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1999-645227 ~ ~\ . . ". DOC # 1999-0645227 J 7294 SEP 21~ 1999 3:56 ŒFICIIt. REID III DIEOO 00Jf1Y RmIIER'S ŒfIŒ. GlORY J. SMITH, 00Jf1Y REIIRŒR FEES: 0.00 PM RECORDING REQUESTED BY: San Diego County LAFCO AND WHEN RECORDED MAIL TO: LAFCO - MS A216 -- 1 "8-0845227 THIS SPACE FOR RECORDER'S USE ONLY Certificate of Completion "Newcrest Homes Annexation" to Cardiff Sanitation District (DA99-12) (Please fill in document title(s) on ab.ove line(s) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION 6/94 Rec. Form #R25 .,. . . . ". 7295 , J . SAN DIEGO COUNTY LOCAL AGENCY FORMATION COMMISSION CERTIFICATE OF COMPLETION Please retum to: LAFCO MS A216 . "Newcrest Homes Annexation" to Cardiff Sanitation District (DA99-12) Pursuant to Government Code Sections 57200 and 57201, this Certificate is hereby issued. The name of each city and/or district included in this change of organization/reorganization, all located within San Diego county, and the type of change of organization ordered for each city and/or district are as follows: ~ Cardiff Sanitation District Type of..c.hange of Organj¡atjgn Annexation A certified copy of the resolution ordering this change of organization/reorganization without an election, or the resolution confirming an order for this change of organization/reorganization after confirmation by the voters is attached hereto and by reference incorporated herein. A legal description and map of the boundaries of the above-cited change of organization/reorganization are included in said resolution. The terms and conditions, if any, of the change of organization/reorganjzation are indicated on the attached form. ,. hereby certify that I have examined the above-cited resolution for a change of organization/reorganization, and have found that document to be in compliance with the Commission's resolution approving said change of organization/reorganization. I further certify that (1) resolutions agreeing to accept a negotiated exchange of property tax revenues for this jurisdictional change, adopted by the local agencies included in the negotiations, have been submitted to this office, or (2) a master property tax exchange agreement pertinent to this jurisdictional change is on file. .. . MICHAEL D. TT Executive Officer Da~e: September 16, 1999 '" . .. .- ". 7296.X I [lAlF C(Q) San Diego Local Agency Formàtion Commission Chainun SIU Horn County Board of. Supervisors Viee Chairwoman Julianne NJpanI CounciIm8rnber, CIty of CarIsbad Members Dianne Jacob county. Board of Supervisors Patty. Davia Councllmember, City of Chuta VISta Hany Mathis Councilrnember. CIty of San Diego Dr. LHlian M. Childs Helix Water District Ronald W. Wootton Vista Fire Protection District Andrew L. Vanderlaan Public Member Alternate Members Greg Cox County Board of Supervisors Mary Teresa S..som Mayor, City of Lemon Grove Juan Vargas CouncilmemÞer, City of San Diego Suet Pocklington South Bay Irrigation Distrid <;;uy W. Winton III Public Member Executive Officer Michael D, Ott Counsel John J, Sansone 1600 Pacific Highway. Room 452 San Diego, CA 92101 . (619) 531-5400 Website: www.sdlafco.com CERTIFICATE RE: TERMS AND CONDITIONS AND INDEBTEDNESS Subject: IINewcrest Homes Annexation- to the Cardiff Sanitation District (DA99-12) , Certain tenns and conditions are required by the Local Agency Fonnation Commission to be. fulfilled prior to the completion of the above-named change of organization. I-.Jp nr1" t€r H. S"", it£-¡ (Name) ..t1 a M'l J Cr.;) '" f A.a!;:~J ~ s + do hereby certify that the tenns and conditions listed below have been fully met. 1. Payment by the property owner of District annexation fees and State Board of EqualiZation charges. Wall the affected property be taxed for any existing bonded indebtedness or contractual obligation? . Yes - No L If yes, specify. 