1992-14
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RESOLUTION NO. OL-92-14
A RESOLUTION OF THE OLIVENHAIN COMMUNITY ADVISORY
BOARD OF THE CITY OF ENCINITAS APPROVING
A TENTATIVE PARCEL MAP FOR A TWO LOT SUBDIVISION
AND A MINOR USE PERMIT FOR AN ACCESSORY APARTMENT
FOR PROPERTY LOCATED AT 3111 BROOKSIDE LANE
AND LEGALLY DESCRIBED HEREIN
(CASE NO.: 92-003 TPM/MIN/EIA)
WHEREAS, requests for consideration of a Tentative Parcel Map
for a two lot minor subdivision and a Minor Use Permit application
for an Accessory Apartment were filed by Ray and Patty Wakeham and
Gregory Castle to allow for the subdivision of a 4.9 acre parcel
into 2 single family residential parcels for property located at
3111 Brookside Lane, legally described as;
That Portion of COLONY OLIVENHAIN, in the ci ty of
Encinitas, County of San Diego, State of California,
according to Map thereof 326, filed in the office of the
County Recorder of San Diego County, July 8, 1885, as
more particularly described in Document # 89-603179
recorded with the County Recorder on November 6, 1989.
WHEREAS, public hearings were conducted on the application on
March 3 and April 7,1992 before the Olivenhain Community Advisory
Board; and
WHEREAS, the Community Advisory Board considered:
1.
The staff reports dated February 27 and April 1, 1992;
and
2.
The application, Tentative Parcel Map and Design Plans
for a 2 Parcel Subdivision received by the ci ty on
January 9, 1992. Said Tentative Parcel Map submittal
consisting of 3 pages including the Tentative Parcel Map,
a Slope Analysis, and a Flood Area Map, and the Design
Plans consisting of 5 sheets of roof plans, floor plans
and elevations in conformance with the City's established
application requirements for Tentative Map and Minor Use
Permit submittal; and
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3.
The Environmental Initial Assessment prepared by Diana
Richardson which recommended a Mitigated Negative
Declaration; and
4.
Oral evidence received from the public, the applicant and
City staff submitted at the hearing; and
5.
written evidence submitted at the hearing; and
6.
The adopted General Plan, Zoning Code, Subdivision
Ordinance and associated Land Use Maps; and
WHEREAS, the Olivenhain Community Advisory Board made the
following findings pursuant to Section 66474 of the Subdivision Map
Act and Section 30.74.070B of the Municipal Code related to Use
Permits:
SEE ATTACHMENT "A"
NOW THEREFORE, BE IT RESOLVED that Tentative Map No.92-003TPM
as shown on the Map dated received January 9, 1992 by the City of
Encinitas and the application for a Minor Use Permit for an
Accessory Apartment
is
approved by the Olivenhain
Community
Advisory Board subject to the following conditions:
1.
GENERAL CONDITIONS
A.
The Tentative Map shall expire on April 7, 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.
This approval may be appealed to the Planning Commission
within 15 calendar days from the date of this approval.
B.
C.
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.
D.
Permits or proof of exemption will be required from other
applicable authorized agencies prior to Final Map
recordation.
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2.
E.
F.
G.
H.
E.
The Tentative Parcel Map is approved as submitted or as
conditioned herein and shall not be altered without the
Community Advisory Board's review and approval.
APPLICANT SHALL CONTACT THE DBPARTHBNT OJ' PLAHNING AND
COMMUNITY DEVELOPMENT REGARDING COMPLIANCB WITH THE J'OLLOWING
CONDITIONS:
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
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.
B.
C.
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
adjacent properties to the satisfaction of the City
Engineer.
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.
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, if building heights are
proposed to be within two feet of the standard height
envelope.
All structures which straddle or cross any property line
or are located within any required setback area
established by this subdivision shall be demolished prior
to the issuance of a building permit for Parcel 2.
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
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4.
.
3.
B.
the property owner.
MINOR USE PERMIT
A.
The property owner shall execute and record, to the
satisfaction of the Community Development Director, a
covenant which shall remain with the Title to the
property. Said covenant shall include the following
provisions:
(a) Occupancy of the Accessory Apartment shall be
limited to family members, the elderly or handicapped
individuals as specified in Section 30.48.040W of the
Municipal (Zoning) Code; and
(b) The property owner consents to reasonable inspection
of the property by the Code Enforcement Officer to verify
that the occupancy restrictions are being maintained; and
(c) The owner will provide the Community Development
Department a Certification of Eligibility for the
occupants of the Accessory Apartment prior to occupancy
of the apartment. The next successive occupants shall
also provide a Certification of Eligibility prior to
occupancy of the Accessory Apartment. The property owner
shall notify any successive owner of the property of
these restrictions on the occupancy of the Accessory
Apartment either directly or by a copy of the covenant
recorded on the Title to the property.
