANT SHALL CONTACT THE APPROPRIATE AGENCY REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS (ITEMS 46 THROUGH 53): UTILITIES 46. All proposed utilities within the project shall be installed underground including existing utilities, as required, unless exempt by the Municipal Code. 47. utility easements shall be provided to the specification of the serving utility companies and the Director of Public Works. BF/03/CRO3-154WP (10-18-88-3) CASE NUMBER: 88-200 DR/EIA PAGE 11 OF 12 .. - ..--....----. ------.....,.-...-----. ----...... - - -... -"-""-- 48. The developer shall be responsible for the relocation and undergrounding of existing public utilities, as required. 49. 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. 50. Applicant shall provide a letter of availability from the appropriate utility serving agencies prior to granting permits or approval of final map. 51. Cable television services shall be provided and installed underground. The developer shall notify the Cable company when trenching for utilities is to be accomplished. A permit shall be obtained from the Public Works Department. 52. That all required improvements conform to City Standards. 53. The Director of Public works or his designee or the authorized agency (agent) has the authority to waive or modify any conditions within this document. BF/03/CRO3-154WP (10-18-88-3) CASE NUMBER: 88-200 DR/EIA PAGE 12 OF 12 -~---~_.._----------~_._------- - --".. - -....--- WHEREAS, the Leucadia Community Advisory Board made the following findings pursuant to Chapter 24.65 of the City of Encinitas Municipal Code: SEE ATTACHMENT "B" NOW, THEREFORE, BE IT RESOLVED by the Leucadia Community Advisory Board of the City of Encinitas that Tentative Parcel Map and Environmental Initial Assessment Application 88-200 TPM/EIA is hereby approved subject to the following conditions: SEE ATTACHMENT "C" BE IT FURTHER RESOLVED by the Leucadia Community Advisory Board of the City of Encinitas that this project will not have a significant effect on the environment and a Negative Declaration is hereby certified, pursuant to the California Environmental Quality Act (CEQA). PASSED AND ADOPTED this 29th day of September, 1988, by the following vote, to wit: AYES: Dean, Eldon, Goldstein, Reed NAYS: None ABSENT: Harwood /lL41 k Michael Goldstein, Chairman of the Leucadia Community Advisory Board of the City of Encinitas ATTEST: ~ Ro ert uller, Assistant Planner BF/04/CRO3-157WP (10-18-88-2) CASE NUMBER: 88-200 TPM/EIA PAGE 2 OF 12 ~ --, ...__.._""---_..------..-,--"_._-_.._.."-,,----,,....~.._--,,..- -~ "--.. ATTACHMENT "A" LEGAL DESCRIPTION That portion of Lot 1 in Block 7 of SOUTH COAST PARK, in the County of San Diego, State of California, according to Map thereof No. 1776, filed in the Office of the County Recorder of San Diego County, January 11, 1924, described as follows: Beginning at the most Southerly corner of said Lot; thence along the Southeasterly line of said Lot North 16'13'30" East, 305.92 feet, more or less, to the Southerly line of that parcel of land described in deed to Francis H. Longwell, et ux, recorded August 13, 1954, in Book 5331, Page 149 of Official Records; thence along the Boundary of said Longwell land South 74'16'30" West, 40.63 feet; North 15'43'30" West, 86.08 feet; and South 74'16'30" West, 12 feet, more or less, to the Southeasterly corner of that parcel of land described in deed to Carl S. Dudley, et ux, recorded October 16, 1953 in Book 5018, Page 347 of Official Records; thence along the Southerly line of said Dudley land South 74'16'30" West, 108 feet to the Westerly line of said Lot; thence along said Westerly line South 15'43'30" East, 341.27 feet, more or less, to the point of beginning. BF/04/CRO3-157WP (10-18-88-2) CASE NUMBER: 88-200 TPM/EIA PAGE 3 OF 12 -- ------'---------'----_._,----..,,_..,.._-- -""""-"'~" ATTACHMENT "B" FINDINGS FOR SUBDIVISIONS (PURSUANT TO SECTION 24.01.080 OF THE MUNICIPAL CODE) A. The authorized agency makes any of the findings contained in Section 66474 of the Act. 1. That the proposed map is consistent with applicable general and specific plans as specified in Section 65451. Evidence to Consider: The 4.3 du/acre density and design of the lots of the proposed Tentative Parcel Map are consistent with both the present General Plan (#7 Residential - 10.9 du/ac) and draft General Plan (Residential 3-5 du/ac) . 2. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. Evidence to Consider: The design of the subdivision and improvements, for detached single family development, is allowed for under both the present and draft General Plan. ~-~ 3. That the site is not physically suitable for the type of development. Evidence to Consider: The site features a slightly sloping building lot adjacent to Hygeia Avenue, which can easily facilitate the type of development allowed. Subject to the recommended conditions of approval there will be no other physical constraints to development. 4. That the site is physically suitable for the proposed density of development. Evidence to Consider: The density of development will be relatively low density single family residential, which can easily be accommodated on the site. 5. