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1992-15 . . . RESOLUTION NO. OL-92-15 A RESOLUTION OF THE OLIVENHAIN COMMUNITY ADVISORY BOARD OF THE CITY OF ENCINITAS APPROVING A TENTATIVE PARCEL MAP FOR A THREE LOT MINOR SUBDIVISION FOR PROPERTY LOCATED SOUTH OF LONE HILL LANE AND LEGALLY DESCRIBED HEREIN (CASE NO.: 92-038 TPM) WHEREAS, Wallace Knute submitted a Tentative Parcel Map application as required by the City of Encini tas Subdivision Ordinance for the purpose of subdividing one 10.17 acre site into three lots of 2.3, 2.54, and 4.23 net acres respectively; and WHEREAS, a public hearing was conducted by the Olivenhain Community Advisory Board on May 5, 1992, as required by law, and all persons desiring to be heard were heard; and WHEREAS, evidence was submitted and considered to include without limitation: a. Plans submitted with the application and dated received by the City on March 17, 1992; Written information submitted with the application; Oral testimony from staff, applicant, and public made a part of the record at said public hearing; CAB staff report dated April 29, 1992, which is on file in the office of Planning and Community Development; and Additional written documentation. b. c. d. e. NOW THEREFORE, BE IT RESOLVED by the Olivenhain Community Advisory Board of the City of Encinitas that the proposed Tentative Parcel Map for property being Parcell and Parcel 2 of PM 7656, being a portion of Section 5, T. 13 S., R. 3 W., S.B.M., City of Encinitas, County of San Diego, is hereby approved, and tha t approval is based upon the following findings: See Attachment "A" JO/02/CRO10-918wp511(5/11/92-3) . . . NOW THEREFORE, BE IT RESOLVED that Tentative Parcel Map 92-038 TPM is hereby approved subject to the following conditions: TH~ FOLLOWING CONDITIONS SHALL BE COMPLIED WITH BEFORE A PARCEL MAP IS APPROVED BY THE OLIVENHAIN COMMUNITY ADVISORY BOARD AND FILED 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 May 5, 1994, at 5:00 p.m. unless the conditions have been met or an extension has been approved by the Authorized Agency. This approval may be appealed to the Planning Commission within 15 calendar days from the date of this approval. B. C. Approval of this request shall not waive compliance with any sections of the Zoning Development Code and all other applicable City Ordinances in effect at the time of Building Permit issuance unless specifically waived herein. D. Permits of proof of exemption will be required from other applicable authorized agencies prior to Final Parcel Map recordation. E. proj ect is approved as submitted as evidenced by the Tentative Parcel Map received by the City of Encinitas on March 17,1992, and signed by a City Official as approved by the Olivenhain Community Advisory Board on May 5, 1992, and shall not be altered without Planning and Community Development Department review and approval. F. A Mitigation Monitoring and Reporting Program (MMRP) as setforth in the Negative Declaration herein referenced and pursuant to Conditions 6A and B shall be established and funded by the developer or property owner. The amount necessary will be determined by the Directors of the Public Works and Planning and Community Development Departments pr ior to issuance of any permits on the project. G. An open space easement shall be granted to the City over, upon, across and under the area defined on the final maps. No building, structures or other things shall be constructed, erected, placed or maintained on subject easements. JO/02/CRO10-918wp512(5/11/92-3) . H. By separate document prior to the recording of the final subdivision map, or on the final subdivision map, there shall be granted to the City an open space easement over Parcels 1. 2. and 3 and as herein described: The open space shall include the southerlY 100 feet of the pro;ect site and the easterlY 100 feet of the project site. Said open space easement(s) shall be approved as to form by the City Attorney and shall preclude use of said open space as setforth in the Negative Declaration herein approved and on file in the Department of Planning and Community Development. Grading for each lot shall require Design Review. A Design Review decision shall be rendered by the appropriate authorized agency. I. APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 2. A. SITE DEVELOPMENT . B. C. D. E. . 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 Parcel Map recordation. Street names shall be approved by the City prior to the recordation of the Final Map and street address shall be obtained prior to issuance of a Building Permit. 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 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. JO/02/CRO10-918wp513(5/11/92-3) . . . 3. 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, if building heights are proposed to be within two feet of the standard height envelope. ADDITIONAL APPROVALS REQUIRED A. B. C. D. E. All sales maps that are distributed or made available to the public shall include but not be limited to future and existing schools, parks, and streets. The developer shall provide a noise display board in the sales office to the satisfaction of the Planning and Community Development Director. The display shall include the site plan and applicable noise impact contours. Working drawings shall include a certification by a recognized acoustical expert that the requirements of the City of Encinitas Noise Ordinance will be met. The mitigation of archaeological impacts shall be accomplished through the recovery of a sufficient sample of either datable carbon or marine shell from at least two stratigraphic levels and from at least two locations within the site. These four datable samples shall be submitted for radiocarbon dating, with the results to be supplied as an addendum to this report. In order to recover these four samples, it is recommended that a backhoe be employed to excavate two to four profile trenches to a depth of two feet in order to extract the samples from portions of the site which would hold the highest likelihood to produce accurate dates (pursuant to Condition 6A and B). An archaeological monitor shall be present during the grading of Lot 1. The monitor will be charged with the responsibility for recovering any sensitive materials or hal ting grading to make any necessary evaluations of newly discovered deposits. This condition shall also be made part of the grading permit. APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 4. FIRE A. 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 JO/02/CROI0-918wp514(5/11/92-3) . . G. H. . B. and sewer systems. asphalt paving shall permanent access for shall be maintained Department. ACCESS ROADWAYS: The clear width 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. In addition, the first lift of be in place to provide adequate, emergency vehicles. Said access to the satisfaction of the Fire C. GRADE: 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. D. COMBUSTIBLE MATERIALS: Prior to the delivery of combustible materials on site, all water and sewer systems shall 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. FIRE HYDRANTS AND FLOWS: Submit a letter from the Fire Department stating their satisfaction with the type, number, and location of fire hydrants. Fire hydrants shall be of bronze construction and shall be identified by the installation of a blue two-side reflective road marker pursuant to Fire District Standards. Fire hydrant location: lot line between Lot 1 and 2. F. FUEL MODIFICATION: Submit to the Planning Department a letter from the Fire District that required fire/fuel breaks have been provided to the satisfaction of the Fire Marshal. 