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1992-05 . . . RESOLUTION NO. OL-92-0S A RESOLUTION OF THE OLIVENHAIN COMMUNITY ADVISORY BOARD OF THE CITY OF ENCINITAS APPROVING A TENTATIVE PARCEL MAP FOR A THREE LOT SUBDIVISION FOR PROPERTY LOCATED AT 2896 LONE JACK ROAD AND LEGALLY DESCRIBED HEREIN (CASE NO.: 91-139 TPM/EIA) WHEREAS, a request for consideration of a Tentative Parcel Map was filed by Phillip Hodges and Logan Engineering to allow for the subdivision of a 3.01 acre parcel into 3 single family residential parcels for property located at 2896 Lone Jack Road, legally described as; That Portion of Lot 18 of the Subdivision of Rancho Las Encinitas, in the City of Encinitas, County of San Diego, State of California, according to Map thereof 848, filed in the office of the County Recorder of San Diego county, June 27, 1898, and a portion of vacated IIJII Street adjacent to Block 18 described in Document # 75-100805 recorded on April 15, 1975. WHEREAS, public hearings were conducted on the application on September 17 and October 8, 1991 and on February 4 and March 3, 1992 before the Olivenhain Community Advisory Board; and WHEREAS, the Community Advisory Board considered: 1. The staff reports dated September 9 and October 1, 1991 and January 30 and February 26, 1992; and The application, Tentative Parcel Map and Grading Study for a 3 Parcel Subdivision received by the City on July 24, and December 12,1991 in conformance with the City's established application requirements for Tentative Map submittal; and 2. 3. Oral evidence received from the public, the applicant and City staff submitted at the hearings; and 4. Written evidence submitted at the hearings; and The adopted General Plan, Zoning Code, Subdivision Ordinance and associated Land Use Maps; and 5. . . . WHEREAS, the Olivenhain Community Advisory Board made the following findings pursuant to Section 66474 of the Subdivision Map Act: SEE ATTACHMENT "A" NOW THEREFORE, BE IT RESOLVED that Tentative Map No.91-193TPM as shown on the Map dated received July 24 and the Grading Study received December 12, 1991 by the City of Encinitas is approved by the Olivenhain community Advisory Board subject to the following conditions: 1. GENERAL CONDITIONS A. The Tentative Map shall expire on March 3,1994, twenty- four months after Community Advisory Board approval unless an appeal is filed, a Final Map is recorded, or an extension of time has been approved by the Community Advisory Board. B. This approval may be appealed to the Planning Commission within 15 calendar days from the date of this approval. Approval of this application shall not waive compliance wi th any sections of the Zoning Code and all other applicable City Ordinances in effect at the time of Building Permit issuance unless specifically waived herein. C. D. Permi ts or proof of exemption will be required from other applicable authorized agencies prior to Final Map recordation. E. The Tentative Parcel Map is approved as submitted or as conditioned herein and shall not be altered without the Community Advisory s review and approval. APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 2. SITE DEVELOPMENT A. Prior to any use of the project site in reliance on this approval, all conditions of approval contained herein shall be completed, or agreed upon, to the satisfaction of the Director of Community Development. For new residential dwelling unit(s), the applicant shall pay development fees at the established rate. Such fees may include, but shall not be limited to: Permit and B. . . . 3. A. B. C. Plan Checking Fees, School Fees, Water and Sewer Service Fees, Traffic Fees, Drainage Fees, Affordable Housing in- lieu Fees and Park Fees. Arrangements shall be made to the satisfaction of the appropriate department or agency to pay the impact fees prior to Final Map recordation. Street names shall be approved by the City prior to the recordation of the Final Map and street addresses shall be obtained prior to issuance of a Building Permit. D. Any change to the natural drainage or concentration of drainage shall be adequately handled and shall not impact adj acent properties to the satisfaction of the ci ty Engineer. E. A plan shall be submitted for approval by the Director of Planning and community Development and the Encinitas Fire Protection District regarding the treatment of the site during the construction phase, and the circulation and parking of construction workers' vehicles and any heavy equipment needed for the construction of the project. F. A licensed surveyor shall verify the height of the structures at the time of framing inspection to certify that the heights do not exceed the height measurements specified on the approved plans. G. Property owners shall agree to preserve and save harmless the City of Encinitas and each officer and employees thereof from any accident, loss, or damage to persons or property happening or occurring as the proximate result of any of the work undertaken to complete this project, and that all of said liabilities are hereby assumed by the property owner. LANDSCAPING A detailed landscape and irrigation plan shall be submitted to and approved by the Community Advisory Board prior to grading permi t approval in accordance wi th mitigation condition 6B. Future structures on Parcels 1 and 2 shall receive Design Review approval pursuant to the provisions of the Municipal Code. Grading and landscape plans shall be submitted for review and approval as a part of the Design Review application. All required plantings shall be in place prior to use or occupancy of new buildings or structures. All required plantings and automated irrigation systems shall be maintained in good growing and working condition and, whenever necessary, shall be replaced with new plant materials or irrigation parts to ensure continued compliance with applicable landscaping, buffering, and screening requirements. All landscaping and irrigation systems shall be maintained in a manner that will not depreciate adjacent property values and otherwise adversely affect adjacent properties. . . . 