1992-06
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RESOLUTION NO. OL 92-06
A RESOLUTION OF OLIVENHAIN COMMUNITY ADVISORY BOARD
APPROVING A TENTATIVE PARCEL MAP FOR 2 LOTS
AND CERTIFYING A NEGATIVE DECLARATION
FOR PROPERTY LOCATED AT 845 COLE RANCH ROAD
CASE NO.: 91-089 TPM/EIA
WHEREAS, Tom Mendenhall submitted a Tentative Parcel Map
application as required by the ci ty of Encini tas Subdi vision
Ordinance, for the purpose of subdividing a 1.25 acre site into 2
lots of .53 acres and .65 acres located at 845 Cole Ranch Road and
legally described as:
All that portion of Lots 73 and 74 of Colony Olivenhain,
in the County of San Diego, State of California,
according to Map thereof No. 326, filed in the Office of
the County Recorder of San Diego County, July 8, 1885.
WHEREAS, public hearings were conducted by the Olivenhain
Community Advisory Board on February 4, and March 3, 1992 as
required by law, and all persons desiring to be heard were heard.
WHEREAS, evidence was submitted and considered to include
without limitation:
a.
Plans submitted with the application and dated received
by the City on November 12, 1991 consisting of' the
revised Tentative Parcel Map;
b.
written information submitted with the application;
c.
Oral testimony from staff, applicant, and public made a
part of the record at said public hearings;
CAB staff report dated January 30, 1992 which is on file'
in the Office of Planning and community Development; and
d.
e.
Additional written documentation.
NOW THEREFORE, BE IT RESOLVED by the Olivenhain community
Advisory Board of the City of Encinitas, that proposed Tentative
Parcel Map #91-089 TPM/EIA for property located at 845 Cole Ranch
Road is hereby approved and a Negative Declaration certified based
upon the following findings:
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(See Attachment "A")
BE IT FURTHER RESOLVED that Tentative Parcel Map 91-089
TPM/EIA is hereby approved subject to the following conditions:
THE FOLLOWING CONDITIONS SHALL BE COMPLIED WITH BEFORE A FINAL
PARCEL MAP IS APPROVED BY THE OLIVENHAIN COMMUNITY ADVISORY BOARD
AND FILED FOR RECORDATION WITH THE COUNTY RECORDER OF SAN DIEGO
COUNTY.
THE PARCEL MAP SHALL SHOW AN ACCURATE AND DETAILED VICINITY MAP,
INCLUDING DISTANCES.
1.
GENERAL CONDITIONS
A.
This approval will expire on March 3, 1994, at 5:00 p.m.
unless the conditions have been met or an extension has
been approved by the Authorized Agency.
B.
This approval may be appealed to the Planning Commission
within 15 calendar days from the date of this approval.
C.
Approval of this request shall not waive compliance with
any sections of the zoning Development Code and all other
applicable ci ty Ordinances in effect at the time of
Building Permit issuance unless specifically waived
herein.
D.
Permits or proof of exceptions will be required from
other applicable authorized agencies prior to Final Map
recordation.
E.
The project is approved as described on the Tentative
Parcel Map received by the City on November 12, 1991 and
shall not be altered without Community Advisory Board
approval or as provided by Municipal Code.
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.
B.
For all new residential dwelling unites), the applicant
shall pay development fees at the established rate. Such
fees may include, but not be limited to: Permit and Plan
Checking Fees, School Fees, Water and Sewer Service Fees,
Traffic Fees, Drainage Fees, Affordable Housing In-Lieu
Fees, and Park Fees. Arrangements to pay these fees
shall be made, prior to recordation of the final map as
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3.
determined applicable by the Planning and community
Development Department.
c.
A plan shall be submitted for approval by the Director of
Planning and Community Development and the Encinitas Fire
Department 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.
D.
Property owners shall agree to preserve and save harmless
the City of Encini tas and each off icer 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.
FIRE PREVENTION DISTRICT:
Fire Prevention District
following conditions:
The applicant shall contact the
to assure compliance with the
A.
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 or a lesser width as determined
by the Fire Marshall.
B.
posting of Roadways: Emergency Access roadways (when
required) shall be posted per department standards.
C.
Obstructions: All traffic lanes shall be a minimum of
twenty (20) feet wide during construction and shall be
maintained clear and free of obstructions during
construction in accordance with Fire District Policy.
D.
Address Numbers: Address numbers shall be clearly
visible from the street fronting the structure. The
height of numbers shall conform to Fire district
Standards. Where structures are located off a roadway on
long driveways, a monument marker shall be placed at the
entrance where the driveway intersects the main roadway.
Permanent numbers shall be affixed to this marker.
E.
Automatic Fire Sprinkler systems: Structure(s) shall be
protected by an automatic fire sprinkler system.
sprinkler systems shall be installed to the satisfaction
of the Fire District.
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F.
Recordation: Prior to final recordation or development
approval, the applicant shall ,submit to the Planning
Department a letter from the Fire District 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 DEPARTMENTS: The applicant shall contact the
Public Works Department or City Engineer to assure compliance
with the following conditions:
4.
Grading Conditions
A.
No grading permits shall be issued for this subdivision
prior to recordation of the Final Map.
B.
The developer shall obtain a grading permit prior to the
commencement of any clearing or grading of the site.
C.
All newly created slopes within this project shall not be
steeper than 2:1.
Drainaqe Conditions
D.
