Loading...
1987-674382 � pp 7 THE CITY OF ENCINITAS q 0 t 6 7 4 3 8 2 6 527'rENCINITAS BOULEVARD V 1 2 13 ! ENCINITAS, CALIFORNIA 92024 RESOLUTION NO. 87-50 ATTN: MELISSA VA S#1 86-029 A RESOLUTION OF THE CITY COUNCIL OF 1937 DEC -7 Pfd 3: 55 THE CITY OF ENCINITAS, CALIFORNIA, APPROVING VACATION VAC86-029 VE RA(_.L'i't F� FOR PROPERTY LOCATED AT FIFTH AND "E" STRE 'T30Ut4 E Y iiE:COi;OCR NO FEE WHEREAS, a noticed, public hearing was conducted by the City ? � i I ° i ! Council on May 26, 1987 at which time documentary and oral information was presented and considered. A copy of the P ; application is attached hereto marked "Attachment All and rn 1 4 incorporated herein by this reference as though fully set forth. BE IT -RESOLVED by the City Council of the City of Encinitas, that based upon the information presented during the hearing of this matter, the City Council finds as follows: 1. Pursuant to Article 20 of the San Diego County Procedures for Environmental Impact Review, the requested vacation Z is not subject to the environmental review process, because it has been determined with certainty that this v type of project will not have a significant effect on the environment. m 2. Pursuant to Section 65402 of the Government Code the ^� t requested vacation conforms to the City General Plan with `♦ respect to location, purpose, extent. 3. Pursuant to the Streets and Highway Code the subject 0 right-of-way is not useful as a non-motorized transportation facility and is unnecessary for present or prospective use as a City. Street, Highway, or PublicN Z Service Easement. BE IT FURTHER RESOLVED that the attached Staff Report referred C to as Attachment "B" is' incorporated herein by reference as though *A fully set forth. BE IT FURTHER RESOLVED that the approval of VAC86-029 be subject 0 to the following conditions: m . BZA3-108 Book#{ Page # N 0 v rn I � � 12 1.4 1. The vacation of 5th Street shall not become effective until provisions acceptable to the Director of Public Works for a standard knuckle at the intersection of "E" Street and Fifth Street and a private road easement is recorded between and for the benefit of all properties 0 (� fronting on 5th Street between Rancho Santa Fe Road and 28 feet west of the centerline of "E" Street. The }� applicants for tentative parcel maps 18493 and 18494 shall also construct a 12 foot wide driveway between existing drives*ays and "E" Street to the satisfaction of ! the Encinitas Fire Protection District. This condition r"'° E may be complied with before or concurrent with the recording of parcel maps pursuant to MS 18493 and 18594. TP rn , 2. ` + The applicants shall insure that all public utilities O 9 have access and utility easements over, under and through the private road easements recorded after the vacation becomes effective. 