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1999-007CITY OF ENCINITAS COMMUNITY DEVELOPMENT DEPARTMENT 505 So. Vulcan Avenue Encinitas, CA 92024 (760) 633-2710 NOTICE OF DECISION DCD 99-07 February 22, 1999 9M Ai T qf'l 1 Deeisien has been ._liyl~ _ ..J`a t "fi"rt ehang~ t fi 7't Gea'e. This letter is to inform you that the Director of Community Development has approved the application for: 98-139 TPM/MIN/EIA (Oakley): Tentative Parcel Map, Minor Use Permit and Environmental Initial Assessment to create a four lot subdivision with a remainder parcel for a 11.37+/- acre property located towards the southerly end of Wildflower Drive and southwest of Wildflower Estates. (Portions of APN 264-091-16,17,19). Project Description and Discussion: The proposed project is the subdivision of an 11.37+/- acre parcel known as the "Oakley property". The project site is located in a semi- rural section of Olivenhain. The site consists of gently sloping topography that has historically been cleared and used for animal grazing and horse-related functions. The project area was part of Boundary Adjustment application involving 7 legal lots (97-131 BA, Mayo, et al) that was approved by the Community Development Department on July 18, 1997. The tentative parcel map and minor use permit would create lots with the following lot sizes: Parcel Lot Size/Gross Lot Area/Net Parcel l 2.72/acres 2.70/acres Parcel2 2.05/acres 1.95/acres Parcel3 3.18/acres 2.66/acres Parcel 4 1.63/acres 1.36/acres Remainder 1.79/acres 1.64/acres The applicant has designed the project to utilize lot area averaging in order to create lots with usable pads outside the existing constraints, which include sloping topography and Cm/U98939TPM.DCD 1 the Escondido Sewer Outfall easement. The underlying zoning, which is Rural Residential, calls for minimum lot sizes of 2 acres. Pursuant to Municipal Code Section 30.16.020 A(1), lot area averaging for subdivisions creating four (4) or fewer lots in a residential zone may be approved pursuant to a minor conditional use permit. This proposed subdivision yields an average lot size of 2.06 acres. The applicant will dedicate and improve a 10'-wide recreational trail easement adjacent to Wildflower Valley Drive that will be consistent with the City's adopted Interim Recreational Trails Standards. An Environmental Initial Assessment and Negative Declaration has been prepared for the City of Encinitas by the environmental consulting firm of Englehorn & Associates. According to the Initial Study, the project could not have a significant effect on the environment. Therefore, a Negative Declaration will be prepared. The applicant has submitted service availability letters indicating that all required services are available for the project site. A standard 300 ft. / 100 ft. radius public notification was issued, with minimal comments being received by the community. No letters of concern or objection were received by Planning staff. FINDINGS Tentative Parcel Man: This approval is subject to the following findings for Tentative Parcel Map. 1. That the proposed map is consistent with applicable general and specific plans as specified in Section 65451 of the Subdivision Map Act since the project is in conformance with the General Plan designation (RR) for the site and no Specific Plan is applicable. 2. That the design or improvement of the proposed subdivision is consistent with applicable general and any specific plans since the project is in conformance with the General Plan designation (RR) for the site. 3. That the site is physically suitable for the intended residential type of development because in terms of lot size, shape, setbacks and access the subdivision will adequately accommodate existing future development of single family dwellings. 4. That the site is physically suitable for the proposed density of development since the subdivision will conform to the density limitations of the RR Zone. Cmld98139TPM. DCD 2 5. That the design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The project consists of a minor subdivision within an urbanized area. No significant natural resources are present on the site. 6. That the design of the subdivision or type of improvements is not likely to cause serious public health problems, since documentation has been obtained stating that necessary services and utilities shall be available for the site. 7. 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. A review of title information did not show any easements on or adjacent to the property, which would be adversely impacted by this application. 8. The subdivision conforms to all the provisions of the Municipal Code including project density, lot size and lot dimensions, as per the information submitted in the subject application. FINDINGS FOR A USE PERMIT STANDARD: In accordance with Section 30.74.070 of the Municipal Code, a use permit application shall be approved unless findings of fact are made, based upon the information presented in the application or during the hearing, which support one or more of the following conclusions: 1. The location, size, design or operating characteristics of the proposed project will be incompatible with or will adversely affect or will be materially detrimental to adjacent uses, residences, buildings, structures or natural resources, with consideration given to, but not limited to: a. The inadequacy of public facilities, services and utilities to serve the proposed project; b. The unsuitability of the site for the