1988-01
RESOLUTION NO. OL-88-001
A RESOLUTION OF OLIVENHAIN COMMUNITY ADVISORY BOARD
APPROVING A TENTATIVE PARCEL MAP (87-195-TPM)
FOR PROPERTY BEING PARCEL 4
OF PARCEL MAP 14479, COUNTY OF SAN DIEGO
AND AS FURTHER DESCRIBED IN ATTACHMENT "A"
WHEREAS, Neal and Karen Staats submitted a Tentative Parcel
Map application for the purpose of subdividing one 4.55 acre parcel
into two lots of 2.17 net acres each, as required by the City of
Encinitas Subdivision Ordinance; and
WHEREAS, a public hearing was conducted by the Olivenhain
Community Advisory Board on February 2, 1988 as required by law,
and all persons desiring to be heard were heard.
NOW THEREFORE, BE IT RESOLVED by the Olivenhain community
Advisory
Board
of
the
City
of Encinitas,
that
the
proposed
Tentative Parcel Map for property being Parcel 4 of Parcel Map
14479, County of San Diego and as further described in attached
Exhibit A, is hereby approved, and that approval is based upon the
following findings:
a.
That the proposed map is consistent with applicable
general and specific plans as specified in section 65451
of the Subdivision Map Act.
b.
That the design or improvement of the proposed
subdivision is consistent with applicable general and
specific plans since the project is in conformance with
the General Plan designation for the site.
c.
That the site is physically suitable for that type of
development, in that the two parcels are proposed to be
developed in single family dwelling units which is
consistent wi th the RR-. 5' zoning designation' and
development standards for the'site.
LN/CAB20-238wp
d.
e.
g.
That the site is physically suitable for the proposed
density of development, since the topography and design
of the lots can be adequately accommodated as proposed.
That the design of the subdivision and the proposed
improvements are not likely to cause substantial
environmental damage or substantially and avoidably
injure fish or wildlife or their habitat, and the project
is exempt from CEQA, as per Class 15.
f.
That the design of the subdivision or type of
improvements is not likely to cause serious public health
problems, since documentation has been obtained stating
that utilities shall be available for the site.
That the design of the subdivision or the type of
improvements will not conflict with easements, acquired
by the public at large, for access through or use of,
property within the proposed subdivision.
NOW THEREFORE, BE IT RESOLVED that Tentative Parcel Map 87-
195-TPM is hereby approved subject to the following conditions:
THE FOLLOWING CONDITIONS SHALL BE COMPLIED WITH BEFORE A PARCEL
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.
ROAD DEDICATIONS AND IMPROVEMENT PLANS
(DPW)
A.
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.
B.
A 12' wide irrevocable offer of dedication of horse
trails shall be required and improved along Dusty Trail.
C.
Improvements including water, sewer, storm drain and
streets shall be made in accordance with improvement
plans approved by the City Engineer.
D.
Improvement plans shall address collection and disposal
of storm drainage.
LN/CAB20-238wp
2.
A.
3.
COUNTY SERVICE AREA/ROAD MAINTENANCE/COVENANTS/DEVELOPMENT
FEES (DPW)
The property owners shall enter into a road maintenance
agreement for the purpose of maintenance of the private
road easements.
B.
Park Development Fees shall be collected in accordance
with the City of Encinitas Ordinance 87-11.
Fees shall be collected in conformance with the Cityh of
Encinitas standards as set forth by the city council.
C.
D.
The parcels may be developed as custom lots, and shall
only provide grading necessary to construct a standard
single family dwelling unit and required parking. All
structures shall be built into the contours of the lots
to the extent possible. A standard covenant shall be
recorded to run with the land.
FACILITY/UTILITY ARRANGEMENTS (DPW)
A.
The subdivider shall comply with section 66436 of the
Government Code by furnishing to the City 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 signature.
B.
Plans and specifications for the installation of a sewer
system serving each lot must be approved by the Director
of the Department of Public Works, when required. The
subdivider shall dedicate all necessary easements for
that portion of the sewer system which is to be public
sewer.
C.
The subdivider shall cause all of the land within this
subdivision to be annexed to the Leucadia County Water
District.
D.
A commitment to serve each parcel must be obtained from
the Leucadia County Water District.
E.
No sewer commitment shall be issued until all conditions
in this Resolution of Approval have been satisfied, the
final map or parcel map, grading plan and improvement
plan has been approved by the Department of Public Works
and all fees and deposits paid and improvement security
posted.
