1989-03
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RESOLUTION NO. 89-03
RESOLUTION OF THE LEUCADIA
COMMUNITY ADVISORY BOARD APPROVING
. A TENTATIVE PARCEL MAP TO CREATE
FOUR PARCELS FROM AN EXISTING 1.21 ACRE SITE
LOCATED AT 1340-1364 HYGEIA STREET
(CASE NO. 88-371-TPM)
WHEREAS, a Tentative Parcel Map to subdivide an existing
1.21 acre site into four lots of 10,680, 11,228, 14,016 and 11,
120 square feet, respectively, was filed by Mr. Don Countryman;
and
WHEREAS, a public hearing was conducted on the application
on March 30, 1989; and
WHEREAS, the community Advisory Board considered:
1. The Tentative Parcel Map (revised 3-27-89) submitted
by the applicant;
2. The Staff Report dated March 23, 1989;
. 3. Oral testimony submitted at the hearing; and
4. written evidence submitted at the hearing; and
WHEREAS, the Board made the following findings:
(a) That the Tentative Parcel Map is consistent with the
General Plan, because the subject property is
designated for single family residential development
at 5.01-8.00 dwelling units per acre.
(b) That the design or improvement of the proposed
subdivision is consistent with the General Plan,
because the design of the subdivision is to allow for
single family residential development, and its
improvement with such homes is consistent with the
General Plan.
(c) That the site is physically suitable for the type of
development, because the subject property is a site
l.n an area which will support this type of
development.
(d) That the site is physically suitable for the proposed
. density of development, because all of the resulting
~-104/CRO4-146wp5 1(1-3-89)
lots are of a size which can accommodate single
family dwellings.
(e) 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, because no
sensitive biological habitats have been identified
which would be impacted by this subdivision and the
proposal has been found categorically exempt from
environmental review pursuant to the state CEQA
Guidelines.
(f) That the design of the subdivision or type of
improvements is not likely to cause serious public
heal th problems, because sewer and water service is
available on Hygeia street and the site plan
indicates internal utility connections.
(g) 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.
(h) In accordance with 66473 and 66474.2 of the Act, the
map complies with the requirements or conditions
imposed by the city's Subdivision Ordinance and the
Act.
. (i) The proposed subdivision is entirely within the
corporate boundaries of the city.
NOW THEREFORE, BE IT RESOLVED that 88-371-TPM is hereby
approved subject to the following conditions:
1. That drainage improvements be installed and maintained to
conform to those specifications required by the city
Engineer as shown on the Tentative Parcel Map (revised 3-
27-89) Furthermore, the applicant will make a good faith
effort to the satisfaction of the City Engineer to obtain
the private drainage easemEnt to Hermes Avenue as shown on
the same map.
2. All dwelling units and attached garages shall be fully
fire sprinklered.
3. All required fees owed to the City of Encinitas shall be
paid.
4. All private sewers shall be installed per public utility
standards.
5. The cul-de-sac shall be designed to meet a minimum paved
radius of 30 feet.
.
CO/04/CRO4-146wp52(1-3-89)
6. Prior to permit issuance, the developer shall provide
evidence of a Coastal Development Permit or Notice of
Exemption from the California Coastal Commission
. satisfactory to the Community Development Department.
7. Applicant shall execute and cause to be recorded covenants
indicating that all residential structures developed on
the site will be subject to design review unless otherwise
exempted pursuant to the Municipal Code.
1. GENERAL CONDITIONS
A. This approval shall expire on March 30, 1991, unless
a Final Parcel Map has been recorded prior to that
time in substantial reliance thereon, or the approval
is extended by the City or operation of law.
B. This approval may be appealed to the authorized agent
within 10 days from the date of this approval.
C. Nothing in this permit shall relieve the applicant
from complying with the conditions and regulations
generally imposed upon activities similarly in nature
to the activity authorized by this permit;
D. 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.
. E. The applicant shall comply with the latest adopted
Uniform Building Code, Uniform Mechanical Code,
Uniform Plumbing Code, National Electric Code,
Uniform Fire Code, and all other applicable codes and
ordinances in effect at the time of building permit
issuance.
F. Project is approved as submitted/modified and shall
not be altered without Community Advisory Board
review and approval.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND
COMMUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE
FOLLOWING CONDITIONS:
2. SITE DEVELOPMENT
A. site shall be developed in accordance with the
approved site plans on file in the Community
Development Department and the conditions contained
herein.
B. For new residential dwelling unit(s), the applicant
shall pay development fees at the established rate.
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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 final map
approval.
C. Street names shall be approved by the City prior to
the recordation of the final map.
D. Owner(s) shall enter into a covenant waiving any
claims of liability against the City and agree(s) to
indemnify and hold harmless the City and City's
employees relative to the approved project. This
covenant is applicable to not impact adjacent
properties.
F. That a plan be submitted for approval by the Director
of Planning and Community Development and the
Encinitas Fire Protection District regarding the
treatment of the site during the construction phase,
and the circulation and parking of construction
workers' vehicles and any heavy equipment needed for
the construction of the project.
APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION
DISTRICT REGARDING COMPLIANCE WITH THE FOLLOWING
CONDITIONS:
. 3. FIRE
A. Prior to delivery of combustible building materials
on site, water and sewer systems shall satisfactorily
pass all required tests and be connected to the
public water and sewer systems. In addition, the
first lift of asphalt paving shall be in place to
provide adequate, permanent access for emergency
vehicles. Said access shall be maintained to the
satisfaction of the Fire Department.
