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1989-03 - 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. ~04/CRO4-146WP5 3(1-3-89) 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 ~04/CRO4-l46WP5 9(1-3-89) . ABSENT: NONE . Harwood, Chairperson of the Community Advisory Board ATTEST: C¡~Ge,~~ craig R. Olson, Assistant Planner . ~04/CRO4-146WP5 10(1-3-89) - -