type and intensity of use or development which is proposed; and c. The harmful effect, if any, upon environmental quality and natural resources of the city; Facts: The applicant is proposing a four-lot subdivision with a remainder parcel. As part of this application, the applicant proposes lot area averaging to create lots that are smaller CMA198139TPM. DCD 3 than 2 acres in size. Pursuant to Section 30.16.020 of the Municipal Code, lot area averaging may be proposed and approved through the minor use permit process. Discussion: This proposal will create parcel sizes that range from 1.36 acres/net to 2.98 acres/net. The average lot size will be 2.06 acres which is greater than the 2-acre minimum lot size for the RR zone. This proposal is compatible with the approved subdivision to the north (Wildflower Estates) which also utilized lot area averaging. Lot sizes in the Wildflower Estates subdivision were approved ranging from 1.5 acres to 2.1 acres. The grading of the parcels proposed for this development will be in substantial conformance with similar estate type lots in the vicinity. Conclusion: The proposed project will be compatible with adjacent large-lot, custom- home developments and subdivisions. Public services will be available for this subdivision. Average lot size will be greater than the two acre minimum lot size required in the RR zone, which is ample area to site a single-family custom home and accessory structures. The pattern of future development will be consistent with adjacent land uses in terms of intensity, grading and density and no harmful effects on the environment or natural resources will occur from this project. 2. The impacts of the proposed project will adversely affect the policies of the Encinitas General Plan or the provisions of the Municipal Code; and 3. The project fails to comply with any other regulations, conditions, or policies imposed by the Municipal Code. Facts:. Pursuant to Chapter 30.16.020 of the Encinitas Municipal Code, a minor residential subdivision is permitted by right in the RR zone while lots designed for residential use may be smaller than that allowed by the underlying zoning with the approval of a minor use permit for lot area averaging. Discussion: The Community Development Department has conducted an analysis of the application and has not identified any significant adverse impacts that could result from the proposed use. A standard public notification was issued, and no negative comments were received by the community. The project has been designed around the policies of the General Plan and development regulations contained in the Zoning Ordinance. The slope analysis presented with the application indicates areas of potential grading that are shown on the slope analysis as being in excess of 25% slope. A visual review of the contour lines on the tentative parcel map and a review of the site in the field indicates that the areas shown in excess of 25% are not excessively steep. Also, a slope analysis calculation sheet prepared and certified by the project engineer indicates that the Cm1i198139TPM. DCD 4 encroachment into the over 25% slope area is less than 10% which is consistent with Municipal Code Section 30.34.030B. Conclusion: Based on Community Development Department analysis, the project has been designed not to create any significant environmental impacts nor will the project adversely affect the policies of the Encinitas General Plan or the provisions of the Encinitas Municipal Code. Environmental Review: The City of Encinitas, having consulted with Englehorn & Associates, has completed an Initial Study of this project in accordance with the City's CEQA Guidelines for the purpose of determining whether the proposed proj ect might have a significant effect on the environment. That Study has determined that the project could not have a significant effect on the environment, therefore, a Negative Declaration has been prepared. CONDITIONS This approval is subject to the following conditions: SCI SPECIFIC CONDITIONS: SC4 Approval of the Tentative Parcel Map and all associated permits will expire on February 22, 2001, at 5:00 PM, two years after the approval of this project, unless the conditions have been met or an extension of time has been approved pursuant to the Municipal Code. SC5 This project is conditionally approved as set forth on the application dated received by the City on June 3, 1998, and Tentative Parcel Map dated received by the City on December 30, 1998, consisting of 1 sheet, designated as approved by the Community Development Department on February 22, 1999, and shall not be altered without express authorization by the Community Development Department. SCA Prior to recordation of the parcel map, the applicant shall cause the property to be annexed to the Cardiff Sanitation District to the satisfaction of the Director of Engineering Services. HIA76 T his r-ejeet has been idei4ified as h i t ti l i t fi h W ildlif - p av ng a po en a mpae on s an er- w e therefore, nt to S 'etiRn 7-11.4 of the State Fish an L lam: d Game Code, t l ' ,o +I, , submit to + :„itas negotiable eheek the amount of $1,275.00 if +1' pr-eject eludes a-Negative Teel"r-atio , or- a-eheek in rr-- reje ludesan Em,ir-e + + 4 t + of - the - mir6mzc - Th a -r~r $875.00 if t b S p c2p9i . e purpose-o r a eve tate CM1Y98139TPM. DCD 5 established fee is to defra the eest of mana i d t ti fi h d ildlif y ,,.