1 P ., - t sign~~re '~:"7-4 " ý / ;;; 7 (9<:] Date ./.". ., . . '. 7297 ". I . RESOLUTION NO. 99-20 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARDIFF SANITATION DISTRICT ANNEXING TERRITORY TO WmCH OWNERS HAVE CONSENTED "NEWCREST HOMES ANNEXATION" WHEREASt pursuant to the Cortese-Knox Local Government Reorganization Act of - . 1985 (Govt Codet Section 5600 et seq.) preliminary proceedings were commenced by resolution of application by this Board on March 24, 1999t as Resolution No. 99-08, for annexation to the Cardiff Sanitation District (thereafter referred to as the District) of certain tenitory therein described. which description has been modified pursuant to the directions of the Local Agency Fonnation Commission; and WHEREAS. the annexation proposed by said resolution of application was presented to and approved by the Local Agency Formation Commission of San Diego County on July 15. 1999 and this District was designated as the conducting District and authorized by resolution of order said annexation without notice or hearing and without an election pursuant to Government Code. Section 56837; NOW. THEREFORE, IT IS RESOLVED, ORDERED AND DETERMINED, pursuant to Government Code Section 57025 et seq.; a. The manner in which and by whom preliminary proceedings were- commenced . was by resolution of application by this Board as stated above. b. The tenitory to be annexed has been designated DA 99-12 by the Local Agency Formàtion Commissio~ and the exterior boundaries of such tenitory are as hereinafter described. c. ,The territory proposed to be annexed is uninhabited and will be benefited by such annexation as described in Health and Safety Code Section 4830. d. The reasons for the proposed annexation as set forth in the resolution of application refeITed to above are: 1. The District is. empowered to and is engaged in furnishing sewage disposal facilities. The tenitory proposed to be annexed"to said District is developed and/or proposed to be developed and.used for residential and/or commercial purposes and provision for sewage disposal facilities for said tenitory is essential for such purposes. 2. (. .,. . " 7298 ". J . e. The terms and conditions of the proposed ~exation are: Payment of State Board of Equalization fees. f. All the owners of land within such territory have given their written consent to such annexation, as provided in Government Code, Section 56837; and therefore, as approved and authorized by the Local Agency Formation Commission, this Board may adopt its resolution ordering the annexatio~ without notice and hearing and without an election, as provided in Government Code, Section 57002. g. The regular County assessment role will be utilized and the affected territory will not be taxed for existing bonded indebtedness. IT IS FURTHER RESOLVED AND ORDERED that pursuant to Government Code Section 57002, the following described incorporated tenitory in the City of Encinitas, State of California, be and it hereby is annexed to and made a part of the Cardiff Sanitation District. IT IS FURTHER ORDERED that the Clerk of this Board immediately transmit a certified copy of this resolution along with a remittance to cover the fees ~uired by the Government Code Section 54902.5 to the Executive Officer of the local Agency Formation Commission of San Diego County, so that the Executive Officer may make the filings required by Chapter 8 (commencing with Section 57200), Part 5, Division 1, Title 6 of the Government Code and by Chapter 8 (commencing with Section 54900), Part 1, Division 2, Title 5 of the Government Code. PASSED AND ADOPTED this 25th day of August, 1999 by the following vote, to wit: AYES: Bond, Cameron, DuVivier, Holz, Guerin NAYS: None ABSENT: None ABSTAIN: None .. ATTEST: ~Q.