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1992-14 . . . 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 . . . 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. . . . 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 . . 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. . . . 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. . 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 . . 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. . K. UTILITIES: The developer shall be responsible for coordination with SDG&E, Pacific Telephone, and all other utility agencies. . . . 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. . . . 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 . . (B) . 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. . . (E) . (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 . (G) . (A) . (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; . . . (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. . .