1$ M+ 3. The vacation of "E" Street shall not become effective until provisions acceptable to the Director of Public Works have been made for the improvement of 7th Street between Rancho Santa Fe Road and "E" Street from 7th Street to the southerly terminus of "E" Street at 5th 3 Street. Said improvements for 7th Street and "E" shall be to a v paved width of 20 feet. The right of way shall be 56 m feet except south of TPM 18705 where the -easterly 0 vacation shall result in a right of way half width of 31 feet east of centerline of "E" street. All improvements o shall - otherwise conform to private road standards in effect within the City of Encinitas at the time of completion or execution of secured agreement for said 0 improvements. C , r This condition supersedes those conditions contained within final notices of approval for TPMs 18493, 18494, 18705, and 18579. This condition shall be treated as though fully set forth as a resolution amendment to the x . aforementioned tentative parcel maps. e 0 . r. o � r .4 BZA3-108 ', Book i . # �--.Page--- . , Va M f i b the { PASSED AND ADOPTED this 8th day of June 1987, Y t ! following vote, to wit: i AYES: Gaines, Omsted, Luke, Shea, and Steel _ n� NAYS: None ABSENT: None Acity GAINES Mayor of the Encin itas, California ATTEST: o s a 1 t�3Clerk E, J E 'POOL, City o : I,E.JANE POOL.City Clerk of the CNyof EnOMIM4 CWIOmb O 0. alty do hereby certify under pen of perjury tat h 1110 AM and foregoing is a true and oo�r+aot ogry of thb do0rNllMtt on fill in my office.In-witnen whmd 1 hate Md mV WWI and the Seal of the City of EndnkMthis z day of�� .�..10.Y..i. . E.Jane Pool,City Clerk h M, gg � iY BZA3-108 Book# Page# (� Pa r. 0 _ , m /� =S©C t✓ /""/V P7— 5) _ ` County of San Diego a rrg Department of Planning and Land Use " 5201 Ruffin Road,Suite'B j y o San Diego,California 92123 j'•� `RECEIVE H } DEPARTMENT`sUSEDl1{LY w',-"%.: tJ 5 . rz _E APPLICATION; ��Ci () 19$6 DMDEPT. OF PL� � x b= z s4° . r; t, I PLANNING Lry,ND USE E aAlCC }, r 84d� S�, t s r. r}83$yrS" x 'wrrr � "*DPWr " yvr Application I�C Ulo�(! ion No. f..K ^EEAD'tj'� t;,g' " r� DISCRETIONARY PERMIT APPLICATION FORM 0 y "' i''�.w 3'rj, ' 1 wt t y v w �, x� ' '' CODE '� FEE x APPLICATION is p T.1 s V �'> 0� r, MINOR USFPE1 MtTr 734 S , a s Cond:Amend OlS Dics: : T7 .,fit"'? 'ti 5k4 SE x��+R vc+.. ar,•b, ...#v e •-a- .c p v w 0`5° t' ROAD OFENING, 732 Fatplred� d c1 xs Legal � t r s a �•� z x Kxw Re lacement Lease 75t $ !/ti,l" VACAT{ON� 733" e a a a Revised ELP t X746" t , ? SITE:PLAN lam3�3 Y t 4 t A e sa ya c ♦A 1 ' t' X737` $ �s �° Fime,Eztenston. 7 *Agent `: v• r n t 4.y x "tt s UARIANGF rx 1 '; '75A S �t 4 {fiIF1Ue1 De2@r X e3� �66fy $R l r� t e�,-•* `x£Ainendment "y Y78�' *N Septtc#= �' ty tn., .+�e S rKt c�,,.w +aaz..ra+. �'" "''ts~TM� 4,1 ,,. ....,. �} X765,, .$ •.�„'.fix x u Fence •r.tt-.0 .u. SeWeru?y, 720' P Y �2 xYT�ry,�°r „eS"G t3 723, S x t :. :s Exp(red X760 ' aw, r s �� REZONE attic Schoot e: Z <y a ti Sr ,tz X r a k w�i OTHER s e, h Fife f' 7�, $ Syt:rt' t .�.�"4�;,}t•`'* '� �° Sn 2' Iiep{aCement,,,�,�"x� e'C } �r.qti x �5 •� �y+s+,. ,tk 3 5 ' i M"`i r ,� X72/ �� <s H• ' ,�„�,�'r� a �'y^i ,`��'-.ResrAmend r i �. s�'Y"x. .x� i L'.y M t _ .p' -»a,.n$ .c ..�<,. {,.,t . Wate#' .:.x r of r a r � Revised � .texi t.d kw a rtv.F ,.r. x,.e.n.+esW ,�w,n=.. ...e »a a.w A+ sw•. «+.r u 726 S' $7� A 3e r TtmeExtenslon t n , 0© t W, s r yI, y 1OTAL FEESic x t 3 .