1999-262146
I DOC # 1999-0262146
~ . .~ 8
. 20' J..999
APR 8:40 AM
RECORDING REQUESTED BY: 2631 OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER I S OFFICE
San Diego County LAFCO GREGORY J. SMITH~ COUNTY RECORDER
FEES: 0.00
AND WHEN RECORDED MAIL TO: 111111111 II I ~IIIIIIIIII
LAFCO -
1999.0262146
MS A216
f7P
/ THIS SPACE FOR RECORDER'S USE ONLY
,J r
~
Certificate of Completion
"Bukamier Reorganization" R098-13
(Please fill in document title(s) on above line(s)
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
6/94
Rec. Form #R25
~b,j~
. ~ . 8 SAN DIEGO COUNTY I
Please return to:
LOCAL AGENCY FORMATION COM MIS I N LAFCO
CERTIFICATE OF COMPLETION MS A216
"Bukamier Reorganization" (RO98-13)
Pursuant to Government Code Sectio.ns 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:
City or District Type of Chanqe of Orqanization
City of Encinitas Annexation
Cardiff Sanitation District Annexation
County Service Area No. 83 Detachment
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/reorganization are indicated
on the attached form.
I 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. on
Executive Officer Date: February 11, 1999
8 2633 X 8
[lþ\ [F C; (Q) 1600 Pacific Highway. Room 452
San Diego, CA 92101 . (619) 531-5400
San Diego Local Agency Formation Commission
Chairwoman
Dr. Lillian M. Childs CERTIFICATE RE: TERMS AND CONDITIONS AND INDEBTEDNESS
Helix Water District
Vice Chairman Subject: "Bukamier Reorganization" (City of Encinitas) (R098-13)
BiIIHom
County Board of
Supervisors Certain terms and conditions are required by the Local Agency Formation
Members Commission to be fulfilled prior to the completion of the above-named
change of organization.
Dianne Jacob
County Board of I .J eon 1'1 I Fe ( f-J, :)(Yì" + /) tvl (j iJ 11 J P iJ:H'rd An ú.! ~ Sl
Supervisors
Lori Howard (Name) \, (Title)
Councilmember,
City of Santee do hereby certify that the terms and conditions listed below have been fully
Harry Mathis met.
Councilmember,
City of San Diego
Julianne Nygaard 1. Payment of Cardiff Sanitation District, Local Agency Formation
Councilmember, Commission, and State Board of Equalization processing fees.
City of Carlsbad
Ronald W. Wootton
Vista Fire Protection District
Andrew L. Vanderlaan
Public Member
Alternate Members
Greg Cox
County Board of
Supervisors
Shirley Horton Will the affected property be taxed for any existing bonded indebtedness or
Mayor, contractual obligation?
City of Chula Vista
Juan Vargas Yes - No \/lfyeS, specify.
Councilmember,
City of San Diego
Bud Pocklington
South Bay Irrigation District
Guy W. Winton III ¿ V. \.o~~rJ~
Public Member
f Signature
Executive Officer ;1 &:' Icr
Michael D. Ott
I I
Counsel Date
John J. Sansone
8 2634 8
RESOLUTION NO. 98-93
A RESOLUTION OF THE ENCINIT AS
CITY COUNCIL
APPROVING AN
ANNEXATION OF TERRITORY TO WHICH
THE OWNERS HAVE CONSENTED
"GARY BUKAMIER ANNEXA TION"
(APN: 264-451-06; Case No. 97-215 ANffPMlEIA)
WHEREAS, pursuant to the Cortese-Knox Local Government Reorganization Act of 1985
(Govt. Code Sec. 56000 et. seq.) preliminary proceedings were commenced by Resolution of
Application by the City Council on April 22, 199&, as Resolution 98-31, for armexation into the
City of Encinitas a,pd detachment from CSD 83 of 10.06 acres, described herein as Exhibit "A", and
annexation into the Cardiff Sanitation District of 4.3 acres, described herein as Exhibit "8", which
description has been modified pursuant to the directions of the Local Agency Fonnation
Commission (LAFCO); and
WHEREAS, the armexation proposed by said Resolution of Application was presented and
approved by the LAFCO of San Diego County on November 2, 1998, and the City was designated
as the conducting agency and authorized by Resolution to order said annexation 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 No. 98-31 by the City Council, as stated above.
b. The territory to be annexed has been designated RO98-13 by the LAFCO, and the
exterior boundaries of such territory are as described in Exhibits "A'.' and "8" to this
Resolution.
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 referred to above are:
1. The City is empowered to and is engaged in furnishing public
service facilities.
2. The territory proposed to be annexed to the City of Encinitas and
Cardiff Sanitation District is proposed to be developed and used for
residential purposes and the provision of public services for said
territory is essential for such purpose.
cdlcro/f:97reports/97-215cc2(12-16-98)
8 "6'1r"- 8
>.. , ) ~)
e. The terms and conditions of the proposed annexation are: Payment to the City of
Encinitas and Cardiff Santiation District any fees owed for the processing of Case
No. 97-215 and State Board of Equalization fees.
f. All owners of land within said territory have given their written consent to such
annexation, as provided in Government Code Section 56837, and the,refore, as
approved and authorized by the LAFCO, the City Council may adopt its Resolution
ordering the annexation without notice and without an election, as provided in
Government Code Section 57002.
g. The regular County assessment roll will be utilized and the affected territory will not
be taxed for existing bonded indebtedness.
h. Based upon information provided in the Environmental Initial Assessment, along
with comments and responses received during the noticed review and comment
pe:iod, the City Council finds that the project will not have a significant adverse
effect on the environment and has adopted a mitigated Negative Declaration.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED that pursuant to
Government Code Section 57002, the following described territory in Exhibit A of 10.06 acres is
incorporated into the City of Encinitas, State of California, and is hereby annexed to and made a
part of the City of Encinitas and is detached from CSA 83 and the following described territory in
Exhibit B of 4.3 acres is hereby annexed to and made a part of the Cardiff Sanitation District.
BE IT FURTHER RESOLVED AND ORDERED that the City Clerk immediately
transmit a certified copy of this Resolution along with a remittance to cover the fees required by
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.
cd/cro/f:97reports/97-215cc2(l2-16-98)
8 8 2636
PASSED AND ADOPTED this 16th day of December, 1998, by the following vote, to
wit:
AYES: Bond, Cameron, DuVivier, Guerin, Holz
NAYS: .'
None
ABSENT: None
ABSTAIN: None
~
~ ~ . ~~
Sheila Cameron, Mayor
City of Encinitas
I, Deborah Cervone, City Clerk 01 the City 01 Encinitas,
California do hereby certify Under penally 01 pe/ÌUtY that
the above and foregoing Is a true and correct copy 01
this document on file in my offICe. In witness whereof.
ATTEST: I have set my hand and the Seal of the City of Encinitas
this~dayol ,19~.
Deborah Cervone, City Clerk
W~ ~CQJ/\~
---
Deborah Cervone
City Clerk
cd/cro/f:97reports/97-215cc2( 12-16-98)
8 EXHIBIT "A"
2638 8 ~
BUKAMIER REORGANIZATION ANNEXATION TO THE CITY OF ENCINITAS AND
DETACHMENT FROM COUNTY SERVICE AREA NO. 83 - SAN DIEGUITO LOCAL
PARKS R098-13
ALL OF PARCEL 1 OF PARCEL MAP NO. 4645, IN THE COUNTY OF SAN DIEGQ,
STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP THEREOF FILED APRIL 16,
1976, AS FILE PAGE 76-114282, IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, LYING WITHIN THE FOLLOWING DESCRIBED BOUNDARIES:
BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 1, BEING ALSO THE
NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 4, TOWNSHIP 13 SOUTH, RANGE 3 WEST, SAN BERNARDINO
BASE AND MERIDIAN, ACCORDING TO UNITED STATES GOVERNMENT SURVEY;
1. THENCE NORTH 880 24' 37" EAST, 647.68 FEET ALONG THE NORTHERLY LINE OF
SAID PARCEL 1 TO THE NORTHEASTERLY CORNER THEREOF;
2. THENCE SOUTH 10 49' 35" EAST, 672.48 FEET ALONG THE EASTERL Y LINE OF
SAID PARCEL 1 TO THE SOUTHEASTERLY CORNER THEREOF;
3. THENCE SOUTH 88009' 54" WEST, 652.38 FEET ALONG THE ~OUTHERL Y LINE OF
SAID PARCEL 1 TO THE SOUTHWESTERLY CORNER THEREOF;
4. THENCE NORTH 10 25' 40" WEST, 675.27 FEET ALONG THE WESTERLY LINE OF
SAID PARCEL TO THE POINT OF BEGINNING.
~.
2639 .
. 8
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EXHIBIT "B" 8 .
~;"'.'
'. '
BUKAMIER REORGANIZATION ANNEXATION TO THE CARDIFF SANITATION
DISTRICT RO98-13
ALL THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 4645, IN THE COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ~CCORDING TO PARCEL MAP THEREOF
FILED APRIL 16, 1976, AS FILE PAGE 76-114282, IN 1HE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, LYING WITHIN THE FOLLOWING DESCRIBED
BOUNDARIES:
BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SAID PARCEL 1, DISTANT
THEREON soum 88° 09' 54" WEST, 25.00 FEET FROM THE SOUTHEASTERLY
CORNER THEREOF;
1. THENCE LEAVING SAID SOUTHERLY LINE NORm 27° 48' 09" WEST, 216.90 FEET;
2. TIiENCE soum 88° 09' 54" WEST, 30.00 FEET;
3. TIiENCE NORTH 57° 08' 13" WEST, 158.10 FEET;
4. THENCE SOUTH 83 ° 49' 26" WEST, 50.00 FEET;
5. TIiENCE NORTH 55° 08' 06" WEST, 112.35 FEET;
6. THENCE NORTH 49° 31' 58" WEST, 110.23 FEET;
7. THENCE NORTH 67° 14' 05" WEST, 103.19 FEET;
8. THENCE NORTH 36° 26' 53" WEST, 94.72 FEET TO A POINT ON THE WESTERLY
LINE OF SAID PARCEL 1; ~.
9. THENCE SOUTH 1 ° 25' 40" EAST ALONG SAID WESTERLY LINE OF PARCEL 1 TO
THE SOUTHWESTERLY CORNER THEREOF;
10. THENCE NORTH 88° 09' 54" EAST, 627.37 FEET ALONG THE SOUTHERLY LINE OF
SAID PARCEL 1 TO THE POINT OF BEGINNING.
