1988-41
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RESOLUTION NO. L88-41
A RESOLUTION OF THE LEUCADIA COXHUNITY ADVISORY BOARD OF THE
.. CITY OF ENCINITAS APPROVING A
TENTATIVE PARCEL MAP AND CERTIFYING
A NEGATIVE DECLARATION OF ENVIRONHENTAL IMPACT
TO ALLOW CONSTRUCTION OF THREE SINGLE FAMILY DETACHED
RESIDENCES, EACH ON A SEPARATE LOT
LOCATED AT 1373 HYGEIA AVENUE
(CASE NUMBER 88-155 TPM/EIA)
WHEREAS, a request for consideration of a Tentative Parcel
Map and a Negative Declaration of Environmental Impact was filed
by Artisan Developments, Inc. to allow subdivision of one lot into
three lots, as per Chapter 24.65 of the City of Encinitas Municipal
Code, for the property located at 1373 Hygeia Avenue, also known
as assessor's parcel number 254-112-03, legally described as;
SEE ATTACHMENT "A"
WHEREAS, a public hearing was conducted on the application on
- June 16, september 15, September 29, October 27, November 17,
December 1, and December 15, 1988;
WHEREAS, the Community Advisory Board of the City of Encinitas
considered:
1. The staff reports dated June 9, September 8 and September
22, October 20, November 10 and December 9, 1988;
2. The application, maps, and plans 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 Program, Zoning
Code and Maps.
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WHEREAS, the Leucadia Community Advisory Board made the
following findings pursuant to Chapter 24.65 of the City of
Encinitas Municipal Codes:
SEE ATTACHMENT liB"
NOW, THEREFORE, BE IT RESOLVED by the Leucadia Community
Advisory Board of the City of Encinitas that Tentative Parcel Map
and Environmental Initial Assessment Application 88-155 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 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 15th day of December, 1988, by the
-
following vote, to wit:
AYES: Goldstein, Eldon, Reed, Harwood
NAYS: Dean
ABSENT: None ~~
Michael Goldstein, Chairman
of the Leucadia Community
A d vis 0 r y Boa r d
of the city of Encinitas
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ATTACHMENT "A"
LEGAL DESCRIPTION
Lots 1 through 4 inclusive in fractional block 36 of North
Leucadia, in the County of San Diego, State of California,
according to map thereof No. 524, filed in the office of the County
Recorder of San Diego County, April 6, 1988.:
The westerly half of the unnamed street (now closed to public use)
adjoining said block 36 on the east; that portion of the southerly
15.60 feet of the northerly half of marathon street (now closed to
public use) lying between the easterly line of Hhygeia Avenue and
a line which is parallel with and 114.18 feet westerly at right
angles from the southerly prolongation of the north and south
center line of block 25 of said North Leucadia, and that portion
of the southerly half of Mmarath Street (now closed to public use)
adjoining lot 1 in said block 36 and lying westerly of a line which
is parallel with and 114.18 feet westerly at right angles from the
southerly prolongation of the north and south center line of block
25 of said North Leucadia; together with that portion of the
easterly 20.00 feet of Hygeia Avenue (now closed to public use)
lying westerly of and adjoining said southerly 16.50 feet of the
northerly half of Marathon Street above described.
..
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ATTACHMENT "B"
FINDINGS FOR SUBDIVISIONS
(PURSUANT TO SECTION 24.01.080 OF THE MUNICIPAL CODE)
- A. The authorized aqency make. any of the findinqs 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.
Evidence to Consider:
The 4. 3 du/acre density and design of the lots of the
proposed Tentative Parcel Map are consistent with both
the present General Plan (#7 Residential - 10.9 du/ac)
and draft General Plan (Residential 3-5 du/ac).
2. That the design or improvement of the proposed
subdivision is consistent with applicable general and
specific plans.
Evidence to Consider:
The design of the subdivision and improvements, for
detached single family development, is allowed for under
both the present and draft General Plan.
3. That the site is not physically suitable for the type of
development.
"-
Evidence to Consider:
The site features a slightly sloping building lot
accessed from Hygeia 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 is 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 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,
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a Negative Declaration has been approved for
certification by the Board.
6. That the design of the subdivision or type of
improvements is 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.
