1992-04
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RESOLUTION NO. OL-92-04
A RESOLUTION OF THE OLIVENHAIN
COMMUNITY ADVISORY BOARD OF THE CITY OF ENCINITAS
APPROVING A TENTATIVE PARCEL MAP EXTENSION
REQUEST FOR TENTATIVE PARCEL MAP #89-087
FOR PROPERTY LOCATED AT 3515 FORTUNA RANCH ROAD
(CASE NO. 91-186 TPM/EXT)
WHEREAS, Conrad Lust and Hunsaker and Associates applied for
a Tentative Parcel Map Time Extension for Tentative Map # 89-087
per section 24.50.130 of the Municipal (Subdivision Ordinance) Code
of the City of Encinitas; and,
WHEREAS, the property is located at 3515 Fortuna Ranch Road
and legally described as:
The northwest 1/4 of the northwest 1/4 of the northwest 1/4 of
Section 9, Township 13 South, Range 3 West, San Bernardino
Base and Meridian, in the City of Encinitas, County of San
Diego, State of California, according to united States
Government Survey approved November 19, 1880.
WHEREAS, a Public Hearing was conducted on the application
request by the Olivenhain Community Advisory Board on February 4,
1992; and,
WHEREAS, the Olivenhain Community Advisory Board considered
without limitation:
1.
2.
The staff report dated January 30, 1992;
The adopted General Plan, Zoning Code, and associated
Land Use Maps;
Oral evidence submitted at the hearing;
written evidence submitted at the hearing;
Documentation included in the application for the Time
Extension request and the Tentative Parcel Map that
received original approval on December 5, 1989; and,
,
3.
4.
5.
WHEREAS, the Olivenhain Community Advisory Board made the
following findings pursuant to section 24.50.130 of the Subdivision
Ordinance of the Municipal Code:
a. That the original Findings for Tentative Parcel Map
approval as made by the Olivenhain Community Advisory Board in
Resolution No. OL-89-019 are still valid and are incorporated into
to this Minute Motion approval, by this reference, as if fully
contained herein.
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b. That the Olivenhain Board finds that the map design and
the conditions of approval remain unchanged from the Tentative
Parcel Map as originally approved.
c. That the Olivenhain Board finds that there is no need to
alter or add conditions, attach additional development fees, or
alter the map's design and there is no request for additional
parcels from the Tentative Parcel Map as originally approved.
NOW, THEREFORE, BE IT RESOLVED by the Olivenhain Community
Advisory Board of the City of Encinitas that application 91-186
TPM/EXT is hereby approved subject to the following conditions:
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1.
This approval may be appealed to the Planning Commission
within 15 calendar days from the date of this approval.
All conditions of Resolution No. OL-89-019 are still in full
force and affect and shall be satisfied prior to Final Map
recordation to the satisfaction of the City Engineer and the
Director of Community Development.
2.
3.
The Time Extension shall be valid for one year from December
5, 1991 to December 5, 1992 in accordance with Section
24.50.130 of the Subdivision Ordinance. The Tentative Parcel
Map shall expire on December 5,1992 unless a Final Parcel Map
has been recorded or the Tentative Parcel Map is extended by
the city in accordance with the Municipal Code.
4.
The property owner has agreed to hold the City of Encinitas
and all employees and agents harmless and to bear all costs of
any legal challenge associated with this Time Extension
approval should the approval be challenged in a court of law.
Staff of the Community Development Department has been
directed by the Board to refile a Notice of Determination for
the adopted Negative Declaration with the County Clerk of San
Diego County in accordance with CEQA Guidelines. Said Notice
shall correct the clerical error which indicated that a
mitigation had been applied as a condition of the original
approval to include approximately 1.0 acres as an open space
easement on the westerly portion of the subj ect property.
Said recommended mitigation was not found to be necessary to
mitigate environmental impacts below a level of significance
by the Community Advisory Board that approved the original
Tentative Parcel Map request.
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PASSED AND ADOPTED this 4th day of February 1992, by the
following vote, to wit:
Schafer, Van Slyke, Bode, Kitnick, Mazanec
AYES:
NAYS:
None
ABSENT:
None
ABSTAIN:
None
ATc;;.l6 e. v9~
Craig R. Olson, Assistant
q¿ e/ ~
, ,
BRYAN R. SCHAFER, Chairman of
Olivenhain Community Advisory
Board
Planner
the
, ,yo,
--,.~- ' , ,Co,""
Notice of Determination
Appendix H
To:
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Office of Plannmg and Research
1400 Tenth Screet. Room 121
Sacramento. CA 95814
From: (Public Agency) City of Encini tas
527 Encinitas Blvd.
x
County Clerk
~umy of Sr!n Di PlJn
1600 Pacific Highway, Room 260
Encinitas.
(Adiiress)
Ca 92024
San Diego.
CA 92101-?4??
'.'
Subject:
Filing of Notice of Determination In compliance with Section 21108 qr 21152 of the Public Resources Code.
LUST TENTATIVE PARCEL MAP:
Project Title
CASE# 89-087 Time Extension 91-186
N/A
Slate Clearinghouse Number
(If submitted to C1earinghouse)
City of Encinita~
Lead Agency
Contact Person
(filq) Q44-t)OfiO
Area CodeffelephoneÆxtcnsion
3515 Fortuna Ranch Road, City of Encinitas, County of San Diego
Project Location (include county)
.project Description: Four lot Tentative Parcel Map in the Rural Residenti.al Zoning
District.