Approved by the Local Agency Formation
Commission of San Dj.
I NtH - 2 1998
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MAP 2 OF 2 ATTACHMENT 5
. .
[LAlF ~O 1600 Pacific Highway. Room 452
San Diego, CA 92101 . (619) 531-5400
San Diego Local Agency Formation Commission Website: www.sdlafco.corn
Chairman June 11, 1999
BiliHom
County Board 01
Supervisors
TO: Assessor
Vice Chairwoman Assessment Mapping Division (A4)
Julianne Nygaard
Councilmember,
City 01 Cartsbad FROM: Local Agency Formation Commission (A216)
Members
SUBJECT: "Bukarnier Reorganization" (R098-13)
Oianne Jacob
County Board 01 .
Supervisors
Patty Davis, Transmitted herewith is a copy of the Executive Officer's Certificate of
Councilmember, Completion for the above-cited change of organization/reorganization,
City 01 Chula Vista with a copy of the conducting authority's final resolution, certificate of
Hany Mathis terms and conditions, legal description, and map. The effective date is
Councilmember, 4/20/99. The recorded document no. is 0262146.
City 01 San Diego
Dr. Lillian M. Childs Please acknowledge receipt of this filing by notation on and return of a
Helix Water Distrid
Ronald W. Wootton copy of this letter. Thank you,
Vista Fire Protection Distrid RECEIEIACKNOWLEDGED, t.-14-~
Andrew L Vandertaan MICHAEL D. OTT BY. ~ J f:t-
Public Member ~EPUT
Executive Officer
Alternate Members
Greg Cox MDO:na
County Board 01
Supervisors
CC:
Mary Teresa Sessom Department of Public Works
Mayor, c/o John Rodgers (0350) (w/all attachments)
City 01 Lemon Grove
Juan Vargas Auditor
Counciimember,
City 01 San Diego c/o Betty Jones (A5) (w/all attachments)
Bud Pocklington
South Bay Irrigation Distrid Registrar of Voters
Guy W. Winton III c/o Rita Watson (034) (w/all attachments)
Public Member
Executive Officer SANDAG
Michael D. all c/o John Hofrnackel (City 980) (w/rnap)
Counsel
John J. Sansone
(Calif. Gov't Code Sects. 57203-4)
. . @
STATE OF CALIFORNIA
STATE BOARD OF EQUALIZATION JDHAN KLEHS
.;", Diot<ict. Ho,...,.
TAX AREA SERVICES SECTION CEAN F ANCAL
450 N Street. MIC: 59 Sooond Di,lricI. StOCkton
P. O. Bcx 942879
Sacramento, CA 94279-0059 CLAUDE PARRtSH
"""C"""'. Ta""",
Telephone: (916) 322-7185 JOHN CHIANG
FAX: (916) 327-4251 . 'ourthD"IricI,Lo'~..
June 15, 1999 KATHLEEN CONNELL
Conln>l'". S.",....,10
-
Mr. Michael D. Ott E. L. SORENSEN. JR.
Executive Officer "'-"'.Di....",
San Diego County LAFCo
County Administration Center
1600 Pacific Highway, Room 452
San Diego, CA 92101
.
This is to acknowledge receipt of the staternent(s) required by Section 54900, et seq., of
the Government Code for the action described below. Copies of your documents will be
forwarded by us to other agencies. You are required by Section 54902 of the
Government Code to file a complete set of documents, except for the processing fee,
with the County Assessor and Auditor effected by this action.
Tax rate area boundaries and property tax allocations will become effective for the
2000/2001 assessment roll.
Sincerely,
~J.~
David J. Martin, Supervisor
Tax Area Services Section
DJM:pdr
cc: County Assessor. County Auditor
County No: 37 CountY: San Die!lo BOE File No.: 00-027
District ENCINITAS CITY Resolution/Ord No: 98-93
Short Title: BUKAMIER REORG. Effective Date: 04/20/99
Type of Action 02 Annexation to CitY LAFCo. No: R098-13
Conductina Authority: CITY Roll Year: 2000/2001
Fees: $500 I Acreaoe: 10 Received At BOE: 06/15/99
t'~' 8 8
THE SAN DIEGO
LOCAL AGENCY FORMATION COMMISSION
HAS ADOPTED A RESOLUTION APPROVING
THE "BUKAMIER REORGANIZATION"
(CITY OF ENCINITAS)
The following filings to be made after the conducting authority has ordered the changes of
organization [boundary changes] must be processed by the LAFCO office:
1. County Recorder 3. County Assessor 5. County Surveyor
2. County Auditor 4. State Board of Equalization
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 Council adopts a resolution ordering the boundary changes, the following materials
must be forwarded to the LAFCO office:
1. Six (6) certified copies of the resolution, including the approved leqal description and
map. with an original signature on at least one certification page.
2. Certificate Re: Terms and Conditions and Indebtedness (use attached form).
Please return signed, original copy.
3. State Board of Equalization (SBE) fee in the amount of $ 500 (make check payable
to "State Board of Equalization"). The SBE will only accept checks dated less than
six months prior to receipt.
4. Map of limiting addresses (2 copies), vicinity map (2 copies), estimated population,
and an alphabetical list of all streets within the affected area to include beginning
and ending street numbers.
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. All documents recorded and copies of letters of
acknowledgment will be returned to the conducting authority.
If you need additional information, or require further assistance, please call the
Commission's office at (619) 531-5400.
1/ JII 11-4-4;
MICHAEL D. OTT, Executive Officer Date
\ ~ 8 8
Minute Item: 4
Ref. No.: R098-13
RESOLUTION OF THE LOCAL AGENCY FORMATION COMMISSION
OF THE COUNTY OF SAN DIEGO
MAKING DETERMINATIONS AND APPROVING THE
"BUKAMIER REORGANIZATION"
(CITY OF ENCINITAS)
On motion of Commissioner Mathis, seconded by Commissioner Nygaard, the
following resolution is adopted:
WHEREAS, resolutions of application were submitted to this Commission for
annexation of territory to the City of Encinitas and the Cardiff Sanitation District; the City
Council of Encinitas adopted Resolution No. 98-31, dated April 22, 1998, and the Cardiff
Sanitation District adopted Resolution No. 98-08, dated April 22, 1998, pursuant to Title
5, Division 3, commencing with Section 56000 of the Government Code; and
WHEREAS, the territory proposed for reorganization 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
reorganization, which report was received and considered by the Commission; and
WHEREAS, all owners of land have consented in writing to the reorganization;
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 reorganization 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:
Payment of Cardiff Sanitation District, Local Agency Formation Commission,
and State Board of Equalization processing fees.
(3) The Commission hereby approves the reorganization, including the following
actions: annexation to the City of Encinitas, annexation to the Cardiff Sanitation District,
and detachment from County Service Area No. 83 (San Dieguito Local Parks).
, . 8 8
(4) The boundaries of County Service Area No. 17 (San Dieguito Paramedics)
shall not be changed as a result of this reorganization. Pursuant to Government Code §
56375(p), the Commission waives the application of Government Code § 25210.90 and
finds that the application of this section would deprive the residents of the affected area of
a service needed to ensure their health, safety, and welfare, and that this waiver will not
affect the ability of the City of Encinitas to provide services.
(5) The boundaries of the territory as described in Exhibit A are definite and
certain.
(6) The boundaries of the territory do not conform to lines of assessment and
ownership.
(7) The districts are registered-voter districts.
(8) The territory includes 10.06 acres and is uninhabited.
(9) The territory proposed for reorganization is hereby designated the "Bukamier
Reorganization" (City of Encinitas).
(10) The Commission hereby designates the City of Encinitas as the conducting
authority and authorizes the City Council to conduct proceedings in compliance with this
resolution without notice and hearing.
(11) The Commission directs the City of Encinitas, as conducting authority, to
order the following actions:
a) Annexation of 10.06 acres to the City of Encinitas.
b) Annexation of 4.3 acres to the Cardiff Sanitation District.
c) Detachment of 10.06 acres from County Service Area No. 83 (San
Dieguito Local Parks).
(12) 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 Formation Commission of the County of San
Diego this 2nd day of November, 1998, by the following vote:
AYES: Commissioners Childs, Howard, Jacob, Mathis, Nygaard, and
Wootton
NOES: None
ABSENT: Commissioners Horn and Vanderlaan
ABSTAINING: None
---------------------------------------------
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO)
I, MICHAEL D. on, Executive Officer of the Local Agency Formation Commission of the
County of San Diego, State of California, hereby certify that I have compared the foregoing
copy with the original resolution adopted by said Commission at its regular meeting on
November 2, 1998, which original resolution is now on file in my officë; and that same
contains a full, true, and correct transcript therefrom and of the whole thereof.
Witness my hand this 4th day of November, 1998.
W
MICHAEL D. on
Executive Officer
San Diego Local Agency Formation Commission
t. . 8 8
Minute Item: 4
Ref. No.: R098-13
RESOLUTION OF THE LOCAL AGENCY FORMATION COMMISSION
OF THE COUNTY OF SAN DIEGO
MAKING DETERMINATIONS AND APPROVING THE
"BUKAMIER REORGANIZATION"
(CITY OF ENCINIT AS)
On motion of Commissioner Mathis, seconded by Commissioner Nygaard, the
following resolution is adopted:
WHEREAS, resolutions of application were submitted to this Commission for
annexation of territory to the City of Encinitas and the Cardiff Sanitation District; the City
Council of Encinitas adopted Resolution No. 98-31, dated April 22, 1998, and the Cardiff
Sanitation District adopted Resolution No. 98-08, dated April 22, 1998, pursuant to Title
5, Division 3, commencing with Section 56000 of the Government Code; and
WHEREAS, the territory proposed for reorganization 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
reorganization, which report was received and considered by the Commission; and
WHEREAS, all owners of land have consented in writing to the reorganization;
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 reorganization 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:
Payment of Cardiff Sanitation District, Local Agency Formation Commission,
and State Board of Equalization processing fees.
(3) The Commission hereby approves the reorganization, including the following
actions: annexation to the City of Encinitas, annexation to the Cardiff Sanitation District,
and detachment from County Service Area No. 83 (San Dieguito Local Parks).
, , 8 8
(4) The boundaries of County Service Area No. 17 (San Dieguito Paramedics)
shall not be changed as a result of this reorganization. Pursuant to Government Code §
56375(p), the Commission waives the application of Government Code § 25210.90 and
finds that the application of this section would deprive the residents of the affected area of
a service needed to ensure their health, safety, and welfare, and that this waiver will not
affect the ability of the City of Encinitas to provide services.