>1ie ma l.,metedb evelo me g ng an pr-e ee ng s an w e r-esE)Uf Th h k d A t th G y p y o re Gle1=k of San Die t -be suhm - e-e ee , ma p e p e- e e eMnty ht d i t th f th d 4h d f li g fi the Cit 's aetion Failufe to submit a ne e pr or- o e e en o ay o o _ ti bl y . go irA beeome null and void the a e ` J S o three-or- atther-ized notiee-of exem ti ad d i i 11 S' ti 4. NO OTNE BUILDING PEPAUTS O OR ENTIT p ons s pr-ev e n . ee on- 3AgT T BE PROCESSED `D LINT! LEMENTS E 1u,111 V V i 11 Li\ TT41S CONDITION IS SAT-19F119D G1 STANDARD CONDITIONS: CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): G5 Approval of this request shall not waive compliance with any sections of the Municipal Code and all other applicable City regulations in effect at the time of Building Permit issuance unless specifically waived herein. G13 The applicant shall pay development fees at the established rate. Such fees may include, but not be limited to: Permit and Plan Checking Fees, Water and Sewer Service Fees, School Fees, Traffic Mitigation Fees, Flood Control Mitigation Fees, Park Mitigation Fees, and Fire Mitigation/Cost Recovery Fees. Arrangements to pay these fees shall be made prior to Final Map approval/building permit issuance to the satisfaction of the Community Development and Engineering Services Departments. The applicant is advised to contact the Community Development Department regarding Park Mitigation Fees, the Engineering Services Department regarding Flood Control and Traffic Fees, applicable School District(s) regarding School Fees, the Fire Department regarding Fire Mitigation/Cost Recovery Fees, and the applicable Utility Departments or Districts regarding Water and/or Sewer Fees. M1 This approval may be appealed to the City Council within 10 calendar days from the date of this approval pursuant to Chapter 1.12 of the Municipal Code. M2 All project grading shall conform with the approved Tentative Map or Tentative Parcel Map. In cases where no grading is proposed at the time of the Tentative Map/Tentative Parcel Map, or in cases where the grading plan later submitted is not consistent with the approved Tentative Map/Tentative Parcel Map, the applicant shall be required to obtain a design review permit for grading prior to issuance of grading permits. M4 The property owner/developer shall obtain design review permits through the City for homes to be constructed on the lots resulting from the approved map, as well as all related CMA198139TPM. DCD 6 site improvements. If the property owner/developer elects to develop the lots resulting from the approved final map as custom homesites, the design review permit requirement may be waived by the Community Development Department pursuant to Section 23.08.030 (7) of the Municipal Code. The property owner/developeris advised to contact the Community Development Department at such time as development of the subject property is planned to determine whether a design review permit will be required. A standard covenant specifying this condition shall be recorded in the Office of the County Recorder to give constructive notice to future purchasers of the site. M6 Street names shall be approved by the City prior to the recordation of the final map, and street addresses shall be provided by the Community Development Department prior to the issuance of building permits. MT The applicant shall dedicate and improve a 10'-wide recreational trail easement commencing at a point approximately 40' easterly of the northwest corner of Parcel 4, then southerly for a distance of approximately 20', then westerly for a distance of approximately 295' to the subdivision boundary. Trail improvements shall meet the City's adopted Interim Recreational Trails Standards. F1 FIRE CONDITIONS: CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): F2 ACCESS ROADWAY DIMENSIONS: Fire apparatus access roadways shall have an unobstructed paved width of not less than 24 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches. EXCEPTION: Access to one (1) single family residence shall not be less than 16 feet of paved width. F4 TURNAROUNDS: All dead-end fire access roadways in excess of 150 feet in length and serving more than four (4) dwelling units shall be provided with a cul-de-sac. The cul-de-sac radius for public streets shall comply with city road standards. Streets constructed to private road standards where a turnaround is required shall have a cul-de- sac with a paved radius of not less than 36 feet. Cul-de-sacs in commercial projects shall comply with City road standards. Alternate types of turnarounds may be considered by the Fire Chief as needed to accomplish the purpose of the Fire Code. F5 GRADE: The gradient for a fire apparatus roadway shall not exceed 20.0%. Grades exceeding 15.0% (incline or decline) shall not be permitted without mitigation. Minimal mitigation shall be the installation of automatic fire sprinkler systems for structures accessed by such a roadway. Cmf1198139TPM. DCD 7 F7 RESPONSE MAPS: Any development that by virtue of new structures necessitates fire hydrants, roadways, or similar features, shall be required to provide a map in a format compatible with current Department mapping services, and shall be charged a reasonable fee for updating all Fire Department response maps. F8 COMBUSTIBLE MATERIALS: Prior to the delivery of combustible materials on the project 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 a permanent all-weather surface for emergency vehicles. Said access shall be maintained to the satisfaction of the Fire Department. F9 POSTING OF ROADWAYS: Emergency access