(d) No additional living area may be added to the
Accessory Apartment unless approval is first granted by
the Ci ty pursuant to Municipal Code and development
standards. Prior to occupancy of the Accessory
Apartment, the Code Enforcement Officer shall inspect the
property to confirm that the property owners occupy the
main structure as their primary residence.
The separate sale of the Accessory Apartment or its
rental to non-qualified individuals is strictly
prohibi ted. The Accessory Apartment shall, at all times,
be maintained to retain the appearance of a detached
single family dwelling unit.
A.
FIRE PREVENTION DISTRICT
B.
Access Roadways: The clear and unobstructed paved width
of a fire access roadway shall not be less than twenty-
four (24) feet. EXCEPTION: A roadway providing access to
a single family residence shall not be less than sixteen
(16) feet in paved width.
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.
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G.
H.
5.
C.
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.
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.
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E.
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.
F.
FIRE HYDRANTS AND FLOWS: Submit 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
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:
A.
GRADING CONDITIONS:
All City Codes, regulations, and policies in effect at
the time of Final Map submittal shall apply. No grading
permits shall be issued for this subdivision prior to
recordation of the Final Map for more than one lot. The
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H.
I.
J.
B.
developer shall obtain a grading permit prior to the
commencement of any clearing or grading of the site.
The grading for this project is defined in Chapter 23.24
of the Encini tas 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, submi t required reports to the
City Engineer and verify compliance with Chapter 23.24 of
the Municipal Code.
C.
No grading shall occur outside the limits of the
subdivision unless a letter of permission is obtained
from the owners of the affected properties.
D.
All newly created slopes within the project shall be no
steeper than 2:1.
E.
A soils/geological/hydraulic report (as applicable) shall
be prepared by a qualified engineer liscensed by the
state of California to perform such work at first
submittal of a grading plan.
DRAINAGE CONDITIONS:
F.
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.
Concentrated flows across driveways and/or sidewalks
shall not be permitted.
G.
STREET CONDITIONS:
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".
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 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-val ue tests. The standard
improvement plan check deposit is required.
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K.
UTILITIES:
The developer shall be responsible for coordination with
SDG&E, Pacific Telephone, and all other utility agencies.
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L.
The developer shall be responsible for the relocation of
existing public utilities, as required.
MAP:
M.
This project shall be approved specifically as one (1)
single phase.
N.
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
6.
COMMUNITY SERVICES DEPARTMENT: The developer shall contact
the Community Services Department prior to Final Map approval
to finalize the location and required improvements for the
recreation trail as required on the Tentative Map. Said
trails shall be shown on the Final Map as agreed to in the
March 24, 1992 letter from the Community Services Department
(Mike Wells).
ENVIRONMENTAL MITIGATIONS:
7.
A.
The applicant shall submit a soils report to the City for
review and approval by the City Engineer prior to the
issuance of a grading permit.
B.
Prior to any grading on the property, the developer shall
install a silt fence on the north side of the floodplain
boundary to the satisfaction of the City Engineer. Said
silt fence shall remain in place until project
landscaping is established to the satisfaction of the
Director of Community Development.
C.
A drainage plan shall be submitted to, and approved by,
the City Engineer prior to the issuance of a grading
permit.
D.
The property owner shall grant an open space easement on
the Final Map over the floodplain area of the property to
the satisfaction of the Director of Community Development
and the City Engineer.
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: and the
Mitigations recommended by the Initial Study have been made
conditions of project approval.
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PASSED AND ADOPTED this
following vote, to wit:
AYES:
7th day of April,
1992
by the
Schafer, Van Slyke, Bode, Mazanec, Kitnick
NAYS:
None
ABSENT:
None
ABSTAIN:
None
AC;:b~.~
Craig R. Olson
Assistant Planner
Bryan R. chafer, Chairman of
the Olivenhain Community
Advisory Board, City of
Encinitas
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(B)
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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 2 single family residential
lots having net acreages of 2.17 and 2.0 acres. The property
is located within the Rural Residential (RR) Zoning District
which requires a minimum net lot area of 2 acres for property
outside of any flood plain areas. The parcels are configured
and designed in such a manner as to permit future development
which would conform to current development standards and
access is provided to each proposed parcel.
Discussion: The project conforms to the General Plan density
requirements for the RR Zoning District since the project
proposes 2 parcels and the density study indicates that a
density of 2.05 units would be permitted given net acreage and
other General Plan identified constraints. An Environmental
Initial Assessment has been conducted for the project proposal
and the study concluded that the project conforms with General
Plan Policy related to buffer areas to wetlands and 100-year
flood plains, 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 Zoning
District. Future building pads are provided in such a way as
to accommodate a single family residence to conform to
currently required setbacks. 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 Assessment that
has determined that the proj ect conforms to Zoning Code
standards and the project design is consistent with General
Plan provisions for the Rural Residential Zoning District.
Conclusion: Therefore, the Olivenhain Board finds that the
Tentative Parcel Map's design is consistent with the General
Plan.
