1992-25
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RESOLUTION NO. OL-92-25
A RESOLUTION OF THE
OLIVENHAIN COMMUNITY ADVISORY BOARD
APPROVING A DESIGN REVIEW PERMIT TO ALLOW
THE CONSTRUCTION OF FACILITIES IN A LOT SALES PROGRAM
INCLUDING A TEMPORARY SALES TRAILER, ENTRY BRIDGE,
TEMPORARY PARKING AREA, GRADING,
LANDSCAPING, LIGHTING AND ENTRY SIGNAGE
FOR PROPERTY LOCATED IN THE
RURAL RESIDENTIAL ZONING DISTRICT
AT THE INTERSECTION OF LONE JACK ROAD
AND LONE BILL LANE.
(Case No.: 91-128 DR)
WHEREAS, a request for consideration of a Design Review Permit
was filed by David Jacinto and Barratt American to allow for the
construction of facilities for a Lot Sales Program including a
Temporary Sales Trailer and Parking Area, Associated Grading, an
Entry Bridge and Entry Gates, Landscaping, Lighting and Entry
Signage for property located at the intersection of Lone Jack Road
and Lone Hill Lane, and legally described as;
Parcell of Parcel Map No. 6585, in the City of Encinitas,
County of San Diego, State of California, filed in the office
of the County Recorder of San Diego County, November 2l, 1977
as File No. 77-485875 of Official Records, more particularly
described in Grant Deed Document # 90-692584 recorded on
December 31, 1990.
WHEREAS, a public hearing for the application was held on
September l7, 1991 and was renoticed for the hearing on July 7,
1992 and continued to the hearing on October 6, 1992; and
WHEREAS, the Olivenhain Community Advisory Board considered,
without limitation:
1.
The agenda reports dated August 27, 1991 and September
30, 1992;
The General Plan, Zoning Code and associated Land Use
Maps;
Oral evidence submitted at the hearing by staff, by the
applicant and by the public;
2.
3.
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4.
written evidence submitted with the application and at
the public hearing; and
The application (dated received July 15, 1991), plans and
supporting material dated received by the City on
September 24, 1992. Said plans consisting of 5 sheets of
(l) the site Plan, (2) Preliminary Landscape Plan, (3)
Sales Office Trailer Elevation and Floor Plans, (4)
Bridge and Sign Elevations and, (5) Preliminary Lighting
Plan; and
The Mitigation and Monitoring Plan for the Lone Jack Road
and Lone Hill Lane Road Widening and Drainage
Improvements prepared by Pacific Southwest Biological
Services and dated 19 October 1990. Said plan being
included as a part of this Resolution as Attachment "A".
5.
6.
WHEREAS, the Olivenhain Community Advisory Board made the
following findings pursuant to Section 23.08.072 (et. seq.) of the
Encinitas Municipal Code:
(SEE ATTACHMENT liB")
NOW, THEREFORE, BE IT RESOLVED by the Olivenhain Community
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Advisory Board of the city of Encinitas that application 9l-128 DR
is hereby approved subject to the following conditions:
2.
3.
4.
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l.
The project is approved as submitted and evidenced by
plans dated received by the City on September 24, 1992
and shall not be altered without City approval or as
conditioned herein.
This approval may be appealed to the Planning commission
within 15 calendar days from the date of this approval in
accordance with Chapter l.12 of the Municipal Code.
This Design Review approval shall be valid for two years
from the effective date of the permit (to October 6,
1994), during which time construction of the approved
structure(s) shall be pursued in conformance with the
Uniform Building Code to the satisfaction of the Director
of Planning and community Development; or an extension of
time is granted pursuant to the Municipal Code for the
permit.
Prior to Building Permit issuance, a plan shall be
submi tted for approval by the Director of Communi ty
Development and the Encinitas Fire Protection District
regarding the treatment of the site during the
construction phase, the circulation and parking of
construction workers' vehicles and any heavy equipment
needed for the construction of the proj ect, and the
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5.
6.
D.
E.
mi tigation of potential impacts the construction may pose
to surrounding residents.
All required landscape plantings shall be in place prior
to use or occupancy of new buildings or structures. All
required plantings and automated irrigation systems shall
be maintained in good growing and working condition and,
whenever necessary, shall be replaced with new plant
materials or irrigation parts to ensure continued
compliance with applicable landscaping, buffering, and
screening requirements. All landscaping and irrigation
systems shall be maintained in a manner that will not
depreciate adjacent property values and otherwise
adversely affect adjacent properties.
FIRE PROTECTION DISTRICT: The developer shall contact
the Fire Protection District regarding compliance with
the following conditions:
A. 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.
B.