roadways when required shall be properly identified as per Fire Department standards. F10 OBSTRUCTIONS (ACCESS ROADWAYS): All traffic lanes shall be a minimum of 24 feet in width during construction and shall be maintained clear and free of obstructions during construction in accordance with the Uniform Fire Code. F11 FIRE HYDRANTS & FIRE FLOWS: The applicant shall provide fire hydrants of a type, number, and location satisfactory to the Encinitas Fire Department. A letter from the water agency serving the area shall be provided that states the required fire flow is available. Fire hydrants shall be of a bronze type. A two-sided blue reflective road marker shall be installed on the road surface to indicate the location of the fire hydrant for approaching fire apparatus. F12 FUEL MODIFICATION ZONES: The applicant shall provide and maintain fire/fuel breaks to the satisfaction of the Encinitas Fire Department. F13 ADDRESS NUMBERS: Address numbers shall be placed in a location that will allow them to be clearly visible from the street fronting the structure. The height of the address numbers shall conform to Fire Department Standards. F14 ADDRESS NUMBERS FOR STRUCTURES LOCATED OFF ROADWAY: Where structures are located off a roadway on long driveways, a monument marker shall be placed at the entrance where the driveway intersects the main roadway. Permanent address numbers with height conforming to Fire Department standards shall be affixed to this marker. F15A AUTOMATIC FIRE SPRINKLER SYSTEM - SINGLE-FAMILY DWELLINGS AND DUPLEXES: Structures shall be protected by an automatic fire sprinkler system Cm/1198139TPM. DCD 8 installed to the satisfaction of the Fire Department. Plans for the automatic fire sprinkler system shall be approved by the Fire Department prior to issuance of building permits. E1 ENGINEERING CONDITIONS: CONTACT THE ENGINEERING SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): E2 All City Codes, regulations, and policies in effect at the time of building/grading permit issuance shall apply. EG1 Grading Conditions EG2 No grading permits shall be issued for this subdivision prior to recordation of the final map. EG3 The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. EG5 No grading shall occur outside the limits of the project unless a letter of permission is obtained from the owners of the affected properties. EG6 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. EG7 All newly created slopes within this project shall be no steeper than 2:1. EG8 A soils/geological/hydraulic report (as applicable) shall be prepared by a qualified engineer licensed by the State of California to perform such work. Such report shall be submitted and approved Prior to final map approval/Prior to building permit issuance/At first submittal of a grading plan, as applicable. EG9 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 Engineering Services Director for the proposed haul route. The developer shall comply with all conditions and requirements the Engineering Services Director may impose with regards to the hauling operation. EG10 In accordance with Section 23.24.370 (A) of the Municipal Code, no grading permit shall be issued for work occurring between October 1 st of any year and April 15th of the cmh198139TPM. DCD 9 following year, unless the plans for such work include details of protective measures, including desilting basins or other temporary drainage or control measures, or both, as may be deemed necessary by the field inspector to protect the adjoining public and private property from damage by erosion, flooding, or the deposition of mud or debris which may originate from the site or result from such grading operations. ED1 Drainage Conditions ED2 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 Engineering Services Director. The basins and erosion control measures shall be shown and specified on the grading plan and shall be constructed to the satisfaction of the Engineering Services Director 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 Engineering Services Director. The developer shall maintain the temporary basins and erosion control measures for a period of time satisfactory to the Engineering Services Director and shall guarantee their maintenance and satisfactory performance through cash deposit and bonding in amounts and types suitable to the Engineering Services Director. ED3 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 Engineering Services Director to properly handle the drainage. ED5 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 Engineering Services Director. ED6 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/any grading or building permit for this project. ED7 Concentrated flows across driveways and/or sidewalks shall not be permitted. ED8 The drainage system shall be designed to ensure that runoff resulting from a 100-year frequency storm under developed conditions is equal to or less than the runoff from a CmfI198139TPM. DCD 10 storm of the same frequency and duration under existing conditions. Both 6 hour and 24 hour storm durations shall be analyzed to determine the detention basin capacities necessary to accomplish the desired results. ES 1 Street Conditions ES2 A registered Civil Engineer or a licensed land surveyor shall provide a signed statement that: "The existing private roads of access to the project are within the easements for the benefit of the land division". ES3 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/site development plan. The offer