1987-26
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RESOLUTION NO. C-87-026
A RESOLUTION OF THE CARDIFF-BY-THE-SEA COMMUNITY ADVISORY BOARD
OF THE CITY OF ENCINITAS
APPROVING A CONDITION AMENDMENT TO TPM 18730
FOR PROPERTY OF LOT 2 IN BLOCK 102 OF CARDIFF VISTA,
MAP 1547,COUNTY OF SAN DIEGO
WHEREAS,
Eric Kallen and George Smith applied
for a
Condition
Amendment
for
TPM
18730
road
improvements
for
required
by Resolution of the City Council on October 6, 1986
for property of Lot 2
County of San Diego;
WHEREAS, a public
in Block 102 of Cardiff Vista, Map 1547,
hearing was conducted by the Cardiff-by-
the-Sea Community Advisory Board on the Condition Amendment for
TPM 18730 on October 26, 1987, as required by law; and
WHEREAS, The Community Advisory Board considered:
1.
Application TPM 18730-CA
2.
Staff report dated October 26, 1987;
3.
Oral information submitted at hearing; and
4.
Written information submitted at hearing.
NOW
THEREFORE,
BE
IT
RESOLVED
that
the
Cardiff-by-the-Sea
Communi ty Advisory Board of the ci ty of
Encinitas
hereby
Condition
the
approves
Amendment
(TPM
18730-CA) to read as follows:
Condition D, Road Improvements (private):
Paragraph 1 - "The easement road along and wi thin the
easement centered on Bristol Avenue along Parcell shall
be improved to twenty feet (20') wide with asphaltic
concrete."
Paragraph 2 - "Rossini Drive and Brighton Avenue from the
proposed driveway for Parcel 2 to Oxford Avenue shall be
improved twenty feet (20 ') wide with asphaltic concrete.
spot reductions in paving width shall be permitted to
allow for existing impediments along the road easement
LN/06/CAB6-478wp (1-28-88)
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including the stone arches at the intersection of Brighton
Avenue and Oxford Avenue."
Paragraph 4 - "A registered civil Engineer or a licensed
Land Surveyor shall provide a signed statement that: 'The
private easement roads from Parcels 1 and 2 to Oxford
Avenue are constructed within the easements for the
benefit of the land division.'"
BE IT FURTHER RESOLVED
that TPM 18730-CA is approved
subject to the following conditions:
1.
That the property owner execute a covenant with
waiver of liability against the City in the event of
an accident on Bristol;
2.
That there be an indemnification clause for the City
for accidents that may occur for persons entering or
exiting the property on Bristol and for any other
party involved;
3.
That the property owner shall not oppose an
assessment district to widen Bristol or Rossini
Drive if a some time in the future it is deemed
necessary by the City of Encinitas.
PASSED AND ADOPTED this 26th day of October, 1987, by the
following vote, to wit:
AYES: Board members,
Shannon
NAYS: None
ABSENT: None
ABSTAIN: None
Winkler, Hirsch, Mac Manus, Slater and
J2~ fì.k- J1t, - if
Richard Mac Manus, Chairperson 0 the
Cardiff-by-the-Sea Community Advisory Board
ATTEST:
, ~ A5:~
Lln a S. Niles,
Assistant Planner
LN/06/CAB6-478wp (1-28-88)
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¡U:SO LlJ1'I 011 NO.
h .:ESOLUTION OF TilE CITY COUHCII. OF
1~E CITY OF EHCIIIITAS, CALIFORNIA
GRANTlIIG AN APPEAL FOR TEIITATIVE PARCEL MAP 18730
FOR PROPERTY LOCATED IJETWEEH BRISTOl. AVEIIUE MID
ROSSINI DRIVE, SOUTH OF Sm::FflEl.D
That the design or improvements of the þropo~cd division of land
are consistent with the City oC Encinitas General Plan; and
That the site is physically suitable Cor the proposed type oC
development; and .