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 shall
be placed at the entrance where the driveway
intersects the main roadway. Permanent address
numbers shall be displayed on this monument.
C.
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.
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
Protection District Policy. Emergency access
roadways, when required, shall be posted per
District standards.
Prior to Building Permit issuance, the applicant
shall submit to the Community Development
Department a letter from the Fire Protection
District stating that all development impact, plan
CO/9l-128dr/CDRIVE(9-30-92)
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check and/or cost recovery fees have been paid or
secured to the satisfaction of the District.
F.
Response Maps: Any development which necessitates
by virtue of new structures, fire hydrants,
roadways or similar features, shall be required to
provide a map in a format compatible with current
department mapping services, and shall be charged a
reasonable fee for updating all response maps.
G.
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.
H.
Gates: All automatic gates across fire access
roadways shall be equipped with an approved
emergency key operated switch that will override
all command functions and open the gate. Gates
accessing four or more residences or residential
lots shall also be equipped with an emergency
traffic control activating strobe sensor(s) which
will activate and open the gate on the approach of
an emergency apparatus. All automatic gates must
meet Fire District policies deemed necessary by the
Chief for rapid, reliable access.
I.
Fuel Modification: Submit to the Community
Development Department a letter from the Fire
District stating that the required fire/fuel breaks
have been provided to the satisfaction of the Fire
District.
PUBLIC WORKS' CITY ENGINEER: The developer shall
contact the City Engineering Department regarding
compliance with the following conditions:
GRADING CONDITIONS:
A. 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.
B.
.
The grading for this project is defined in Chapter
23.24 of the Encinitas 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, submit required reports to the City Engineer
and verify compliance with Chapter 23.24 of the
Encinitas Municipal Code. No grading shall occur
CO/91-128dr/CDRIVE(9-30-92)
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8.
A.
9.
C.
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.
DRAINAGE CONDITION:
D. The developer shall exercise special care during
the construction phase of this project to prevent
any offsite 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 ci ty
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 City Engineer. The developer
shall maintain the temporary basins and erosion
control measures for a period of time satisfactory
to the ci ty Engineer and shall guarantee their
maintenance and satisfactory performance through
cash deposit and bonding in amounts and types
suitable to the City Engineer.
COMMUNITY SERVICES DEPARTMENT: The developer shall
contact the Community Services Department regarding
compliance to the following conditions:
B.
No modification of the Recreation Trail as approved
on TM 89-017 (off-site condition).
Relocate monument signage to the south side of Lone
Hill Lane.
BUILDING DEPARTMENT: The developer shall contact the
Building Department regarding compliance to the following
conditions:
A.
B.
.
Sales facilities must be accessible and functional
for the physically disabled. Restroom facilities
must be provided.
Code compliance will be verified when complete
plans are submitted to Building Department for
plancheck review.
CO/91-128dr/CDRIVE(9-30-92)
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PASSED AND ADOPTED this 6th day of October, 1992, by the
following vote, to wit:
AYES: Van Slyke, Greer, Bode, Schafer
NAYS: None
ABSENT: Kitnick
ABSTAIN: None
Bryan R. Schafer, Chairman of
the Olivenhain Community
Advisory Board, City of
Encinitas
ATTEST:
~Q.J!~
craig R. Olson
Assistant Planner
CO/91-128dr/CDRIVE(9-30-92)
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ATTACHMENT
"A"
Resolution
OL-92- 25
PSBS #595
MITIGATION AND MONITORING PLAN
LONE JACK ROAD WIDENING AND DRAINAGE IMPROVEMENTS
Tract Number 4400
ENCINITAS, CALIFORNIA
Prepared for
Barratt American, Inc.
15373 Innovation Drive, Suite 300
San Diego CA 92128
Prepared by
Pacific Southwest Biological Services, Inc.
P.O. Box 985
National City, CA 92050
Phone: 619/477-5333
FAX: 619/477-1245
19 October 1990
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R. Mitchel Beauchamp, Principal Consultant
10/19/90
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PSBS #595
INTRODUCTION
This Mitigation and Monitoring Plan has been prepared to respond to the concerns of the Planning and
Engineering staffs and City Council of the City of Encinitas for potential effects of road widening on Lone Jack
Road and Lone Hill Lane and placement of associated utilities, as well as a temporary, associated bypass route.
The principal potential effects of concern are cutting of tree roots during construction and pruning of tree limbs
to prevent damage by passing vehicles on the widened travelway. Effects to wetlands, principally by the
temporary bypass, have been asšessed and determined to be significant since the State of California routinely
determines any impacts to wetlands, no matter how slight the level of impact, to be significant. The mitigation
of this impact by restoration of the wetland habitat has been incorporated into an existing California Department
of Fish and Game 1603 stream bed alteration agreement and is detailed in this Mitig¿ttion and Monitoring
document.