shall be made by a certificate on the Final Map/prior to issuance of any building permit 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. ES4 Reciprocal access and/or maintenance agreements shall be provided ensuring access to all parcels over private roads, drives or parking areas and maintenance thereof to the satisfaction of the Engineering Services Director. ES6 In accordance with Chapter 23.36 of the Municipal Code, the 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. ES8 The design of all private streets and drainage systems shall be approved by the Engineering Services Director prior to approval of the Final Map/issuance of any grading or building permit for this project. The structural section of all private streets shall conform to City of Encinitas Standards based on R-value tests. The standard improvement plan check deposit is required. ES9 Some improvements shown on the Tentative Map and/or required by these conditions are located offsite on property which neither the City nor the subdivider has sufficient title or interest to permit the improvements to be made without acquisition of title or interest. The subdivider shall conform to Municipal Code Section 24.16.070 regarding offsite improvements and acquisition of property interest. EU 1 Utilities Cm1U98139TPM. DCD 11 EU2 The developer shall comply with all the rules, regulations and design requirements of the respective utility agencies regarding services to the project. EU3 The developer shall be responsible for coordination with S.D.G. & E., Pacific Telephone, and other applicable authorities. EU4 All proposed utilities within the project shall be installed underground including existing utilities unless exempt by the Municipal Code. EU5 The developer shall be responsible for the relocation and undergrounding of existing public utilities, as required. EU7 The design of the division of land shall provide each cable operator an opportunity to construct, install and maintain, on land identified on the map as dedicated to public utility use, any equipment necessary to extend cable television services to each residential parcel in the subdivision. This conditions shall not apply to the conversion of existing dwelling units to condominiums, community apartments, or stock cooperatives. EU8 Subject to all applicable Federal and State laws, statutes and regulations, in the event of multiple cable communication operators desiring to serve new residential developments in which the electric power and telephone utilities are underground, the following procedure shall apply with respect to access to and utilization of underground easements: (a) The developer shall be responsible for contacting and surveying all franchised cable operators to ascertain which operators desire to provide cable television service to the development. The developer may establish a reasonable deadline to receive responses from cable operators. The final tract map shall indicate the cable operator(s) that have agreed to serve the development. (b) If one or more cable operators wish to provide service, they shall be accommodated in the joint utilities trench on a nondiscriminatory shared basis. (c) The developer shall provide at least (10) working days notice of the date that the utility trenches will be open to the cable operators that have agreed to serve the development. (d) Sharing the joint utilities trench shall be subject to compliance with Public Utilities Commission and utility standards. If such compliance is not possible, or if three (3) or more operators desire to provide service to the CMA198139TPM.DCD 12 development, the developer shall provide a separate trench for the cable television cables, with the entire cost shared among the participating cable operators. With the concurrence of the developer, the affected utilities and the cable television operators, alternative installation procedures, such as the use of deeper trenches, may be utilized, subject to the applicable law. (e) Any cable operator wishing to serve an area where the trenches have been closed shall be responsible for separate trenching and associated costs; provided that if the cable operator was not provided timely written notice of the availability of such trenches, the developer shall reimburse the operator for such costs. EMI Man EM3 This project is approved specifically as 1 (single) phase. EM4 This subdivision contains a remainder parcel. No building permit shall be issued for the remainder parcel until it is reviewed and approved pursuant to the provisions of Title 24 of the Encinitas Municipal Code. This note shall be placed on the final map. In accordance with the provisions of Municipal Code Chapter 1. 12, this decision may be appealed to the City Council within ten (10) calendar days of the date of this determination. The appeal must be filed, accompanied by a $100.00 filing fee, prior to 4:00 PM on the 10th calendar day following the date of this notice of decision. This notice constitutes a decision of the Community Development Department only. Additional permits, including Building Permits, may be required by the Building Department or other City Departments. It is the property owner or applicant's responsibility to obtain all necessary permits required for the type of project proposed. If you have any questions regarding this determination, please contact Chris Miller at the Community Development Department by telephoning (760) 633-2718. r 7a~ndral-lolder Community Development Director Cml198139TPM.DCD 13