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1988-34 . ._------_._---~--_._~_._--_.-. RESOLUTION NO.: L88-34 A RESOLUTZOB OP THE LEUCADZA COKHUBZTY ADVZSORY BOARD ~-- OP THE CZTY OF ENCZBZTAB APPROVZBØ j A TENTATIVE PARCEL MAP TO ALLOW ~ FOR A ONE LOT CONDOHZNZUH MAP TO ALLOW FOR FOUR CONDOHZNZUH UBZTS LOCATED AT 140 JASOB STREET (CASE NUHBER 88-273 TPK) WHEREAS, a request for consideration of a Tentative Parcel Map was filed by Projects U.S.A., Inc. to allow for condominium map to all for four condominium units as per Chapter 24.01 of the City of Encinitas Municipal/Zoning Codes, for the property located at 140 Jason Street, also known as assessor's parcel number 254-222- 33, legally described as; Lots 14 and 15 in Block 2 of South Coast Park No. 4, according to Map thereof No. 2049, filed in the Office of the County Recorder of San Diego County, July 26, 1927. WHEREAS, a public hearing was conducted on the application on November 17, 1988; and WHEREAS, the Leucadia Community Advisory Board of the City of Encinitas, considered: 1. The staff report dated November 8, 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, the Zoning Code and maps. BF/04/CR04-177WP5 (2-2-89) CASE NO. 88-273 TPM PAGE 1 OF 9 -.---.-----.-. WHEREAS, the Leucadia Community Advisory Board of the City of Encinitas made the following findings pursuant to the Municipal Code: SEE ATTACHMENT "A" NOW, THEREFORE, BE IT RESOLVED by the Leucadia Community Advisory Board of the City of Encinitas that application 88-273 TPM 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 was found to be exempt from environmental review, Section 15315 as the proposal is for a minor land subdivision. PASSED AND ADOPTED this 17th day of November, 1988, by the following vote, to wit: AYES: Goldstein, Eldon, Harwood, Dean, Reed NAYS: None ~ G~Chairman of the Leucadia Community Advisory Board of the City of Encinitas ATTEST: BF/04/CR04-177WP5 (2-2-89) CASE NO. 88-273 TPM PAGE 2 OF 9 .----..--------. .. .-..-----.-..... . . .._-.-._.- ..--.------.-. ATTACHMENT "A" Findinqs Pur8uant To Section 24.01.080 Municipal Code for Subdivisions 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 of the Subdivision Map Act. Evidence to Con8ider: 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. The proposed structures are to be built at approximately 9.68 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 adj acent to Jason Street, 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 medium density multi-family residential; which is permitted in this zoning district. 5. That the design of the subdivision or the proposed BF/04/CR04-177WP5 (2-2-89) CASE NO. 88-273 TPM PAGE 3 OF 9 . .-----------.... ........---.-...--...................----...---...----- improvements are not likely to cause substantial environmental damage or substantially and avoidable 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 have found the project to be categorically exempt from further environmental review under Section 15303(b) and 15315 of the State California Environmental Quality Act (CEQA). 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. BF/04/CR04-177WP5 (2-2-89) CASE NO. 88-273 TPM PAGE 4 OF 9 . .....-----....-.--.---...---...-----... .--.-..------- . ATTACHMENT "B" APPLZCUT SHALL CONTACT THB DE PAR TIUU1T OP PLANNZNG AND COKKUBITY DBVBLOPHENT REGARDING COKPLIUCB WITH THB POL LOWING CONDIT lOBS (ITBKS 1 THROUGH 12): STANDARD CONDITIONS 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 BF/04/CR04-177WP5 (2-2-89) CASE NO. 88-273 TPM PAGE 5 OF 9 ---...-..-...-........-----...-....-.---.... ....-----... """-""---- 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. 10. Any change to the natural drainage or concentration of drainage shall be adequately handled and shall not impact adjacent properties. APPLICU'l' SHALL CONTACT THE PUBLIC WORKS DBPARTKENT REGARDING COKPLIABCB WITH THE FOLLOWING CONDITIOBS: (ITBKS 13 THROUGH 15): STREETS AND SIDEWALKS 11. 