�-ry3' «1"x'� w 5 _ bepostt'requved, r APPLICANT—Please complete the following: O a Applicant.Name TRS Consultants Phone 619 j 458-0458 Applicant Address 9909 H u e n'h!?cFd fs'u"Yi!Innigfe'G'N�l r City SAN DIEGO State CA Zip 82121 z ' Engineer Name PASCO ENGINEERING (Wayne Pasco) Phone ( 619 j 433-8515 ..�' (Lan Firsc,Middle Initial or firm N�mel Engineer Address 2103 E1 Camino Real, Suite 1048 Oceanside State CA Zip 92054 City , ^Own ers Name DAN SHELLEY, et al. Phone ( 619 y 433-8515 .(Last,First Middle Initial or Firm Name) Owner Address c/o Pasco Eng as above -- City State Zip Project Name t'Et' Street Vacations Project Parcel No. 1q Q Tf QEA1! TO x.59- 2 Tax Rate Area 73075 .� l,F ,s� FIFTH S r . Project Address Between RaNCHO SANTA FE ROAD And ttFtt STRFFT - m (Straed (Street) DPLNo.346(4/851 r _ VA. 8-6 9 v M 121.r Hav �e ou had a pre-application meeting? [ ]Yes W No If Yes, name of Planner Has construction or use of the property for which this permit .s requested started? [ ]Yes [ l No If Yes, explain Yr f Fam able and intend to proceed with actual construction work and/or division of land in accordance with plans submitted j herein within�---�� months after approval. Q ' Si6Aature of Owner/Authorized Agent Date j (Attach letter of authorization) -z Please Print or Type Signator's Name PLEASE ATTACH A DESCRIPTION OF THE PROPOSED USE/PROJECT TO THIS APPLICATION. IF USE PERMIT, VARIANCE OR ADMINISTRATIVE PERMIT, ATTACH PROJECT DESCRIPTION Iw i TO SUPPLEMENTAL APPLICATION FORM. PRESENT PROPOSED fl FOR SUBDIVISIONS ONLY USE REGULATIONS Neighborhood Regs _ Note Waivers to: Section No. Density Subdivision Ordinance Lot Size • /t ES' Building Type Standard Conditions Maximum Floor Area ♦��� Floor Area Ratio V+ Height 6- ~ Lot Coverage — Planned Development Setback G- Open Space Special Area Regs I f Z FOR DEPARTMENT USE O/*NLY TYPE //4C- CASE Viii-` Sa ki' UNIT � M. THOMAS B.ROS PG Community Code/Jurisdiction Ly Census Tract No. I Project Description Fo h i /10f'rD V ATC.41 011 Use Class --� PDP/SP Name PDP/SP No. Regional Category C J Ar Community Plan e SAN A,P 1TD Plan Designation No.3 RE /D E T 14 L Supervisor District:o-- n -5 State Coastal [ ]Yes [ ]No Lots R0 C ~ Proposed Residential Units Attached Detached Multi Acres Zoning: Existing Proposed -,I - Related Case[ ]Yes [x]No Impact Report ( �f 4- Highway hwa i Linked to Rezone,OPA or SP case [ ]Yes'�No City g y Al-� Airport � .� r M, n Accepted By Date if 141/14.,f7 IV T 1, 7 ; g7- 5 CITY OF ENCINITAS 535 Encinitas Boulevard, Suite 100 is Encinitas, California 92024 (619) 944-5050 TO: '� Warren Shafer, City Manager FROM: Bill Weedman, Senior Planner MEETING DATE: June 8, 1987 r Vao Engineering, Road VAC 86-029, Pasc " - SUBJECT: ortions of "E Street and appl want for vacation of p Fifth Street. j rn I ]I DESCRIPTION: 1 Request to vacate excess right of way on "E" Street north of Fifth { Street and Fifth Street east of "E" Street. _ 3 RECOMMENDATION• '! Adopt the attached Resolution 87-50 which makes the necessary findings and approves the road vacation subject to