(5) The boundaries of the territory as described in Exhibit A are definite and
certain.
(6) The boundaries of the territory do not conform to lines of assessment and
ownership.
(7) The districts are registered-voter districts.
(8) The territory includes 10.06 acres and is uninhabited.
(9) The territory proposed for reorganization is hereby designated the "Bukamier
Reorganization" (City of Encinitas).
(10) The Commission hereby designates the City of Encinitas as the conducting
authority and authorizes the City Council to conduct proceedings in compliance with this
resolution without notice and hearing.
(11) The Commission directs the City of Encinitas, as conducting authority, to
order the following actions:
a) Annexation of 10.06 acres to the City of Encinitas.
b) Annexation of 4.3 acres to the Cardiff Sanitation District.
c) Detachment of 10.06 acres from County Service Area No. 83 (San
Dieguito Local Parks).
(12) 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 Formation Commission of the County of San
Diego this 2nd day of November, 1998, by the following vote:
AYES: Commissioners Childs, Howard, Jacob, Mathis, Nygaard, and
Wootton
NOES: None
ABSENT: Commissioners Horn and Vanderlaan
ABSTAINING: None
---------------------------------------------
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO)
\, MICHAEL D. OTT, Executive Officer of the Local Agency Formation Commission of the
County of San Diego, State of Califomia, hereby certify that \ have compared the foregoing
copy with the original resolution adopted by said Commission at its regular meeting on
November 2, 1998, which original resolution is now on file in my officë; and that same
contains a full, true, and correct transcript therefrom and of the whole thereof.
Witness my hand this 4th day of November, 1998.
yjj¡/
MICHAEL D. OTT
Executive Officer
San Diego Local Agency Formation Commission
;;
8 8
BUKAMIER REORGANIZA nON ANNEXA nON TO THE CITY OF ENCINIT AS AND
DETACHMENT FROM COUNTY SERVICE AREA NO. 83 - SAN DIEGUITO LOCAL
PARKS RO98-13
ALL OF PARCEL 1 OF PARCEL MAP NO. 4645, IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP THEREOF FILED APRIL 16,
1976, AS FILE PAGE 76-114282, IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, LYING WITHIN THE FOLLOWING DESCRIBED BOUNDARIES:
BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 1, BEING ALSO THE
NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 4, TOWNSHIP 13 SOUTH, RANGE 3 WEST, SAN BERNARDINO
BASE AND MERIDIAN, ACCORDING TO UNITED STATES GOVERNMENT SURVEY;
1. THENCE NORTH 88024' 37" EAST, 647.68 FEET ALONG THE NORTHERLY LINE OF
SAID PARCEL 1 TO THE NORTHEASTERL Y CORNER THEREOF;
2. THENCE SOUTH 10 49' 35" EAST, 672.48 FEET ALONG THE EASTERLY LINE OF
SAID PARCEL 1 TO THE SOUTHEASTERLY CORNER THEREOF;
3. THENCE SOUTH 880 09' 54" WEST, 652.38 FEET ALONG THE ~OUTHERL Y LINE OF
SAID PARCEL 1 TO THE SOUTHWESTERLY CORNER THEREOF;
4. THENCE NORTH 10 25' 40" WEST, 675.27 FEET ALONG THE WESTERLY LINE OF
SAID PARCEL TO THE POINT OF BEGINNING.
..
EXHIBIT A
PAGE 1 OF 2
,
8 8
BUKAMIER REORGANIZA nON ANNEXA nON TO THE CARDIFF SANITATION
DISTRICT RO98-13
ALL THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 4645, IN THE COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP THEREOF
FILED APRIL 16, 1976, AS FILE PAGE 76-114282, IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, LYING WITHIN THE FOLLOWING DESCRIBED
BOUNDARIES:
BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SAID PARCEL 1, DISTANT
THEREON SOUTH 88° 09' 54" WEST, 25.00 FEET FROM THE SOUTHEASTERLY
CORNER THEREOF;
1. THENCE LEAVING SAID SOUTHERLY LINE NORTH 27° 48' 09" WEST, 216.90 FEET;
2. THENCE SOUTH 88 ° 09' 54" WEST, 30.00 FEET;
3. THENCE NORTH 57° 08' 13" WEST, 158.10 FEET;
4. THENCE SOUTH 83° 49' 26" WEST, 50.00 FEET;
5. THENCE NORTH 55° 08' 06" WEST, 112.35 FEET;
6. THENCE NORTH 49° 31' 58" WEST, 110.23 FEET;
7. THENCE NORTH 67° 14' 05" WEST, 103.19 FEET;
8. THENCE NORTH 36° 26' 53" WEST, 94.72 FEET TO A POINT ON THE WESTERLY
LINE OF SAID PARCEL 1; ..
9. THENCE SOUTH 1 ° 25' 40" EAST ALONG SAID WESTERLY LINE OF PARCEL 1 TO
THE SOUTHWESTERLY CORNER THEREOF;
10. THENCE NORTH 88° 09' 54" EAST, 627.37 FEET ALONG THE SOUTHERLY LINE OF
SAID PARCEL 1 TO THE POINT OF BEGINNING.
Approved by the Local Agency Formation
Commission of San Diego
NOV - 2 1998
~.ø
EXHIBIT A
PAGE 2 OF 2
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Map 2 of 2
Notice of Determination Appendix H
8 8 CITY OF ENCINITAS
COMMUNITY
To: - Orne::: of Planning and R:::s::::m:h From: (Public Agency) O[VFI OPMENT I1EPARTMHIT
1400 Tenth Street. Room l21 505 S. VULCAN AVENUE
Sacr:unento. CA 95814 . (~\mAS. CA 928213633
X r~!TT'I~ Clerk'
Coumy of 54N D I E'60
/ 6CO P4C¡Pt C ff-vJ'1' /20 o~ Z. {; 0
PO.!8()X /750
SAN DIEC:f°J CA c¡ 'ZJ / Z - 41 +7
Subject:
FlIIng at Notlca ot Determination In compllanca with Section 21108 or 2115.2 at the Public Resources Code.
-ßu~MI£~ ANIJ~XPr110tJ ÆrJo Té)J-ml1V6 P~L fr1f\-f (cA-S~~Þ. q7-2l5 M/rP#A.)
Project Title
N/A tU/b oLZ;e,J LíbO) 6~3-2-113
S~t.e Cle:uinghouse Number Le::1d Agency Area Code/Teiephcne:ExLenSlOn
(If submitted La C1c~ghOUSC) Con~ct Person airv£rJ;tA-T1\J a~ ~
ApPeD'I- . 330 ¿A&í óF -rat-M/(\J!AS ðF !..otJf:: J.h u e5i1}t..~S Co 1.0. e1" CourJ'"M Ðf ¿SAN D/B~O
Project Location (include county)
Project Description: Annexation application request into the City of Encinitas and
the Cardiff Sanitation District of a 10.06 acre parcel within the City's Sphere ofInfluence, together
with a Tentative Parcel Map request to subdivide the property into two residential parcels (each in
excess of two acres) with a 5.7 acre open space easement. The property is located approximately
380 feet east of the terminus of Lone Hill Estates Court. APPLICANT: Gary Bukamier / Pasco
Engineering. CASE NO. 97-215 ANrrPMÆIA.
This is to advise that the CI T\.f c.,ou,Jc IL Dr J}fE. (!.1ì1y of bJar4/1Ao¡as approved the above described project on
0 Lca4 ^gcnr:y 0 R~p<X\SIDIC Agcnr:y
22. A P!2-1 L I qq ß and has made the following determinations reg:!rding the above ~$=:ibed project:
(Date)
1. The project [OwiU þ(wiU noLI have a signific::u:t effect on the environment.
2.0 An E:lVtronm::::1t;JJ. Impact Rcpon was prcp:l.'":d for this project pt.:."'Su:lI1L to the prov'isions of ŒQA.
)8:.A Negative DecW:ltion was prcp:lI'ed for this project pursuant to to,e provisions of c-.:.QA.
3. Mitigaticn measures (~werc C¡werc not} made J condition of the approval of the projec:.
4. A staleme.'1t of Overriding Consider:ltions (Owas %was not} adopt.:d for this projcc:.
5, Fmdings rpjwerc Owerc not} made p~uant to the provisions of CEQA.
v EUV/ fLo,JJI\ i3r:J7?rL I Ñ I ilA-L ÂSse SSf'Aél\J í (ti:/A..)
This is to certify that the RRM DR with commehtS and responses and record of project approval is available to the Genc:a.1 Public :1t:
S O~ 'ÔD. VtAL..c.kN AIJf;/Ju.TE-; 6'r-J C ¡,J ¡ 11\--5 . CIt 92-0 24- 3~3"'3
eM.. Q ,J;J~' I :;r"lNE /"/98 k;¡5"C,~n PtJrNNd-.
Signature (public Ag:ncy) Date Title
Date rcceív_ed "for filing :lL OPR:
R~VÎSÆd Octobu 1989
, '. _.'
8 8
CITY OF ENCINITAS
NEGATIVE DECLARATION
~I41MI~ ANi\JrS-XA 170,) ~ l8jíP~Í\vE PASZCf'L ,M1ftp fc-A~ No. ~7-215 AtJfrpM)
Project Title
3ßO / EÆ-ST of TFf'-M 11\f~ S cF ¿Ç(JE -HJL¿ f?'51Aí/3 S Cou?í' Co t'\ fill. 1-4 ,..J , 1'1 0';:
I
OL-I\JGN f7f...J ~", CouÑ""i\1 Df û,fN D(f6,D
. I
Locat~on
Description Annexation application request into the City of Encinitas and
the Cardiff Sanitation District of a 10.06 acre parcel within the City's Sphere ofInfluence, together
with a Tentative Parcel Map request to subdivide the property into two residential parcels (each in
excess of two acres) with a 5.7 acre open space easement. The property is located approximately
380 feet east of the terminus of Lone Hill Estates Court. APPLICANT: Gary Bukamier / Pasco
Engineering. CASE NO. 97-215 ANffPM/EIA.
Project Sponsor
~ ~'1 Be..( 1GAM-le ~
4ï~ 5 ~ !l..(L.t,{"7>Or-J ~í~
FINDING: AN '..H~',v\, G'J2 ßÐ1
(,7/4) "17q - ß lB I
Based upon information provided ~n the Initial Study, along with
Comments and Responses to the Notice of Preparation of a Negative
Declaration which have been presented to the City Council!rl~nnin,
Commi~~io"ICommunity ~dvi£ory ~Q~rd, City of Encinitas, at a duly
called meeting on Z2.. AP~lL I C{'iß the Council!Commic£ion/ßQ~rd
, finds that the project will not a have a significant effect on the
environment.
