1988-25
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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
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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
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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
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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
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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
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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.
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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.
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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
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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
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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).)
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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.
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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
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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
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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
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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.
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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
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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
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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
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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.
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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
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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.
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