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 road. Permanent numbers shall be affixed to this monument. AUTOMATIC FIRE SPRINKLER SYSTEM: All new structures shall be protected by an automatic fire sprinkler systems. Sprinkler systems shall be installed to the satisfaction of the Fire District. JO/02/CROI0-918wp515(5/11/92-3) . . . I. RECORDATION: Prior to final recordation or development approval, the applicant shall verify to the Planning Department that all development impact, plan check and/or cost recovery fees have been paid or secured to the satisfaction of the Fire District. APPLICANT SHALL CONTACT THE CITY ENGINEERING DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 5. D. E. F. G. ENGINEERING All City Codes, regulations, and policies in effect at the time of tentative map approval shall apply. Gradinq 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. The grading for this project is defined in Chapter 23.24 of the Encinitas Municipal Code. Grading shall be performed 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 Encinitas 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. All newly created slopes within this project shall be no steeper than 2:1. A soils/geological/hydraulic report (as applicable) shall be prepared by a qualified engineer licensed by the state of California to perform such work prior to final map approval. The developer shall pay the current local drainage area fee prior to approval of the final map for this project or shall construct draining systems in conformance with the Master Drainage Plan and City of Encinitas Standards as required by the City Engineer. JO/02/CRO10-918wp516(5/11/92-3) . . . street Conditions H. 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." I. 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. J. Plans, specifications, and supporting documents for all improvements shall be prepared to the satisfaction of the City Engineer. Prior to approval of the final map, the Subdivider shall install, or agree to install and secure with appropriate security as provided by law, improvements shown on the tentative map and the following improvements to City Standards to the satisfaction of the City Engineer: The private road access easement shall be improved to meet the City standards for private roads from the project site to the nearest public dedicated street (Lone Jack Road), including public utilities and drainage facilities as necessary to protect the road. The improvements shall be done according to the approved plans for Lone Hill Road on file with the City Engineer's office. K. The design of all drainage systems shall be approved by the City Engineer prior to approval of the final map for this project. utilities L. The developer shall comply with all the rules, regulations and design requirements of the respective utility agencies regarding services to the project. M. The developer shall be responsible for coordination with S.D.G. & E., Pacific Telephone, and other utility authorities. N. All proposed utilities within the project shall be installed underground including existing utilities unless exempt by the Municipal Code. o. The developer shall be responsible for the relocation and undergrounding of existing public utilities, as required. JO/02/CRO10-918wp517(5/11/92-3) . . . Map P. This project will be approved specifically as 1 (single) phase. 6. Environmental Mitigation: A. Mitigation of cultural resource impacts shall be accomplished through the recovery of a sufficient sample of either datable carbon or marine shell from at least two stratigraphic levels and from at least two locations within the site. This mitigation measure shall be completed prior to any grading or other permit applications as part of the final conditions for the project. B. An open space easement along the southern and eastern 100 feet of the site shall be required to insure the preservation of the existing vegetative cover. BE IT FURTHER RESOLVED that the Olivenhain Community Advisory Board certified a Negative Declaration on October 17, 1989 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 5th day of May, 1992, by the following vote, to wit: Ayes: Schafer, Van Slyke, Mazanec, Kitnick Nays: None Absent: Bode ~e#- Bryan Schafer, Chairman of the Olivenhain Community Advisory Board, City of Encinitas Abstain: None ATTEST: ~~ « .o-D~ Craig Olson Assistant Planner JO/02/CRO10-918wp518(5/11/92-3) . . (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 3 single family residential lots having net acreages of 2.3, 2.54, and 4.23 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 3 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 previously and the study concluded that the project conforms with General Plan Policy. 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 pad areas 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 project 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. JO/02/CROI0-918wp519(5/11/92-3) . . (E) . (C) That the site development. 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 si te is physically suited to provide for two residential parcels in accordance with the development standards for the RR Zoning District. is physically suitable for the type of Discussion: The applicant has agreed to provide applicable utility services 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 three single family residences. (D) 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 at 9.08 acres deducting the area designated as being within Lone Hill Road and the significant wetland areas. The density calculation allows for 3 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. Included as a mitigation measure is a dedicated open space easement. JO/02/CRO10-918wp5110(5/11/92-3) . . . (F) (G) 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 adopted a Negative Declaration on October l7, 1989 for the proj ect in accordance with the recommendation of the Environmental Initial Assessment study. That the design of the subdivision or type of improvements is not likely to cause serious public health problems. Facts: The applicant has agreed and is conditioned to provide the necessary amount of utilities to adequately service 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 within the proposed subdivision Facts: The Tentative Parcel Map indicates adequate access to each of the three residential parcels along Lone Hill Lane which conforms to City standards for access. Discussion: The design of the Tentative Parcel Map will not conflict with any easements for utilities or roadways. 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/CRO10-918wp5111(5/11/92-3)