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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. . BW/05/CAB13-1199WP59(4-13-89-3) 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 . 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 BW/05/CAB13-1199WP511(4-13-89-3) 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. . BW/05/CAB13-1199WP512(4-13-89-3) 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. . BW/05/CAB13-1199WP513(4-13-89-3) 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. BW/05/CAB13-1199WP5 14(4-13-89-3) 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. . I BWj05jCAB13-1199WP515(4-13-89-3) j 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. . BW/05/CAB13-1199WP516(4-13-89-3) 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 BW/05/CAB13-1199WP518(4-13-89-3) j 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) j - 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) . . -- 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. . BW/05/CABI3-1199WP521(4-13-89-3) I . . 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. . BW/05/CAB13-1199WP522(4-13-89-3)