WHEREhS, G~or9c L. Smith appli~d for approval oC a tentative
That the site is physically suitable Cor the proposed density of
development; and
located bet\/e"n Bristol
Avenue and Rossini
Drive,
South of
That the design of the division oC land or the type of
improvements will not cause public health problems per the
project service availability letter from the Cardiff Sanitation
District; and
p~~cel map to alIa'" for 2 parcels of 90~0 and 7200 square feet
Sheffield; and
"HEREAS, th" County of San Diego had granted approval of the
That the design of the division of land or the proposed
j~,provements is not likely to cause substantial environmental
damage or substantially and avoidably injure Cish or ~i!d!ife or
their habitat per the Negative Declaration dated May 29, 1986;
and
requast with certain conditions; and
WHEREAS, the applicant appealed certain conditions relating
That the design oC the land or the type oC improvecents docs not
conflict with easements, acquired by the public at large, Cor
access through or USe of, property within the proposed
subdivision, as defined under Section 66474 of the Government
Code, State of California,
to road improvements; and
¡"HEREAS, a pub! ic hearing was conducted on the appl ication
on October 6, 1986, by the City Council of the City of Encinitas,
at ..hich time all persons desiring to be heard were heard; and
That, based on the findings of the Director of the Department of
Planning and Land Use, this project will not have.a significant
impact on the environment for the following reasons:
WHEREAS,
evidence was submitted and considered
to
include
1.
No known endangered species or other environmental
resources will be signif icantly affected by this
project.
~ithout limitation:
1.
The application submitted (Attachment A) by George L.
Smith including all plans for development and other
"'ritten information, which is incorporated by this
reference as though fully setforth herein; and
2.
The proposal will not have significant growth-inducing
impacts.
IIOW, THEREFORE, IT IS DETERMIIIED MID ORDERED that Tentative
2.
The staff report (Attachment B) dated October 2, 1986,
\/hich is incorporated by this reference as though fully
setforth herein; and
Parcel Map No. 18730 is hereby approved subject to the following
conditions which must be complied "'; Ih before a
Parcel map is
J,
Oral information submitted at hearing; and
approved by
the
City
of
Encini tas and
filed
with
the
County
, .
Additional ..ritten documentation.
Recorder of San Diego County:
IIOW, THEREFORE, be it resolved tha t the ci ty Council of the
A.
ACCESS ROADS (Offsite)
City of Encinitas finds as follows:
1.
The subdivider shall furnish to the Departm!¡TIt of
Public Worl:s recorded documentation showing that th..
land division is connected to a publ icly maintained
road by an easement for road purposes. This easement
shall be forty feet (40') wide as ~peciCied in Section
81.703(a)(2) and (b) (I), unless proof is furnished that
That the Tontative ¡'arcel Map is consi,..tent with Ihe city o~
Encinitas General Plan because it proposes two parcels of 7,200
square feet or larger in the (6) Residential designation; and
CIW2-Tf'11187J0. re,.. (7-8-87)
rp"~-.......,,.~,~ ..,,- ,~ - --,
(!)
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a lesser "idth is ~pplicðble under Section 81.703
(1)(1) of the County Code, and shall be for the benefit
and use of the property being divided. Recordation
data tor said easement shall be sho"n on the Parcel
Map. This requirement ~pplies to offsite access to all
proposed parcels.
2.
The subdivider shall-obtain anencroachllent pet"llit troD
~~!tit;~P.rt..nt. of . Public Works for th..xisting "all
w{t~in Bristol Avenue right-ot-wày or present evidence
to. the satisfaction of the Department of Public Works
that'no encroachment exists.
B.
ROkO IMPROVE!1EIIT DISTRICT COVEIlAIIT
The suudivider shall sign a covenant agreeing not to oppose
the tormation ot a road improvement district.
C.
RO¡',D U!.IIITEtlA/:CE
The d"veloper shall provide tor ",aintenance of private
streets through a private road maintenance agreement.
ROAD IMPROVEMENTS (Private)
The ease!:lent road along and "ithin the easement centered on
Bristol Avenue "long Parcell trontage to the nearest
publicly maintained road shall be improved twenty-tour teet
(H ') "'ide wi th asphal tic concrete. The improvement and
design standards ot Section 3.1(n) ót the County Standards
tor Private Streets for one hundred (100) to seven hundred
titty (750) trips shall apply.
~ Rossini Drive from the pt¿;osed driveway tor Parcel 2 to the
nearest publicly maint~ined road shall be improved twenty
. _teet (20') "'ide with asphaltic concrete. The improvement--
, and design standards ot Section 3.1 (b) ot the C.>unty
, Standards tor Private Streets tor one hundred (100) to seven -_\
hundred titty (750) trips shall apply.
