1989-04
.
RESOLUTION NO. 89-04
. A RESOLUTION OF THE LEUCADIA COHKUNITY ADVISORY BOARD
. CITY OF ENCINITAB, APPROVING All APPLICATIOB
TO ALLOW A TENTATIVE PARCEL MAP AND VARIANCB
FOR PROPERTY LOCATED AT 545 OCEANVIEW AVENUB
(CASB NUMBER 89-012 TPK/BIA/V)
WHEREAS, a request for consideration of a Tentative Parcel
Map, Environmental Assessment and a Setback Variance was filed by
John Guidero to allow 3 units and a reduction in side yard setback
pursuant to Chapters 24 & 30 of the City of Encinitas
Municipal/Zoning Codes, for the property located at 545 Oceanview
Avenue, legally described as;
That portion of Lots 30 and 31, Block 1, AVOCADO ACRES, in the
County of San Diego, State of California, according to Map No.
1791, filed in the office of the County Recorder of San Diego
County, April 29, 1924, lying Northerly and Westerly of the
following described line:
. Beginning at a point on the West line of said Lot 31, distant
thereon North 05°16'00" East, 100.00 feet from the Southwest
corner of said Lot 31; thence North 90°52'30" East, 421.33
feet to the Westerly line of the land described in deed to the
State of California recorded June 8, 1962 as File No. 97630;
thence along said Westerly line North 16°51'21" West, 147.14
feet to the North line of said Lot 30.
WHEREAS, a public hearing was conducted on the application on
March 16, 1989; and
WHEREAS, the Leucadia Community Advisory Board considered:
1. The staff report dated March 10, 1989; and
2. The application and maps submitted by the applicant; and
3. Oral evidence submitted at the hearing; and
4. Written evidence submitted at the hearing.
.
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WHEREAS, the Leucadia Community Advisory Board made the
following findings pursuant to the Municipal Code:
. SEE ATTACHMENTS "A", "B" AND "c"
NOW, THEREFORE, BE IT RESOLVED by the Leucadia Community
Advisory Board of the City of Encinitas that the Tentative Parcel
Map and setback reduction variance, are hereby approved subject to
the following conditions:
SEE ATTACHMENT "D"
BE IT FURTHER RESOLVED by the Leucadia Community Advisory
Board of the City of Encinitas that:
That this project will not have a significant effect on the
environment and a mitigated negative declaration is hereby
certified, pursuant to the California Environmental Quality
Act (CEQA).
PASSED AND ADOPTED this 16th day of March, 1989, by the
following vote, to wit:
. AYES: Harwood, Eldon, Kaden, Locko, Shur
NAYS: None
ABSENT: None
ABSTAIN: None
ATTEST:
~! 14J.CuA
Bill Wee an
City Planner
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BW/05/CAB13-1199WP510(4-13-89-3)
ATTACHMENT "A"
LEUCADIA COMMUNITY ADVISORY BOARD
. RESOLUTION NO. 89-04
(Findings Pursuant to Section 24.01.080
Municipal Code For Subdivisions)
1. The authorized agency makes any of the findings contained in
Section 66474 of the Act.
.
(a) That the proposed map is not consistent with applicable
general and specific plans as specified in Section 65451.
Bvidence to Consider:
The project as proposed results in a net acreage of 1.07 acres
and the resulting 3 parcels will be consistent with the
Residential 2-3 units per acre designation of the proposed
General Plan; no specific plans are applicable to this site.
(b) That the design or improvement of the proposed
subdivision is not consistent with applicable general and
specific plans.
. Evidence to Consider:
The design and improvements will be consistent with the
residential 2-3 units per acre designation of the proposed
General Plan.
(c) That the site is not physically suitable for the type of
development.
Bvidence to Consider:
With proper improvements to roadways, grading and the
extension of public sewer to the site, the physical
suitability of the site for development will be consistent
with recognized standards of development for single family
residences.
(d) That the site is not physically suitable for the proposed
density of development.
Evidence to Consider:
. The site is physically suitable for the proposed density of
development since only minor grading for pad preparation, road
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extension and sewer extension will be necessary to accommodate
the 3 single family residences.
. (e) 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:
A mitigated Negative Declaration requiring acoustical analysis
of all newly constructed residential units will provide for
reasonable development of the site even though the site may
be impacted by traffic noise from the adjacent Interstate 5.