condition. ( DISCUSSION: Reference is made to the attached letter of June 1, 1987 from Betty Regarding a perceived discrepancy in the testimony and outcome ; s Simm g of the BZA hearing and the City Council Hearing. Mrs. Simm asked that certain conditions regarding: O a. blacktop surface at 20 feet to City Standards; b. 8 foot clear dirt bridle path along the westerly side of "E" Street adjacent to blacktop palm at the Corner Q C. the protection of fifty y C. of "E" and 5th Streets; s. be added to the resolution approving the vacation. Staff has prepared a resolution which requires surfacing pursuant s` to standards. Mrs. Simm 's concerns regarding the riding and hiking trails will M be addressed as part of the circulation element trails a will be Plan. The location and improvement of i alon established during the adoption of the plan. Sufficient and hikingmtrails for riding the 56 foot right of way will remain since the pavement will only be 20 feet. The applicant did express in the hearing that every precaution will be taken to protect the 50 year old palms at 5th and "E" Stree ts. r m . BW/jc/CM1-177 a �? c . rn Yt �� _. • ...�. .... .... .., ..,_.....a...._«.:-.y:. ..i..�..q irnpT���AR�T'�.rR'1'C}a'1 r!1 1219 !' 7 ST CA l I� TPN\ lP�`�=l`� TAM i I 7OS/ I 3 1 _ .id i J ; i . I � vAc-86-oZ9 r pE. o82, k i r ! �e v . m 1220 �j LEGAL DESCRIPTION f r _ PARCEL 1 on s J1 A STRIP OF LAND 12.00 FEET IN WIDTH LYING WITHIN THE WESTERLY HALT^ OF "E" STREET IN THE COUNTY OF SAN DIEGO, STATE OF DTI ' CALIFORNIA ACCORDING TO MAP NO. 326, FILED IN THE OFFICE OF THE ` }! COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 8, 1885, THE WESTERLY LINE OF WHICH IS DESCRIBED AS FOLLOWS: , Sf ti y iF- BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF 6TH STREET AND E STREET THENCE ALONG THE CENTERLINE OF SAID 6TH STREET NORTH s. 73 1110011 WEST 28.00 FEET; THENCE PARALLEL WITH AND 28.00 FEET- WESTERLY, MEASURED AT RIGHT ANGLES FROM TO THE CENTERLINE OF SAID m ` G) "E" STREET NORTHERLY TO THE EASTERLY PROLONGATION OF THE 0 e, r, NORTHERLY LINE OF BLOCK 31 OF SAID MAP NO. 326. t. 0 rol s` rr m m v� rn. LEGAL DESCRIPTION PARCEL 2 u A STRIP OF' 'LAND 12.00 FEET IN WIDTH LYING WITHIN THE EASTERLY r HAL,&' OF "E" STREET IN THE COUNTY OF SAN llIEGO, STATE OF m CALIFORNIA ACCORDING TO MAP NO. 326, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 8, 1885, THE WESTERLY LINE OF WHICH IS DESCRIBED AS FOLLOWS: v I BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF 6TH STREET AND . E STREET THENCE ALONG THE CENTERLINE OF SAID 6TH STREET SOUTH { 73 11100" EAST 28.00 FEET; THENCE PARALLEL WITH AND 28.00 FEET 0 EASTERLY, MEASURED AT RIGHT ANGLES FROM THE CENTERLINE OF SAID m "E" STREET NORTHERLY TO THE CENTERLINE OI+' 7-TH STREET AS SHOWN ON Q t ! SAID MAP NO. 326 . z � �r II rn r 3 v 1 _ a 122; LEGAL DESCRIPTION Ft a{ PARCEL 3 ; 0 tj A STRIP OF LAND 12.00 FEET IN WIDTI4 LYING WITHIN THE WESTERLY HALF OF "E" STREET IN THE COUNTY OF SAN DIEGO, STATE OF m CALIFORNIA ACCORDING TO MAP NO. 326, FILED IN THE OFFICE OF THE t' COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 