Several measures are incorporated into the design of the project, the project implementation, and
maintenance and monitoring obligations. These measures involve: (1) redesign of the lower culvert inlet
structures, using less impacting rock gabbion structures rather than just concrete structures; (2) reduction of the
fill slopes in the vicinity of heritage trees, i.e., large specimen trees; (3) incorporation of rock airways in
association with impacting road widening fill slopes; (4) salvaging of wetland plant materials for reuse in the
revegetation of the wetland sites; and (5) on-site presence of a qualified revegetation biologist, retained by the
City, who will have the ability and authority to modify grading and trenching when major tree roots will be
impacted by such work, and will be prepared to take immediate steps to ameliorate cuts to roots so that infection
is avoided.
IMPLEMENTATION MEASURES
The implementation of the Mitigation and Monitoring Plan will require coordination with construction
of the various aspects of the project. This plan assumes that the fencing will be placed fll'st, followed by the
bypass, then construction of the culvert of the lower crossing, then or concurrent improvement of the Lone Hill
Lane culvert and widening of the roadway.
10/19/90
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PSBS #595
In association with this assumed phasing the following steps are required:
PLANT SALVAGE
1. Salvage of plant materials will be done in those areas to be impacted hy construction of the
fence, bypass and culverts. This will involve largely willows and herbaceous plant materials.
The willow trees will be attempted as whole plant salvages and placed into planting boxes
for growth stabilization during the presumed 90 days of construction. Some additional time
may be necessary to stabilize these salvaged trees prior to replanting, but this will depend
on details of timing of construction and the dormant/growth season. The salvaging of plant
materials will require three days and the use of a back hoe, along with field workers and
the revegetation biologist.
BRANCH PRUNING
2.
Branches identified is a special pruning study will be removed prior to fence placement and
construction. The cut ends of branches will be scaled with a tree wound sealant. Tree
pruning will be done by an arborist or the revegetation biologist.
SOIL SALVAGE
3.
Prior to construction within wetlands, earthmoving equipment will be required to remove
the top 6 inches of soil and muck from the wetlands for later re-use in restoring the
planting area. This material shall be stockpiled in small piles about the wetland areas
without damage to existing vegetation.
Soil along the bypass will also be salvaged to a depth of 3 inches and stored along the
eastern side of the bypass as an elevated berm.
ON-SITE REVEGETATION MONITOR
4. During construction a qualified revegetation biologist will be present to insure that any
roots encountered are evaluated as to the extent of damage which would result to the
associated tree if the root were severed. Significant roots encountered may have to be
excavated out to a point where smaller sized root branches can be safely cut and work,
particularly pipe laying, will have to accommodate the root. Where roadbed is involved,
it may be necessary to excavate under the root to place it more deeply under the roadbed
and surround it with more open, sandy material which will not be adversely compacted
during preparation of the road bed. Any root cuts will be made with a clear, sharp pruning
saw and sealed quickly with a sealant. '
ROCK AIRWAYS
5.
Prior to grading and widening of the roadway, areas where fill slopes will spill onto root
and tree trunk areas will be covered with 4 to 8" diameter crystalline rock to a maximum
thickness of 12 inches to provide for air passage to the covered root and trunk areas. Some
hand placement may be required to develop minor rock slopes in an effort to prevent fill
from touching directly the trunks of the trees. The use of these rock airways will be only
in association with sycamores and oaks. Prior to filling over the rock airways, a geo-textile
fabric will be placed to allow for water inflltration but not filling of the interstices of the
rocks by soil.
10/19/90
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PSBS #595
REPLANTING
6.
Following the end of construction, the salvaged plant materials, as well as additional
materials listed below, will be planted in the wetland areas above and below the two culvert
areas. The bypass route will be restored by removal of the petroleum asphalt base,
recontouring and spreading of the salvaged top soil layer. This upland habitat will be re-
seeded with an erosion control mixture with irrigation by ambient rainfall.
CONTAINER PLANT STOCK
The location of the wetlands plantings is shown in Figures 1a and lb. All plantings will be in moist
areas adjacent to the creek and -no irrigation will be done. The plant materials to be used will be: .
Salix gooddillgii - Black Willow - Salvaged plants will be replanted along the edge of the
channel
Salix lasiolepis - Arroyo Willow - Salvaged plants will be planted along the edge of the channel
Salix hilldsialla - Sandbar Willow - 10 - 1 gallon sized plants will be planted about the outlet
of the lower structure
Platanus racemosa. - Western Sycamore - 5 - 15 gallon sized plants will be planted about the
two culverts. .