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. BF/04/CRO3-157WP (10-18-88-2) CASE NUMBER: 88-200 TPM/EIA PAGE 4 OF 12 Evidence to Consider: Having identified no aspects in which this proposal could have any significant adverse impacts on the environment, a Negative Declaration has been approved for certification by the Board. 6. That the design of the subdivision or type of improvements is likely to cause serious public health problems. Evidence to Consider: As mentioned earlier the applicant has obtained letters of availability for sewer and water service availability, and is thus not likely to cause any serious public health problems. 7. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. Evidence to Consider: No easements of record are contained in the title report for the subject property with which this development would conflict. B. Other Required Findings. 8. In accordance with 66473 and 66474.2 of the Act, the map does not comply with the requirements or conditions imposed by this Title and the Act. Evidence to Consider: Subject to the attached conditions of approval, the proj ect will comply wi th all requirements of the State Map Act and City of Encinitas Subdivision Ordinance. 9. The resulting parcels are too small to sustain agricultural use in accordance with Section 66474.4 of the Act. Evidence to Consider: That the resulting parcels will be made for residential purposes and not for agricultural purposes to the California Land Conservation Act of 1965 (Williamson Act) related to the site. BF/04/CRO3-157WP (10-18-88-2) CASE NUMBER: 88-200 TPM/EIA PAGE 5 OF 12 10. The proposed subdivision is not entirely within the corporate boundaries of the city. Evidence to Consider: The Board has reviewed the application with all maps and found that the subdivision is within the corporate boundaries of the City of Encinitas. 11. The property is served by an on-site sewage disposal system and the Health Department has not certified that the system is satisfactory to support the proposed subdivision. Evidence to Consider: On-site disposal is not necessary in this instance as sewer service is available. C. Pursuant to Ordinance 87-80, the Leucadia Community Advisory Board makes the following findings relating to view impact criteria: 12. That the projection out of the building envelope does not significantly impact the views of adjacent properties, in that the proj ect takes advantage of views while maintaining some of the significant views enjoyed by residents of nearby properties. 13. That the project is compatible in structural size (bulk and mass) to adjacent properties and neighborhood. BF/04/CRO3-157WP (10-18-88-2) CASE NUMBER: 88-200 TPM/EIA PAGE 6 OF 12 ATTACHMENT "C" I. STANDARD CONDITIONS APPLI CANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND COHMUBITY DE VE LO PMENT REGARDING COMPLIANCE WI'l'H 'I'BE FOLLOWING CONDITIONS (ITEMS 1. THROUGH 11.): GENERAL CONDITIONS 1. This approval will expire on september 29, 1990, after the approval of this project unless the conditions have been met or an extension has been approved by the authorized agency (agent). 2. This approval may be appealed to the authorized agency (agent) within 10 days from the date of this approval. 3. In the event that any of the conditions of this permit are not satisfied, the Planning and Community Development Department shall cause a noticed hearing to be sent before the authorized agency (agent) to determine why the City of Encinitas should not revoke this permit. 4. Upon a showing of compelling public necessity demonstrated at a noticed hearing, the City of Encinitas, acting through the authorized agency (agent), may add, amend, or delete conditions and regulations contained in this permit. 5. Nothing in this permit shall authorize the applicant to intensify the authorized activity beyond that which is specifically described in this permit. 6. Approval of this request shall not waive compliance with any sections of the Zoning Development Code and all other applicable City Ordinances in effect at the time of Building Permit issuance. 7. Permits or findings of exemption shall be obtained from other agencies as follows: 8. For new residential dwelling unites), the applicant shall pay development fees at the established rate. Such fees may include, but not be limited to: Permit and Plan Checking Fees, School Fees, Water and Sewer Service Fees, Traffic Fees, Drainage Fees, and Park Fees. These fees shall be paid prior to (as applicable): a. Final map approval; or BF/04/CRO3-157WP (10-18-88-2) CASE NUMBER: 88-200 TPM/EIA PAGE 7 OF 12 ~ -~ '-----.._-_._---._------_._--_.--_._-----...~..._----_._--- b. Building permit issuance; or c. Final occupancy inspection. SITE DEVELOPMENT 9. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval contained herein shall be completed to the satisfaction of the Director of the Planning and Community Development Department. 10. Any change to the natural drainage or concentration of drainage shall be adequately handled and shall not impact adjacent properties. PARKING AND VEHICULAR ACCESS 11. Driveways shall meet the standards of the Zoning Ordinance, Public Works standards, and the off street Parking Design Manual. APPLI CANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS (ITEM 12): FIRE 12. 