~, -~C'Q",,---. Deborah Cervone, Clerk of the Board -- Christy Gu' . of the Board Cardiff Sanitation District I, Dår8h CIrvone, CIty CIerII oIlht City crt &ftc:InIIIIt CIIIIomIe do heI8Þy .., i8IdIrl*tllY of PIIÞ1- tha Ibove ani ~ .. . true ... --'., rJ 1l1li docum8Î on .. In....,.... 1n",,-...aI, I hlv811t."" tMt ~ ... _II ~- lI1I8cila-.,ot t ~ DeIIcntI CIrvone, cay CIIIIc ~ - " " '" . " I I .,. I: I I I ~,I ~ to:) /Jo ~I I I I , IQ I ~~. Co4-. I/..! I NW~ 6(:' 5e~ T , MELBARD I P.r>.8. .L.' .. . -',t - - - - - . ------------ --------Ã~ -ã----- . ~~ I l~ I I~ I"ii!! -..... 9 ¡ ~ ~.I ~ ',' ,JUL .1 2 1999 c: =; u C) <' =. . C) <I " " .. I WESTLAKE ST RIQUEZA ST - -- -- POR NWI/4 OF SEI/4 ~ -t SEC. IS, T13S, R4W, SBBM. l .¡/~" . '~.77 , ~ ~ "":,~.~ ~.Sf:'E ~.t¥ 6. Ð. ¡(.p. ,."... ,D ..vø.:.-- $¡;-r.- ~~ø $~'H1 NÞ-&S'4" I I I I 1'!1 ~, I~ ø=; " 0' :~ ~; , z' , I I DATE: 4-~!J-'~ DPPI:IIG DI:V¡SIOB . '. . sur DI:BsO COUftY USU80R' S OPl'ICB SCALB: I"~::: 2DO ' '!RA ..PAGE: L. e> SSW UtA: I!fo 78 DDD BY:,I/I, XH ¿),f/!,II!. NEWCREST HOMES ANNEXATION TO'. CARDIFF"SANITATION DISTRICI'; . .. LU'CO: Z>ð9J)-/2.. un: .' 7, 5/ A~ PG. 110: 8C-1 2~8-Z I-OS B/L: -'lS2-Þ- 4. DOKM ATTACHMENT 4 . . , ". J 7300 , DA99-23' . NEWCREST HOMES ANNEXA nON TO CARDIFF SANIT A nON DISTRICT ALL THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTl6N 15, TOWNSHIP 13 SOU'I1l, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF ENCINlTAS, COUNTY OF SAN DIEGO, STATE OF êALIFORNlA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, APPROVED APRIL 19, 1881, LYING WITHIN THE FOLLOWING DESCRIBED BOUNDARIES: , BEGINNING AT THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER; 1. THENCE ALONG THE EAST LINE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER, NORTH 01 ó13'OO" EAST, 330.00 FEET; 2. THENCE SOUTH 89°55'00" WEST PARALLEL WITH THE SOUTH LINE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER, A DISTANCE OF 660.00 , FEET; - - '-', ,- 3. THENCE NORTH 01 °25'00/' EAST, 250.00 FEET TO THE TRUE POINT OF BEGINNING; 4. THENCE NORTH 89°55'00" EAST, 50.00 FEET; 5. THENCE NORTH 01 °25/00" EAST, 80.00 FEET TO THE NORTHERLY LINE OF THE LAND CONVEYED TO M. G. WOODWARD BY DEED DATED APRIL 16,1929 AND RECORDED IN BOOK 1609., P AG~ ,499 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; . 6. THENCE ALONG THE NORTHERLY LINE OF SAID WOODWARD'S LAND, NORTH 89°55'00" EAST, 345.86 FEET; 7. THENCE LEAVING SAID NORTHERLY LINE, NORTH 01 °13'00" EAST, 331.00 FEET TO A POINT IN THE SOUTH LINE OF THE LAND DESCRIBED IN THE DEED TO ARCHIBALD JENNINGS MATHER AND WIFE, DATED JUNE 4, 1930, RECORDED IN BOOK 1777, PAGE 481 OF DEEDS OF SAID COUNTY; EXHIBIT A PAGE 1 OF 3 ',. , .' , ATTACHMENT 2 , . " " # I 7301 8. .THENCE SOUTH 89°55'00" WEST, 394.41 FEET ALONG THE SOUTH LINE OF SAID MATHER'S LAND TO THE SOUTHWEST CORNER THEREOF, BEING A POINT ON THE EASTERL Y LINE OF PARCEL 1 OF THE LAND DESCRIBED IN THE DEED TO PAUL SCHAFER, RECORDED IN THE OFFICE OF THE COUNTY RECORDER ON APRIL 2, 1937 IN BOOK 638, PAGE 113 OF OFFICIAL RECORDS OF SAID COUNTY; 9. THENCE NORTH 01 °25'00" EAST, 7.10 FEET ALONG THE EASTERLY LINE OF SAID SCHAE:.ER'S LAND TO THE NORTHEAST CORNER TIŒREOF, BEING ALSO THE SOUTHEAST CORNER OF RIQUEZA-REGAL UNIT NO.1, ACCORDING TO MAP THEREOF NO. 7237, FILED IN THE OFFICE OFTIŒ COUNTY RECORDER OF SAID COUNTY, MAR~H 22, 1972; 10. THENCE ALONG THE NORTHE~ Y LINE OF SAID SCHAFER'S LAND, SOUTH 88°07'00" WEST, 420.12 FEET TO THE NORTHEAST CORNER OF LAND DESCRIBED IN ' , THE DEED TO HUGH R. FOSTER AND MARIE H. FOSTER, RECORDED IN THE OFFICE OF THE COUNTY RECORDER, JUNE 18, 1958 IN BOOK 7128, PAGE 111 OF SAID OFfICIAL RECORDS; 11. THENCE ALONG THE EASTERLY LINE OF SAID FOSTER'S LAND PARALLEL WITH THE WEST LINE OF NORTHWEST QUARTER OF THE SOUTHEAST QUARTER, SOUTH 01 °25'00" WEST, 90.00 FEET TO THE SOUTHEAST CORNER OF SAID FOSTER'S LAND; -- "'.. - '-"'-" . 