MITIGATION MEASURES:
Mitigation measures included in the project as a condition of
project approval to avoid potentially significant effects include:
~£ ~/"í'1 &u.¡JCtL. 12-£50 L\,l ï1 0 N No. 98 -:~ \
IS At/,+IÚ8t..e' A- r 71fé L!öM f'II 1.( ('I ì'1 D€'J ¡£Lo fÞCI'1T
A copy of the Initial Study h~~ becn ~tt~ched ~o cubct~n~~~to tho
finding. -pep-r . j (!.1ì"L1 D Ç' G¡.JelrJ/ TItS j t6òS So. v/A.l...cPfN AtJf3J(). é) éN c,roJ, ~ 5 I CA
,\"20 "Z. 1 - "1.'? "" f""""" (1'°) b~
'2 JLlrJ6 ICJ98 ~b R. ~. PlNJrJ&-
Date .fD~ Mayor, City Council
Chairman, rlanning Commi33ion
ehairman, Community ~dvi~ory ~o=rd
city of Encinitas
MB/04/BP2-144WP5 (7-12-90/3) 11
, 8 8
.
[LA IF C; (Q) 1600 Pacific Highway. Room 452
San Diego, CA 92101 . (619) 531-5400
San Diego Local Agency Formation Commission
Chairwoman
Dr. Lillian M. Childs July 9, 1998
Helix Water District
Vice Chairman
Bill Horn
County Board of TO: Subject Agencies
Supervisors
FROM: Executive Officer
Members Local Agency Formation Commission
Dianne Jacob
County Board of SUBJECT: Negotiation of Property Tax Transfer
Supervisors
Lori Howard An application for jurisdictional change has been submitted to the Local
Councilmember,
City of Santee Agency Formation Commission titled: "Bukamier Reorganization" (Ref.
Harry Mathis No. R098-13)
Councilmember,
City of San Diego The local agencies whose service areas or responsibilities would be altered
Julianne Nygaard by this jurisdictional change are: City of Encinitas, Cardiff Sanitation Dist,
Councilmember,
City of Carlsbad CSA No. 83
Ronald w. Wootton
Vista Fire Protection District The State Revenue and Taxation Code requires that negotiations be
Andrew L. Vanderlaan conducted to determine the amount of property tax revenues to be
Public Member transferred if this proposal is approved. The Auditor will send property tax
Alternate Members information to each subject agency for use in the negotiations.
Greg Cox Upon receiving the Auditor's information, the County and any subject city
County Board of
Supervisors have 60 days to complete negotiations and submit resolutions of
Shirley Horton agreement to LAFCO. A special district may negotiate on its own behalf if
Mayor, it would be providing a new service not previously provided by any agency.
City of Chula Vista If resolutions are received within the 60-day period, the proposal will be
Juan Vargas accepted for filing and scheduled for consideration by the Commission.
Councilmember,
City of San Diego
Bud Pocklington If this jurisdictional change is subject to a master property tax transfer
South Bay Irrigation District agreement on file with LAFCO, the above procedure and time limits do not
Guy W. Winton III apply. However, the Auditor will continue to provide data on property tax
Public Member revenues in the affected area for your information.
Executive Officer A copy of the preliminary staff report (PSR) is attached. If you have any
Michael D. Ott questions, please call the staffperson indicated below.
Counsel
John J. Sansone cc: Assessor By: Joe Convery
Auditor Local Governmental Analyst
Planning and Land Use (w/copy of fiscal info)
. 8 8
.
[lffi\ [F C; (Q) 1600 Pacific Highway. Room 452
San Diego, CA 92101 . (619) 531-5400
San Diego Local Agency Formation Commission
Chairwoman
Dr. Lillian M. Childs
Helix Water District July 9, 1998
Vice Chairman
Bill Horn
County Board of TO: Affected and Subject Agencies and Interested Parties
Supervisors
FROM: Executive Officer
Members Local Agency Formation Commission
Dianne Jacob
County Board of SUBJECT: "Bukamier Reorganization"
Supervisors
Lori Howard Ref. No. R098-13
Councilmember,
City of Santee
Harry Mathis The above-referenced proposal has been submitted to the Local Agency
Councilmember, Formation Commission (LAFCO) for review and recommendation.
City of San Diego
Julianne Nygaard To assist the Commission's staff in analyzing this proposal, your comments
Councilmember,
City of Carlsbad would be appreciated by 7/23/98. Please comment on any aspects or
Ronald W. Wootton possible effects of this proposal that you may feel are relevant.
Vista Fire Protection District
Andrew L. Vanderlaan Subject agencies are requested to prepare and submit any terms and
Public Member conditions to LAFCO as soon as possible.
Alternate Members
Greg Cox A copy of the preliminary staff report and the map for the territory involved
County Board of are attached for your reference. If you have any further questions, please
Supervisors contact the staffperson indicated below.
Shirley Horton
Mayor,
City of Chula Vista
Juan Vargas MICHAEL D. OTT
Councilmember, Executive Officer
City of San Diego
Bud Pocklington By: Joe Convery
South Bay Irrigation District Local Governmental Analyst
Guy W. Winton III CC: w/attachments:
Public Member City of Encinitas, Cardiff Sanitation Dist, CSA No. 83, CSA No. 17,
DPLU/Joan Vokac, DPW/Roads, Supervisor Pam Slater, San Dieguito
Executive Officer Planning Group, City of Encinitas, Cardiff Sanitation Dist, CSA No. 83
Michael D. ou Susan Baldwin, Senior Regional Planner
Counsel Regional Growth Management Review Board
John J. Sansone SANDAG
City 980
8 8
Preliminary Staff Report
San Diego LAFCO
Proposed: "Bukamier Reorganization" City of Encinitas (by petition)
Ref No: R098-13
Analyst: Joe Convery
Subject Agencies: City of Encinitas, Cardiff Sanitation Dist, County Service Area No. 83
Date Rec'd by LAFCO: 6/4/98
Out-of-Agency Agreement: No
Notice of Intent Sent: NA
Description/Justification: Proposed by resolution is a reorganization consisting of the annexation of
a 10.06-acre parcel to the City of Encinitas, and the annexation of a 4.3-acre portion of the parcel to the
Cardiff Sanitation District (SD). The reorganization will also involve the detachment of the entire 10.06
acre parcel from County Service Area No. 83. The City of Encinitas has approved a Tentative Parcel Map
(TPM 97-215) that would subdivide the property into two single-family residential parcels and a third
open-space parcel. Annexation to Encinitas and the Cardiff SD is necessary so that public services can
be provided to the residential parcels following development. The area not annexed to the Cardiff SD
will remain in open-space. The entire area is currently within CSA No. 83 (San Dieguito Local Parks),
and,since Encinitas provides park services within its boundaries, the area will be detached from the CSA.
Although the area is also within CSA No. 17 (San Dieguito Paramedics), CSA No. 17 provides services
to Encinitas as well as unincorporated areas, and the territory will not be detached from the CSA. The
area is currently within the Olivenhain Municipal Water District, and annexation for water services will not
be necessary. The territory is within the spheres of influence of both Encinitas and the Cardiff SD.
The County Board of Supervisors has adopted a Master Enterprise District Resolution (MEDR) stating
that property taxes will not be exchanged in changes of organization involving annexations to enterprise
districts. The MEDR will govern the annexation to the Cardiff SD. Since the City of Encinitas and the
County of San Diego do not have a master property tax agreement, annexation to the City will require
a negotiated property tax exchange.
General Plan/Zoning: County of San Diego General Plan land use designation is Estate Residential
(17) (1 DU/2-4 AC); County zoning is RR.5 (0.50 DUlAC); City of Encinitas prezoning is Rural Residential
0.26 - 0.50 DU/AC.
Location: North of Fortuna Ranch Road and east of Lone Hill Estates Court (Thos. Bros. pg. 1148 E/3).
Envir. Review Notes: Negative Declaration by the City of Encinitas
Tax Negotiations: MEDR [X] MPTA [] Negotiated [X]
Referrals: City of Encinitas, Cardiff Sanitation District, County Service Area No. 83, County Service Area
No. 17, Supervisor, 3rd Supervisorial District, County Department of Planning and Land Use (Attn: Joan
Vokac), County Public Works Department (Attn: Roads Division), San Dieguito Planning Group.
Sphere Amendment: Not Required Public Hearing [] Consent [X]
Fee Paid: Yes Date Paid: 6/22/98
Opened: 6/26/98 Status Letter Sent: 7/9/98
.
.
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BROS,:
8 8
u.& us Fish & Wildlife Service CA Dept. of Fish & Game
I"ISII . WILDI.D"I:
SERVICE Carlsbad Field Office 1416 Ninth Street
2730 Loker Avenue, West PO Box 944209
Carlsbad, CA 92008 Sacramento, CA 94244-2090
~ (619) 431-9440 (916) 653-9767
~ l'~
....-.' FAX (619) 431-9624 FAX (916) 653-2588
œUJUIVlŒill
February 9, 1998 EJ
Mr. Craig Olson, Associate Planner CITY OF ENCINtTAS
Community Development Department Fþ..~ 126c.'j) 'Z--C\- ,\eo
City of Encinitas
505 S. Vulcan Avenue
Encinitas, CA 92024-3633
Negative Declaration for the
Bukamier Tentative Parcel Map (APN: 264-451-06)
Dear Mr. Olson:
The Department ofFish and Game (Department) and United States Fish and Wildlife
Service (Service), collectively referred to as the Wildlife Agencies, have reviewed the proposed
Negative Declaration for the Bukamier Tentative Parcel Map in the City of Encinitas. The
proposed project is for the subdivision of 10.6 acres into two single family residential lots and
one 5.7 acre open space parcel and for the annexation of this property into the City of Encinitas.
The project is located at the easterly terminus of Dove Hollow Road in the Community of
Olivenhain in northwest San Diego County.
The project site was burned in the Elfin Forest fire in fall of 1996 and had previously
been cultivated in flower fields on the western end. Some coastal sage scrub habitat occurs on
the eastern end of the project site. The proposed project will not impact any natural vegetation,
and an open space easement on 5.7 acres has been dedicated as mitigation for the adjacent 20-
acre development which was developed by the same owner. The open space includes
approximately 3.0 acres of existing/recovering coastal sage scrub habitat and revegetation is
planned for 2.7 acres.
