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1988-32 ~-_.._--.._---- ----------...-----..... ---~'------ "-...-----..-- 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 PAGE 1 OF 10 --~_.._--_.._-_.__._._--_._. 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 BF/04/CRO5-210WP5 (1-5-89-1) CASE NO. 88-161 TPM/EIA PAGE 2 OF 10 -- -.------..- -.---..-...----...--....--..-....-..-----------..-....----,-.--, 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. BF/04/CRO5-210WP5 (1-5-89-1) CASE NO. 88-161 TPM/EIA PAGE 3 OF 10 ----..-----------..---------.......--..- ...---------------.. 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. BF/04/CRO5-210WP5 (1-5-89-1) CASE NO. 88-161 TPM/EIA PAGE 4 OF 10 - ----_._--------,..------,------_....._._---,,---- 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. - BF/04/CRO5-210WP5 (1-5-89-1) CASE NO. 88-161 TPM/EIA PAGE 5 OF 10 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): BF/04/CRO5-210WP5 (1-5-89-1) CASE NO. 88-161 TPM/EIA PAGE 6 OF 10 -. ---------,--.. --------..---------- 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. BF/04/CRO5-210WP5 (1-5-89-1) CASE NO. 88-161 TPM/EIA PAGE 7 OF 10 -- ----.-. ---.----.--..------ 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. BF/04/CRO5-210WP5 (1-5-89-1) CASE NO. 88-161 TPM/EIA PAGE 8 OF 10 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 BF/04/CR05-210WP5 (1-5-89-1) CASE NO. 88-161 TPM/EIA PAGE 9 OF 10 ~..~--.._--_.._--.._.. ...........---------....--..--...........--....- '...--.------ 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. -- BF/04/CRO5-210WP5 (1-5-89-1) CASE NO. 88-161 TPM/EIA PAGE 10 OF 10