1988-31
- RESOLUTION NUMBER: L88-31
A RESOLUTION OF LEUCADIA COMMUNITY ADVISORY BOARD
OF THE CITY OF ENCINITAS, APPROVING
A TENTATIVE PARCEL MAP TO ALLOW
A SUBDIVISION OF ONE LOT INTO FOUR LOTS
LOCATED AT 773 PLATO PLACE
(CASE NUMBER 88-267 TPM)
WHEREAS, a request for consideration of a Tentative Parcel
Map was filed by Chris Charrette to allow subdivision of 1 lot into
4 lots, as per Chapter 24.01 of the City of Encinitas
Municipal/Zoning Codes, for the property located at 773 Plato
Place, also known as assessor's parcel number 254-163-01 and 25,
legally described as;
See Attachment "A"
WHEREAS, a public hearing was conducted on the application on
October 27, 1988; and
WHEREAS, the Community Advisory Board of the City of Encinitas
considered:
1. The staff report dated October 11, 1988
2. The application and maps 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 Plan, Zoning
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WHEREAS, the Leucadia Community Advisory Board of the City
of Encinitas made the following findings pursuant to the
Municipal Code:
SEE ATTACHMENT "B"
NOW, THEREFORE, BE IT RESOLVED by the Leucadia Community
Advisory Board of the City of Encinitas that application 88-267
TPM 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 was found to
be exempt from environmental review, Section 15315, pursuant to
the California Environmental Quality Act (CEQA) as the proposal
is for a Minor Subdivision.
PASSED AND ADOPTED this 27th day of October, 1988, by the
following vote, to wit:
AYES: Eldon, Dean, Harwood, Goldstein
NAYS: None
ABSENT: Reed ~ /v.u--
-
Michael Goldstein
Chairman of the Leucadia
of the City of Encinitas
ATTEST:
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ATTACHMENT nAn
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PARCEL 1:
That portion of Lot 35 of CREST ACRES, in the County of San Diego,
state of California, according to Map thereof No. 2019, filed in
the office of the County Recorder of San Diego County, May 3,1927,
lying North of a line that begins at a point on the East line of
said Lots 35, distance thereon South 2'47' West, 311.51 feet from
the most Northerly corner thereof and runs North 87'13' West
parallel with the South line of said Lot to a point on the West
line of said Lot.
PARCEL 2:
An easement for ingress and egress over the across the Southerly
40 feet of the following described property.
Lot 34 of CREST ACRES, in the County of San Diego, State of
California, according to Map thereof No. 2019, filed in the office
of the County Recorder of San Diego County, May 3, 1927.
PARCEL 3:
Parcel 1 of Parcel Map 2928, filed in the off ice of the County
Recorder of San Diego County, August 8, 1974, being a portion of
Lot 34 of Crest Acres, according to Map thereof No. 2019, filed in
the office of the County Recorder of San Diego County, May 3,1927.
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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 1.74 du/acre density and design of the lots of the
proposed Tentative Parcel Map are consistent with both
the present General Plan (#3 Residential - 2.0 du/ac) and
draft General Plan (Rural, 1-2 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 physically suitable for the type of
development.
Evidence to Consider:
The site features a slightly sloping building lot
adjacent to Plato Place, 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 not likely to cause substantial
environmental damage or substantially and avoidably
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injure fish or wildlife or their habitat.
~
Evidence to Consider:
Having identified no aspects in which this proposal could
have any significant adverse impacts on the environment,
the Board has determined that this proposal is exempt
from the California Environmental Quality Act (CEQA)
pursuant to Section 15315 as the proposal is for a minor
division of land.
6. That the design of the subdivision or type of
improvements is not 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 not 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 comply with the requirements or conditions imposed
by this Title and the Act.
Evidence to Consider:
Subject to the attached conditions of approval, the
project will comply with all requirements of the State
Map Act and City of Encinitas Subdivision Ordinance.
9. The proposed subdivision is not entirely within the
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corporate boundaries of the City.
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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.
10. The property is not served by an on-site sewage disposal
system and the Health Department has not certified that
a 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.
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ATTACHMENT "C"
-
I. SPECIFIC CONDITIONS
1. Developer shall execute and record a covenant with the
County Recorder agreeing that lots 1, 3, and 4 will be
developed with structures which are protected by a
residential fire sprinkler system per NFPA 13-D.