Management, monitoring and restoration of the open space parcel will occur as specified
in the "Habitat Mitigation Plan for Development of the Bukamier Property" prepared by Dudek
and Associates, May 22, 1997. The open space parcel has been set aside as an Irrevocable Offer
of Dedication to the City of Encinitas, with the future likelihood of being transferred to the
"managing entity" associated with the Multiple Habitat Conservation Plan (MHCP).
8 8
Mr. Craig Olson
February 9,1998
page 2
As there are no impacts to biological resources, the Wildlife Agencies concur with the
project as proposed. The proposed project is consistent with the Natural Community
Conservation Plan (NCCP) Conservation Guidelines and the with the MHCP currently being
prepared for the north west portion of San Diego County, including the lands within City of
Encinitas' jurisdiction. The open space lands are expected to be a part of the conserved lands
within the City of Encinitas' Subarea Plan and contribute to the regional preserve system.
If you have questions or comments on this letter, please contact Ms. Terri Stewart of the
Department by telephone at (619)467-4209 or Ms. Julie Vanderwier of the Service at (760) 431-
9440.
[Iudhž.rp4 Sincerely, .~
(tV
Ms. Gail Presley Barrett
NCCP Program Manager ield Supervisor
cc: Department of Fish and Game
Bill Tippets
Terri Stewart
San Diego
Lilia Martinez
Long Beach
u.S. Fish and Wildlife Service
Nancy Gilbert
Julie Vanderwier
Carlsbad
file:bukamier.jnt
...
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COMMUNITY DEVELOPMENT DEPARTMENT
LEGAL NOTICE OF
ENVIRONMENTAL REVIEW
AND COMMENT PERIOD
ENVIRONMENTAL INITIAL
ASSESSMENT (EIA) AVAILABLE FOR
REVIEW AT THE
PUBLIC COUNTER: COMMUNITY DEVELOPMENT DEPARTMENT
CITY CIVIC CENTER
505 SOUTH VULCAN A VENUE
Encinitas, CA 92024-3633
***********************************************************************************
Notice is hereby given that a 3D-day public review and comment period has been established pursuant to
California Environmental Quality Act (CEQA) Guidelines Section 15073 for the Environmental Initial
Assessment (EIA) which has been prepared for the proposed project as identified below.
CASE NUMBER: 97-215 TPMJANXÆIA FILING DATE: September 16, 1997
APPLICANT: Gary Bukamier / Pasco Engineering
LOCATION: Easterly Terminus of Dove Hollow Road (APN: 264-451-06),
DESCRIPTION: Tentative Parcel Map request to subdivide a 10.6 acre parcel into two single
family residential lots (each in excess of two acres in size) and a 5.7 acre
open space parcel for habitat restoration purposes. The application includes
a request for Annexation into the City of EnCÎnitas.
REVIEW AND
COMMENT
PERIOD: The Environmental Initial Assessment is available for public review at the
Community Development Department at the address noted above. The 30-
day public review and comment period has been established and is hereby
noticed to run from January 8,1998 to February 9, 1998 at 5p.m.
For further infonnation, or to review the application and/or the envirorunental documentation prior to
the close of the 3D-day comment and review period, contact Craig Olson at the Community
Development Department, 505 South Vulcan Avenue, Encinitas, CA 92024-3633; (760) 633-2713.
After the close of the 3D-day envirorunental review and comment period, responses to public comments
\\-ill be prepared and included in the Agenda Report for the public hearing before the Planning
Commission which will be noticed at a later date. The Planning Commission will utilize the EIA and
Comments/Responses as an infonnational resource during their deliberations related to the application
request.
'èdf'èro/f ,!envnot . doC. .... H. .HH...' ,'.' ,,- ." i.i.:-~~: ~ 'ecvc:ea :::aoer
- _.
~
8 8
ENVIRONMENTAL CHECKLIST
1. Project Title: ' TÐJí11ï7vÆ f!t1tL:£ t AI/fj)
. A'AJNE->CA.-71òiV
Gary L. Bukamier CA~ NO. C¡7-Z/S Mf . EI\JI//~f\ÌH6rJl1'rL ~6-5S¡WéNT
2. Lead Agency Name and Address:
City of Encinitas
505 S. Vulcan Avenue
Encinitas. CA 92024
3. Contact Person and Phone Number:
Craig Olson
760-633-2713
4. Project Location:
Easterly terminus of Dove Hollow Road
Encinitas, CA 92024
5. Project Sponsor's Name and Address:
Gary L. Bukamier
4745 East Bryson Street
Anaheim, CA 92807
6. General Plan Designation:
R.26-.50, Residential 1 unit per 2-4.4 acres.
7. Zoning:
Rural Residential
8. Description of Project: (Describe the whole action involved, including but not limited to later phases of the project,
and any secondary, support, or off-site features necessary for its implementation. Attach additional sheets if necessary)
Subdivision of one 10.06 acre parcel into three parcels of 5.70,2.23, and 2.13 acres. The 5.7 acre parcel
is covered by an open space easement and will be restored to native coastal sage scrub vegetation as
mitigation for impacts on the adjacent 20 acre development parcel which was developed by the same owner.
The other two parcels are designated for one residential unit each. Utilities will be extended to the 2
residential lots. The 10.06 acre parcel will be annexed into the City of Encinitas. The propeny has been II
annexed into the Cardiff Sanitation District.
9. Surrounding Land Uses and Settings: (Briefly describe the project's surroundings)
The surrounding land use in the immediate vicinitY is low densitY residential and undeveloped land.
10. Other public agencies whose approval is required (e.g., permits, fmancial approval, or participation agreement)
LAFCO
~ Gary L. Bukamier - Environmental Initial Study
Prepared for the City of Encinitas By P&D ENVIRONMENTAL SERVICES September 1997 Page 1 of 9
8 8
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
These environmental factors checked below would be potentially affected by this project, involving at least one impact that
is a "Potentially Significant Impact" as indicated bv the checklist on the following pages:
0 Land Use and Planning 0 Transportation! Circulation 0 Public Services
0 Population and Housing IX] Biological Resources 0 Utilities and Services Systems
0 Geological Problems 0 Energy and Mineral Resources D Aesthetics
0 Water D Hazards D Cultural Resources
0 Air Quality 0 Noise 0 Recreation
0 Mandatory Findings of Significance
DETERMINATION
On the Basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the environment and a NEGATIVE 0
DECLARA nON will be prepared.
I find that although the proposed project could have a significant effect on the environment, there will not be a ø
significant effect in this case because the mitigation measures described on an attached sheet have been added to the
project. A NEGA rIVE DECLARA nON will be prepared.
I fmd that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL 0
IMPACT REPORT is required.
I fmd that the proposed project MAY have a significant effect(s) on the environment, but at least one effect 1) has
been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed 0
by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially
significant impacts" or "potentially significant unless mitigated." An ENVIRONMENTAL IMP ACT REPORT is
required, but it must analyze only the effects that remain to be addressed.
I fmd that although the proposed project could have a significant effect on the environment, there WILL NOT be
a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an 0
earlier EIR, pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR,
including revisions or mitigation measures that are imposed upon the proposed project.
Signature Date
City of Encinitas
Printed Name For
~ Gary L. Bukamier - Environmental Initial Study
Prepared for the City of Encinitas By P&D ENVIRONMENTAL SERVICES September 1997 Page 2 of 9
,
8 8
EVALUATION OF ENVIRONMENTAL IMPACTS:
1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information
sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if
the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. the
project falls outside a fault rupmre zone). A "No Impact" answer should be explained where it is based on project-specific
factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project-
specific screening analysis).
2) All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as
project-level, indirect as well as direct, and construction as well as operational impacts.
3) "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant if there are one
or more "Potentially Significant Impact" entries when the determination is made, an EIR is required.
4) "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced
an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must describe the
mitigation measures, and briefly explain how they reduce the effect to a less significant level (mitigation measures from
Section XVII, "Earlier Analyses," may be cross-referenced).
5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been
adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). Earlier analyses are discussed in
Section XVII at the end of the checklist.
~ Gary L. Bukamier - Environmental Initial Study
Prepared for the City of Encinitas By P&D ENVIRONMENTAL SERVICES September 1997 Page 3 of 9
8 8
Potentially
Potentially Significant Less than
Significant Unless Mitigation Significant
Issues Impact Incorporated Impact No Imnact
I. LAND USE AND PLANNING. Would the proposal:
a) Conflict with general plan designation or zoning? (1,2) 0 0 D r¿-
b) Contlict with applicable environmental plans or policies 0 0 D r¿-
adopted by agencies with jurisdiction over the project?