12. THENCE ALONG A LINE PARALLEL WITH SAID SCHAFER'S NORTHERLY LINE, SOUTH 88°07'00" WEST, 97.05 FEET TO THE NORTHEAST CORNER OF LAND DESCRIBED IN THE DEED TO ROBERT FLOYD ARCHER AND ELMA ALICE ARCHER, RECORDED IN THE OFFI'CE OF THE COUNTY RECORDER, MA Y 9, 1966, AS FILE NO. 77543 OF SAID OFFICIAL RECORDS; . 13. THENCE ALONG THE EASTERLY LINE OF SAID ARCHER'S LAND PARALLEL WITH THE WEST LINE OF NOR11IWEsT QUARTER OF THE SOUTHEAST QUARTER SOUTH 01 °25'00" WEST, 60.00' FEET TO THE SOUTHEAST CORNER OF SAID ARCHER'S LAND; . 14. THENCE ALONG A LINE PARALLEL WITH SAID SCHAFER'S NORTHERLY LINE, SOUTH 88°07'00" WEST, 165.00 FEET TO THE WEST LINE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER AND BEING ALSO THE SOUTHWEST CORNER OF LAND DESCRIBED IN THE DEED TO ROBERT FLOYD ARCHER AND ELMA ALICE ARCHER, RECORDED IN THE OFFICE OF THE COUNTY RECORDER, AUGUST 27, 1959 IN BOOK 7231, PAGE 61 OF SAID OFFICIAL RECORDS; EXHIBIT A PAGE 2 OF 3 '.. , . , ,', . . . ,'" , .. J 7302 15.,THENCE ALONG THE WEST LINE OF SAID NORTHWEST QUARTER OF THE SOUTIlEAST QUARTER, SOUTH 01 °25'00" WEST, 71.00 FEET TO THE NORTHWEST CORNER OF LAND DESCRIBED IN THE DEED TO ROBERT FLOYD ARCHER AND ELMA ALICE ARCHER, RECORDED IN THE OFFICE OF THE COUNTY RECORDER, MAY 28, 1958 IN BOOK 7099, PAGE 487 OF SAID OFFICIAL RECORDS; 16. THENCE ALONG A LINE THAT IS PARALLEL WITH AND 180.00 FEET NORTHERLY, AT RIGHT ANGLES FROM THE SOUTIŒRL Y LINE OF LAND DESCRIBED IN DEED TO / THE DEPARTMENT OF VETERAN'S AFFAIRS OF TIlE STATE OF CALIFORNIA, RECORDED IN THE OFFICE OF THE COUNTY RECORDER, DECEMBER 9, 1955 IN BOOK 5899, PAGE 379 OF SAID OFFICIAL RECORDS, NORTH 89°55'00" EAST, 145.05 FEET TO THE NORTHEAST CORNER OF SAID ARCHER'S LAND; 17. THENCE ALONG A LINE THAT IS PARALLEL WITH AND 145.00 FEET EASTERLY, AT RIGHT ANGLES FROM THE WEST LINE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER, SOUTH 01 °25'00" WEST, 180.06 FEET TO THE SOUTHEAST CORNER OF SAID ARCHER'S LAND; . 18. THENCE ALONG THE SOUTHERLY LINE OF SAID SCHAFER'S LAND DEEDED IN 1937, NORTH 89°55'00" EAST, 5.45 FEET TO THE WESTERLY CORNER OF LAND DESCRIBED IN DEED TO PAUL SCHAFER, RECORDED IN THE OFFICE OF THE -- COUNTYRE.ÇORDER, AUGl,IST..25, 1952 IN BOOK 4570, PAGE 126 OF SAID OFFICIAL RECORDS; 19. THENCE ALONG THE NORTHWESTERLY LINE OF SAID SCHAFER'S LAND DEEDED . . IN 1952, NORTH 71 °48'21" EAST, 212.24 FEET TO THE NORTH CORNER THEREOF; 20. THENCE NORTH 89°55'00" EAST, 330.77 FEET TO A LINE WHICH BEARS NORTH 01 °25'00" EAST FROM THE, TRUE ,POINT OF BEGINNING; . , 21. THENCE SOUTH 01 °25'00" WEST ALONG SAID' LINE' TO THE TRUE POINT OF BEGINNING. f.p)l'OY8d by the Local Aaenr:1 Formation . , COmmillion of SIn Di8Io ¡JUL'121999 EXHIBIT A PAGE 3 OF 3 ". . . , " \.. .,- 8 . THE SAN DIEGO LOCAL AGENCY FORMA TION COMIIISSION HAS ADOPTED A RESOLUTION APPROVING THE "NEWCREST HOMES ANNEXA TlON" TO THE CARDIFF SANITATION DISTRICT The following filings to be made after the conducting authority has ordered the change of organization (boundary change] must be processed by the LAFCO office: 1. County Recorder 2. County Auditor 3. County Assessor 4. State Board of Equalization 5. County Surveyor Any other filings remain the responsibility of the conducting authority. Proceedings must be initiated within 35 days after adoption of the Commission's resolution, and completed within one year after lAFCO approval, or the proposal must be considered abandoned (Government Code Sections 57001 and 57002). If your Board adopts a resolution ordering the boundary change, the following materials must be forwarded to the LAFCO office: 1. Six (6) certified copies of the resolution, i . ~ with original signatures and certification on at least one resolution. 2. Certificate Re: Tenns and Conditions and Indebtedness (use attached fonn). Please return signed, original copy. . 