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. - 12. An Irrevocable Offer of Dedication (I.O.D.) shall be made for 10 feet along Jason Street adjacent to the property for public right-of-way purposes. Jason Street is classified as a local street requiring a 60 foot right-of-way or 30 feet from the official centerline of such street. GRADING 13. Grading of the subject property shall be in accordance with the Grading Ordinance. a. Jason Street (street) shall be improved to centerline/a total width of 30 foot of AC paving curb/gutter and sidewalk within a 60 foot (dedicated right-of-way). 14. All exterior public streets shall be constructed to public street standards. 15. Sidewalks shall be 5 feet in width, and shall be required on one side of Jason Street and shall be located at edge BF/04/CR04-177WP5 (2-2-89) CASE NO. 88-273 TPM PAGE 6 OF 9 of right-of-way/adjacent to the curb. 16. street striping and signing shall be installed to the satisfaction of the Director of Public Works. 17. All street structural sections shall be submitted to, and approved by the Director of Public Works. 18. Improvement plans prepared on standard size sheets by a Registered Civil Engineer shall be submitted for approval by the Director of Public Works. Plan check and inspection expenses shall be paid by the developer. 19. All exterior street improvements shall be constructed prior to issuance of building permits, to the satisfaction of the Director of Public Works. 20. street improvements that include, but are not limited to: -X- a. Sidewalks --- f. Cross gutter -X- b. Driveways --- g. Alley gutter --- c. Wheel chair ramps -X- h. Street paving -X- d. Curb and gutter --- i. Alley paving --- e. street signs --- k. Pavement markers shall be completed prior to the occupancy of the units to the satisfaction of the Director of Public Works for the following streets/alleys: a. Jason Street 21. 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. 22. 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. 23 . Street improvements and maintenance shall be made in accordance with City Ordinance standards for: a. Urban streets DRAINAGE AND FLOOD CONTROL BF/04/CR04-177WP5 (2-2-89) CASE NO. 88-273 TPM PAGE 7 OF 9 24. 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. APPLICUT SHALL CONTACT THE APPROPRIATE AGBBCY REGARDING COKPLIUCE WITH THE FOLLOWING CONDITIONS (ITEMS 27 THROUGH 35): UTILITIBS 25. utility easements shall be provided to the specification of the serving utility companies and the Director of Public Works. 26. Applicant shall provide a letter of availability from the appropriate utility serving agencies prior to granting permits or approval of final map. GENERAL REQUIREMENTS AND APPROVALS 27. A copy of the Covenants, Conditions and Restrictions (CC&R's) and/or Articles of Incorporation of the Homeowners Association shall be subject to the review by the Community Development Department for compliance with conditions herein, to the satisfaction of the City Attorney and Director of Community Development, and shall be filed with the Secretary of state, the County Recorder and the City at the time of final map consideration. 28. Final parcel and tract maps shall conform to City standards and procedures and the Subdivision Map Act. 29. Should this subdivision be further divided, each final map shall be submitted for approval by the Director of Public Works. 30. 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. 31. Prior to final map approval, all dedications shall be made and easements granted as required above. STANDARD MAP CONDITIONS 32. That the subdivider provide all necessary easements and BF/04/CR04-177WP5 (2-2-89) CASE NO. 88-273 TPM PAGE 8 OF 9 - right-of-way to accommodate all streets, drainage and flood control structures and facilities, sewer systems, water systems, cable television and all other required utilities extending beyond the boundaries of the subdivision. 33. 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 wi thin 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 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. 34. 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. 35. That all required improvements conform to City Standards. BF/04/CR04-177WP5 (2-2-89) CASE NO. 88-273 TPM PAGE 9 OF 9