1988-34
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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.
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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 "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:
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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
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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.
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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
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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.
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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
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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
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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
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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.
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