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1993-01 RESOLUTION NO. L 93-01 8 A RESOLUTION OF THE LEUCADIA COMMUNITY ADVISORY BOARD OF THE CITY OF ENCINITAS DENYING A TENTATIVE PARCEL MAP FOR A FOUR LOT SUBDIVISION FOR PROPERTY LOCATED APPROXIMATELY 1300 FT SOUTH OF LA COSTA AVE ON THE WESTERLY SIDE OF SAXONY RD AND LEGALLY DESCRIBED HEREIN (CASE NO.: 91-192 TPM) WHEREAS, a request for consideration of a Tentative Parcel Map, was filed by Frederick Snedeker to allow for the subdivision of approximately 7.6 acres into 4 single family residential parcels for property located approximately 1300 ft. south of La Costa Ave., legally described as; All those portions of the North one-half ot the Southwest Quarter of the Southeast Quarter and of the Southwest 8 Quarter of the Southwest Quarter of the Southeast Quarter, in Section 34, Township 12 South, Range 4 West, San Bernardino Meridian, in the County of San Diego, State of California, according to the United States Government Survey approved May 3,1883, lying Westerly of the center line of the County Road as shown on Map of County Road Survey No. 1317, a plat of which is on file in the Office of the County Surveyor of said San Diego County. WHEREAS, public hearings were conducted on the application on November 5, 1992, and January 7, 1993, before the Leucadia Community Advisory Board as required by law, and all persons desiring to be heard were heard; and WHEREAS, the Community Advisory Board considered: 1. The staff reports dated October 28,1992 and December 31, 1992; 2. The application submitted by the applicant dated received October 29, 1991; 3. The revised Tentative Parcel Map dated received October 8 28, 1992; JK/91192TPM.RES (12-31-92) I 8 4. The Draft Negative Declaration and associated documentation prepared by Craig Lorenz & Associates. 5. Oral evidence submitted at the hearings; and 6. The adopted General Plan, Zoning Code, Subdivision Ordinance and associated Land Use Maps; and WHEREAS, the Leucadia Community Advisory Board made the following findings pursuant to Section 66474 of the Subdivision Map Act and Chapter 24 of the Municipal Code, and SEE ATTACHMENT "A" NOW THEREFORE, BE IT RESOLVED by the Leucadia Community Advisory Board that Tentative Map application No. 91-192 TPM/EIA is hereby denied. PASSED AND ADOPTED this 7th day of January 1993, by the following vote, to wit: AYES: Board Members Allen, Cameron, Eldon, Fahlberg 8 NAYS: None ABSENT: Buck (Due to potential conflict of interest) ABSTAIN: None "-If D ¡J 14 A/< --- ~ Melissa Allen, Chairperson of the Leucadia Community Advisory Board of the City of Encinitas 8 JK/91192TPM.RES (12-31-92) I ATTACHMENT "A" 8 RESOLUTION NO. L 93-01 Findings for Denial of a Tentative Parcel Map for Subdivision of Property Pursuant to Title 24 of the Municipal Code (A) That the proposed map is not consistent with the General Plan. Facts: Goal # 10 of the Resource Management Element of the General Plan states "The City will preserve the integrity, function, productivity, and long term viability of environmentally sensitive habitats throughout the City, including. . . coastal sage scrub and coastal mixed chaparral habitats". The following statements are found in Policies 10.1 and 10.5 of the Resource Management Element. Policy 10.1 - The City will minimize development impacts on coastal mixed chaparral and coastal sage scrub environmentally habitats... Policy 10.5 - The City will control development on Coastal Mixed Chaparral and Coastal Sage Scrub . . . based upon the following guidelines: a. Conserve as much existing contiguous area of Coastal Sage 8 Scrub as feasible b. Minimize fragmentation or separation of existing contiguous natural area c. Maintain the broadest possible configuration of natural habitat area to aid dispersal of organisms within the habitat d. Conserve the widest variety of physical and vegetational conditions on site to maintain the highest habitat diversity Furthermore, Section 21002 of the California Environmental Quality Act ( CEQA) states that public agencies should not approve projects as proposed unless there feasible alternatives or mitigation measures which would substantially lessen the significant environmental effects of such projects. Additionally, CEQA Sections 21080 (a) & (c) state CEQA guidelines shall apply to discretionary projects, including tentative subdivision maps, and that a lead agency (City) shall prepare a negative declaration for a project if: 1. It is determined that no significant environmental impacts result from the project, or; 8 JK/91192TPM.RES (12-31-92) I 8 2. If an applicant agrees to modify a project such that it may be determined that no significant environmental impacts result from the project. Discussion: While the applicant has designated on the project plans (sheet T-3 dated received 12-28-92) an open space area for the protection of a biotic area containing Coastal Sage Scrub in accordance with the biological consultant's recommendations, the applicant also designates on the project plans an area of proposed "fuel management" within the recommended open space area. The project biologist states that the area requested for fuel management contains immature yet viable chaparral species and should also be left in fully protected open space so that this area will contribute to wildlife corridor behind the project site, with minimal fragmentation (see item b above). The proposed project is subject to CEQA. The environmental review for the project includes a biology report which discusses the significant impact of the project relative to the Coastal Sage Scrub habitat and recon~ends mitigation to reduce the level of impact to a level which is less than significant. The application has not indicated an intent to follow the recommended mitigation. Conclusion: The project as proposed does not protect to the 8 extent possible the Diegan Coastal Sage Scrub. Therefore the application is not consistent with Goal 10 of the Resource Element of the General Plan. Since the applicant has not agreed to mitigate the project impacts to the Coastal Sage Scrub as recommended by a qualified biologist, the project impacts are considered to be significant and, therefore, pursuant to CEQA Section 21002 the project should not be approved. . 8 JK/91192TPM.RES (12-31-92)