1988-32
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RESOLUTION NO. L88-32
A RESOLUTION OF THE LEU CADI A COMMUNITY ADVISORY BOARD
CITY OF ENCINITAS, APPROVING
A TENTATIVE PARCEL MAP TO ALLOW A
SUBDIVISION OF 1 LOT INTO 2 LOTS
FOR PROPERTY LOCATED AT
1238 HERMES AVENUB
(CASE NUHBER 88-161 TPM/BIA)
WHEREAS, a request for consideration of a Tentative Parcel
Map, and Environmental Assessment was filed by Kathy Lynn Kirk to
allow a subdivision of 1 lot into 2 lots pursuant to Chapter 23 of
the City of Encinitas Municipal/Zoning Codes, for the property
located at 1238 Hermes Avenue, also known as assessor's parcel
number 254-253-05, legally described as;
Lot 18 in Block 2, 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,
WHEREAS, a public hearing was conducted on the application on
May 26, July 14, August 10, August 24, October 13, 1988 and
November 17, 1988; and
WHEREAS, the Leucadia Community Advisory Board of the City of
Encinitas considered:
1. The staff reports dated May 19, July 11, August 3, August
17, October 4, 1988, and November 8, 1988;
2. The application and maps submitted by the application;
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/04/CRO5-210WP5 (1-5-89-1) CASE NO. 88-161 TPM/EIA
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WHEREAS, the Leucadia Community Advisory Board of the City of
Encinitas made the following findings pursuant to the Municipal
Codes:
SEE ATTACHMENT "A"
NOW, THEREFORE, BE IT RESOLVED by the Leucadia Community
Advisory Board of the City of Encinitas that application 88-161
TPM/EIA is hereby approved subject to the following conditions:
SEE ATTACHMENT "B"
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 17th day of November, 1988, by the
following vote, to wit:
AYES: Goldstein, Eldon, Dean
-.- NAYS: None
ABSENT: Reed, Harwood
1:!:j ~,
Chairman
of the Leucadia Community
Advisory Board of the City
of Encinitas
nt Planner
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ATTACHMENT itA"
FINDINGS PURSUANT TO SECTION 24.01.080
MUNICIPAL CODE FOR SUBDIVISIONS
A. THE AUTHORIZED AGENCY HAKES ANY OP 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 of the Subdivision Map Act.
Evidence to Consider:
The proposed map shows compliance with the design
standards for Tentative Parcel Maps and is
consistent with the present General Plan Designation
as described in 2. below.
2. That the design or improvement of the proposed
subdivision is consistent with applicable general
and specific plans.
Evidence to Consider:
This property is designated as #7 Residential (10.9
dwelling units per acre). The property may be
subdivided as proposed and developed with one single
family dwelling on each lot and be fully consistent
- with the present General Plan. Map Act 65451
relates to specific plans only and is thus not
relevant here. Applicant proposed to build at
approximately 5.5 units per acre.
3. That the site is physically suitable for the type
of development.
Evidence to Consider:
The site features a fairly level building lot
adjacent to Hermes 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 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.
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5. That the design of the subdivision or the proposed
improvements are not likely to cause substantial
environmental damage or substantially and avoidably
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, staff have found the proj ect to be
categorically exempt from further environmental
review under Section 15315 of the State California
Environmental Quality Act.
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 above 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:
The Tentative Parcel Map indicates all existing
easements and prior to final approval any additional
easements will be provided for.
B. OTHER REQUIRED FINDINGS:
9. 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:
That the design of the subdivision and the proposed
improvements are in compliance with ordinances,
policies, and standards which were in effect at the
time the map was determined complete as represented
by the application, all plans for development, and
the conditions of approval for this Tentative Map.
10. The resulting parcels are too small to sustain
agricultural use in accordance with Section 66474.4
of the Act.
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Evidence to Consider:
That the resulting parcels will be made for
residential purposes and not for agricultural
purposes as there is no contract entered into
pursuant to the California Land Conservation Act of
1965 (Williamson Act) related to the site.
11. The proposed subdivision is entirely within the
corporate boundaries of the City.
Evidence to Consider:
The Board has reviewed submitted evidence and does
find that the proposed subdivision is entirely
within the City limits.
12. The property is not 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:
As shown by the letter of availability, the subject
site is served by a public sewer system.
-
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ATTACHMENT "B"
-. STANDARD CONDITIONS
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNZNG AND
COMMUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING
CONDITIONS (ITEMS 1 THROUGH 10):
GENERAL CONDITIONS
1. This approval will expire on November 17,1990, 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:
a. Coastal Commission
8. The application is approved as submitted/modified and
shall not be altered without authorized agency (agent)
review and approval.
9. For new or converted 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):
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a. Final map approval; or
b. Building permit issuance; or
c. Final occupancy inspection.
10. Any change to the natural drainage or concentration of
drainage shall be adequately handled and shall not impact
adjacent properties.
APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS (ITEM 11
AND 12):
FIRE
11. All designated emergency access roads shall be posted
per the Fire Department.
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
si te. 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 13 THROUGH 19):
GRADING
13. Grading of the subject property shall be in accordance
with the Grading Ordinance.
STREETS AND SIDEWALKS
14. 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.
15. Said private easements across the easterly parcel shall
be an unobstructed road.
16. 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.
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17. 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.
18. An Irrevocable Offer of Dedication (I .0. D.) shall be made
for 5 feet along Hermes Avenue adjacent to the property
for public right-of-way purposes.
Hermes Avenue is classified as a Local street requiring
a 60 foot right-of-way or 30 feet from the official
centerline of such street.
DRAINAGE AND PLOOD CONTROL
19. A drainage system capable of handling and disposing of
all surface water originating wi thin 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.
APPLICANT SHALL CONTACT THE APPROPRIATE AGENCY REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS (ITEMS 20 THROUGH
37):
UTILITIES
20. All proposed utilities within the project shall be
- installed underground.
21. utility easements shall be provided to the specification
of the serving utility companies and the Director of
Public Works.
22. 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.
23. Applicant shall provide a letter of availability from
the appropriate utility serving agencies prior to
granting permits or approval of final map.
24. 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
25. Final parcel and tract maps shall conform to City
standards and procedures and the Subdivision Map Act.
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26. Should this subdivision be further divided, each final
map shall be submitted for approval by the Director of
Public Works.
27. 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.
28. Prior to final map approval, all dedications shall be
made and easements granted as required above.
STANDARD HAP CONDITIONS (Chapter 24.16 of the Municipal
Code)
29. That the subdivider install or agree to install fire
hydrants and connections of a type and location approved
by the Fire Chief and City Engineer, if required.
30. 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.
31. 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.
32. All new utility facilities, including, but not limited
to power, telephone and cable television conduit and
lines within the boundaries of any new subdivision and
within any half-street abutting a new subdivision, shall
be placed underground. The subdivider is responsible for
complying with the requirements of this subsection, and
he shall make the necessary arrangement with each of the
serving utilities, including franchised cable television
operators, for the installation of such facilities.
Transformers, terminal boxes, meter cabinets, pedestals,
concealed ducts and other facilities necessarily
appurtenant to such underground utilities and street
lighting systems may be placed above ground subject to
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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.
33. 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.
34. That all required improvements conform to City standards.
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