(f) That the design of the subdivision or type of
improvements is likely to cause serious public health
problems.
Evidence to Consider:
with extension of necessary roadways, sewer, water, electric,
gas and other utilities, the project is not likely to cause
serious public health problems.
.
(g) 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 evidence has been submitted to indicate that public
easements are in conflict with the proposed development; a new
sewer easement will be created by the subdivision.
2. The final or parcel map is not in substantial compliance with
the previously approved tentative map. (Gov. Code 66474.1).
Evidence to Consider:
This project is a proposal for the Tentative Parcel Map and
the resulting parcel map must be found to be in substantial
compliance prior to recordation.
.
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3. The City Council and the authorized agency have not taken
action in accordance with Section 66474.5 of the Act relating
to land projects.
. Evidence to Consider:
This project is not a land project as defined in the Act.
4. 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:
No evidence has been submitted to indicate that the project
does not comply with the Municipal Code and the Act.
5. The resulting parcels are too small to sustain agricultural
use in accordance with Section 66474.4 of the Act.
Evidence to Consider:
No evidence has been submitted to indicate that this project
is subject to an agricultural preserve contract; the land is
. too small to be able to sustain agricultural uses.
6. The proposes subdivision is not entirely within the corporate
boundaries of the City.
Evidence to Consider:
The proposed project is entirely within the corporate
boundaries of the City.
7. 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 proposes subdivision.
Evidence to Consider:
The project will be served by public sewer furnished by the
Encinitas Sanitary District; an extension of sewer line is
necessary.
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ATTACHMENT "B"
LEUCADIA COHHUNITY ADVISORY BOARD
. RESOLUTIOH NO. 89-04
Findings for a Variance
(Section 30.78.030 Municipal Code)
A. A variance from the terms of the zoning ordinances shall be
granted only when, because of the special circumstances
applicable to the property, including size, shape, topography,
location or surroundings, the strict application of the zoning
ordinance deprives such property of privileges enjoyed by
other property in the vicinity and under identical zoning
classification.
Evidence to Consider:
The existing site is developed with a residential structure
located within the area proposed for a private road to serve
two newly created parcels to the rear of the site; the
applicant will remove a portion of the structure but will
still be within the required setback area. The location of
the structure and the requirement for the access road are
creating the need for the Variance. Other houses in the area
are maintaining similar setbacks and have been divided,
therefore to deny the applicant the variance would deny the
. right to develop in a manner consistent with other parcels in
the neighborhood.
B. Any variance granted shall be subject to such conditions as
will assure that the adjustment thereby authorized will not
constitute a grant of special privileges inconsistent with the
limitations upon other properties in the vicinity and zone in
which such property is situated.
Evidence to Consider:
The variance will not be a grant of special privilege since
parcels to the west and north of the site have developed with
similar setbacks.
C. A variance will not be granted for a parcel of property which
authorizes a use or activity which is not otherwise expressly
authorized by the zoning regulation governing the parcel of
property. The provisions of this section shall not apply to
conditional use permits.
Evidence to Consider:
The Variance will allow for a parcel map and construction and
retention of single family homes which are consistent with the
. Municipal Code.
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D. No Variance shall be granted if the inability to enjoy the
privilege enjoyed by other property in the vicinity and under
identical zoning classification:
. 1. Could be avoided by an alternate development plan;
2. Is self-induced as a result of an action taken by the
property owner or the owner's predecessor;
3. Would allow such a degree of variation as to constitute
a rezoning or other amendment to the Zoning Code; or
4. Would authorize or legalize the maintenance of any
private or public nuisance.
Evidence to Consider:
An alternate development plan of removing an additional four
feet of the house would negate the need for the Variance; such
removal would not be in the best interests of the community.
The applicant is requesting a land division which is creating
the need for an additional easement road and greater setback
on the property; however, the existing house, with a portion
removed, will be 6 ft. away from a private easement serving
only 2 parcels which will not be a threat to the public
health, safety or welfare.
The grant of the variance reducing the setback under the
proposed code from 10 ft. to 6 ft. from edge of easement is
. not a rezone or a legalization of a nuisance. The present
code requires a setback of 35 ft. from centerline of the
proposed 24 ft. easement; the proj ect will be 18 ft. from
centerline.