The proposed project falls within areas indicated as
subject to flooding under the National Flood Insurance
Program and is subject to the provisions of that program
and City Ordinance.
E.
Concentrated flows across driveways and/or sidewalks
shall not be permitted.
street Conditions
F.
A registered civil Engineer or a licensed land surveyor
shall provide a signed statement that:
"The existing private roads of access to the project are
within the easements for the benefit of the land
division".
G.
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 city Engineer.
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 project. 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.
H.
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utilities
I.
J.
K.
5.
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The developer shall comply with all the rules,
regulations and design requirements of the respective
utility agencies regarding services to the project.
The developer shall be responsible for coordination with
SDG&E, Pacific Telephone, and other applicable utility
authorities.
L.
All proposed utilities within the project shall be
installed underground including existing utilities unless
exempt by the Municipal Code.
The developer shall be responsible for the relocation and
undergrounding of existing public utilities, as required.
M.
If private sewer will serve this development then a
maintenance agreement must be executed before recordation
of the Final Map.
ENVIRONMENTAL MITIGATIONS
A.
Earth Resources - A landscape plan must be submitted with
future construction plans, and, upon completion of
construction, said approved landscaping must be planted.
B.
Water - Future residents would be subject to water usage
limitations imposed by Olivenhain Municipal Water
District due to drought conditions. Future residences
must be designed for low water usage plumbing facilities,
and minimal landscape irrigation requirement.
C.
Noise - Hours of construction would be subject to City
limits.
D.
This project has been identified as having a potential
impact on fish and/or wildlife; therefore, pursuant to
section 711. 4 of the state Fish and Game Code, the
applicant must submit to the City of Encinitas a
negotiable check in the amount of $1,275.00 if this
project includes a negative declaration or a check in the
amount of $875.00 if this project includes an
Environmental Impact Report. The purpose of the above
State established fee is to defray the cost of managing
and protecting fish and wildlife resources which may be
impacted by development. The check made payable to the
County Clerk of San Diego County must be submitted prior
to the end of the 4th day after the end of the 15 day
appeal period if not appealed or, if the City Council
approved the project, at the end of the 4th day following
the City Council action. Failure to submit a negotiable
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check will cause the project approval to become null and
void since the environmental notice of determination
cannot be filed without payment of the above' fee or
authorized notice of exemption as provided in section
711.4. NO BUILDING PERMITS OR OTHER ENTITLEMENTS WILL BE
PROCESSED UNTIL THIS CONDITION IS SATISFIED..
PASSED AND ADOPTED
this 3rd day of March,
1992, by the
following vote, to wit:
AYES:
Mazanec, Van Slyke, Bode, Shafer, Kitnick
NAYS:
None
ABSENT:
None
ABSTAIN:
None
~
BRYAN R. ER,
CHAIRMAN OF THE OLIVENHAIN
COMMUNITY ADVISORY BOARD
ATTEST:
~l<-9-.~
craig Olson
Assistant Planner
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(A)
(B)
ATTACHKENT "A"
Findings for Approval of a Tentative Parcel Map
(91-089 TPM/EIA) for Subdivision of Property
Pursuant to section 66474
of the state Map Act
That the proposed map is consistent with the General Plan.
Facts: The application proposes 2 single family residential
lots. Net acreage is .53 acres for parcell and. 65 acres for
parcel 2. 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 2 parcels and the density study indicates that a
density of 2.36 units would be permitted given net acreage and
other General Plan identified constraints. An Environmental
Initial Study has been conducted for the project with General
Plan Policy related to zoning guidelines, grading limitations
and other General Plan Policies and a Negative Declaration has
been adopted pursuant to the Environmental Initial Study.
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 subdivisions 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. All 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 projects 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.
(C)
That the site
development.
physically
suitable
the
type
of
is
for
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(D)
Facts: The Tentative Parcel Map will meet all grading
regulations 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 two 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 all services are available to adequately
accommodate the future residential uses on the property. The
Environmental Initial Study indicates that the project 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 two single family residences.
That the site is physically suitable for the proposed density.
Facts: The Tentative Parcel Map proposes two parcels for the
future construction of two single family residences. The
square footage of each parcel exceeds the amount of square
footage required to satisfy General Plan density requirements.
Discussion: The density analysis for the project calculates
the net acreage deducting the area required for the private
street access at .07 acres and all of the acreage is in the 0-
25% slope range. The site has no identified constraints to
hinder future development in accordance with Zoning Code
Standards.
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.
(E)
That the design of the subdivision or the proposed
improvements are not likely to cause substantial environmental
damage or substantially and avoidably injure fish or wildlife
or their habitat.
Facts: The Environmental Initial study for the project
recommends that a Negative Declaration can be adopted for the
proposed Tentative Map since the design of the map and the
conditions of approval reduce environmental impacts to a level
below significance.
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(F)
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Discussion: staff has reviewed the Environmental
Documentation for the project and concurs with the
recommendation of a Negative Declaration by the Environmental
Consultant.
Conclusion: The Olivenhain Board finds that the project as
conditioned and future improvements on the project site will
not substantially 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 study.
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 Districts can
provide adequate service and utilities to the project site.
Discussion: The Tentative Parcel Map proposes to create two
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.
(G)
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 two residential parcels along a private easement
which conforms to City standards for private access.
Discussion: The private access easement will be improved to
a 20' wide paved width by the applicant from Cole Ranch Road.
The improvement will benefit not only the project but existing
properties that utilize the existing easement. The project
does not interfere with any proposed future public right-of-
way.
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.
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