1988-09
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RESOLUTION NO. OL-88-009
A RESOLUTION OF THE OLIVENHAIN COMMUNITY ADVISORY BOARD
APPROVING TENTATIVE PARCEL MAP (88-052-TPM)
FOR THE PROPERTY LOCATED OFF OF DOVE HOLLOW ROAD
AT THE NORTHWEST QUARTER OF SOUTHWEST QUARTER OF
SOUTHWEST QUARTER, SECTION 4, T 135 R 3N.
WHEREAS,
Gary Bukameir submitted a Tentati ve Parcel Map
application for the purpose of subdividing one 10.5 acre parcel
into
four
lots
of
3.25,
2.0,
and
2.0
2.0
net
acres,
respectively, as required by the City of Encinitas Subdivision
Ordinance; and
WHEREAS, a public hearing was conducted by the Olivenhain
Community Advisory Board on March 22, 1988 and July 19, 1988 as
required by law,
and
all persons desiring to be heard were
heard.
WHEREAS, the Community Advisory Board considered:
1.
2.
3.
4.
5.
The staff report dated March 22 and July 12, 1988;
The application and maps submitted by the applicant;
Oral evidence submitted at the hearing;
Written evidence submitted at the hearing; and
Environmental documentation.
NOW THEREFORE, BE IT RESOLVED by the Olivenhain Community
Advisory Board of the City of Encinitas,
tha t the proposed
Tentative Parcel Map for property of Section 4, T 13S, R 3N,
County of San Diego, Olivenhain, CA is hereby
approved, and
that
approval is based upon the following findings:
PM/04/CROl-91WP 1(7-11-88)
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1.
The authorized agency makes any of
contained in section 66474 of the Act.
the
findings
(a)
That the proposed map is consistent with
applicable general and specific plans as
specified in Section 65451.
Evidence to Consider: The property has a land use
density of .5 single-family units per acre. The
project proposed 4 lots on 10.15 acres resulting in
.39 units per acre. The minimum lot size is 2 acres
meeting the required density.
(b)
That the design or improvement of the proposed
subdivision is consistent with applicable
general and specific plans.
Evidence to Consider: The project proposes 4 regular
shaped lots at a minimum of 2 acres and meeting City
design requirements. Improvements are required for
road and utility connection. Road improvements meet
City private road standards.
(c)
That the site is physically suitable
type of development.
for the
Evidence to Consider: The land has a gentle slope
easterly. All parcels have a rectangular shape with
the lots widths being about \ the lot depth. Lot
widths range from 207 to 238 feet. Ample area is
available for development.
(d)
That the site is physically sui table for the
proposed density of development.
Evidence to Consider: The site is 10.15 acres
relatively level with low ground cover. Access is
off of Dove Hollow Drive. No major drainage exists
on the site. The surrounding density averages. 6
units per acre.
( e)
That the design of the subdivision or the
proposed improvements are not likely to cause
substantial environmental damage or
substantially and avoidably injure fish or
wildlife or their habitat.
Evidence to Consider:
conducted for the site
A biological survey
and determined that
was
the
PM/04/CROl-91WP 2(7-11-88)
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proposed project would not
wildlife or plant populations.
significantly
impact
(f)
That the design of the subdivision or type of
improvements is not likely to cause serious
public health problems.
Evidence to Consider: The project proposes standard
lots for single-family units with adequate access and
utilities. The project as conditionally approved
avoids any serious health problems.
(g)
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.
Evidence to Consider: No known public easements have
been identified across the subject property.
2.
In accordance with 66473 and 66474.2 of the Act, the
map does not comply with the requirements or
conditions imposed by this Title and the Act.
Evidence to Consider: The subdivision is a minimum
of 2 acre lot project on relatively level land. The
lots are regular shape. As such future residential
units could take advantage of passive and active
solar heating.
3.
There is a reasonable probability that the land use
and design proposed will be consistent with the
General Plan proposal being considered or studied or
which will be studied within a reasonable time, since
the proposed General Plan Land Use Map identifies a 2
acre lot minimum consistent with the project.
4.
There is little or no probability of substantial
detriment to or interference with the future adopted
general plan if the proposed use or design is
ultimately inconsistent with the plan, since the
project is a 4 lot subdivision on 10 acres, generally
level and consistent with the surrounding
development.
5.