8, 1885, THE EASTERLY LINE OF WHICH IS DESCRIBED AS FOLLOWS : BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF 6TH STREET AND E STREET THENCE ALONG THE CENTERLINE OF SAID 6TH STREET NORTH 73 11'00" WEST 28,00 FEET; THENCE PARALLEL WITH AND 28.00 FEET rn WESTERLY, MEASURED AT RIGHT.' ANGLES FROM THE CENTERLINE OF SAID "E" STREET SOUTHERLY TO THE EASTERLY PROLONGA'PION OF THE /off j NORTHERLY LINE OF BLOCK 21 AS SHOWN ON SAID MAP NO, 326. j! h i, ir 1 S { f i r ; m. �s P r 1223 i LEGAL DESCRIPTION i PARCEL 4 A STRIP OF LAND 12.00 FEET IN WIDTH LYING WITHIN THE WESTERLY r1 HALF OI' "E" STREET AND ADJACENT TO THAT LAND DESCRIBED IN DEED TO i DANIEL H. WIEGAND, RECORDED AUGUST 11, 1981 AS FILE NO. 81- I 254287, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING THE NORTH ONE QUARTER OF BLOCK 27, IN THE COUNTY OF SAN DIEGO, { STATE OF CALIFORNIA ACCORDING TO MAP NO. 326, FILED IN THE OFFICE v� r' OF THE COUN'T'Y RECORDER OF SAN DIEGO COUNTY, JULY 8, 1885, THE WESTERLY LINE OF' WHICH IS DESCRIBED AS FOLLOWS: I � v a i BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF 6TH STREET AND m l E STREET THENCE ALONG THE CENTERLINE OF SAID 6TH STREET NORTH 73 11'00" EAST 28.00 FEET; THENCE PARALLEL WITH AND 28.00 FEET O AS+PERLY, MEASURED AT RIGHT ANGL);S FROM THE CENTERLINE OF SAID ' "E" STREET SOUTHERLY 'PO THE WESTERLY PROLONGATION OF THE SOUTH LINE OF SAID WIEGAND LAND. f 5! r m �i v : m µ Y i 1224 LEGAL DESCRIPTION o4'. � PARCEL 5 A STRIP OF 'LAND 9.00 FEET IN WIDTH LYING WITHIN THE WESTERLY m HALF OF "E" STREET IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP NO. 326, FILED IN THE OFFICE OF THE v COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 8, 1885, THE WESTERLY v LINE OF WHICH IS DESCRIBED AS FOLLOWS: f BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF 6TH STREET AND E STREET THENCE ALONG THE CENTERLINE OF' SAID 6TH STREET SOUTH 0 m i 73 11100" EAST 31.00 FEET; THENCE PARALLEL WITH AND 31.00 FEET f � EASTERLY, MEASURED AT RIGHT ANGLES FROM THE CENTERLINE OF' SAID "E" STREET SOUTHERLY TO THE PROLONGATION OF THE SOUTH LINE OF !. ... ,o THAT LAND DESCRIBED IN DEED TO DANIEL H. WIEGAND, RECORDED AUGUST 1 11, 1981 AS FILE NU. 81-259287 IN THE COUNTY OF SAN DIEGO, STATE � Z OF CALIFORNIA, TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING PARALLEL WITH AND 31.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES ii FROM THE CENTERLINE OF' SAID "E" STREET SOUTHERLY 503.10 FEET. _rn rn t Z: � I 'p a i 1225 LEGAL DESCRIPTION PARCEL 6 ' _n A STRIP OF LAND 40.00 FEET IN WIDTH BEING THE NORTHERLY HALF OF 5TH STREET ADJACENT TO BLOCK 26 IN THE COUNTY OF SAN -=EGO, STATE OF CALIFORNIA ACCORDING TO MAP NO. 326, FILED IN THE OFF1cE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 8, 1885. li Z. cv A� � O o U C . rn m • f � 6v y226, s n LEGAL DESCRIPTION PARCEL 7 n i i A STRIP OF LAND 40.00 FEET IN WIDTH BEING THE SOUTHERLY HALF OF' i 5TH STREET ADJACENT TO BLOCK 21 IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP NO. 326, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 8, 1885. r tt t i` �i ?� O i �a r . r m C olY