3. State Board of Equalization (SSE) fee in the amount of $ 500 (make check payable to "State Board of Equalization"). The SBE wiD only accept checks dated less than six months prior to receipt. The Executive Officer will check all documents for compliance. before filings are made. Amendments to the lAFCO resolution, including boundary modifications, can only be made by the Commission. Copies of all documents recorded and notices of acknowledgment from the Assessor and State Board of Equalization will be returned to the conducting authority. ' If you need additional information, or require further assistance, please caD the Commission's office at (619) 531-5400. July~ Date CHAEL D. OTT, Executive Officer «" "'. 8 8 Minute Item: 5 Ref, No.: DA99-12 RESOLUTION OF THE LOCAL AGENCY FORMATION COMMISSION OF THE COUNTY OF SAN DIEGO MAKING DETERMINATIONS AND APPROVING THE "NEWCREST HOMES ANNEXATION" TO THE CARDIFF SANITATION DISTRICT On motion of Commissioner Nygaard, seconded by Commissioner Pocklington, the following resolution is adopted: WHEREAS, a resolution of application was submitted to this Commission for annexation of territory to the Cardiff Sanitation District, which resolution was adopted by the Board of Directors of said District as Resolution No. 99-08, dated March 24, 1999, pursuant to Title 5, Division 3, commencing with Section 56000 of the Government Code; and WHEREAS, the territory proposed for annexation is as described in the application on file with the Local Agency Formation Commission; and WHEREAS, the Executive Officer of the Commission has filed his report on said annexation, which report was received and considered by the. Commission; and WHEREAS, all owners of land have consented in writing to the annexation; NOW THEREFORE, BE IT RESOLVED, that this Commission hereby finds, determines, and orders as follows: (1 ) The Commission certifies that it has reviewed and considered the information contained in the Negative Declaration prepared by the City of Encinitas. (2) The Commission hereby approves the annexation with boundaries as described in Exhibit A attached hereto for the reasons set forth in the Executive Officer's report, subject to the following condition: (3) certain. Payment by the property owner of District annexation fees and State Board of Equalization charges. The boundaries of the territory as described in Exhibit A are definite and (4) The boundaries of the territory do conform to lines of assessment and ownership. .-: .. . 8 8 (5) (6) The distrid is a registered-voter distrid. The territory includes 7.51 acres and is uninhabited. (7) The tenitory proposed for annexation is hereby designated the "Newcrest Homes Annexation" to the Cardiff Sanitation District. (8) The Commission hereby designates the Cardiff Sanitation District as the conducting authority and authorizes the Board of Diredors to condud proceedings in compliance'with this resolution without notice and hearing. (9) The Commission directs the Cardiff Sanitation District, as conducting authority, to order the following action: a) Annexation of 7.51 acres to the Cardiff Sanitation District. (10)' The Executive Officer is hereby authorized and directed to mail certified copies of this resolution as provided in Section 56853 of the Government Code. ;. 2 ~. .". 8 8 Passed and adopted by the Local Agency Fonnation Commission of the County of San Diego this 12th day of July, 1999, by the following vote: AYES: Commissioners Davis, Horn, Nygaard, Pocklington, Winton, and Wootton NOES: None ABSENT: Commissioners Childs, Jacob, Mathis, and Vanderlaan ABSTAINING: None --------------------------------------------- STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) I, MICHAEL D. OTT, Executive Officer of the Local Agency Fonnation Commission of the County of San Diego, State of Califomia, hereby certify that I have compared the foregoing copy with the original resolution adopted by said Commission