7. That the design of the subdivision or the type of
improvements will conflict with easements, acquired by
the public at large, for access through or use of,
property within the proposed subdivision.
Evidence to Consider:
No easements of record are contained in the title report
for the subject property with which this development
would conflict.
B. Other Required Findinqs.
8. In accordance with 66473 and 66474.2 of the Act, the map
does not comply with the requirements or conditions
imposed by this Title and the Act.
Evidence to Consider:
Subject to the attached conditions of approval, the
project will comply with all requirements of the State
Map Act and City of Encinitas Subdivision Ordinance.
9. 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.
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10. The proposed subdivision is not entirely within the
corporate boundaries of the city.
Evidence to Consider:
The Board has reviewed the application with all maps and
found that the subdivision is within the corporate
boundaries of the City of Encinitas.
11. The property is 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:
On-site disposal is not necessary in this instance as
sewer service is available.
-
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ATTACJDŒNT "C"
STANDARD CONDITIONS
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND
COMMUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING
CONDITIONS (ITEMS 1. THROUGH 11.):
GENERAL CONDITIONS
1. This approval will expire on December 15, 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:
8. 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. These fees
shall be paid prior to (as applicable):
a. Final map approval; or
b. Building permit issuance; or
c. Final occupancy inspection.
SITE DEVELOPMENT
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9. Prior to any use of the project site or business activity
being commenced thereon, all conditions of approval
contained herein shall be completed to the satisfaction
of the Director of the Planning and Community Development
Department.
10. Any change to the natural drainage or concentration of
drainage shall be adequately handled and shall not impact
adjacent properties.
PARKING AND VEHICULAR ACCESS
11. Driveways shall meet the standards of the Zoning
Ordinance, Publ ic Works Standards, and the off street
Parking Design Manual.
APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS (ITEM 12) :
FIRE
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
site. 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
22. ):
GRADING
13. Grading of the subject property shall be in accordance
with the Grading Ordinance.
14. A soils/geological/hydraulic report (as applicable) shall
be prepared by a qualified engineer licensed by the State
of California to perform such work:
a. Prior to final map approval; or
b. Prior to building permit issuance; or
c. At first submittal of a grading plan.
15. The final grading plan shall be subject to review and
approval by the Public Works Department and shall be
completed prior to recordation of the final subdivision
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map or issuance of building permit, whichever comes
first.
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).)
16. 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.
17. 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.
18. 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.
19. An Irrevocable Offer of Dedication (I.O.D.) shall be made
for 5 feet along Hygeia Avenue adjacent to the property
for public right-of-way purposes.
Hygeia 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
20. 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.
21. Portland cement concrete cross gutters shall be installed
where water crosses the roadways.
22. Concentrated flows across driveways and/or sidewalks
shall not be permitted.
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APPLICANT SHALL CONTACT THE APPROPRIATE AGENCY REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS (ITEMS 23. THROUGH
40.):
UTILITIES
23. All proposed utilities within the project shall be
installed underground including existing utili ties unless
exempt by the Municipal Code.
24. utility easements shall be provided to the specification
of the serving utility companies and the Director of
Public Works.
25. The developer shall be responsible for the relocation
and undergrounding of existing public utilities, as
required.
26. 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.
27. Prior to acceptance of property for sewer service,
annexation to the sewer improvement area shall occur.
28. Applicant shall provide a letter of availability from the
appropriate utility serving agencies prior to granting
permits or approval of final map.
29. 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
30. Final parcel and tract maps shall conform to City
standards and procedures and the Subdivision Map Act.
31. Should this subdivision be further divided, each final
map shall be submitted for approval by the Director of
Public Works.
32. 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.
33. Prior to final map approval, all dedications shall be
made and easements granted as required above.
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STANDARD MAP CONDITIONS (Chapter 24.16 of the Municipal
Code)
34. 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.
35. That the subdivider install or agree to install fire
hydrants and connections, as required, of a type and
location approved by the Fire Chief and City Engineer.
36. 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.
37. 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 subj ect to the requirements of the
agency providing service to the subdivision.
38. 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 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 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
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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.
39. That the subdivider comply or agree to comply with all
the conditions of approval contained in the resolution
approving the tentati ve tract map and not otherwise
provided for by this Chapter.
40. That all required improvements conform to City standards.
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