2. An open space easement shall be required, upon, across
and under the area defined on the final map as
encompassing all the area of 25% or greater slopes within
the northwest section of the subject site, and no
building, structures, or other things shall be
constructed, erected, placed, or maintained on subject
easement. The area of 25% or greater slopes shall be
depicted on the final map in substantial conformance with
Exhibit "I" dated August 2, 1988 on file in the
Department of Community Development.
3. An open space easement shall be required, upon, across
and under the entire subdivision, and no building,
structures, or other habitable things shall be
constructed, erected, placed, or maintained on subject
easement without first obtaining a noise analysis of the
proposed construction to insure that each parcel will be
developed to be in compliance with the Noise Ordinance
of the City of Encinitas and that all development will
meet acceptable decibel requirements.
4. Access rights along Plato Place shall be relinquished
except for the existing driveway on Lot 2.
II. STANDARD CONDITIONS
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND
COHHUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING
CONDITIONS (ITEMS 5. THROUGH 17.):
GENERAL CONDITIONS
5. This approval will expire on October 27, 1990, after the
approval of this project unless the conditions have been
met or an extension has been approved by the authorized
agency (agent).
6. This approval may be appealed to the authorized agency
(agent) within 10 days from the date of this approval.
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7. 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.
8. 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.
9. Nothing in this permit shall authorize the applicant to
intensify the authorized activity beyond that which is
specifically described in this permit.
10. 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.
11. Permits or findings of exemption shall be obtained from
other agencies as follows:
a. Coastal Commission
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 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 prior to (as applicable):
a. Final map approval; or
b. Building permit issuance; or
c. Final occupancy inspection.
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- SITE DEVELOPMENT
14. The site shall be developed in accordance with the
approved site plans on file in the Planning and Community
Development Department and the conditions contained
herein.
15. Any change to the natural drainage or concentration of
drainage shall be adequately handled and shall not impact
adjacent properties.
16. All designated emergency access roads shall be posted
per the Fire Department.
17. 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.
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS: (ITEMS 18 THROUGH
29):
GRADING
18. Grading of the subject property shall be in accordance
with the Grading Ordinance.
19. 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.
20. The final grading plan shall be subject to review and
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approval by the Public Works Department and shall be
- completed prior to recordation of the final subdivision
map or issuance of building permi t, 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).)
21. All interior and exterior public streets shall be
constructed to public street standards.
22. Reciprocal access and maintenance and/or agreements shall
be provided ensuring access to all parcels over private
roads, drives or parking areas and maintenance thereof
to the satisfaction of the Director of Public Works.
23. 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.
24. An Irrevocable Offer of Dedication (I. O. D.) shall be made
for 10 feet along Plato Place and Caudor street adjacent
to the property for public right-of-way purposes.
Plato Place and Caudor street are classified as local
streets requiring a 60 foot right-of-way or 30 feet from
the official centerline of such street.
25. 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.
DRAINAGE AND FLOOD CONTROL
26. storm drains will be required at locations specified by
the Director of Public Works and in accordance with
standard engineering practices.
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27. 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.
28. Portland cement concrete cross gutters shall be installed
where water crosses the roadways.
29. Concentrated flows across driveways and/or sidewalks
shall not be permitted.
APPLICANT SHALL CONTACT THE APPROPRIATE AGENCY REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS (ITEMS 30 THROUGH
46):
UTILITIES
30. All proposed utilities within the project shall be
installed underground including existing utilities unless
exempt by the Municipal Code.
31. utility easements shall be provided to the specification
of the serving utility companies and the Director of
Public Works.
32. The developer shall be responsible for the relocation
and undergrounding of existing public utilities, as
required.
33. 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.
34. Prior to acceptance of property for sewer service,
annexation to the sewer improvement area shall occur.
35. Applicant shall provide a letter of availability from
the appropriate utility serving agencies prior to
granting permits or approval of final map.
36. Cable television services shall be provided and installed
underground. The developer shall notify the Cable
company when trenching for utili ties is to be
accomplished. A permit shall be obtained from the Public
Works Department.
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--. GENERAL REOUIREMENTS AND APPROVALS
37. Final parcel and tract maps shall conform to City
standards and procedures and the Subdivision Map Act.
38. Should this subdivision be further divided, each final
map shall be submitted for approval by the Director of
Public Works.
39. 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.
40. 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)
41. 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.
42. 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 subj ect to the requirements of the
agency providing service to the subdivision.
43. 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
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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.
44. That the subdivider comply or agree to comply with all
the conditions of approval contained in the resolution
approving the tentati ve tract map and not otherwise
provided for by this Chapter.
45. That all required improvements conform to City standards.
46. 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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