(1)
c) Be incompatible with existing land use in the vicinity? 0 D D r¿-
(1,3. (and 9 above»
d) Affect agricultural resources or operations (e.g. 0 0 D r¿-
impacts to soils or farmlands, or impacts from
incompatible land uses)? (3)
e) Disrupt or divide the physical arrangement of an 0 0 D r¿-
established community (including a low-income or
minoritY communitY)? (3)
II. POPULATION AND HOUSING. Would the proDosal:
a) Cumulatively exceed official regional or local 0 D D r¿-
population projections? (3)
b) Induce substantial growth in an area either directly or 0 D D r¿-
indirectly (e.g., through projects in an undeveloped
area or extension of major infrastructure)? (3)
c) Displace existing housing, especially affordable 0 D D r¿-
housing? (3)
ffi. GEOLOGIC PROBLEMS. Would the proposal result in or expose peoDle to potential impacts involving:
a) Fault rupture? (4) 0 D D r¿-
b) Seismic ground shaking? (4) D 0 D r¿-
c) Seismic ground failure, including liquefaction? (4) D D D r¿-
d) Seiche, tsunami or volcanic hazard? (4) 0 0 D r¿-
e) Landslides or mudflows? (4) 0 0 D r¿-
f. Erosion, changes in topography or unstable soil 0 0 D r¿-
conditions from excavation, grading or fill? (3,4)
g) Subsidence of the land? (4) 0 0 D r¿-
h) Expansive soils? (4) D D D r¿-
I) Unique geologic or physical features? (3,4) D 0 D r¿-
IV. WATER. Would the pronosal result in:
(J Gary L. Bukamier - Environmental Initial Study
Prepared for the City of Encinitas By P&D ENVIRONMENTAL SERVICES September 1997 Page 4 of 9
8 8
Potentially
Potentially Significant Less than
Significant Unless Mitigation Significant
Issues ImDact Incorporated Impact No ImDact
a) Changes in absorption rates, drainage patterns, or the 0 0 ¡¿ 0
rate and amount of surface runoff? (3)
b) Exposure of people or property to water related 0 0 0 ¡¿
hazards such as flooding? (3)
c) Discharge into surface waters or other alteration of 0 0 0 ¡¿
surface water quality (e.g., temperature, dissolved
oxygen or turbidity)? (3)
d) Changes in currents, or the course or direction of water 0 0 0 ¡¿
movements? (3)
e) Changes in the amount of surface water in any water 0 0 0 ¡¿
body? (3)
t) Change in quantity of groundwaters, either through 0 0 0 ¡¿-
direct additions or withdrawals, or through interception
of an aquifer by cuts or excavations or through
substantial loss of groundwater recharge capacity? (3)
g) Altered direction or rate of flow of groundwater? (3) 0 0 0 ¡¿
h) Impacts to groundwater quality? (3) 0 0 0 ¡¿
1) Substantial reduction in the amount of groundwater 0 0 0 ¡¿
otherwise available for public water supplies? (3)
V. AIR QUALITY. Would the proposal:
a) Violate any air quality standard or contribute to an 0 0 0 ¡¿
existing or projected air quality violation? (3)
b) Exposure sensitive receptors to pollutants? (3) 0 0 0 ¡¿
c) Alter air movements, moisture, or temperature or 0 0 0 ¡¿
cause any change in climate? (3)
d) Create objectionable odors? (3) 0 0 0 ¡¿
VI. TRANSPORTATION/CIRCULATION. Would the oroDosal result in:
a) Increased vehicle trips or traffic congestion? (3) 0 0 ¡¿ 0
b) Hazards to safety from design features (e.g., sharp 0 0 0 ¡¿
curves or dangerous intersections) or incompatible uses
(e.g., fann equipment)? (3)
c) Inadequate emergency access or access to nearby uses? 0 0 0 ¡¿
(3)
d) Insufficient parking capacity on-site or off-site? (3) D D D ¡¿-
e) Hazards or barriers for pedestrians or bicyclists? (3) D D D ¡¿
t) Conflicts with adopted policies supporting alternative D D D ¡¿
transDortation (e.!!., bus turnouts, bicycle racks)? (3)
(J Gary L. Bukamier - Environmental Initial Study
Prepared for the City of Encinitas By P&D ENVIRONMENTAL SERVICES September 1997 Page 5 of 9
8 8
Potentially
Potentially Significant Less than
Significant Unless Mitigation Significant
Issues Impact Incoroorated Impact No Impact
g) Rail, waterborne or air traffic impacts? (3) D D D Qf
VII. BIOLOGICAL RESOURCES. Would the oroposal result in impacts to:
a) Endangered, threatened or rare species or their habitats D D Qf D
(including but not limited to plants, fish, insects,
animals or birds)? (3,5)
b) Locally designated species (e.g., heritage trees)? (3,5) D D D Qf
c) Locally designated natural communities (e.g., oak D D Qf D
forest, coastal habitat, etc.)? (3,5)
d) Wetland habitat (e.g., marsh riparian and vernal poo!)? D D D Qf
(3)
e) Wildlife dispersal or migration corridors? (3,5) D 0 0 Qf
VIII. ENERGY AND MINERAL RESOURCES. Would the oroposal:
a) Conflict with adopted energy conservation plans? (3) D 0 0 Qf
b) Use non-renewable resources in a wasteful and D 0 0 Qf
inefficient manner? (3)
c) Result in the loss of availability of a known mineral D 0 0 Qf
resource that would be of future value to the region and
the residents of the State? (3)
IX. HAZARDS. Would the proposal involve:
a) A risk of accidental explosion or release of hazardous D 0 0 Qf
substances (including, but not limited to: oil.
pesticides, chemicals or radiation)? (3)
b) Possible interference with an emergency response plan D 0 0 Qf
or emergency evacuation plan? (3)
c) The creation of any health hazard or potential health D 0 0 Qf
hazard? (3)
d) Exposure of people to existing sources of potential D 0 0 Qf
health hazards? (3)
e) Increased fire hazard in areas with flammable brush D 0 0 Qf
grass. or trees? (3)
X. NOISE. Would the proposal result in:
a) Increases in existing noise levels? (3) D 0 0 Qf
b) Exposure of people to severe noise levels? (3) 0 0 0 ¡¿-
XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any
of the followinl! areas:
(J Gary L. Bukamier - Environmental Initial Study
Prepared for the City of Encinitas By P&D ENVIRONMENTAL SERVICES September 1997 Page 6 of 9
8 8
Potentially
Potentially Significant Less than
Significant Unless Mitigation Significant No Imnact
Issues ImDact IncorDorated ImDact
a) Fire protection? (3) D D 0 ¡¿-
b) Police protection? (3) D D D ¡¿-
c) Schools? (3) D. D D ¡¿-
d) Maintenance of public facilities, including roads? (3) D D D ¡¿-
e) Other governmental services? (3) D D D ¡¿-
XII. UTILITIES AND SERVICE SYSTEMS. Would the proposal result in a need for new systems or supplies or substantial alterations
to the following utilities:
a) Power or natural gas? (3) D D D ¡¿-
b) Communications systems? (3) D D D ¡¿-
c) Local or regional water treatment or distribution D D D ¡¿-
facilities? (3)
d) Sewer or septic tanks? (3) D D D ¡¿-
e) Stonn water drainage? (3) D D D ¡¿-
t) Solid waste disposal? (3) D D D ¡¿-
g) Local or regional water suppliers? (3) D D D ¡¿-
XIII. AESTHETICS. Would the proposal:
a) Affect a scenic vista or scenic highway? (3) D D D ¡¿-
b) Have a demonstrable negative aesthetic effect? (3) D D D ¡¿-
c) Create light or glare? (3) D D 0 ¡¿-
XIV. CULTURAL RESOURCES. Would the proposal:
a) Disturb paleontological resources? (3,6) D D D ¡¿-
b) Disturb archaeological resources? (3,6) D 0 0 ¡¿-
c) Affect historical resources? (3,6) D 0 0 ¡¿-
d) Have the potential to cause a physical change which D 0 D ¡¿-
would affect uniQue ethnic cultural values? (3,6)
(J Gary L. Bukamier - Environmental Initial Study
Prepared for the City of Encinitas By P&D ENVIRONMENTAL SERVICES September 1997 Page 7 of 9
8 8
Potentially
Potentially Significant Less than
Significant Unless Mitigation Significant
Issues Imnact Incornorated Impact No Imnact
e) Restrict existing religious or sacred uses within the D D D b2f
potential impact area? (3,6)
XV. RECREATION. Would the Dronosal:
a) Increase the demand for neighborhood or regional D D D b2f
parks or other recreational facilities? (3)
b) Affect existing recreational opportunities? (3) D D D b2f
XVI. MANDATORY FINDINGS OF SIGNIFICANCE.
a) Does the project have the potential to degrade the D D D b2f
quality of the environment, substantially reduce the
habitat of a fish or wildlife species, cause a fish or
wildlife population to drop below self-sustaining levels,
threaten to eliminate a plant or animal community,
reduce the number or restrict the range of a rare or
endangered plant or animal or eliminate important
examples of the major periods of California history or
prehistory? (3)
b) Does the project have the potential to achieve short- D D D b2f
tenD, to the disadvantage of long-tenD, environmental
goals? (3)
c) Does the project have impact that are individually D D D b2f
limited, but cumulatively considerable? ("Cumulatively
considerable" means that the incremental effects of a
project are considerable when viewed in connection
with the effects of past projects, the effects of other
current projects and the effects of probable future
projects.)
d) Does the project have environmental effects which will D D D b2f
cause substantial adverse effects on human beings,
either directly or indirectly?
XVTI, EARLIER ANALYSES
Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have
been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a discussion should
identify the following on attached sheets:
a) Earlier analyses used. Identify earlier analyses and state where they are available for review. Biological Mitigation Plan (5) and
Cultural Resources Assessment (6), available at the City of Encinitas Planning Department
b) Impacts adequately addressed. Identify which effects from the above checklist where within the scope of and adequately analyzed
in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation
measures based on the earlier analysis.
c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures
which were incorporated or refilled from the earlier document and the extent to which they address site-specific conditions for
the project.
Authority: Public Resources Code Sections 21083 and 21087.
Reference: Public Resources Code Sections 21O80(c), 21080.1, 21080.3, 21082.1, 21083. 21083.3, 21093, 21094, 21151;
Sundstrom, County of Mendocino, 202 Cal. App. 3d 296 (1988), Leonoff v. Monterey Board of Supervisors, 222 Cat App. 3d 1337.
(1990).
~ Gary L. Bukamier - Environmental Initial Study
Prepared for the City of Encinitas By P&D ENVIRONMENTAL SERVICES September 1997 Page 8 o.f 9
8 8
1. City ofEncinitas General Plan, Adopted March 29, 1989.
2. City of Encinitas Municipal Code
3. Site Conditions and Impact SlImm;lry- The site consists of 10.06 acres of vacant land. Some of the parcel was
used for growing cut flowers until the October 1996 brush fire destroyed the crop. The entire parcel shows
evidence of the fIre. Some of the parcel previously supported coastal sage scrub vegetation that was also burned
in the fire. Minor mechanical clearing has been done in some areas. Wether or not this was a result of fire-
fighting activities is undetennined.
The 10.06 acre parcel will be annexed into the City of Encinitas. The one 10.06 acre parcel will be subdivided
into three parcels of 5.70,2.23, and 2.13 acres.
Two parcels are designated for one residential unit each. Development of the two residential lots will result in
an insignificant increase in the use of public utilities, i.e. electricity, natural gas, water, and sewer. Utilities will
be extended to the residential lots. The property has been annexed into the Cardiff Sanitation District. Access
to the site will be via Fortuna Ranch Road and a private drive. These will not be publicly maintained. An
insignificant increase in demand on other public facilities i.e. public safety, schools, and parks may occur. The
proposed housing density is within existing General Plan and Zoning guidelines (1 du/ 2 ac. max.) and could
not be considered growth inducing and will have no significant effect on housing supply or demand in the area.
The project will not result in a significant increase in traffic and associated noise and air quality degradation.
The project will be constructed in confonnance with all applicable sections of the City of Encinitas Municipal
Code.