";
This is to advise that the Ci ty of Encini tas has approved the above described project on
~Lcad Agency 0 Responsible Agency
12/5/89; extended and has made the following detcnninations regarding the above described project;
(Date) L. / 4 / ~ ¿
1. The projeCt [Owill Œwill not] have a significant effect on the environmenL
2. 0 An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA.
18J A Negative Declaration was prepared for this project pursuant to the provisions of CEQA.
3. l\1itigation measures [Owere J&lwere not] made a condition of the approval of the projecL
~. A statement of Overriding Considerations [Dwas ~was not] adopted for this projecL
5. Findings [ßë1were Dwere not] made pursuant to the provisions of CEQA.
.,
This is to certify that the final EIR with commentS and responses and record of project approval is available to the General Public at:
N/A '
~tb ~. ck?~
8¡g/wlure (public Agency)
z./ï Iq1-
Dale
A %1 S~N í ~ LM .,}~
Title
D¡u,f: received for filing at OPR:
Revised OclobeT 1989
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CITY OF ENCINITAS
NEGATIVE DECLARATION
LfJ..S> T
TfN\ ePt - DB ,
(rí ,,^f E ,c:œrJSI o.-J q, - I B' J
Project Title
"35", )"
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Wf'5\ t) f /4 ~ I TA LANfi
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~D#
Location
3 LoT T~~n"~ P~f..GGL M~p IrJ 1*"f
Description
~L ~\PeN17~L (O.Zb- O.ç D~/AC) ZcNIIJ(r
0. s ntwr
Û,jR~o
Lv..~,-
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Ass ()C, A Tf" S
Project Sponsor
FINDING:
Based upon information provided in the Initial Study, along with
Comments and Responses to the Notice of Preparation of a Negative
Declaration which have been presented to the cit,y Cuum~11/:Pla.JulÌIl9"
eemmi8siðn/communit~ Advisorr Board, City of Encinitas, at a duly
called meeting on 1'1. S"Ja~ * Z 4/"'2..- , the ~"n,...; '/C"'r"\IQud n:ion/Board
finds that the project will not a have a significant effect on the
environment.
MITIGATION MEASURES:
Mitigation measures included in the project as a condition of
project approval to avoid potentially significant effects include:
1H' r(l.o~ur ~,lL NO, ~VE ¡::.. ~1f:".J ,-ACÞ-,J,- ~ Ffec..r
O,J ~ eN~l~N'MetJT.) T~~, Þ. Nhb~l1Vé t:)€GtAeÞ--
110,,", (,J ,'1li ~ M\ f,b>A. 'not\1S t 5 þ..Oo{JreD.
A copy of the Initial Study has been attached to substantiate the
finding. {)rJ f'\L~ ~Int C,"'n1 of eNc,l,J,~S
~LC9~. ~
2 121 ~ 7..-
Date
(ÆofL)
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~yu.t ,-cl Ly (.Ôt1l'lcil
C1Ja..Lrmal'1, Planl'lil1': CUJlUU.L::.::.iUll
Chairman, Community Advisory Board
City of Encinitas
MB/O4/BP2-144WP5
(7-12-90/3)
11
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CALIFORNIA DEPARTMENT OF FISH AND GAME
CERTIFICATE OF FEE EXEMPTION
De Minimis Impact Finding
Located in City of
project Title/Location [Name and Address of Project]:
Encinitas. County of San Diego.
L-~~\ \EN~í\".E;fta.íLc.tL. ,v..f-.f. ~ - O~1 ("ME: E"JC~Ñ~tc,J Cf/-I fób)
~'S .fc~ì\A.NA ~c.f-\ (2..op--o éOL.\\J€N~IN)
Project Description:
,è,þ.T1"~ f~~l M~ ~t.- 4 fÞ-f2e-€L~ I rJ
11+f ~p.l, ~\.PeeJ1ìpL (0.2b - O. 5" D~/Ac-) "ZOÑ,NCr I) 1s1'fv\ëf .
Findings of Exemption
No impacts have been identified which will adversely affect:
(A)
Riparian land, rivers, streams, watercourses, and wetlands under state and
federal jurisdiction;
(B)
Native and non-natiye plant life and the soil required to sustain habitat
for fish and wildlife;
(C)
Rare and unique plant life and ecological communities dependent on plant
life; and
(D)
Listed threatened and endangered plant and animals and the habitat in
which they are believed to reside.
(E)
All species 9r plant or animals as listed as protect~d or identified for
special management in the Fish and Game Code, the Public Resources Code,
the Water Code or regulations adopted thereunder.
(F)
All marine and terrestrial species subject to the jurisdiction of the
Department of Fish and Game and the ecological communities in which they
reside.
(G)
All air and water resources the degradation of which will individually or
cumulatively result in a loss of biological diversity among the plants and
animals residing in that air and water. '
Please see Neaative Declar~tion~ initial study for more information.
certification:
I hereby certify that the lead agency has made the above findings of fact
and that based upon the initial study and hearing record the project will not
individually or cumulatively have an adverse effect on wildlife resources, as
defined in section 711.2 of the Fish and Game Code. ~t(p e~ ~
for Patrick S. Murphy
Title: Community Development Director
Lead Agency: .City of Encinitas
Date: ~
CR/03/PF2-319 WP5.1
(5/1/91-1)