The proposed use or design complies with all other
applicable requirements of state law and local
ordinances, as conditioned by this map.
PM/04/CROl-91WP 3(7-11-88)
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NOW THEREFORE, BE IT RESOLVED that Tentative Parcel Map
88-052
and
associated
TPM
the
Negative
Declaration
of
Environmental
Impact (88-052-EIA) are 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.
GENERAL CONDITIONS
A.
This approval is granted for a period of 24 months
(expire on July 19, 1990) at the end of which time
the Authorized Agency may extend the approval, add or
delete conditions, or revoke the approval; and
B.
Nothing in this permit shall relieve the applicant
from complying with the conditions and regulations
generally imposed upon activities similarly in nature
to the activity authorized by this permit;
C.
That the parcels may be developed as custom lots, and
shall only provide grading necessary to construct a
standard single family dwelling built into the
contours of the lots. A standard covenant shall be
recorded to run with the land.
2.
ROAD DEDICATIONS AND IMPROVEMENT PLANS (DPW)
(The authorized agency may modify City Standards in
particular cases. The application of a request for such
modification must show special circumstances or conditions
affecting the property in question; and that such
modification is necessary for the preservation and
enjoyment of a substantial property right of the
applicant; and that the modification will not be
materially detrimental to the public welfare or injurious
to other property in the immediate vicinity.)
A.
The 100 flood plain shall be recorded on the map as
an irrevocable offer of dedication for open space and
no structures shall be permitted in that open space.
PM/04/CROl-91WP 4(7-11-88)
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3.
4.
COUNTY SERVICE AREA/ROAD MAINTENANCE/COVENANTS/DEVELOPMENT
FEES (DPW)
A.
The property owners shall acquire a road maintenance
agreement from all property owners for the purpose of
maintenance of the private road easements on site.
B.
Park development fees shall be collected in
accordance with City of Encinitas Ordinance 87-11.
C.
All applicable fees shall be collected in accordance
with City of Encinitas standards as set forth by the
City Council.
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 water availability and
meter placement must be accomplished to the
satisfaction of the Ol ivenha in Municipal Water
District.
C.
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.
D.
The subdivider shall cause all of the land within
this subdivision to be annexed to the Cardiff
Sanitation District.
E.
, A commitment to serve each parcel must be obtained
from the Cardiff Sanitation District.
F.
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.
PM/04/CROl-91WP 5(7-11-88)
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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 THIS MAP, EXCEPT
BUILDING AND ASSOCIATED PERMITS CAN BE ISSUED REQUIRING
COMPLETION OF PUBLIC IMPROVEMENTS PRIOR TO OCCUPANCY OF THE
BUILDING.
5.
PUBLIC ROAD AND PRIVATE ROAD IMPROVEMENTS
A.
That Dove Hollow Road and other private roads to the
north shall be improved along the proj ect frontage
beginning to a graded width of 30' with 24' of A.C.
pavement over approved base with concrete rolled curb
at 12 feet from centerline on the north side of Dove
Hollow only to the satisfaction of the Director,
Department of Public Works and City Council approved
Olivenhain private road standards.
B.
That a grading plan be submitted for the private
road.
C.
All new and existing utility distribution facilities,
including cable television lines, shall be placed
underground to the satisfaction of the City Engineer.
All utility installations shall be completed before
surfacing the streets and installing concrete curb,
gutters and sidewalks.
D.
Plans for public road improvements shall be prepared
by a registered civil engineer and submitted to the
Director, Public Works. The following items shall
also apply:
1.
Street alignment and grade, including the change
of any existing or proposed street alignment and
grade, shall be as required by the Director,
Department of Public Works, and approved by City
Council for Olivenhain road standards.
2.
Sight distance at all intersections shall
conform to the intersectional sight distance
criteria as provided by the American Association
of State Highway and Transportation Officials in
the publication "Geometric Design of Highways
and streets -- 1984" or its latest revision.
PM/04/CROl-91WP 6(7-11-88)
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3.
Plans and specifications for the improvement of
all streets, right-of-way, drainage easements
and all culverts, drainage channels and all
private easements shall meet with the approval
of the Director, Department of Public Works.
E.
The applicant may submit an alternate access road for
the proj ect to replace and instead of the proposed
access on Dove Hollow Road, to be a cul-de-sac
continuing east into the project from the north/south
extension of Lone Hill Lane across the tops of
parcels 2, 3, and 4 if approved by the City Engineer.
