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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 dl/03/CR08-722wp51(2-21-91-1) CASE NUMBER: 88-267 TPM '- Page 1 of 13 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: BF/04/CR03-166wp 2(11-17-88-2) CASE NUMBER: 88-267 TPM Page 2 of 13 ATTACHMENT nAn '- 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. dl/03/CR08-722wp53(2-21-91-1) CASE NUMBER: 88-267 TPM -- Page 3 of 13 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 dl/03/CR08-722wp54(2-21-91-1) CASE NUMBER: 88-267 TPM - Page 4 of 13 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 dl/03/CR08-722wp55(2-21-91-1) CASE NUMBER: 88-267 TPM Page 5 of 13 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. 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. dl/03/CR08-722wp5 6(2-21-91-1) CASE NUMBER: 88-267 TPM Page 6 of 13 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. dl/03/CRO8-722wp5 7(2-21-91-1) CASE NUMBER: 88-267 TPM -- Page 7 of 13 ----"--- ~ 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. dl/03/CR08-722wp5 8(2-21-91-1) CASE NUMBER: 88-267 TPM Page 8 of 13 - 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 dl/03/CR08-722wp59(2-21-91-1) CASE NUMBER: 88-267 TPM Page 9 of 13 -- 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. dl/03/CRO8-722wp5 10(2-21-91-1) CASE NUMBER: 88-267 TPM Page 10 of 13 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. dl/03/CR08-722wp511(2-21-91-1) CASE NUMBER: 88-267 TPM Page 11 of 13 --. 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 dl/03/CR08-722wp512(2-21-91-1) CASE NUMBER: 88-267 TPM Page 12 of 13 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 dl/03/CR08-722wp5 13(2-21-91-1) CASE NUMBER: 88-267 TPM Page 13 of 13