1988-39
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RESOLUTION NO.: L88-39
A RESOLUTION OF THE LEUCADIA COMMUNITY ADVISORY BOARD
OF THE CITY OF ENCINITAS APPROVING
A TENTATIVE PARCEL MAP TO ALLOW
FOR A TWO LOT SUBDIVISION OF A .36 ACRE GROSS PARCEL
LOCATED AT 592 HERMES AVENUE
(CASE NUMBER 88-321 TPM/EIA)
WHEREAS, a request for consideration of a Tentative Parcel
Map was filed by Kim Hunter to allow for a two lot subdivision of
a 3.6 acre gross parcel as per Chapter 24.01 of the City of
Encinitas Municipal Codes, for the property located at 592 Hermes
Avenue, also known as assessor's parcel number 256-100-03, legally
described as;
SEE ATTACHMENT "A"
~- WHEREAS, a public hearing was conducted on the application on
December 1, 1988; and
WHEREAS, the Leucadia Community Advisory Board of the City of
Encinitas, considered:
1. The staff report dated November 21, 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 "B"
NOW, THEREFORE, BE IT RESOLVED by the Leucadia Community
Advisory Board of the City of Encinitas that application 88-321
TPM/EIA 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 have
no significant adverse impacts on the environment, and that the
associated Negative Declaration of Environmental Impact is hereby
certified.
PASSED AND ADOPTED this 1st day of December, 1988, by the
following vote, to wit:
AYES: Goldstein, Eldon, Reed, Harwood
NAYS: None
ABSENT: Dean ~~h'
M1chael Goldste1n, C a1rman
of the Leucadia Community
Advisory Board of the City
of Encinitas
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ATTACHMENT "A"
-
PARCEL 1:
All of Lot 8 in Block 69 of the Town of Leucadia, in the County of
San Diego, State of California, according to Amended Map thereof
No. 570, filed in the Office of the County REcorder of said San
Diego County, October 23, 1908, together with that portion of the
Westerly Half of Hermes Avenue adjoining said Lot 8 on the East.
Also that portion of the Northerly Half of Basil Street, adjoining
all of the above described property on the South as closed February
14,1928, by Order of the Board of Supervisors of San Diego County,
a copy of said Order being recorded in Book 1430, page 272 of
Deeds.
PARCEL 2
That portion of Lot 11 of Leucadia Acres, in the County of San
Diego, State of CAlifornia, according to Map thereof No. 1704,
filed in the Office of the County Recorder of said San Diego
County, June 5, 1918, lying Westerly of the Westerly line and the
Northerly extension of said Westerly line of Hermes Avenue in South
Coast Park Annex, according to Map No. 1788, records of said
County, and Northerly of the Easterly prolongation of the original
center line of Basil Street, as said street is shown on Amended Map
of the Town of Leucadia, No. 570, of the records of said San Diego
..-" County.
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ATTACHMENT liB"
I. FINDINGS PURSUANT TO SECTION 24.01.080
MUNICIPAL CODE FOR SUBDIVISIONS
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 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 proposes to build at
approximately 6.5 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.
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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.
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 wi thin 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.
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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
except that pursuant to Section 24.01.080 of the
Encinitas Subdivision Ordinance, the Board finds
that a modification to the 90 ft. lot depth
requirement of Section 24.12.030 "J" is necessary
for preservation and enjoyment of a substantial
property right of the applicant since the
configuration of the lot does allow for two 90 ft.
lots, and that the modification will not be
detrimental to near by properties since the density
of the proposed development is below that of most
near by properties.
"-" 10. The resulting parcels are too small to sustain
agricultural use in accordance with Section 66474.4
of the Act.
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.
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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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ATTACJDŒNT "C"
I. SPECIFIC CONDITIONS
1. The Final Map shall contain the indemnification clause
required under Section 24.50.050 (w) of the City of
Encinitas Subdivision Ordinance.
II. STANDARD CONDITIONS
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND
COMMUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING
CONDITIONS (ITEMS 2 THROUGH 6):
GENERAL CONDITIONS
2. This approval will expire on December 1,1990, after the
approval of this project unless the conditions have been
met or an extension has been approved by the authorized
agency (agent).
3. This approval may be appealed to the authorized agency
(agent) within 10 days from the date of this approval.
4. 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.
5. Permits or findings of exemption shall be obtained from
other agencies as follows:
a. Coastal Commission
6. For new residential dwelling unit(s), 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. Arrangements
to pay these fees shall be paid prior to (as applicable):
a. Final map approval.
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS: ( ITEMS 7 THROUGH
14):
GRADING
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7. Grading of the subject property shall be in accordance
with the Grading Ordinance.
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).)
8. 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.
9. Said private easements shall be an unobstructed road.
10. 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.
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 .0. D.) shall be made
for 5 feet along the west side of 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 FLOOD CONTROL
13. 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.
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14. Portland cement concrete cross gutters shall be installed
where water crosses the roadways.
APPLICANT SHALL COIl'1'ACT THE APPROPRIATB AGENCY REGARDING
COMPLIANCE WITH THB POLLOWING COKDITIOBS (ITEMS 15 THROUGH
24):
UTILITIES
15. utility easements shall be provided to the specification
of the serving utility companies and the Director of
Public Works.
16. 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.
17. 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 REOUIREKENTS AND APPROVALS
18. Final parcel and tract maps shall conform to City
standards and procedures and the Subdivision Map Act.
19. 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.
20. Those portions of the subject property proposed to be
held under common ownership shall be labeled such and
identified by a separate lot number on the final map.
21. Prior to final map approval, all dedications shall be
made and easements granted as required above.
22. The property owner shall improve the private easement
road to City Standards for private roads and obtain the
City Fire Marshall's approval for improved road width and
structural sections.
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STANDARD MAP CO:HDITIONS (Chapter 24.16 of the Municipal
Code)
23. That the subdivider install or agree to install all
drainage and flood control structures and facilities
required by the City Engineer, which drainage and flood
control structures and facilities shall conform to the
City standards and the General Plan.
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