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 ensure a maximum water pressure at the fire hydrant of 150 psi. The installation of a pressure reducing station may be required. Required fire hydrants shall be of a bronze type. APPLI CANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: (ITEMS 13. THROUGH 22.): GRADING 13. Grading of the subject property shall be in accordance with the Grading Ordinance. 14. A soils/geological/hydraulic report (as applicable) shall be prepared by a qualified engineer licensed by the State of California to perform such work: a. Prior to final map approval; or BF/04/CRO3-157WP (10-18-88-2) CASE NUMBER: 88-200 TPM/EIA PAGE 8 OF 12 .. -_._._-------------_..~------~-..--_.._--_.~--.._-._._.__.._.... b. Prior to building permit issuance; or c. At first submittal of a grading plan. 15. The final grading plan shall be subject to review and approval by the Public Works Department and shall be completed prior to recordation of the final subdivision map or issuance of building permit, whichever comes first. 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 not be materially detrimental to the public welfare or injurious to other property in the immediate vicinity pursuant to Municipal Code(s).) 16. 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. 17. 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. 18. 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. 19. An Irrevocable Offer of Dedication (I.O.D.) shall be made for 5 feet along Hygeia Avenue and East Glaucus Street adjacent to the property for public right-of- way purposes. Hygeia Avenue and East Glaucus Street are classified as a local street requiring a 60 foot right-of-way or 30 feet from the official centerline of such street. DRAINAGE AND FLOOD CONTROL 20. A drainage system capable of handling and disposing of all surface water originating within the development, and all surface waters that may flow onto the development from adjacent lands, shall be BF/04/CRO3-157WP (10-18-88-2) CASE NUMBER: 88-200 TPM/EIA PAGE 9 OF 12 required. Said drainage system shall include any easements and structures as required by the Director of Public Works to properly handle the drainage. 21. Portland cement concrete cross gutters shall be installed where water crosses the roadways. 22. Concentrated flows across driveways and/or sidewalks shall not be permitted. APPLICANT SHALL CONTACT THE APPROPRIATE AGENCY REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS (ITEMS 23. THROUGH 41.): UTILITIES 23. All proposed utilities within the project shall be installed underground including existing utilities unless exempt by the Municipal Code. 24. utility easements shall be provided to the specification of the serving utility companies and the Director of Public Works. 25. The developer shall be responsible for the relocation and undergrounding of existing publ ic utilities, as required. 26. 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. 27. Prior to acceptance of property for sewer service, annexation to the sewer improvement area shall occur. 28. Applicant shall provide a letter of availability from the appropriate utility serving agencies prior to granting permits or approval of final map. 29. Cable television services shall be provided and installed underground. The developer shall notify the Cable company when trenching for utilities is to be accomplished. A permit shall be obtained from the Public Works Department. GENERAL REQUIREMENTS AND APPROVALS 30. Final parcel and tract maps shall conform to City standards and procedures and the Subdivision Map Act. 31. Should this subdivision be further divided, each final map shall be submitted for approval by the Director of Public Works. BF/04/CRO3-157WP (10-18-88-2) CASE NUMBER: 88-200 TPM/EIA PAGE 10 OF 12 ..~.. ..__.._-.._..._-..-..~...._,_.__.,,_...._..... "'-"-~-----_....-.~..__....-.- -....... ~ 32. 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. 33. Prior to final map approval, all dedications shall be made and easements granted as required above. STANDARD MAP CONDITIONS (Chapter 24.16 of the Municipal Code) 34. 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. 35. That the subdivider install or agree to install fire hydrants and connections, as required, of a type and location approved by the Fire Chief and City Engineer. 36. 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 ensure said construction. 37. 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 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 ensure 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. 38. 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 BF/04/CRO3-157WP (10-18-88-2) CASE NUMBER: 88-200 TPM/EIA PAGE 11 OF 12 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 subject 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. 39. That the subdivider comply or agree to comply with all the conditions of approval contained in the resolution approving the tentative tract map and not otherwise provided for by this Chapter. 40. That all required improvements conform to City standards. 41. The Director of Public works or his designee or the authorized agency (agent) has the authority to waive or modify any conditions within this document. BF/04/CRO3-157WP (10-18-88-2) CASE NUMBER: 88-200 TPM/EIA PAGE 12 OF 12