1992-21
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fI?"': Ï-(ç'i- J
RESOLUTION NO. OL-92-21
A RESOLUTION OF THE OLIVENHAIN COMMUNITY ADVISORY
BOARD OF THE CITY OF ENCINITAS APPROVING
A TENTATIVE PARCEL MAP FOR A FOUR LOT SUBDIVISION
FOR PROPERTY LOCATED AT THE TERMINUS
OF CALLE 47 (A PRIVATE ROAD EASEMENT)
APPROXIMATELY 2,000 FEET EAST OF
LONE JACK ROAD AND AS LEGALLY DESCRIBED HEREIN
(CASE NO.: 92-035 TM/EIA)
WHEREAS, a request for consideration of a Tentative Parcel Map
for a four lot subdivision was filed by Christopher Lloyd as an
Owner in Interest and Conway & Associates Engineers to allow for
the subdivision of 8.23 acres of land having 8.11 net acres and
composed of two existing lots into 4 single family residential
parcels.
WHEREAS, the property is located at the terminus of Calle 47
(A Private Road)
which intersects Double LL Ranch Road which
connects to Lone Jack Road approximately 2,000 feet to the
east and, legally described as;
Lots 3 and 4 of Encinitas Tract 87-041 in the City
of Encinitas, County of San Diego, State of California,
according to Map thereof No. 12816, filed in the Office
of the County Recorder of San Diego County on May 20,
1991.
WHEREAS, a public hearing was conducted on the application on
June 16, 1992 before the Olivenhain Community Advisory Board; and
WHEREAS, the Community Advisory Board considered:
1.
The staff report dated June 10, 1992; and
2.
The application, Tentative Parcel Map and Slope Analysis
for a 4 Parcel Subdivision received by the City on May
19, 1992; and
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3.
The Environmental Initial Assessment prepared by Diana G.
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:
SEE ATTACHMENT "A"
NOW THEREFORE, BE IT RESOLVED that Tentative Parcel Map No.
92-035 TPM as shown on the Map dated received by the City on May
19, 1992 by the City of Encinitas is approved by the Olivenhain
Community Advisory Board subject to the following conditions:
1.
A.
C.
D.
E.
GENERAL CONDITIONS
The Tentative Parcel Map shall expire on June 16, 1994,
twenty four months after Community Advisory Board
approval unless an appeal is filed, a Final Parcel Map is
recorded, or an extension of time has been approved by
the Community Advisory Board.
B.
This approval may be appealed to the Planning commission
within 15 calendar days from the date of this approval.
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.
Permits or proof of exemption will be required from other
applicable authorized agencies prior to Final Map
recordation.
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.
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2.
E.
F.
G.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND
COMMUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING
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.
B.
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.
C.
Street names (if applicable) 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.
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
the property owner.
The Grading Plan for this project shall be reviewed and
approved by the Olivenhain Community Advisory Board (or
the Authorized Agency as provided by the Municipal Code)
prior to recordation of the Final Parcel Map or Grading
Permit issuance (whichever occurs first). The Board
shall review the plan to determine that grading of the
knoll area is reduced to the minimum extent feasible for
the approved subdivision.
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3.
G.
H.
I.
FIRE PREVENTION DISTRICT:
A.
Turnarounds: All dead-end access roadways in excess of
150 feet in length shall be provided with a cul-de-sac
with a radius not less than forty (40) feet.
B.
Address Numbers: 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.
C.
Posting of Roadways: Emergency access roadways, when
required, shall be posted per Fire Prevention District
standards.
D.
Response Maps: Any development which necessitates by
virtue of new streets, structures, fire hydrants or
similar features; shall be required to provide a map in
a format compatible with current department mapping
services, and shall be charged a fee for updating all
response maps.
E.
Combustible Materials: 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.
F.
Obstructions: All traffic lanes shall be a minimum of
twenty-four (24) feet wide during construction and shall
be maintained free and clear of obstructions.
Fire Hydrants and Flows: Submit a letter from the
Encinitas Fire Prevention District stating satisfaction
with the type, number and location of fire hydrants.
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.
Fuel Modification: Submit to the Community Development
Department a letter from the Fire District that required
fire/fuel breaks have been provided to the satisfaction
of the Fire District prior to final occupancy approval.
Automatic Fire Sprinkler System: All new structures
shall be protected by automatic fire sprinkler systems.
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4.
A.
B.
C.
D.
Sprinkler systems shall be installed to the satisfaction
of the Encinitas Fire Protection District.
J.
Recordation: 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:
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. The developer shall obtain
a grading permit prior to the commencement of any
clearing or grading of the site.
