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1992-06 . . . 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: JO/02/CRO10-889wp51 (2/27/92-3) . . . (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 JO/02/CRO10-889wp51 (2/27/92-3) . . . 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. JO/02/CRO10-889wp51 (2/27/92-3) . . . 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. JO/02/CRO10-889wp51 (2/27/92-3) . utilities I. J. K. 5. . . 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 JO/02/CRO10-889wp51 (2/27/92-3) . . . 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 JO/02/CRO10-889wp51 (2/27/92-3) . . . (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 JO/02/CRO10-889wp51 (2/27/92-3) . . . (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. JO/02/CRO10-889wp51 (2/27/92-3) . (F) . . 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. JO/02/CRO10-889wp51 (2/27/92-3)