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ATTACHMENT "c"
LEUCADIA COMMUNITY ADVISORY BOARD
. RESOLUTION NO. 89-04
(Findings Pursuant to Section 30.16.5(B)
for density over mid-range)
1. There are no environmentally constrained lands on the project
site; and
2. The project shows high sensitivity to the neighboring
properties and area to ensure compatibility with land uses and
community character by proposing a development which is
generally consistent with the size and shape of parcels in the
area; and
3. The proj ect design significantly exceeds the minimum standards
for development in that the resulting lots of 14,600, 16,000
and 16,200 net square feet will be greater in size than the
required 14,500 square feet in the development standards and
the net density will be 2.68 units per net acre which is less
than 3 units per net acre; and
4. The project provides for the extension of sewer line over
neighboring properties for a distance of approximately 500 ft.
which will result in sewer availability and less reliance on
septic systems for several existing and potential residential
. units. The project is also dedicating an additional 10 feet
of right-of-way for Oceanview Avenue.
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ATTACBKENT "D"
STANDARD CONDITIONS OF APPROVAL
. RESOLUTIOH HO. ag-04
Applicant: John Guidero
Location: 545 Oceanview Avenue
Case No.: 89-012 TPM/EIA/V
CITY OF ENCINITAS
1. GENERAL CONDITIONS
A. This approval will expire on March 16, 1991, after the
approval of this project unless the conditions have been
met or an extension has been approved by the Authorized
Agency.
B. This approval may be appealed to the authorized agent
within 15 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 unless specially waived.
E. Permits from other agencies will be required as follows:
Coastal Commission
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND
COMMUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING
CONDITIONS:
2. SITE DEVELOPMENT
A. For new residential dwelling unites), the applicant shall
pay development fees at the established rate. Such fees
may include, but not be 1 imi ted to: Permi t 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 made:
a. Prior to final map approval.
. b. Prior to building permit issuance; or
c. As determined pursuant to the Municipal Code.
BW/05/CAB13-1199WP5 17(4-13-89-3)
B. street names shall be approved by the City prior to the
recordation of the final map, and street addresses shall
be provided prior to the issuance of building permits.
. C. Building identification and/or addresses shall be
placed on all new and existing buildings so as to be
plainly visible from the street or access road; color of
identification and/or addresses shall contrast with their
background color.
D. Applicant shall submit to the Community Development
Department a security construction plan for review and
approval. Said Plan shall identify any temporary
fencing, temporary parking and circulation, project
access and the like.
E. 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.
F. Any change to the natural drainage or concentration of
drainage shall be adequately handled and shall not impact
adjacent properties.
G. 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.
H. Subsequent development of the building sites resulting
from this subdivision shall require Design Review.
3. ADDITIONAL APPROVALS REQUIRED
A. Working drawings shall include a certification by a
recognized acoustical expert that the requirements of
the City of Encinitas noise ordinance will be met.
APPLICANT SHALL CONTACT THE ENCINITAS PIRE PROTECTION DISTRICT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
4. 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. 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
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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 20 psi. The installation
of a pressure reducing station may be required. Fire
hydrants shall be of a bronze type.
C. All two-way traffic aisles shall be a minimum of 24 feet
wide and emergency access shall be provided, 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. 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. This includes verification by the City that the
structure on the site is a single family structure.
B. An open space easement shall be granted to the City
over, upon, across and under the area defined on the
final maps as a noise protection easement and no
building, structures or other things shall be
constructed, erected, placed or maintained on subject
easements except as authorized pursuant to acoustical
studies and Design Review approved by the city of
. Encinitas.
APPLICANT SHALL CONTACT THB PUBLIC WORXS DBPARTMENT REGARDING
COMPLIANCB WITH THB FOLLOWING CONDITIONS:
(ITEMS 1 THROUGH 23)
Conditions
1. No grading permits shall be issued for this subdivision prior
to recordation of the final map.
2. The developer shall obtain a grading permit prior to the
commencement of any clearing or grading of the site.
3. The grading for this project is defined by Chapter 23.24 of
the Encinitas Municipal Code. Grading shall be performed
under the observation of a civil engineer whose responsibility
it shall be to coordinate site inspection and testing to
ensure compliance of the work with the approved grading plan,
submit required reports to the City Engineer and verify
compliance with Chapter 23.24 of the Encinitas Municipal Code.
4. No grading shall occur outside the limits of the
(SUBDIVISION/PROJECT) unless a letter of permission is
obtained from the owners of the affected properties.
. 5. A separate grading plan shall be submitted and approved and
a separate grading permit issued for the borrow or disposal
site if located within the city limits.
