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1988-23 RESOLUTION NO. OL-88-023 A RESOLUTION OF OLIVENHAIN COMMUNITY ADVISORY BOARD APPROVING A TENTATIVE PARCEL MAP (87-194-TPM) FOR PROPERTY BEING A PORTION OF LOT 7, SUBDIVISION, RANCHO LAS ENCINITAS, MAP 848, COUNTY OF SAN DIEGO, AND AS FURTHER DESCRIBED IN ATTACHMENT "A" WHEREAS, Lancon Inc. , submitted a Tentative Parcel Map application for the purpose of subdividing one 10 acre parcel into four lots of 2.10, 2.10, 2.50, and 2.60 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 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 a portion of Lot 7, Subdivision of Rancho Las Encinitas, Map 848, County of San Diego, 01 ivenhain , California and as further described in Exhibit "A" attached, 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 FOUR parcels are proposed to be developed in single family dwelling units which is consistent with the RR-.5 zoning designation and development standards for the site. LN/20/237wp g. d. 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. e. 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- 194-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. A. ROAD DEDICATIONS AND IMPROVEMENT PLANS (DPW) B. C. LN/20/237wp 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. A 12' wide irrevocable offer of dedication of horse trails shall be required along the southerly and easterly boundaries of the project. Improvements including water, sewer, storm drain and streets shall be made in accordance with improvement plans approved by the City Engineer. 2. 3. LN/20/237wp COUNTY SERVICE AREA/ROAD MAINTENANCE/COVENANTS/DEVELOPMENT FEES (DPW) A. 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. C. Fees shall be collected in conformance with the Cityh of Encinitas standards as set forth by the City Council. 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. F. In the event a fire hydrant is required for this map, an extension of the main line facility will be required. A waterline is available to the site in the major street and the site can be served providing no extension is required for a fire hydrant. 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. A. PUBLIC ROAD AND PRIVATE ROAD IMPROVEMENTS 5. TRAILS The proposed private road shall be graded to a minimum of 24 feet and surfaced with asphalt to a minimum of 20 feet. Asphalt in cul-de-sac shall have a minimum 30 foot radius. B. That a grading plan be submitted for the private road. All new utility distribution facilities, including cable television lines, shall be placed underground. All utili ty installations shall be completed before surfacing the streets. C. 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. LN/20/237wp 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. E. F. The trail system shall be continuous through the subdivision and shall provide for local access within the subdivision. Points where the trail exits the subdivision shall be coordinated with existing or planned trail locations on adjacent property. 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. FLOODING/DRAINAGE IMPROVEMENTS (DPW) A. The subdivider shall pay those flood/drainage fees as adopted by the City of Encinitas City Council. 7. FACILITY/UTILITY IMPROVEMENT A. 8. FIRE A. B. NOTE: LN/20/237wp 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. One residential fire hydrant shall be provided and shall be located at the south east corner of Wishbone Way and the proposed private access road. The appropriate fee required by the Encinitas Fire Protection District shall be collected for the Tentative Parcel Map. 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 (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 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 SUBD~VISION ORDINANCE. PASSED AND ADOPTED this 2nd day of February, 1988, by the following vote, to wit: Ayes: Trujillo, DuVivier, Fernald, Tutoli, Bobbitt Nays: None Ab~ent: None Abstain: None ~~~ Linda Trujillo, Chairman of the Olivenhain Community Advisory Board ATTEST: ~ ~. ~ Li a S. Niles Assistant Planner ~ .ΕΎ LN/20/237wp ATTACHMENT A TO COVENANT REGARDING REAL PROPERTY PROJECT NO. 87-194-TPM PROPERTY DESCRIPTION PARCEL 1: That portion of Lot 7 of the Subdivision of Rancho Las Encinitas, in the County of San Diego, State of California, according to Map thereof No. 848, filed in the Office of the County Recorder of San Diego County, June 27, 1898, described as follows: Commencing at the Northwesterly corner of said Lot 7; thence along the Northerly line of said Lot 7, North 86°59'51" East, 1278.11 feet to the Northeasterly corner of the West Half of said Lot 7; thence along the Easterly line of the West Half of said Lot 7, South 02°08'56" East, 1935.97 feet to the TRUE POINT of BEGINNING; thence South 86°55'53" West, 624.10 feet; thence South 02°08'56" East, 698.05 feet to the Southerly line of said Lot 7; thence along said Southerly line North 86 ° 55' 53" East, 624.10 feet to the Southeasterly corner of the West Half of said Lot 7; thence along the Easterly line of the West Half of said Lot 7, North 02°08'56" West, 698.05 feet to the TRUE POINT OF BEGINNING. LN/bc/COVl-202wp53 (8-16-90) lOa 22 DEC 89