at its regular meeting on July 12, 1999, which original resolution is now on file in my office; and that same contains a full, true, and correct transcript therefrom and of the whole thereof. Witness my hand this 15th day of July, 1999. MICHAEL D. OTT Executive Officer San Diego Local Agency Formation Commission t," J 8 8 6 CONSENT ITEM LOCAL AGENCY FORMATION COMMISSION V FOR MEETING OF: JULY 12, 1999 prODOsa( "Newcrest Homes Annexation- to the Cardiff Sanitation District (DA99-12) Proponent District, by resolution Proposed with consent of the property owner is annexation of 7.51 acres to the Cardiff Sanitation District for the provision of public sewer service. The proposed annexation territory, which is within the City of Encinitas, is developed with two singl&-family residences that currently use on-site septic systems. Annexation into the Cardiff Sanitation District is a condition of an approved tentative map (TM) that will permit the 7.51 acres to be subdivided into 14 parcels and developed with 12 additional single-family units that will require public sewer services. The San Dieguito Water District already provides public water service to the area. Territory to the north, east, and west of the proposed annexation area contains residential development; territory to the south is developed with a commercial nursery. The proposed annexation area is within the sphere of influence of the Cardiff Sanitation District and the District has lines within approximately 200 feet of the property. The Board of Supervisors has adopted a Master Enterprise District Resolution stating that no property tax transfer would be required as a result of this jurisdictional change. ....- City of Encinitas General Plan: Residential 3 City of Encinitas zoning: R-3 (2.01 - 3.00 dulacre) ~ South of Encinitas Boulevard, north of Riqueza Street, east of Regal Road, and west of Nardo Road (Thos. Bros. Pg. 1147107). NoText 8 8 / .. /( '..t' "..,---- j CITY of EN CINIT AS COMMUNITY DEVELOPMENT DEPARTMENT 505 S. Vulcan Avenue Encinitas, California 92024-3633 (619) 633-2710 NOTICE OF FINAL ACTION COASTAL DEVELOPMENT PERMIT APPLICATION Description of development: Tentative Map, Coastal Development Permit, and Environmental Initial Assessment for the proposed subdivision of a 7.49 gross acre site into 14 lots for single-family detached development. Location: 839 Regal Rd., Encinitas CASE FILE #: 98-071 TMlCDPIEIA APPLICANT: David Jacinto APPLICANT'S ADDRESS: 219 Meadow Vista Way, Encinitas, CA 92024 The project described above is located within the coastal zone. A coastal development permit application for the project has been acted upon by Planning Commission Action: Approved _X- Approved with conditions Denied Conditions of approval: -see attached Resolution no. PC 98-45 Attachment "B" for conditions of approval Findings: -see attached Resolution no. PC 98-45 Attachment "A" for adopted fmdings. _X- This Decision is not appealable to the Coastal Commission Appealable to the Coastal Commission pursuant to Coastal Act Section 30603 and Chapter 30.04 of the City ofEncinitas Municipal Code. An aggrieved person may appeal this decision to the Coastal Commission within 10 days following the Coastal Commission's receipt of this notice. Applicants will be notified by the Coastal Commission as to the date the Commission's appeal period will conclude. Appeals must be in writing to the Coastal Commission, San Diego Coast District office. This notice is dated August 10, 1998. 