4. A. E. F. G. H. FIRE PREVENTION DISTRICT Access Roadways: The clear and unobstructed paved width of a fire access roadway shall not be less than twenty (20) feet. EXCEPTION: A roadway providing access to a single family residence shall not be less than sixteen (16) feet in paved width. B. The gradient for a fire apparatus access roadway shall not exceed 20%. The angle of departure and approach shall not exceed the maximum allowed by the Fire Chief. Building identification and/or addresses shall be placed on all new and existing buildings so as to be plainly visible from the street or access road; color of identification and/or addresses shall contrast with their background color. The height of numbers shall conform to Fire District standards. Where structures are located off a roadway on long driveways, a monument shall be placed at the entrance where the driveway intersects the main roadway. Permanent address numbers shall be displayed on this monument. c. 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 asphalt paving shall be in place to provide a permanent all weather access for emergency vehicles. Said access shall be maintained to the satisfaction of the Fire District. OBSTRUCTIONS: All traffic lanes shall be a minimum of twenty-four (24) feet wide and shall be maintained free and clear of obstructions at all times during construction in accordance with Fire District Policy. FIRE HYDRANTS AND FLOWS: Submi t a letter from the Encinitas Fire Prevention District stating satisfaction with the type, number and location of fire hydrants. A letter from the water agency serving the area shall be provided which states that the required fire flow is available. Provisions shall be made to ensure a maximum water pressure at the hydrant does not exceed 250 psi. A pressure reducing station will be required for pressures in excess of 250 psi. Fire hydrants shall be of a bronze type and shall be identified by the installation of a blue two-sided reflective road marker pursuant to Fire District standards. Structures shall be protected by automatic fire sprinkler systems. Sprinkler systems shall be installed to the satisfaction of the Encinitas Fire Protection District. Prior to final recordation, the applicant shall submit to the Planning Department a letter from the Fire District . . . 5. stating that all development impact, plan check and/or cost recovery fees have been paid or secured to the satisfaction of the Fire District. PUBLIC WORKS' CITY ENGINEER The applicant shall contact the City Engineering Department regarding compliance with the following conditions: GRADING CONDITIONS: A. No grading permits shall be issued for this subdivision prior to recordation of the Final Map. B. The grading for this project is defined in Chapter 23.24 of the Encinitas Municipal Code. Grading shall be preformed under the observation of a civil Engineer whose responsibility it shall be to coordinate site inspection and testing to ensure compliance of the work with the approved grading plan, submit required reports to the City Engineer and verify compliance with Chapter 23.24 of the Municipal Code. No grading shall occur outside the limits of the subdivision unless a letter of permission is obtained from the owners of the affected properties. C. D. All newly created slopes within the project shall be no steeper than 2:1. DRAINAGE CONDITIONS: E. A drainage system capable of handling and disposing of surface water originating within the subdivision, and all surface waters that may flow onto the subdivision from adjacent properties, shall be required. Said drainage system shall include any easement and structures as required by the City Engineer to properly handle the drainage. F. The developer shall pay the current local drainage area fee prior to approval of the Final Map for this project or shall construct drainage systems in conformance with the Master Drainage Plan and City of Encinitas Standards as required by the City Engineer. The owner of the subject property shall execute a hold harmless covenant regarding drainage across the adjacent property prior to approval of the Final Map for this project. G. H. Concentrated flows across driveways and/or sidewalks shall not be permitted. STREET CONDITIONS: I. A registered civil Engineer or a licensed land surveyor shall provide a signed statement that: liThe existing . private roads of access to the project are within the easements for the benefit of the land division". J. Reciprocal access and maintenance and/or agreements shall be provided ensuring access to all parcels over private roads, drives, or parking areas and maintenance thereof, to the satisfaction of the Director of Public Works. K. An Irrevocable Offer of Dedication (IOD) shall be made for 51 feet from SA 680 centerline along the south line adjacent to the property for SA 680 public right-of-way purposes. L. The