The property owner developed the adjacent 20 acre site. As a condition of approval, the 5.7 acre parcel is
covered by and open space easement and will be restored to native coastal sage scrub vegetation as mitigation.
The open space easement is recorded on August 29, 1997 Document No. 1997-0418069. The agreement is titled
"Covenant Regarding Real Property Biological Open Space Conservation Easement and Irrevocable Offer of
Dedication Deed Restriction." The open space lot is also subject to a habitat mitigation plan titled "Habitat
Mitigation Plan for Development of the Bukamier Property, City of Encinitas, San Diego County, California."
4. Geologic Issues - The nearest known active fault (i.e., fault with evidence of movement within the last 11 ,000
years) is the Rose Canyon Fault, about six miles west of the site. The maximum probable earthquake on this
fault is magnitude 6.5, with maximum peak horizontal bedrock acceleration of 0.34g. There is no known
faulting on the site, indicating no fault-rupture hazard. The natural soil of the site is San Miguel-Exchequer
rocky silt loam. These soils are not subject to liquefaction as they are usually located on shallow baserock.
Expansiveness of this series ranges from high to low depending on the dominance of the major soil type. San
Miguel soils are highly expansive and Exchequer have low shrink/swell characteristics. Standard grading and
compaction techniques will eliminate potential soil expansiveness problems.
The site is more than 400 feet above sea level eliminating any danger from Tsunami-type events.
5. Dudek and Associates, 10997. Habitat Mitigation Plan for Development of the Bukamier Property, City of
Encinitas, San Diego County, California.
6. ASM Affiliates, 1997. Cultural Resource Survey of the Bukamier Property. This report indicates that no
cultural resources were found on the site. A records search found no records of prehistoric or historically
significant artifacts on or near the site.
TMI Environmental Services, 1989. Cultural Resources Assessment for 10+ Acres in Oilvenhain. Gagliano
TPM, Case #89-111, Encinitas. This report indicates that there were no cultural resources located on the 10
acre parcel adjacent to the site on the west. The report also states that conditions to not appear conducive to
extensive use by native Americans. The 1989 records search indicates the nearest recorded cultural resource
site is more than one mile south of the project site.
(J Gary L. Bukamier - Environmental Initial Study
Prepared for the City of Encinitas By P&D ENVIRONMENTAL SERVICES September 1997 Page 9 of 9
8 j .:. S .:. I 8
. .
a f f I I I a t e S
December 22, 1997
Mr. Ty Garrison
P & D Environmental Services
4û1 West"" A" Street, Suite 2500
San Diego, California 9210 1
Re: Cultural Resource Survey of the Bukamier Property
Dear Mr. Garrison:
This report presents the results of a cultural resources survey conducted by ASM Affiliates of the
Bukamier property located witllln the City of Encinitas, California (Figure 1). The smdy was performed
to determine the presence or absence of potentially significant prehistoric and historic resources within the
project boundaries in accordance with the California Environmental Quality Act. It consisted of a review
of all site records and reports on file with the San Diego Museum of Man and the South Coastal
Information Center at San Diego State University, followed by an intensive pedestrian survey of the
project. The smdy proved negative in that no cultural resources were identified as a result of both the
survey and records search. The project description, cultural setting, smdy methods, results, and potential
impacts and recommendations are provided below.
Project Description
The proposed project is a minor subdivision of one 10.06-acre-parcel into three parcels of 5.70,
2.23, and 2.13 acres. The 5. 7-acre parcel is covered by an open space easement and will be restored to
native coastal sage scrub vegetation as mitigation for impacts on the adjacent 20-acre parcel that was
developed by the same owner. The other two parcels are designated for one residential unit each. Utilities
will be extended to the residential lots. The 1O.06-acre parcel will be annexed into the City of Encinitas,
and already has been annexed into the Cardiff Sanitation District.
The surrounding land use in the immediate vicinity is low-density residential and undeveloped
land. Some of the parcel was used for growing cut t1owers until the October 1996 brush fire destroyed
the crop. The entire parcel shows evidence of the tire. Some of the parcel previously supported coastal
sage scrub vegetation that was also burned in the fire. Minor mechanical clearing has been done in some
areas; whether or not this was a result of fire-fighting activities is undetermined.
Cultural Setting
Archaeological and ethnographic information indicates that this area of San Diego County has
been occupied by Native Americans for nearly 10,000 years. The earliest evidence is that known as the
San Dieguito Complex, a generalized hunter-gatherer band level society documented at sites throughout
the littoral region and typified by assemblages with finely crafted scrapers and large knives. By roughly
8500 B.P., Early Archaic groups displaced the San Dieguito, intensively occupying the immediate coastal
areas of southern California, including San Diego County where they are referred to as the La Jolla.
Evidence of the Kumeyaay culmre, first found in the archaeological record around 2,500 years ago in the
southern and central areas of the county, represents the final major, indigenous culture-historic horizon.
Known regionally as the Late PrehistOric, this period ended with the arrival of the first Europeans
. 543 Encinitas Blvd., Ste. 114, Encinitas. GA 92024 .
Voice: [619] 632-1094 .:. FAX: [619] 632-0913
.
8 8
Mr. Ty Garrison
December 22, 1997
Page 2 of 2
demarcating advent of the historic times. Archaeological survey of property similar to that of the proposed
project indicates that sites related to Early Archaic use and occupation would be most likely given known
settlement patterns.
Study Methods
The methods used to assess the presence or absence of cultural resources within the property
included a records search and intensive field reconnaissance. The record searches were obtained from the
South Coastal Information Center (SCIC) at San Diego State University and the San Diego Museum of
Man (SDMM). The survey was conducted by John R. Cook, S.O.P.A., Principal, and Ken Victorino,
Associate Archaeologist, December 12, 1997. The relatively level portions of the project were intensively
examined at roughly lO-meter intervals, while the canyon and drainage were surveyed intuitively. In
general, ground visibility ranged from excellent to moderate. No problems were encountered accessing
and surveying the project area.
Study Results
A review of site records disclosed that no archaeological sites have been recorded within the
project property, though two small linear alignments through the property had been previously surveyed,
both of which were negative. Moreover, information provided by SCIC and SDMM indicates that there
are no previously recorded sites within the vicinity of the property.
Intensive survey of the project area proved negative in that no prehistoric or historic resources
were identified. The absence of cultural resources is, however, not particularly surprising given the results
of previous surveys in the region and the disturbed condition of the property.
Potential Impacts and Management Recommendations
Implementation of the proposed project will involve grading for construction of two residential
dwellings and related facilities. Record search results indicate that no cultural resources have been
recorded within the project property, and intensive survey did not result in the identification of any
prehistoric or historic cultural resources. As such, it is concluded that implementation of the project will
not result in adverse direct or indirect impacts to cultural resources and mitigation measures are not
deemed necessary.
Should you have any questions regarding this study, please do not hesitate to call me.
~~
Principal
Attachments: Figure 1 - U.S.G.S. quadrangle showing project location
Confidential Records Search
I
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City of Encinitas ),. ~
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f'1 f SPACE ABOVE FOR RECORDER'S USE
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COVENANT REGARDING REAL PROPERTY
BIOLOGICAL OPEN SPACE I
CONSERVATION EASEMENT AND
IRREVOCABLE OFFER OF DEDICATION
DEED RESTRICTION
Assessor Parcel
Number: 264-451-06
This Open Space Conserv~tion Easement and Irrevocable Offer of Dedication is made this J~
day of ~E: , 1997, by Gary L. Bukamier in favor of the City of Encinitas.
A. Gary L. Bukamier ("OWNER" hereinafter) is the owner of real property which is
commonly known as the "former Distefan" property located north of Fortuna Ranch Road and
southwesterly of Rancho Summit Drive within the Sphere of Influence of the City of Encinitas
("PROPERTY" hereinafter) and which is legally described as:
Parcell of Parcel Map No. 4645, in the County of San Diego, State of California,
according to Parcel Map thereof filed April 16, 1976 in the Office of the County
Recorder of San Diego County.
B. In consideration of Grading and Building Permit approval on adjoining property to the
west (Map. No. 13208; Lots 1, 2, and 3) within the City of Encinitas ("CITY" hereinafter) and to
implement the requirements of the "Habitat Mitigation Plan for Development of the Bukamier Property"
(Dudek & Associates; May 22, 1997), OWNER agrees to the following:
See Exhibit" 1" which describes the area of PROPERTY which is offered for dedication
to CITY and is restricted from grading and development as described below. Exhibit" 1 "
is attached heret(:} aad maQe a1*Ht hereof.
C. This Covenant restricts grading and development on the portion of the PROPERTY as
described in Exhibit" 1" and creates a perpetual biological easement for open space over, upon, across
and under the area defined in Exhibit" 1" and prohibits any development, including but not limited to,
cdIcro/f:dedrestl.doc(6-II-97)
8 - 8
390
alteration of landforms, excavation or grading, removal of live vegetation, or the erection of structures
of any type (except for open" rail" fencing as may be approved by CITY and the state and federal
Wildlife Agencies to protect the habitat resource from large animal grazing) in the area described in
Exhibit" 1" and requires the implementation of a regeneration plan for Coastal sage scrub habitat as
described in the Dudek Mitigation Plan referenced in paragraph "B" above.
D. OWNER hereby offers to grant, convey and/or release unto CITY the restricted
PROPERTY as described in Exhibit" 1" upon request by CITY and acceptance at any time by CITY
pursuant to Section 7050 of the Government Code of the State of California.
E. OWNER grants said easement to CITY and unto its successors and assigns forever
together with the right to convey said easement, or any portion of said easement, to other public
agencies, or their assigns, for the purpose of maintaining the biological open space resource.
F. This Covenant and Offer of Dedication shall be irrevocable and shall run with the land
and be binding upon and inure to the benefit of any future owners, encumbrances, successors, heirs,
personal representatives, transferees and assigns of the respective parties.
G. At the time of acceptance of this offer by CITY any and all trust deed(s) shall be
subordinated to this Offer of Dedication.
H. OWNER agrees that OWNER'S duties and obligations under the Covenant are a lien
upon the PROPERTY. Upon notice and opportunity to respond, CITY may add to the property tax bill
of the PROPERTY any past due financial obligation owing to CITY by way of this Covenant.
I. If either party is required costs to enforce the provisions of this Covenant, the prevailing
party shall be entitled to full reimbursement of all costs, including reasonable attorney's fees, from the
other party.
J. Failure of the OWNER to comply with the terms of this Covenant shall constitute consent
to the filing by CITY of a Notice of Violation of Covenant.