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 the 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 at first submittal of
a grading plan.
E.
DRAINAGE CONDITIONS:
The developer shall exercise special care during the
construction phase of this proj ect to prevent any offsi te
siltation. The developer shall provide erosion control
measures and shall construct temporary
desiltation/detention basins of type, size and location
as approved by the City Engineer. The basins and erosion
control measures shall be shown and specified on the
grading plan and shall be constructed to the satisfaction
of the City Engineer prior to the start of any other
grading operations. Prior to the removal of any basins
or facilities so constructed the area served shall be
protected by additional drainage facilities, slope
erosion control measures and other methods required or
approved by the ci ty Engineer. The developer shall
maintain the temporary basins and erosion control
measures for a period of time satisfactory to the City
Engineer and shall guarantee their maintenance and
satisfactory performance through cash deposit and bonding
in amounts and types suitable to the City Engineer.
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M.
MAP:
N.
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STREET CONDITIONS:
F.
A registered civil Engineer or a licensed land surveyor
shall provide a signed statement that: "The existing
private roads of access to the project are within the
easements for the benefit of the land division".
G.
Reciprocal access and maintenance and/or agreements shall
be provided ensuring access to all parcels over private
roads, drives, or parking areas and maintenance thereof,
to the satisfaction of City Engineer.
H.
The design of all private streets and drainage systems
shall be approved by the City Engineer prior to approval
of the Final Map for this project. The structural
section of all private streets shall conform to City of
Encini tas standards based on R-value tests. The standard
improvement plan check deposit is required.
UTILITIES:
I.
The developer shall comply with all the rules,
regulations and design requirements of the respective
utility agencies regarding services to the project.
J.
The developer shall be responsible for coordination with
SDG & E, Pacific Telephone, and all other utility
agencies.
K.
All proposed utilities within the project shall be
installed underground including existing utilities unless
exempt by the Municipal Code.
L.
The developer shall be responsible for the relocation and
undergrounding of existing public utilities, as required.
Sanitary sewer is required to be installed before any
building permits are issued.
This project shall be approved specifically as one (1)
single phase.
The Final Parcel Map shall use the California Coordinate
System for its "Basis of Bearings" and express all
measured and calculated bearing values in terms of said
system, and the Final Parcel Map shall show two measured
ties from the boundary of the subject property to
existing Horizontal Control stations having California
Coordinate values of third order accuracy or better. The
ties shall be shown in relation to the California
Coordinate System.
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5.
A.
ENVIRONMENTAL MITIGATION MONITORING AND REPORTING PROGRAM:
In accordance with the required Grading Plan for this
project, the City Engineer shall monitor the following
required Mitigations and shall sign off as the report
requirements to assure that the mitigations are
implemented prior to final approval of the grading
improvements:
(a) When grading occurs, if clay lenses are
encountered, they shall be removed and replaced
with granular deposits compacted to a minimum of 90
percent of the laboratory maximum dry density.
(b) The 6 foot high 2:1 fill slope, along the edge
of Lot 6, shall be keyed and benched into competent
materials, and will be implemented when required by
the City Engineering Department.
(d) Pad water shall be directed away from
foundations and around the structures into the
street. Roof water shall be collected and
conducted into the street via non-erodible devices.
The proposed concrete ditch along the eastern
portion of the property shall be periodically
cleaned and maintained as needed by the property
owners to prevent any collected water from flowing
onto the east facing slope.
(e) Other recommendations of the Geotechnical
Report (A. R. Barry: January 1990) regarding the
si te preparation and foundations for the subj ect
site and adjoining Map No. 12816, shall be
implemented to the satisfaction of the City
Engineer. All recommended measures shall be
reviewed for potential inclusion into the project
prior to the issuance of a Grading Permit.
(f) Soils must be watered during grading
operations. When development is completed,
landscaping shall be planted on exposed soils and
slopes. If development does not immediately follow
grading within 3 months (or immediately if grading
occurs during the rainy season), then non-irrigated
erosion-control vegetation must be planted on all
graded surfaces. Standards of the City shall guide
erosion control measures.
(g) Future development is subject to all required
water conservation measures of the ci ty , Water
District and the Uniform Building Code. Low water
consuming devices such as low flow showerheads and
low flush toilets shall be used. Additionally,
drought tolerant vegetation shall be utilized for
project area landscaping of slopes and other common
areas.
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(h) When grading occurs on the site, an
archaeologist shall be retained to inspect the site
to determine the potential location of any cultural
resources.