property owner shall execute and record a covenant for the benefit of the City with the County Recorder agreeing not to oppose the formation of an assessment district to fund the installation of right-of-way improvements. M. The design of all private streets and drainage systems shall be approved by the City Engineer prior to approval of the Final Map for this proj ect. The structural section of all private streets shall conform to City of Encini tas standards based on R-value tests. The standard improvement plan check deposit is required. N. UTILITIES: . O. P. Q. MAP: R. . All proposed utilities within the project shall be installed underground including existing utilities unless exempt by the Municipal Code. The developer shall comply with all the rules, regulations and design requirements of the respective utility agencies regarding services to the project. Utility easements shall be provided to the specification of the serving utility companies or the City Engineer. A private engineering firm shall be retained to inspect and certify sewer lines installed beneath public/private streets. If private sewer will serve this development then a maintenance agreement must be executed prior to recordation of the Final Map. The developer shall be responsible for coordination with SDG&E, Pacific Telephone, and all other utility agencies. The developer shall be responsible for the relocation and undergrounding of existing public utilities, as required. This project shall be approved specifically as one (1) single phase. . . . 6. D. E. S. The developer shall contact the Olivenhain Municipal Water District regarding compliance with the following conditions: (a) (b) Each of the parcels are to be metered separately. District access through the easement available and maintained at all times. shall be T. The developer shall contact the Encinitas Sanitary District to assure that parcel 3 receives a utility easement over parcels 1 and 2 for the private sewer lateral. ENVIRONMENTAL MITIGATIONS: A. All geotechnical recommendations for the site development contained in the Western Soil and Foundation Engineering, Inc. report dated July 17, 1990 and additional comments from same in the letter to applicant dated September 30, 1991 shall be adhered to including site preparation, foundation specifications, construction of cut and fill slopes, drainage system construction, retaining wall construction and all other requirements. An erosion control landscape plan shall be provided for the revegetation of all exposed manufactured banks and other sloping disturbed areas. The plan shall be prepared per City of Encinitas standards in accordance with Section 23.24.380 of the Grading Ordinance, to the satisfaction of the City Engineer. B. C. All requirements of the City Engineer and Public Works Department regarding drainage condi tions, grading conditions, street conditions, and utility installations shall be adhered to. Upon the review of construction plans for building pads 1 and 2, it shall be determined that the structures are consistent with the setback requirements for the proposed SA 680 right-of-way. The size, type and placement of any retaining walls and proposed landscaping shall be determined to be compatible to surrounding developed properties to reduce possible visual impacts to Lone Jack Road to the satisfaction of the Director of Community Development. A minimum eight (8) foot wide section of texturized pavement such as coarse broomed concrete with a maximum cross sectional pitch of 5% shall be located parallel to Lone Jack Road crossing the access roads to the residential parcels for the purpose of providing a recreational trail pursuant to the Recreational Trail Element of the General Plan. Said improvement shall be constructed to the satisfaction of the Director of Community Services. . . . BE IT FURTHER RESOLVED that the Olivenhain Community Advisory Board certified a Negative Declaration for the project pursuant with CEQA and the City's Environmental Review Guidelines in accordance with the Environmental Initial Study identified as State Clearinghouse #92011058; and the Mitigations recommended by the Initial Study have been made conditions of project approval. PASSED AND ADOPTED this 3rd day of March, following vote, to wit: AYES: Mazanec, Van Slyke, Kitnick, Bode, Schafer NAYS: None ABSENT: None ABSTAIN: ~ ~ / Bryan R. Schafer, the Olivenhain Advisory Board, Encinitas None Z%~ ~ . oO~ Craig R. Olson Assistant Planner 1992 by the Chairman of Community Ci ty of . . (B) . (C) ATTACHMENT "A" Findings for Approval of a Tentative Parcel Map for Subdivision of Property Pursuant to section 66474 of the State Map Act (A) That the proposed map is consistent with the General Plan. Facts: The application proposes 3 single family residential lots ranging in net acreage from 0.51 acres to 1.24 acres. The property is located within the RR-2 Zoning District which requires a minimum net lot area of 21,500 square feet (0.49 acres) and access is provided to each proposed parcel. Discussion: The project conforms to the General Plan density requirements for the RR-2 Zoning District since the project proposes 3 parcels and the density study indicates that a density of 3.55 units would be permitted given net acreage and other General Plan identified constraints. An extended Environmental Initial Study has been conducted for the proj ect proposal and the study concluded that the project conforms with General Plan Policy related to steep