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1992-04 . . . 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. . 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: . . 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. . . . 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: . 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 ~ ,> . . . 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", )" ~rJA Wf'5\ t) f /4 ~ I TA LANfi 0 l-t V e£'J ~1 rJ ~CtJ ~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..~,- I I4u ~C;~ ~ 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) - ~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 " . :"'4 ,.1 . ,"'~ ' . ,...,.-;-.'...--- -'--" - -""----',.. . ..'-'"," " .... -"-" ,..,' ,~."c ' 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)