8 8 Øuu, 1{. ~ II Á44f<údø ENVIRONMENTAL INITIAL ASSESSMENT MITIGA TED NEGATIVE DECLARA TON PARK LANE ESTATES CASE NO. 98-071 TMlCDPIEIA Date Prepared: May 20, 1998 Project Name: Park Lane Estates, Case No. 98-071 TM/CDPÆIA Project Location: 83 9 R~gal Road, Encinitas, California 92024 (Property located immediately East and Adjacent Regal Road between R~ueza Street and Melba Road) Project Applicant: Mr, David Jacintó, Project Applicant Project Descrjption: The project proposes the development of 7.49 acres of land with two (2) existing homes into a fourteen (14) Residential Subdivision, located within an R-3 Residential Zone in the City ofEncinitas. Project approval requires discretionary actions by City of Encinitas consist#ls of the !1Pproval of a Tentative Map (TM), issuance of a Coastal Development Permit (CDP), and completion of an Environmental Initial Assessment (EIA). Ifhomes are not subsequently developed as custom homes, a Design Review Permit (DR) will also be required ITom the City ofEncinitas. The Project Site location is shown as Figure 1. Project Background History The subject pt:qperty was oIjginal)y proposed for development in 1992. The original application submitted to the City ofEncinitas consisted of an eight (8) lot residential subdivision on the ITont portion of the property (4.4 acres), with the back portion of the site, containing residential structures (2) and barn, not a part of the application. This related application was known as the R~gal Estates Subdivision, Case No. 91-166 TM/EIA. An Environmental Initial Study (EIA) was perfonned for this project and a Mitigated Negative Declaration was àdopted. This application lapsed and the property was not developed pursuant to the original proposal. The EIA for Regal Estates was prepared by CRAIG R. LORENZ &. ASSOCIATES and completed in May, 1992. Land Planning. project Management . EnvtronmentaJ Analysis 75815 Ac8ma Street S8n DIego. CA 92128 . (818) 57&-8381 8 8 The current application (Case No. 98-071) now includes the rear portion of the property, under a proposed development plan for the entire ownership (7.49 acres) to ultimately create 14 residential lots. The applicant has no construction plans at this time, and residential lots are anticipated to be sold and developed on an individual basis, Initial site improvements would consist of the extension of Park Lane as a public street into the project site with curb, gutter, and sidewalk on both sides. Installation of accompanying underground utilities and storm drainage facilities would occur as part of the initial site improvements granted under an .approved Tentative Tract Map. The two (2) existing residential structures would remain, however, the barn would be removed. The current development plan (TentativeM~p) for the property is included as Figure 2. Environmental Setting: The project site consists ofan irregularly-shaped property in three (3) parcels of approximately 7.49 acres, with a narrow dirt road access to Regal Road. The property is surrounded by developed residential uses to the north, east, west, with greenhouses situated to the south, The use of pesticides or odor abatement practices within these greenhouses is controlled by the County of San Diego Environmental Services Division. The subject site slopes gently down from the east to west and is covered with a growth of grass on the portion nearest to Regal Road (front portion). The back portion of the site contains two (2) residential structures and a barn, and is surrounded by trees and heavy brush. Portions of the site were previously cultivated and used as an avocado grove in the past. . These areas contain buried plastic in:igation pipes and scattered stumps on the ground surface, The existing dirt road that crosses the site from east to west provides access to the houses to the east. Some grading has been done on the site to create the road and the cut slopes at the southeast comer and east side of the site. There are slopes of varying height on each side of the property, except the west side. There are also low, mounded piles of fill and/or topsoil that appear to have been formed after the site was used for agricultural purposes in the past. Minor amounts