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1987-06 RESOLUTION NO. OT,-R7-006 8 A RESOLUTION OF THE OLIVENHAIN COMMUNITY ADVISORY BOARD OF THE CITY OF ENCINITAS CONDITIONALLY APPROVING A TENTATIVE PARCEL MAP (TPM 18906) FOR THE PROPERTY OF A PORTION OF LOT 7, RANCHO LAS ENCINITAS, MAP 848 WHEREAS, proposed Tentative Parcel Map application for a division of lO.OO acre lot into four parcels of 3.1, 2.6, 2.2, and 2.1 acres for property of a portion of Lot 7, Rancho Las Encinitas, Map 848, was submitted by Manfred Dittman for the purpose of constructing 4 single family residential units on estate lots; and WHEREAS, a public hearing was conducted by the Olivenhain Communi ty Advisory Board on the referenced request in the form and manner required by law on July 7, 1987. 8 NOW THEREFORE, BE IT RESOLVED by the Olivenhain Community Advisory Board of the City of Encinitas, that the proposed Tentative Parcel Map for a portion of lot 7, Rancho Las Encinitas, Map 848, is hereby approved, and that approval is based upon the following findings: 1 A. That the proposed map is consistent with all elements of the ci ty of Encini tas General Plan and with the land use designation of the General Plan since it proposes a single family residential development density of .5 dwelling units per acre in the RR.5 zone. B. That the design and improvements of the proposed subdivision are consistent with all elements of the Encinitas General Plan and comply with the provisions of the State; Subdivision Map Act and the City of Encinitas subdivision Ordinance. C. That the site is physically suitable for the type of development. 8 LN/kh/CAB3-0L81 j D. That the site is physically suitable for the proposed residential density of development and the design provides 8 sufficient lot area and street access for proper development. E. That the design of the subdivision and the proposed improvements are not likely to case substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat and a Negative Declaration was recommended on April 28, 1987. F. That the design of the subdivision and type of improvements are not likely to cause serious public health problems, since adequate water supply and sewage disposal service are available. G. That the design of the subdivision and the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. NOW THEREFORE, BE IT RESOLVED that Tentative Parcel Map 18906 and the associated Negative Declaration of Environmental Impact are hereby approved subject to the following conditi~ns: THE FOLLOWING CONDITIONS SHALL BE COMPLIED WITH BEFORE A PARCEL 8 MAP IS APPROVED BY THE OLIVENHAIN COMMUNITY ADVISORY BOARD AND FILED WITH THE COUNTY RECORDER OF SAN DIEGO COUNTY. THE PARCEL MAP SHALL SHOW AN ACCURATE AND DETAILED VICINITY MAP, INCLUDING DISTANCES. 1. ACCESS A. The subdivider shall furnish to the Department of Public Works recorded documentation showing that the land division is connected to a publicly maintained road by an easement for road purposes. The easement shall be forty feet (40') wide as specified in Section 24.29.020B unless proof is furnished that a lesser width is applicable under Section 24. 01.l80 of the City of Encinitas Subdivision Ordinance, and shall be for the benefit and use of the property being divided. Recordation data for said easement shall be shown on the Parcel Map. This requirement applies to offsite access to all proposed parcels. 2. PRIVATE ROAD EASEMENTS A. Prior to recording the Final Map, a registered civil 8 engineer or a licensed land surveyor shall provide a signed statement that: The private easement roads (Wishbone Way LN/kh/CAB3-0L81 and Copper Crest Road) from the northeast corner of the land division to Lone Jack Road have a minimum improved width of 8 twenty feet (20') asphaltic concrete and are constructed within the easement for the benefit of the land division. 3. ROAD DEDICATIONS AND IMPROVEMENT PLANS A. The subdivider shall dedicate a minimum twenty foot (20') wide easement to the City of Encinitas for the City of Encinitas Riding and Hiking Trail along the southerly boundary of the land division (parcels 3 and 4), and along the western boundary of parcel 4. B. Any offer of dedication or grant of right-of-way shall be free of all encumbrances or subordinated at the time of recordation of the parcel map. 4. COUNTY SERVICE AREA/ROAD MAINTENANCE/COVENANTS/DEVELOPMENT FEES A. The subdivider shall provide for maintenance of private streets through a private road maintenance agreement. B. The subdivider shall deposit $4,200.00 into the Community Services Trust Fund for the improvement of Lone Jack Road. (This would be a requirement if the project were in the unincorporated area of the County). 8 C. The subdivider shall deposit sufficient funds for annexing the land division, without notice or hearing, to Lighting Maintenance District #l to maintain existing street lights. The deposit shall include the cost of processing through the State Board of Equalization. 