K. By action of the City Council, the CITY may assign to a person or persons impacted by
the performance of this Covenant, the right to enforce the Covenant against OWNER.
L. If evidence is presented to CITY from the U.S. Fish & Wildlife Service and the
California Department of Fish & Game that impacts to Coastal sage scrub on PROPERTY are not
subject to restrictions pursuant to state and federal law, the CITY shall record a Release of Covenant and
this document will become null and void and the restricted area will be allowed to develop in accordance
with land use standards and environmental regulations in effect at the time development within the
previously restricted area is proposed to occur.
cdIcro/f:dedrestl.doc(6-11-97)
8 - 8
391
M. Any notice, demand, request, consent, approval, or communication that either party
desires or is required to give to the other shall be made in writing and either served personally or sent'
by fITst class mail, postage prepaid, addressed as follows:
To Owner: Gary L. Bukamier
4745 East Bryson Street
Anaheim, CA 92087
(714) 779-8781 (x1O2)
To City: City of Encinitas
505 So. Vulcan Avenue
Encinitas, CA 92024
(760) 633-2611
ACCEPTED AND AGREED:
Date: 6-/7- 97 ~~ßjA<-'
OWNER: G L. Bukamier
~tL.
Date: ~-r7-7'7
UTe: Wassennan, City Manager ..........
"-
(Acknowledgments Attached)
GOVERNMENT CODE SECTION 27281
I, Lauren Wasserman, certify on behalf of the City Council of the City of Encinitas
.(pursuant to authority conferred by Resolution 87-72 of said Council adopted on
July 27, 1987) that the City of Encinitas consents to the making of the foregoing
Irrevocable Offer of Dedication and consents to recordation thereof by its duly
authorized officer,
cdIcro/f:dedrestl,doc(6-11-rn)
8 8
RESOLUTION 87-72 392
. '.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ENCINITAS, CALIFORNIA
AUTHORIZING THE CITY MANAGER TO ACCEPT
OFFERS OF DEDICATION OF REAL PROPERTY
AND SUBDIVISION IMPROVEMENT AGREEMENT
BE IT RESOLVED by the city Council of the City of
Encinitas, California, that the City Manager is authorized to
accept on behalf of the City Council offers of dedication of real
property and subdivision improvement agreements upon a
recommendation of the Director of Public Works and the Director
of Planning and Community Development.
BE IT FURTHER RESOLVED that the city Manager is authorized
to act on behalf of the City in the above described transactions.
PASSED AND ADOPTED this 27th day of July, 1987, by the
following vote, to wit:
AYES: Mayor Gaines, Council Members Luke, Omsted, Shea, Steel
NAYS: None
ABSENT: None -
.
GAINES, Mayor of the
Encinitas, California
ATTEST:
BW/kh/CROl-87-72.res (REV. 7-23-87) ~
, ~pa.ge it '
~ook #
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393
STATE OF CALIFORNIA)
) SS
COUNTY OF SAN DIEGO)
On June 17, 1997, before me, Leona V. Kauflin, Notary Public, appeared Gary L.
Bukamier, proved to me on the basis of satisfactory evidence to be the person whose name
is subscribed to the within instrument and acknowledged to me that he executed the same in
his authorized capacity, and that by his signature on the instrument, the person, or the entity
upon behalf of which the person acted, executed the instrument.
WIlNESS my hand and official seal.
~~""L~~'~'V~K~~fti~'l .
1'1 Comm.III044127 9 ~ ~
. . . NOTARY PUIILJC-C,OLIFQfUM ,
~ ' ... ~ . SAM DIEGO COUNTY ~ ~../ V. . J.
t...~~....~....:-:,.~~~.~~~~~.j Leona V. Kauflm, Notary PublIc
G:\PL-95\ACK-BUKA
-
EXHIBIT "1"
AREA OF RESTRICTION AND IRREVOCABLE 394
OFFER OF DEDICATION OF PROPERTY
OPENSPACE EASEMENT PLAT
.
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- PARCEL 2
...... PARCEL 1
a 4.36 AC. GROSS
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4.12 AC. NET
PARCEL MAP 4645
PARCEL 3 I PARCEL 4
LINE BEARING DISTANCE
L1 N88 °24' 37"E 647.68'
L2 S01°49'35"E 672.48'
L3 N88°09'54"E 25.00'
L4 N27"48'09"W 216.90'
L5 S88°09'54"W 30.00'
L6 N57 °08' 13"W 158. 10'
L7 S83°49'26"W 50.00'
L8 N55"08'06"W 112.35'
L9 S49°31'58"E 1j 0,23'
L10 N67°14'05"W 103. 19'
L11 N36"26'53"W 94.72.'
L12 N01 °11 . 38"W 131. 80'
PE 732
8 8
395
PE 732
EXHIBIT "I" (continued)
mAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 4645, IN TIIE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF FILED APRIL 16, 1976 IN TIIE
OFFICE OF TIIE COUNTY RECORDER OF SAN DIEGO COUNTY. LYING NORTIIEASTERL Y OF
THE FOLLOWING DESCRIBED LINE.
,
BEGINNING AT A POINT ON THE SOUTIIERL Y LINE OF SAID PARCEL 1, DISTANT TIIEREON
SOUTIf 88°09'54" WEST 25.00 FEET; FROM THE SOUTIIEASTERLY CORNER TIIEREOF.
THENCE NORm 27°48'09" WEST 216.90 FEET; THENCE SOUTIf 88°09'54" WEST 30.00 FEET;
TIIENCE NORTH 57°08'13" WEST 158.10 FEET; SOUTIf 83°49'26" WEST 50.00 FEET; TIIENCE
NORm 55° 08'06" WEST 112.35 FEET; THENCE NORm 49°31'58" WEST 110.23 FEET;
THENCE NORTH 67°14'05" WEST 103.19 FEET; THENCE NORTH 36°26'53" WEST 94.72 FEET
TO A POINT IN TIIE WESTERL Y LINE OF SAID PARCEL 1.
. 8 8
,
ENCINIT AS LANDSCAPE AND LIGHTING DISTRICT
(Pursuant to the Landscaping and Lighting Act of 1972)
TO THE HONORABLE, THE CITY COUNCIL OF THE CITY OF ENCINITAS:
1. The undersigned are the owners of land to be annexed to the City of Encinitas described as the Southeast
Quarter of the Southwest Quarter of Section 4, Township 13 South, Range 3 West, San Bernardino Base and
Meridian in the County of San Diego, State of California, The property is listed on the County Assessors roll as
APN 264-451-06, and more particularly described in the attached Exhibit B.
2. The undersigns requests that this land be included with Zone A of the Encinitas Landscape and Lighting
District and be assessed annually for the cost of improvements and maintenance as described in the attached
Exhibit A.
3. The undersigned hereby waives the right to any further notice and public hearing of the formation of the
specified zone within the assessment district.
4, The request may be executed in any number of counterparts, each of which shall be deemed an original, and all
of which together shall constitute one instruments.
Property Owners
Dated: ~ IJ.¡I1~J' /~a~~
I
e 8
EXHIBIT A
DESCRIPTION OF IMPROVEMENTS AND MAINTENANCE
The improvements consist of the construction, operation, maintenance and servicing of street lighting,
traffic signals, landscaping, and park and recreational facilities and appurtenant facilities, including but
not limited to, personnel, electrical energy, utilities such as water, materials, contracting services, and
other items necessary for the satisfactory construction, operation, maintenance, and servicing of the
improvements described below:
Street Lighting and Traffic Signals Improvements
Poles, fixtures, bulbs, conduits and miscellaneous equipment including guys, anchors, posts and
pedestals, metering devices, controllers and appurtenant facilities as required to provide street lighting
and traffic signals located within public rights-of-way and easements within the boundaries ofthe
district.
A map showing the location of all street lights and traffic signals within the District, is on file in the
office of the City Engineer ofthe City of Encinitas and is made a part this Exhibit by reference.
Landscaping Improvements
Landscaping, plantings, shrubbery, trees, irrigation systems, hardscapes, fixtures, sidewalk maintenance
and appurtenant facilities located within parkways, medians, parks recreation areas, trails, city building
grounds, street right-of-ways and dedicated easements which are within the boundaries of the District.
The street medians that are being maintained within the District are generally located within the four lane
roadways (or larger), or within roadways that provide a district-wide benefit as designated by the City
Engineer.
Park and Recreation Improvements and Appurtenant Facilities
Playgrounds, playground equipment, park furniture, site amenities, and appurtenant facilities in public
parks and recreation areas within the boundaries of the District.
Maintenance means the furnishing of services and materials for the ordinary and usual maintenance,
operation and servicing of the landscaping, public lighting facilities, parks and recreation facilities and
appurtenant facilities, including repair, removal or replacement of all or part of any of the landscaping,
public lighting facilities, parks and recreation facilities, or appurtenant facilities; providing for the life,
growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying,
fertilizing and treating for disease of injury; and the removal of trimmings, rubbish, debris and other
solid waste.
Servicing means the furnishing of water for the irrigation of the landscaping and maintenance of any of
the public lighting facilities, park and recreational improvements or appurtenant facilities and the
furnishing of electric current or energy, gas or other illuminating agent for he public lighting facilities, or
for the lighting or operation of landscaping, park and recreation facilities or appurtenant facilities. This
will also include the administrative costs associated with operating the district.
Estimated cost for the maintenance for Fiscal Year 1998-1999 if $5 .22 per single family unit.
~ .
1 8
,
,
EXHIBIT B
PROPERTY INCLUDED
PARCEL 1 OF PARCEL MAP 4645, RECORDED APRIL 16, 1976, AS FILE PAGE 76-114282 OF
OFFICIAL RECORDS, BEING WITHIN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 1; THENCE ALONG THE
NORTH LINE OF SAID PARCEL, NORTH 88 24'27" EAST, 647.68 FEET, TO THE NORTHEAST
CORNER OF SAID PARCEL; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID PARCEL
1, SOUTH 1 49'35" EAST, 672.48 FEET, TO THE SOUTHEAST CORNER OF SAID PARCEL 1;
THENCE WESTERLY ALONG THE SOUTHERLY LINE OF SAID PARCEL 1, SOUTH 8809'54"
WEST, 652.38 FEET, TO THE SOUTHWEST CORNER OF SAID PARCEL 1; THENCE
NORTHERLY ALONG THE WEST LINE OF SAID PARCEL 1, NORTH 1 25'40" \VFST, 675.27
FEET, TO THE POINT OF THE BEGINNING.
I