B. All designated emergency access roads shall be posted
per the Fire Department.
c. 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.
D. Cul-de-sacs shall be designed to meet a minimum paved
radius of 30 feet to ensure adequate turn around.
. E. All two-way traffic aisles shall be a minimum of 24
feet wide and emergency access shall be provided,
COj04jCRO4-146wp54(1-3-89)
maintained free and clear, a minimum of 24 feet wide
. at all times during construction in accordance with
Fire Department requirements.
4. EXISTING STRUCTURE
A. Provide compliance with the Uniform Building code for
property line clearances considering use, area and
fire resistance of existing buildings.
B. Existing building(s) shall be made to comply with
current building and zoning regulations for the
intended use or the building shall be demolished with
appropriate permits.
C. Existing sewage disposal facilities, if any, shall be
removed, filled and/or capped to comply with
appropriate grading practices and the Uniform
Plumbing Code.
APPLICANT SHALL ~ONTACT THE PUBLIC WORKS DEPARTMENT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
5. GRADING
A. Grading of the subject property shall be in
. accordance with the Grading Ordinance.
B. soils/geological/hydrolic report shall be prepared
A
by a qualified engineer licensed by the state of
California to perform such work prior to final map
approval.
C. The final grading plan shall be a subject to review
and approval by the Public Works Department and shall
be completed prior to recordation of the final
subdivision map or issuance of building permit,
whichever comes first.
6. STREETS AND SIDEWALKS
(The authorized agency may modify City Standards in
particular cases. The application of a request for such
modification must show special circu~stances 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 l.njurious
to other property in the immediate vicinity.
. A. All interior and exterior public streets shall be
constructed to public street standards.
CO/04/CRO4-146wp5 5(1-3-89)
B. 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.
C. street striping and signing shall be installed to the
satisfaction of the Director of Public Works.
D. All street structural sections shall be submitted to,
and approved by the Director of Public Works.
E. 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.
F. 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.
G. 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.
. H. Developer shall execute and record covenant with the
County Recorder agreeing not to oppose the formation
of an assessment district to fund the installation of
right-of-way improvements.
7. DRAINAGE ?iliD FLOOD CONTROL
A. storm drains will be required at locations specified
by the Liirector of Public Works and in accordance
with standard engineering practices.
B. A drainage system capable of handling and disposing
of all surface water originating within the
subdivision, and all surface waters that may flow
onto the subdivision 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.
C. Concentrated flows across driveways and/or sidewalks
shall not be permitted.
APPLICANT SHALL CONTACT THE APPROPRIATE AGENCY REGARDING
41 C~PLI~CE WITH THE FOL~ING CONDITIONS:
jû4/CRO4-146wp5 6(1-3-89)
.
8. UTILITIES
A. All proposed utilities within the project shall be
installed underground including existing utilities
. unless exempt by the Municipal Code.
B. utility easements shall be provided to the
specification of the serving utility companies and
the Director of Public Works.
C. The developer shall be responsible for the relocation
and undergrounding of existing public utilities, as
required.
D. 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.
E. The applicant shall pay for a water system analysis
to establish the proper size and location for the
public water system. The amount will be determined
by the cost of the analysis and shall be paid prior
to final map.
F. Applicant shall provide a letter of availability from
the appropriate utility serving aqencies prior to
granting permits or final map.
. G. Developer shall construct a light system conforming
to city of Encinitas Standards at no cost to the
public and shall annex said system into the street
light maintenance district prior to acceptance by the
city of the street light system.
H. 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.
9. GENERAL REQUIREMENTS AND APPROVALS
A. Final parcel and tract maps shall conform to City
standards and procedures and the Subdivision Map Act.
B. Should this subdivision be further divided, each
final map shall be submitted for approval by the
Director of Public Works.
H. Prior to final map approval, all dedications shall be
made and easements granted as required above.
. 10 . STANDARD MAP CONDITIONS (Chapter 24.16 of the
v;04jCRO4-146wp57(1-3-89)
Municipal Coat:!)
A. That the subdivider grade and improve or agree to
grade and improve all land dedicated or to be
. dedicated for streets or easements, bicycle routes,
and all private streets and private easements laid
out on a final map or parcel map in such manner and
with such improvements as are necessary for the use
of the lot owners in the subdivision and local
neighborhood traffic and drainage needs, and in
accordance with the city standards.
B. 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.
c. 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.
D. That the subdivider provide all necessary easements
and 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.
. E. 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 subj ect 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.
F. 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.
. G. All new and existing utility facilities, including,
j04/CRO4-146wp58(1-3-89)
,
.
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 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.
H. That the subdivider shall construct or shall cause to
be constructed at his cost a street lighting system
conforming to the City Standards.
. 1. Where the city has adopted a flood control element or
drainage element of the general pl~n, all
improvements shall conform to such ~lement.
J. 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.
K. That all required improvements conform to city
Standards.
PASSED AND ADOPTED this 30th day of March, 1989, by the
following vote, to wit:
AYES: Harwood, Shur, Eldon, Kaden, Locko
NAYS: None
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.
ABSENT: NONE
. Harwood, Chairperson of the
Community Advisory Board
ATTEST:
C¡~Ge,~~
craig R. Olson, Assistant Planner
.
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