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(E)
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(C)
That the site
development.
is
physically
suitable
for
the
type
of
Facts: The Tentative Parcel Map proposes to minimize grading
to the extent required to accommodate future single family
residences. 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 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 Assessment indicates that the project is
designed to satisfy development requirements of the RR Zoning
District and comply with 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.
(D)
That the site is physically suitable for the proposed density.
Pacts: The Tentative Parcel Map proposes two parcels for the
future construction of two single family residences.
Discussion: The density analysis for the project calculates
the net acreage deducting the area designated as being within
the 100-year flood plain and permitting only half of the 0.16
acres within the 25 to 40% slope range to count towards
project density. The density calculation allows for 2 parcels
in accordance with Municipal (Zoning) Code standards.
Conclusion: Therefore, the Olivenhain Board finds that the
Tentative Parcel Map conforms to the density requirements for
the RR Zoning District established by the General Plan and
that the site is physically suitable for the proposed density.
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: An Environmental Initial Assessment 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 Tentative Map since the design of the map and the
conditions of approval reduce or mitigate environmental
impacts to a level below significance.
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
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(G)
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(A)
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(F)
accordance with the recommendation
Initial Assessment study.
That the design of the subdivision or type of improvements is
not likely to cause serious public health problems.
of
Environmental
the
Pacts: 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 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.
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 private easements
which conform to City standards for private access. All other
known easements for utilities or access are indicated on the
Tentative Parcel Map.
Discussion: The design of the Tentative Parcel Map will not
conflict with any easements for utilities or roadways. The
Tentative Parcel Map has been conditioned to require all
structures straddling any lot lines to be demolished prior to
Final Parcel Map recordation and/or the issuance of a building
permit for Parcel 2.
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.
Findings for Approval of a
Minor Use Permit for an Accessory Apartment
in Accordance with section 30.74.070B of the
Municipal (Zoning) Code
The location, size, design or operating characteristics of the
proposed project will be compatible with and will not
adversely affect and will not be materially detrimental to
adjacent uses, residences, buildings, structures or natural
resources, with consideration given to, but not limited to:
1.
The adequacy of public facilities, services and utilities
to serve the proposed project;
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(C)
2.
The suitability of the site for the type and intensity of
use or development which is proposed; and
The harmful effect, if any, upon environmental quality
and natural resources of the City:
Facts: The proposed Accessory Apartment is situated to be
compatible with the design of the main residential structure
and to appear as a normal single family residence from the
street and surrounding neighborhood. All utilities are
available to the site and the Environmental Initial Assessment
for the project did not identify any impacts that cannot be
mitigated to a level below significance.
3.
Discussion: staff can find no evidence to indicate that the
Accessory Apartment would not be compatible with surrounding
uses or that it would adversely affect natural resources.
Conclusion: The Olivenhain Community Advisory Board finds
that the project proposes no adverse impacts to the existing
residential neighborhood within which the project is located.
The proj ect conforms in all aspects with the development
standards of the Rural Residential (RR) Zoning District and
the property owner has gained Minor Use Permit approval for
the Accessory Apartment to house individuals in accordance
wi th Chapter 30.48 of the Municipal (Zoning) Code which
regulates accessory uses. All public utilities and facilities
necessary to conduct the residential use currently exist for
the site.
(B)
The impacts of the proposed project will not adversely affect
the policies of the Encinitas General Plan or the provisions
of the Municipal Code:
Facts: The Accessory Apartment conforms to all development
standards for the Zoning District in which it is located and
the Environmental Initial Assessment found that the project
conforms to all policies of the General Plan.
Discussion: staff can find no evidence to indicate that the
Accessory Apartment use would adversely affect the policies of
the General Plan or the applicable standards of the Municipal
(Zoning) Code after having reviewed all evidence submitted
during the project review period.
Conclusion: The Board can identify no policies of the General
Plan that would be adversely affected by the proposed
Accessory Apartment. The Accessory Apartment is permitted by
Section 30.48.040W of the Zoning Ordinance since the square
footage does not exceed the maximum of 640 square feet and the
occupancy of the apartment will be limited to only authorized
individuals as a condition of the Minor Use Permit. All other
development standards of the RR Zoning District are satisfied
by the project design.
The project complies with all other regulations, conditions or
policies imposed by the Municipal Code.
.
Facts: The Accessory Apartment complies with all the
standards specified by section 30.48.040W of the Municipal
(Zoning) Code. In addition, the approval is conditioned by
the Use Permit to assure continued compliance with the
provisions of the Municipal Code.
Discussion: staff can find no evidence in the material
reviewed during the processing of the application that would
indicate that the proposed Accessory Apartment does not comply
with regulations conditions or policies of the Municipal Code.
Conclusion: since the Zoning Ordinance allows for Accessory
Apartments as an accessory use to a single family residence
upon issuance of a Minor Use Permit and the project conforms
in all other aspects with the Development Standards of the RR
Zoning District, the Board finds that all regulations,
condi tions and pol icies of the ci ty' s Municipal Code are
satisfied.
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