6.
TRAILS
The applicant has agreed that a recreation trail easement
shall be dedicated along Dove Hollow Road for the entire
frontage of the property and along the westerly boundary
of the site along the north south unnamed road.
A.
On lots having a private or public recreation trail
on or adjacent to their property, the developer is
required to have contained wi thin the C. C. & R.' s
the following statement:
In purchasing the home, I have read the C. C. & R.'s
and understand that said lot is subject to an
easement for the purpose of allowing recreation
traffic.
B.
The developer shall improve the recreation trail
system in accordance with the adopted standards and
to the satisfaction of the Directors of Community
Services:
a.
Prior to final map approval.
b.
Prior to building permit issuance.
Said improvements shall include grading, soil
compaction, drainage control, signage, access
control, erosion control, and the like.
C.
An open space easement shall be granted to the City
over, upon, across and under the area defined on the
final maps as an recreational trail and no building,
structures or other things shall be constructed,
erected, placed or maintained on subj ect easements
except for the construction and maintenance of said
PM/04/CROl-91WP 7(7-11-88)
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trail and structures appurtenant to the trail.
D.
Dedicate the Master planned recreation trails to the
satisfaction of the Directors of the Departments of
Public Works and community Services.
said recreational trails shall be improved to the
following design standards to the satisfaction of the
Director of Public Works.
i.
The trail shall contain a minimum of eight feet
of tread width with drainage structures as
necessary.
ii.
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.
iii. Trail gradients shall not exceed 15%. Where
natural grades exceed 15% sufficient width for
switchbacks shall be provided to accommodate a
15% gradient trail.
iv.
Trails shall intersect roads at approximately 90
degree angles.
v.
The trail system shall be continuous through the
subdivision and shall provide for local access
within the subdivision.
vi.
Points where the trail exists the subdivision
shall be coordinated with existing or planned
trail locations on adjacent property.
vii. Provide signs at trail entrances to provide
identification, rules and regulations, and
markers along the route to direct users.
E.
Parkland Dedication in lieu of payment of Park Fees
shall be to the satisfaction of the Community
Services Director shall be made prior to final
approval.
F.
The developer shall pay the Park Fee at the
established rate at the date of final inspection, or
the date of the certificate of occupancy, whichever
occurs later.
a.
Prior to final map approval.
b.
Prior to building permit issuance.
PM/04/CROl-91WP 8(7-11-88)
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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.
7.
FLOODING/DRAINAGE IMPROVEMENTS (DPW)
A.
The subdivider shall pay those flood/drainage fees as
adopted by the City of Encinitas City Council.
B.
A drainage system capable of handling and disposing
of all surface water originating within the
subdivision, and all surface waters that may flow
onto the subdivision from adjacent lands, shall be
required. Said drainage system shall include any
easements and structures as required by the Director
of Public Works to properly handle the drainage.
C.
Portland cement concrete cross gutters shall
installed where water crosses the roadways.
be
8.
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.
9.
FIRE
A.
That two residential fire hydrants be provided to be
located to the satisfaction of the Fire Protection
District.
B.
That a fire flow of not less than 1500 G.P.M's be
provided.
C.
That the property must annex into the Encinitas Fire
Protection District prior to recordation of the
Parcel Map.
PM/04/CROl-91WP 9(7-11-88)
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NOTE:
D.
Prior to delivery of combustible building materials
on site, water and sewer systems shall satisfactorily
pass all required tests and be connected to the
public water and sewer systems. In addition, the
first lift of asrhalt paving shall be in place to
provide adequate, permanent access for emergency
vehicles. The final life of asphalt shall not be
installed until all other construction activity has
been substantially completed to the satisfaction of
the city.
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 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.
PASSED AND ADOPTED this 19th day of July,
1988, by the
following vote, to wit:
AYES:
NAYS:
ABSENT:
ABSTAIN:
ATTEST:
Boardmembers Tutoli, Bobbitt, stumpf, and Fernald
None
Boardmember DuVivier
None
~~,
MICHELLE TUTOLI, Chairman of
the Olivenhain community
Advisory Board
nda S. Niles
Assistant Plan
PM/04/CROl-91WP 10(7-11-88)
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