1992-15
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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)
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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)
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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
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B.
C.
D.
E.
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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)
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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)
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G.
H.
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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)
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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)
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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)
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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)
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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 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)
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(E)
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(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)
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(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)