slope encroachment limitations, grading limitations and other General Plan Policies. Conclusion: Therefore, the Olivenhain Community Advisory Board finds the Tentative Parcel Map is consistent with the General Plan. That the design or improvement of the proposed subdivision is consistent with the General Plan. Facts: The Tentative Parcel Map proposes lot sizes in excess of the minimum net lot sizes required for the RR-2 Zoning District. Future building pads are provided in such a way as to accommodate a single family residence to conform to required setbacks with or without the future SA 680 right-of- way being implemented. All other design requirements for future residences on the proposed lots can be accommodated by the design of the Tentative Parcel Map. Discussion: The evidence reviewed for the proposed subdivision includes an Environmental Initial Study that has determined that the project conforms to Zoning Code standards and the project design is consistent with General Plan provisions for the RR-2 Zoning District. Conclusion: Therefore, the Olivenhain Board finds that the Tentative Parcel Map's design is consistent with the General Plan. That the site development. is physically suitable for the type of . (D) . (E) . Facts: The Tentative Parcel Map proposes to minimize grading to the extent required to accommodate future single family residences and the majority of the site will be maintained in natural topography. The parcels are provided adequate access and the site is physically suited to provide for three residential parcels in accordance with the development standards for the RR-2 Zoning District. Discussion: The applicant has submitted "will service" letters from the Sewer, Water, Fire and School Districts to indicate that';;,ll services are available to adequately accommodate the tùture residential uses on the property. The Environmental Ini tial Study indicates that the proj ect is designed to satisfy development requirements of the RR-2 Zoning District and General Plan Policies. Conclusion: Therefore, the Olivenhain Board finds that the site is physically suitable to accommodate the future development of three single family residences. That the site is physically suitable for the proposed density. Facts: The Tentative Parcel Map proposes three parcels for the future construction of three single family residences. Discussion: The density analysis for the project calculates the net acreage deducting the area required for the private street access and half of the acreage within the 25 to 40% slope range. None of the area in excess of 40% slope is used towards project density. Conclusion: Therefore, the Olivenhain Board finds that the Tentative Parcel Map conforms to the density requirements for the RR-2 Zoning District established by the General Plan and that the site is physically suitable for the proposed density. That the design of the subqivision or the proposed improvements are not likely to cause substantial environmental damage or subst~ntially and avoidably injure fish or wildlife or their habitat. Facts: An extenc:1ed Environmental Initial Assessment study was conducted for the proposed Tentative Parcel Map. Discussion: The Environmental Initial Assessment study recommended that a Negative Declaration can be adopted for the proposed Tentath'a Map since the design of the map and the condi tions of approval reduce environmental impacts to a level below significan~e. Conclusion: Th~ Olivenhain Board finds that the project as conditioned and future improvements on the project site will not substantia_Iy damage environmental resources nor substantially injure fish or wildlife or their habitat and the Board adopts a Negative Declaration for the project in accordance with the recommendation of the Environmental Initial Assessment study. . . . (F) (G) That the design of the subdivision or type of improvements is not likely to cause serious public health problems. Facts: The applicant has submitted "will service" letters to indicate that the Sewer, Water, Fire and School District can provide adequate service and utilities to the project site. Discussion: The Tentative Parcel Map proposes to create three residential lots for future home sites. No evidence has been submitted to indicate that a serious public health problem would occur should the residences be constructed. Conclusion: Therefore, the Olivenhain Board finds that the design of the subdivision and future residences on the site can be adequately serviced with necessary utilities and the project will not cause any serious public health problems. 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 wi thin the proposed subdivision Facts: The Tentative Parcel Map indicates adequate access to each of the three residential parcels along private easements which conform to City standards for private access. The proposed right-of-way for Highway SA 680 is located along the southern portion of the project site. Discussion: While the exact easement right-of-way and whether or not Highway SA 680 will ever be implemented has not been determined, the Tentative Parcel Map provides building pads which would be able to maintain current setback requirements if SA 680 is ever located along the southern portion of the site. Conclusion: Therefore, the Olivenhain Board finds that the design of the subdivision and future improvements will not conflict with any public easements or hinder access to, or the use of, property within the proposed subdivision.