BW/05/CAB13-1199WP5 19(4-13-89-3)
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6. All slopes within this project shall be no steeper than 2:1.
. 7. A soils/geological/hydraulic report (as applicable) shall be
prepared by a qualified engineer licensed by the state of
California to perform such work prior to final map approval.
8. Prior to hauling dirt or construction materials to any
proposed construction site within this project the developer
shall submit to and receive approval from the City Engineer
for the proposed haul route. The developer shall comply with
all conditions and requirements the City Engineer may impose
with regards to the hauling operation.
9. The developer shall exercise special care during the
construction phase of this project to prevent any offsite
siltation. The developer shall provide erosion control
measures and shall construct temporary desiltation/detention
basins of type, size and location as approved by the City
Engineer. The basins and erosion control measures shall be
shown and specified on the grading plan and shall be
constructed to the satisfaction of the City Engineer prior to
the start of any other grading operations. Prior to the
removal of any basins or facilities so constructed the area
served shall be protected by additional drainage facilities,
slope erosion control measures and other methods required or
approved by the City Engineer. The developer shall remain the
temporary basins and erosion control measures for a period of
time satisfactory to the City Engineer and shall guarantee
. their maintenance and satisfactory performance through cash
deposit and bonding in amounts and types suitable to the City
Engineer.
10. 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 City
Engineer to properly handle the drainage.
11. The developer shall pay the current local drainage area fee
prior to approval of the final map for this project or shall
construct drainage systems in conformance with the Master
Drainage Plan and City of Encinitas Standards as required by
the City Engineer.
12. The owner of the subject property shall execute a hold
harmless covenant regarding drainage across the adjacent
property prior to approval of THE FINAL MAP for this project.
13. The developer shall make an offer of dedication to the City
for all public streets and easements required by these
conditions or shown on the TENTATIVE MAP. The offer shall be
made BY A CERTIFICATE ON THE FINAL MAP for this project. All
. land so offered shall be granted to the City free and clear
of all liens and encumbrances and without cost to the city.
streets that are already public are not required to be
rededicated.
BW/05/CAB13-1199WP5 20(4-13-89-3)
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14. Ten feet shall be offered for dedication by the developer
along the subdivision frontage based on a center line to
. right-of-way width of 60 feet and in conformance with City of
Encinitas Standards.
15. Reciprocal access and maintenance and/or agreements shall be
provided enduring access to all parcels over private roads,
drives or parking areas and maintenance thereof to the
satisfaction of the Director of Public Works.
16. 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.
17. Plans specifications, and supporting documents for all
improvements shall be prepared to the satisfaction of the City
Engineer. Prior to approval of the final map, the Subdivider
shall install, or agree to install and secure with appropriate
security as provided by law, improvements shown on the
tentative map and the following improvements to City standards
to the satisfaction of the City Engineer: The private road
of access to Parcels 2 and 3.
18. The developer shall comply with all the rules, regulations and
design requirements of the respective sewer and water agencies
regarding services to the project.
. 19. 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.
20. The design of all private streets and drainage systems shall
be approved by the City Engineer prior to (APPROVAL OF THE
FINAL MAP for this project. The structural section of all
private streets shall conform to City of Encinitas Standards
based on R-value tests. All private streets and drainage
systems shall be inspected by the City prior to ISSUANCE OF
ANY BUILDING PERMIT for this project. The standard
improvement plan check and inspection deposit is required.
21. The Subdivider shall provide separate sewer, water, gas, and
electric services with meters to each of the units.
22. The developer shall be responsible for coordination with
S.D.G.& E., Pacific Telephone, and Cable TV authorities.
23. Approval of this tentative tract map shall expire twenty-four
months from the date of the authorized agency approval unless
a final map is recorded. An extension may be requested by the
applicant in accordance with the Municipal Code.
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APPLICANT SHALL CONTACT THE APPROPRIATE AGENCY REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
. 5. 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:
a. Prior to final map.
. b. Prior to building permit issuance.
F. Applicant shall provide a letter of availability from the
appropriate utility serving aaencies prior to granting
permits or final map.
G. 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.
6. GENERAL REQUIREMENTS AND APPROVALS
A. Final parcel and tract maps shall conform to City
standards and procedures and the Subdivision Map Act.
B. 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.
C. Prior to final map approval, all dedications shall be
made and easements granted as required above.
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