BE IT FURTHER RESOLVED that the Olivenhain Community Advisory
Board certifies a Negative Declaration for the project pursuant
with CEQA and the City's Environmental Review Guidelines in
accordance with the Environmental Initial Assessment. The
Mitigations recommended by the Initial Assessment have been made
conditions of project approval.
PASSED AND ADOPTED this
following vote, to wit:
16th day
of June,
1992
by the
AYES:
Van Slyke, Bode, Van Slyke, Mazanec, Schafer
NAYS:
None
ABSENT:
None
ABSTAIN:
None
q!2 j
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Bryan R. Schafer, Chairman of
the Olivenhain Community
Advisory Board, City of
Encinitas
AT~{. e . v9~
Craig R. Olson
Assistant Planner
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(A)
(B)
ATTACHMENT "A"
Findings for Approval of a Tentative Parcel
Map for Subdivision of Property
Pursuant to section 66474
of the State Map Act
That the proposed map is consistent with the General Plan.
Facts: The application proposes 4 single family residential
lots having net acreages in excess of 2.0 acres. The property
is located within the Rural Residential Zoning District which
requires a minimum net lot area of 2 acres. 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 4 parcels and the density study indicates that a
density of 4.007 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 and a Mitigated Negative
Declaration is recommended for adoption.
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 consistent
wi th the minimum 2 acre net lot area required for the RR
Zoning District. Future building pads can be 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 as
mitigated.
Conclusion: Therefore, the Olivenhain Board finds that the
Tentative Parcel Map's design is consistent with the General
Plan.
(C)
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(D)
(E)
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That the site
development.
physically
type
of
suitable
is
for
the
Facts: The Tentative Parcel Map proposes to provide lot sizes
that conform to the requirements of the Rural Residential
zoning District. The Environmental Initial Assessment did not
identify any sensitive plant or animal species on the property
that would impact the proposed use of the property for future
single family residences. The parcels are provided adequate
access and the site is physically suited to provide for four
residential parcels in accordance with the development
standards for the Rural Residential Zoning District.
Discussion: The applicant has submitted "will service"
letters from the Water, Fire and School Districts. A
requirement of the Tentative Parcel Map approval is that
sanitary sewer service be provided prior to issuance of any
grading permits. The Environmental Initial Assessment
indicates that the project is designed to satisfy development
requirements of the Rural Residential Zoning District and
comply with General Plan Policies as mitigated. The
Environmental Initial Study has identified Mitigations related
to the grading, soils compaction, recovery of cultural
artifacts, etc. that assure the development will not pose
significant environmental impacts.
Conclusion: Therefore, the Olivenhain Board finds that the
site is physically suitable to accommodate the future
development of four single family residences.
That the site is physically suitable for the proposed density.
Facts: The Tentative Parcel Map proposes four parcels for the
future construction of four single family residences.
Discussion: The density analysis for the project calculates
the net acreage deducting half the acreage within the 25 to
40% slope range and not applying any acreage over 40% slope in
conformance with General Plan and Zoning Code requirements for
determining project density. The density calculation allows
for 4 parcels in accordance with the General Plan and
Municipal (Zoning) Code standards.
Conclusion: Therefore, the Olivenhain Board finds that the
Tentative Parcel Map conforms to the density requirements for
the Rural Residential 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.
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(F)
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(G)
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Discussion: The Environmental Initial Assessment study
recommended that a Negative Declaration can be adopted for the
Tentative Parcel 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 Community Advisory Board finds
that the Environmental Initial Assessment reflects their
independent judgment as Lead Agency and that the project as
mitigated and conditioned will permit future improvements on
the proj ect si te and will not substantially damage
environmental resources nor substantially injure fish or
wildlife or their habitat and the Board adopts a Negative
Declaration for the proj ect in accordance wi th the
recommendation of the Environmental Initial Assessment.
That the design of the subdivision or type of improvements is
not likely to cause serious public health problems.
Facts: The applicant has submitted "will service" letters to
indicate that the Water, Fire and School Districts can provide
adequate service and utilities to the project site. Sanitary
sewer service is required prior to building permit issuance.
Discussion: The Tentative Parcel Map proposes to create four
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 four residential parcels along a private road
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
access easements and utilities to be shown on the Final Parcel
Map in accordance with City standards and the servicing
utility's requirements. The extension of Double LL Ranch Road
westerly to connect with Carlsbad is not needed at this time.
However, the extension will be required when the area
identified as "Contiguous Ownership - Not A Part" on the
subject map is developed and when a roadway extension is made
to Rancho Santa Fe Road in the City of Carlsbad.
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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.
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