5. FACILITY/UTILITY ARRANGEMENTS A. Where private easement roads are not being dedicated, or where each of the proposed parcels is not on a public street, the subdivider shall provide the Director, Department of Public Works with letters from serving utility companies stating that arrangements satisfactory to the utility have been made to serve all parcels being created. No letter will be required from the following: Pacific Telephone company, Valley Center Municipal Water District, Olivenhain Municipal Water District, Yucca Mutual Water company, and Rainbow Municipal Water District. B. The subdivider shall comply with Section 66436 of the Government code by furnishing to the County Department of Public Works a certification from each public utility and each public entity owning easements within the proposed subdivision stating that: (a) they have received from the subdivider a copy of the proposed final map; (b) they object or do not object to the filing of the map without their 8 signature. LN/kh/CAB3-0L8l 6. FLOODING/DRAINAGE 8 A. The subdivider shall contribute to the City of Encinitas the appropriate share as required by Chapter 24.31 of the Subdivision Ordinance for future area flood control/drainage improvements. 7. RIDING AND HIKING TRAILS A. The Riding and Hiking Trail System shall be improved to the following design standards to the satisfaction of the Director of the Department of Public Works: (l) The trail shall contain a minimum eight feet (8') of tread width with drainage structures as necessary. (2) The trail surface shall consist of the native soil, or where the soil is highly erosive or will not support the traffic, a tread surfacing material such as decomposed granite which will blend with the natural environment shall be provided. (3) Trail gradients shall not exceed fifteen percent (15%). Where natural grades exceed fifteen percent (l5%), sufficient width for switchbacks shall be prov ided to accommodate a fifteen percent (l5%) gradient trail. (4) The trail system shall be continuous through the 8 subdivision. (5) Points where the trail exists the subdivision shall be coordinated with existing or planned trail locations on adjacent property. B. THE FOLLOWING IMPROVEMENTS MAY BE COMPLETED PRIOR TO RECORDING OF A PARCEL MAP OR THEY MUST BE LISTED ON THE PARCEL MAP AND THE SUBDIVIDER SHALL EXECUTE A "COVENANT OF IMPROVEMENT REQUIREMENTS" WHICH SHALL BE RECORDED BY THE DEPARTMENT OF PUBLIC WORKS PRIOR TO RECORDING THE PARCEL MAP. THE COVENANT SHALL BE NOTED ON THE PARCEL MAP. IF THE COVENANT HAS BEEN RECORDED, NO BUILDING PERMIT, AND NO FURTHER GRANT OF APPROVAL FOR DEVELOPMENT MAY BE ISSUED UNTIL THE APPLICANT PRESENTS A COpy OF THE RELEASE OF IMPROVEMENT REQUIREMENTS RECORDED BY THE DEPARTMENT OF PUBLIC WORKS, STATING THAT ALL OF THE REQUIRED IMPROVEMENTS LISTED IN THE COVENANT OF IMPROVEMENT REQUIREMENTS AND NOTED ON THE PARCEL MAP HAVE BEEN COMPLIED WITH, EXCEPT A GRADING OR CONSTRUCTION PERMIT AND/OR A PERMIT TO INSTALL UTILITIES WITHIN THE PRIVATE EASEMENT, MAY BE ISSUED. 8 LN/kh/CAB3-0L81 8. PRIVATE ROAD IMPROVEMENTS 8 A. The cul-de-sac shall be graded to a radius of thirty-four feet (34') and improved with six inches (6") of decomposed granite to a radius of thirty feet (30'). B. The easement road from the northeast corner of Parcel 4 to the northeast corner of Parcel 2 shall be graded twenty-four feet (24') wide and improved twenty feet (20') wide with six inches (6") of decomposed granite. The improvement and design standards of Section 3.1C of the County Standards for Private Streets for one hundred (lOO) or less trips shall apply. C. Plans, a processing deposit and an inspection deposit, as determined by the Department of Public Works, shall be submitted to the Improvements and Grading Group of the Department of Public Works. All improvements shall be designed in accordance with County Standards for Private Streets. D. A registered civil engineer or a licensed land surveyor shall provide a signed statement that: "The private road, including the cul-de-sac from the northeast corner of Parcel 4 to the northeast corner of Parcel 2 is constructed within the easement for the benefit of the land division." 9. FIRE PROTECTION 8 A. This property must annex to the Encini tas Fire Protection District and a letter of commitment from the district must be provided to the Director of Public Works prior to recordation of the Parcel Map. B. The developer shall provide a fire hydrant to the satisfaction of the Encinitas Fire Protection District. NOTE: Within ten (10) calendar days after the date of final approval, these findings and conditions may be appealed in accordance with Section 81. 615 of the Subdivision Ordinance to the Planning Commission. No parcel map shall be approved, no grading pernd t issued and no building permits shall be issued pursuant to said tentative subdivision map until after the expiration of the tenth (lOth) calendar day following final approval of these conditions, or if an appeal is taken, until the Planning Commission has acted. THE APPROVAL OF THIS TENTATIVE PARCEL MAP EXPIRES ON JULY 7, 1990, AT 5:00 P.M. UNLESS, PRIOR TO THAT DATE, A REQUEST FOR A TIME EXTENSION HAS BEEN FILED AS PROVIDED BY SECTION 24.50.130 OF 8 THE CITY SUBDIVISION ORDINANCE. LN/kh/CAB3-0L8l PASSED AND ADOPTED this 7th day of July, 1987, by the - following vote, to wit: Ayes: Boardmembers DuVivier, Bobbitt, Fernald, and Trujillo Nays: None Absent: Boardmember Tutoli Abstain: None ~~du Linda Trujillo, Chairman of the Olivenhain Community Advisory Board ATTEST: 1 da S. Niles Assistant Plan er CC: TPM l8906; Brian Headrick; Jack Redfern; Robert Palley (0384); Community Programs (0346); William B. Buck, Lancon, Inc., 1378 Friends Way, Fallbrook, Ca. 92028. -- - LN/kh/CAB3-0L81