1992-05
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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.
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.
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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
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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:
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O.
P.
Q.
MAP:
R.
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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.
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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.
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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
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(B)
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(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.
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(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.