Plans, a processing deposit and an inspection deposit, as
determined by the Department of Public Works, shall be
submi~ed to the Improvements and Grading Group of the
Department ot Public Works.
A registerE:d civil engineer or a licensed land surveyor
shall provide a signed statement that: "The private roads
are constructed within the e~sements for the benefit ot the
l"nd division."
^ grading permit will be required prior to commencemenc ot.
the grading if the grading Deets the criteria ot Section
87.201 of the County Code. The above noted plan and three
hundred dollar (5300.00) deeosit will not be required if a
grading pennit is obtained. .
CRO2-TPHJ8730,res (7-8-87)
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h permit shall be obtained trom the Department of Publ ic
Works tor the improve",ents to be made within the publ ic
right-ot-way. The connection of the private easement road
to the County road will have to match the construction ot
the County road. A copy of the permit and evidence trom the
issuing agency that all the requirements of the permit have
been met, shall be submitted to the Department of Publ ic
Works with the Engineer's or Surveyor's statement.
E.
UTI LITY EASEMEIITS
Where private easement roads are not being dedicllt"d (.r
where allot the proposed parcels of the land division are
not on a public street, the subdivider shall provide the
Director ot the Department ot Public Works with letters troD
the serving utility companies stating that arrangements
satisfactory to the utility have been made to serve aJ 1
parcels being created. Ho letter will be required troD the
following~ Olivenhain Municipal water District, Pacific
Telephone Company, Rainbow Municipal water District, Valley
Center Municipal Water District, and Yucca Mutual Water
Col:\pany.
G
FLOODIHG/DRAIIIAGE
The subdivider shall contribute 5423.00 to the San Diego
County Flood Control District, Zone 1 (236), as his/her
share of future area tlood control/drainage improvements per
Ordinance Ho. 5856 (H.S.).
G. ~£RACE/WATER
EJ Plans and specifications for the installation ot a
sewer system serving each lot must be approved by the
Director, Department of Public Works. Th" subdivider
shall dedi~ate all necessary easements along with that
portion ot the sewer systEot:> which is to be public
sewer.
G
An adequate water main shall be extended to the
satisfaction of the San Dieguito Water District, and a
positive service col11lllitment shall be subroitted to tht'-~.
Director, Department of Public Works.
3.
The subdivider shall annex to the Cardift S/lnitation
District and submit a positive service commitment
letter from that district for both parcels.
4.
Ho sewer commitment shall be issued until all
condi tions in thi s Resolution of Approv/ll have been
satistied, the filial map or parcel map, grading plan
and iDprovement plans have been approv(!d b)' the
Department of Public Works and all fees and deposits
paid and improvement security posted.
CHO2-TPMJ6730.res (7-8-87)
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'n,e developer shall install ':.he sewer system and
dedicate the portion of the sewe, system which is to be
public sewer as sho,",n on the approved plans and
specifications.
H.
f'rior to tinal recordation of the parcel lDap, the
exhting dwell ing on proposed Parcel 1 shall be
connected to the Carditt sanitation District sewer
system, and the existing septic tank shall be pumped by
a licensed pumper truck and be p~operly backfilled.
FlHE i'HOTECTIOH
6.
The develo~er shall provide a letter ~rom the Encinitas Fire
Protection District stating that the plan chec); and/or cost
recovery fees have been paid to the satisfaction of said
District.
I.
OTHER REQUIREMENTS
1.
The subdivider shall comply with section 66436 of the
Government Code by furnishing to the County Department
ot Public Works a certification from each public
utility and each public entity o'-'ning easements within
the proposed subdivision stating that: (a) they have
rece i ved frolU the developer a copy of the proposed
fi na I I<\ap; (b) they obj ect or do not obj ect to the
filing ot the map without their signature.
All O'-'ners of record for subject property shall provide
authorization for the proposed land division to the
Department of Planning prior to recordation of the
Parcel Map.
2.
J.
Prior to approval of a Parcel Map the subdivider shall
obtain a permit or exemption from the California
Coastal Commission for the parcel which lies in whole
or in part within the permit area of the coastal zone
as defined in the California Coastal Act of 1976.