of debris are scattered around on the surface and an area of brush that contains some trash is present in the southwest part of the site. Please refer to Site Photographs - Figure 3, Land Use, General Plan, and Zoning Designation: The proposed land use of single-family residential on-site is consistent with the existing R-3 Residential Zone and 2-3 Residential General Plan Designation of the City of Encinitas. The proposed density of approximately 2.2 lots/acre qualifies as being under the "Mid-Range" Density (2.5 du/ac) within the 2-3 Residential Land Use Designation. 2 8 8 The Assessor's Parcel Numbers for the property are 258-251 - 49 and 50, 258-252-03, and 258-251-05. The following describes project compatibility with surrounding land uses: PROJECT SITE AND SURROUNDING LAND USES Location General Plan Zoning Existing Use Designation Designation 2-3 Residential R-3 Vacant + 2Homes S-8 Residential R-8 Single-Family 2~3 Residential .R-3 - Greenhonses 2-3 Residential R-3 Single-Family 8-11 Residential R-ll Multi-Family Project Site North South East West Environmental Resources Analysis: The following environmental resources are either: (1) significantly affect~ or (2) significantly affected, but avoidable, due, to project design (redesign) or IIÙtigation measures that have been added to the project, as detailed in the attached Environmental Checklist Form and Explanation Sheet: Soils/Geotechnical Traffic Circulation Biological Resources Lead Agency Name and Address: City ofEncinitas Community Development Department 505 South Vulcan Avenue Encinitas, California 92024-3633 Lead Agency Contact and Phone Number: Tom Curriden, Project Planner, Tel. # (760) 633-2712 Public Agencies, other than City, whose approval is necessary to implement the Proposed Project: . Anvexationinto Cardiff Sanitation District 3 8 8 Participants in the Preparation of this Environmental Initial Assessment(EIA): Craig R Lorenz~ CRAIG R LORENZ & ASSOCIATES,EIA Consultant Tom Curriden, Community Development Department, City ofEncinitas Rob Blou~ Traffic Engineer, City ofEncinitas Hans Jensen, Senior Civil Engineer, City ofEncinitas Kazem M. Zomorrodian, RC,E. Lantec Enginee~g,Inc.- Project Engineer Buck Buchanan, Buchanan-RaIùlly, Inc. - Geotechnical Engineers Bill Darnell, Basmaciyan-Darnell, Inc. - Traffic ~gineers R Mitchel Beauchamp - Pacific Southwest Biological Services - Project Biologist Environmental Initial Assessment Determination: Research and review of the project plans, Project Traffic, Geotechnical, and Biological Resources Analysis Reports, City Traffic Engineer's independent analysis, Environmental Checklist Form, and field investigation of the project site and surroundings, have failed to disclose any environmental effects not miti,gated by project design, standard conditions for implementation, and the recommendations for mitigation of traffic, soils/geotechnical, and landscape preserVation that have been added to the project, as described in detail in the attached Environmental Checklist Form and Explanation Sheet. On the basis of this Environmental Initial Assessment, a recommended MITIGATED NEGATIVE DECLARATION has been prepared. This findin,g is made pursuant to Public Resources Code Section 21081 (a) of the California Environmental Quality Act (CEQA), in that changes or alterations have been r~quired in or incorporated into the project which mitigates or avoid an environmental effect. These measures are described in detail on Pages 7-9 the attached Environmental Checklist Explanation Sheet. L! .,. -;, ;2, ~ Ar Craig R Lorenz, MCP President CRAIG R. LORENZ & ASSOCIATES May, 1998 Enclosures: Appendix I - Environmental Checklist Form and Explanation Sbeet/Mitigation Measures Figure 1 - Project Location Map Figure 2 - Project Developp¡ent Plan (Tentative Map) Figure 3 - Site Photographs (Sheets 1-3) 4