LN/CAB20-238wp
THE FOLLOWING PUBLIC IMPROVEMENTS MUST BE COMPLETED, OR A SECURED
AGREEMENT EXECUTED, PRIOR TO RECORDING A PARCEL MAP. THE AGREEMENT
REQUIRES POSTING SECURITY IN FORM OF A CASH DEPOSIT, IRREVOCABLE
LETTER OF CREDIT OR AN INSTRUMENT OF CREDIT VALUED AT, OR MORE THAN
THE ESTIMATE IMPROVEMENT COST. IT ALSO REQUIRES IMPROVEMENTS BE
COMPLETED WITHIN 24 MONTHS OF RECORDING THE PARCEL MAP, AND PRIOR
TO GRANTING OF ANY APPROVAL OF DEVELOPMENT OF ANY PARCEL CREATED
BY TIS MAP, EXCEPT BUILDING AND ASSOCIATED PERMITS CAN BE ISSUED
REQUIRING COMPLETION OF PUBLIC IMPROVEMENTS PRIOR TO OCCUPANCY OF
THE BUILDING.
4.
PUBLIC ROAD AND PRIVATE ROAD IMPROVEMENTS
A.
B.
5.
TRAILS
The existing dedicated, but rejected roadway shall be
improved within the existing alignment at 20' paved, 24'
graded to the satisfaction of the Encinitas Fire
Protection District and the Public Works Department, in
order to retain existing topographic features.
All new utility distribution facilities, including cable
television lines, shall be placed underground. All
utility installations shall be completed before surfacing
the streets.
If dedicated, improve the Riding and Hiking Trail to the
following design standards, or in accordance with the
standards in effect at the time of the trails are required to
be improved, to the satisfaction of the Director of Community
Services.
A.
The trail shall contain a minimum of eight feet of tread
width with drainage structures as necessary.
B.
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 shall be used.
C.
Trails shall intersect roads at approximately 90 degree
angles.
D.
The trail system shall be continuous through the
subdivision and shall provide for local access within the
subdivision.
E.
Points where the trail exits the subdivision shall be
coordinated with existing or planned trail locations on
adjacent property.
LN/CAB20-238wp
F.
Provide signs at trail entrances to provide
identification, rules and regulations, and markers along
the route to direct users.
THE FOLLOWING PUBLIC IMPROVEMENTS MUST BE COMPLETED OR A SECURED
AGREEMENT EXECUTED, PRIOR TO RECORDING A PARCEL MAP. THE AGREEMENT
REQUIRES POSTING OF SECURITY IN FORM OF A CASH DEPOSIT, IRREVOCABLE
LETTER OF CREDIT OR AN INSTRUMENT OF CREDIT VALUED AT, OR MORE THAN
THE ESTIMATED IMPROVEMENT COST. IT ALSO REQUIRES IMPROVEMENTS BE
COMPLETED WITHIN 24 MONTHS FROM THE DATE OF RECORDING THE PARCEL
MAP OR PRIOR TO THE ISSUANCE OF A PERMIT OR OTHER GRANT OF APPROVAL
FOR THE DEVELOPMENT OF A PARCEL CREATED BY THIS MAP, WHICHEVER
OCCURS FIRST UNLESS OTHERWISE NOTED.
6.
7.
8.
NOTE:
FLOODING/DRAINAGE IMPROVEMENTS (DPW)
A.
The subdivider shall pay those flood/drainage fees as
adopted by the City of Encinitas City Council.
FACILITY/UTILITY IMPROVEMENT
A.
The subdivider shall install the sewer system and
dedicate the portion of the sewer system which is to be
public sewer where appropriate as shown on the approved
plans and specifications.
There shall be no street lights for this project.
within ten (10) calendar days after the date of final
approval, these findings and conditions may be appealed
in accordance with the City of Encinitas Subdivision
Ordinance to the Planning Commission. No parcel map
shall be approved, no grading permit issued and no
building permits shall be issued pursuant to said
tentative parcel map until after the expiration of the
tenth (10th) 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 FEBRUARY 2,
1991, 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 THE
CITY SUBDIVISION ORDINANCE.
LN/CAB20-238wp
PASSED AND ADOPTED this 2nd day of February,
1988, by the
following vote, to wit:
Ayes:
Trujillo, Duvivier, Fernald, Tutoli, Bobbitt
Nays:
None
Absent:
None
Abstain:
None
~ Jwj~
Linda Trujillo, Chairman of the
Olivenhain Community Advisory Board
ATTEST:
~ð
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Lind S. Niles
Assistant Planner
~
~
LN/CAB20-238wp
ATTACHMENT A TO
COVENANT REGARDING REAL PROPERTY
PROJECT NO. 87-195-TPM
PROPERTY DESCRIPTION
Parcel 4 of Parcel Map No. 14479, in the City of San Diego, county
of San Diego, state of California, filed in the Off ice of the
County Recorder of San Diego County, September 19, 1986, as File
No. 86-416024 of Official Records.
Reserving therefrom an easement and right of way for road and
utility purposes over, under, along, and across that portion
thereof lying within the area delineated and designated thereon as
Proposed Private Road Easement.
Excepting therefrom that portion lying within Parcel "A" above.
LN/02/COV2-203WPS
(08/16/90)
lOa
22 DEC 89