4.
Prior to the approval of the Pa=cel Map by the city of
Ene ini tas the subd i v ider shall provide the Department
of Publ ic Works with a copy of the deed by which the
subject property was acquired and a Parcel Map report
[rom a qualified title insurance company.
5.
ht the time of recordation of the Parcel Map, the name
of the person authorizing the map and whose name
appears on the SURVEYOR'S CERTIfICATE as the person who
lequested the map, shall be the name of the owner of
the subject property and shall be the .sallle party or'
parties as shown on the Tentative Parcel Map unless the
Director of the Department.of Planning has approved the
substitution of a successor-in-interest to such party
úr parties.
C¡:C'2-T!'I:J87JO,1"'" (7-6-87)
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Conditions D, F, G2, and G5 may be complied ~ith either prior to
or after the approval of ~ Parcel Map. If the conditions listed
above have n01 been complied with prior to approval of the Parcel
Map by the O..partment of Public Works, such conditions shall be
noticed on the Parcel Hap by a certificate acceptable to the
Department of Public Wor);s. In addition, the subdivider shall
execute a "Covenant of Improvement Requirements" listing the
conditions noticed on the Parcel Map that have not been complied
with. This Covenant shall be recorded by the Departrnent of
Public Hor):s prior to the approval of the Parcel Map. The
Covenant shall be noted on the Parcel Map.
Condition D shall be complied with prior to the issuance of è
building permit or other grant of approval for develop;nent,
including further division, for any parcel created by the Parcel
Hap. If a Covenant has been recorded for conditions not cornplied
with prior to recordation of the Parcel Map, a building permit ~'
other grant of approval, including further division, m,,}'
approved whep the applicant presents a copy of a Release
Improvement Requirements, recorded by the Depa rtment of Publ i::
Works, stating that the improvements listed in the Covenant at
Improvement Requirements and noticed on the Parcel Map have been
completed to the satisfaction of the Department of Public Works.
conditions F, G2, and G5 should be compl ied vi th prior to
approval of the Parcel Map or within a reasollable time following
such approval pursuant to findings by the City Council that they
are prerequisite to the orderly development of the surrounding
area and that public safety reasons exist. If the conditions are
to be met following approval, a secured agreement must be
executed. Such agreement requires posting security with the City
of Encinitas or applicable District in the torm of a cash
deposit, instrument of credit, or irrevocable letter of credit
valued at, or more than, the estimated improvement costs.
NO PARCEL SIIOlfN 011 TillS APPROVED TENTATIVE PARCEL HAP SHALL BE
LEASED, SOLD, CONVEYED OR TRANSFERRED, UNLESS AND UNTIL A PARCEL
MAP APPROVED BY TilE CITY OF ENCIIIITAS liAS BEEII n LED III THE
OFFICE OF THE COUNTY RECORDER. 110 BUILDING PERJ'.IT MAY BE ISSUED
OR GRANT OF APPROVAL FOR fURTHER DEVELOPMENT OR FURTHER DIVISION
BE GIVEII FOR SAID PARCELS UNTIL ALL COlmITIOIIS OF APPROVAL ARE
SATISFIED AIID AllY DEFERRED IMPROVEMI:IITS IIl,VE DI:EII CCI1PLETED.
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CRO2-TPI'i18730.res (7-8-87)
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PASSED ;,/JO ADOPTED th is
[ollo~ing yote, to vit:
AYES:
6th day of October,
1986,
by the
/lAYS:
/Jone
Ga1n~s, Shea, Steel, Luke, and Ornsted.
ABSENT:
/Jane
ATTEST:
E. Jane Pool,- City Clerk
"::;':("12-T '~:16J)O. '(", (J-S-S?)
MARJORIE GAINES, ~:AYOR of the
city of Encinitas, California
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cc:
Leon ThaI, ~O2 Brighton Avenue, Cardiff, CA 92007
Eric Kallen, Box 33767, San Diego, CA 92103
Department of Public Works -- Map Processing section (0336)
Department of Public Works -- Development Reviev, Brian
Headrick (0336)
Department of Public works -- Harry Crossley (0338)
Construction Inspection, J. Behrens (090)
CRO2-TPtil6730.res (7-8-67)