Populus fremontii - Western Cottonwood - 3 - 15 gallon sized plants will be planted along the
channel at the mouth of the lower outlet structure
Juncus acutus - Spiny Rush - 10 - 1 gallon sized plants will be planted within the channel below
the lower outlet structure '
Heliallthus califomicus - California Sunflower - 5 - 1 gallon sized plants will be planted in sunny
areas of the channel at the culverts
Rosa califomica - California Rose - 20 - 1 gallon sized plants will be planted adjacent to rock
~abbions to create a growth over the rocky structures
Rubus ursillus - Western Blackberry - 10 - 1 gallon sized plants will be planted adjacent to rock
gabbions to create a growth over the rocky structures
SEED Mn..lURE
The seed mixture recommended for erosion control of the bypass disturbance is:
Eriogollum fascìculatum - FIat-top Buckwheat
Lotus scoparius - Deerweed
Isocoma veneto - Goldenbush
Vulpia megalura - Zorro Fescue
Eschscholzia califomica - California Poppy
5 Ibs/acre
5 lbs/acre
5 lbs/acre
10 lbs/acre
2 Ibs/acre
10/19/90
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PSBS #595
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FIGURE 1 A.
REVEGETATION AREAS - UPPER CULVERT
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PSBS #595
This seed mixture can be hand broadcast on an open soil surface, Ì.e" not sealed by rainfall. If the soil
is closed, it should be raked or otherwise scarified. Hydroseeding of the site is not necessary due to the relatively
level nature of most of the area involved.
MAINTENANCE AND MONITORING
Maintenance of the plantings will involve manipulation of creek flows but the use of small, 3 to 6" berms
to divert water to planting areas. Weed growth will be removed manually. This maintenance will be done during
the first 6 months following the .planting.
Monitoring will be done during the maintenance and quarterly thereafter for three years. An annual
report on the status of the plantings will be made to the City of Encinitas and California Department of Fish
and Game in October of 1991, 1992 and 1993. During 1991, any plant losses will be replaced in-kind or with
riparian plant materials better suited to the stabilized hydrological conditions of the channel at the time of
replanting.
COST ESTIMATE
Pruning
($3000)
Fencing
Subdivider cost
Soil SaJvage (to be incorporated as part of the construction costs, since this activity will use the
same equipment as the construction activities.) Subdividder cost
Wetland Plant SaJvage ($3500 - labor; $1800 - tractor; plant maintenance and transportation - $4500)
Construction Monitoring
($18,000)
Rock Airways
SubdiVider cost
Replanting ($350 - plant materials, $150 - seed, labor - $6500; $1800 - tractor)
Maintenance - First 6 months
($6150)
Monitoring
($21,000)
Estimated TotaJ Cost of Mitigation Measures - $66,750, excluding work items to be at subdividers cost.
10/19/90
6
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ATTACHMENT liB"
RESOLUTION NO. OL-92-25
Findings for Design Review Approval
per Section 23.08.072 of the Municipal Code
(1)
The project design is consistent with the General Plan,
and the provisions of the Municipal Code.
Facts: The subject property was approved for subdivision by
the City on May 10,1988 and is recorded as Tract 4400 and the
Design Review request is consistent with those approvals.
Discussion: Staff can not identify any aspect of the
submi tted proj ect which does not comply with Zoning Code
standards, General Plan Policies or the requirements of the
recorded subdivision.
Conclusion: The Olivenhain Community Advisory Board finds,
therefore, that the design of the proj ect conforms to the
policies and standards of the General Plan, Zoning Ordinance,
Municipal Code, and the provisions of the recorded
subdivision.
(2)
The project design is substantially consistent with the
Design Review Guidelines.
Facts: The proj ect design provides entry structures and
gates, identification signage, lighting and a temporary sales
facility with a temporary parking area which conform to the
site design layout of the approved subdivision map.
Discussion: The project design is consistent with the intent
of the Design Guidelines in that entry signage, entry gates,
the bridge structure, the temporary sales structure and
parking area, and landscaping are well planned to take
advantage of the site without intruding on the privacy of
neighboring property.
Conclusion: The Board finds that the project design is
consistent with the intent of the Design Review Guidelines.
(3)
The project design will not adversely affect the health,
safety, or general welfare of the community.
Facts: The project design is consistent with new homes being
built within the community.
Discussion: Staff can find no evidence to indicate that the
project design would adversely affect the health, safety, or
general welfare of the community.
CO/91-128dr/CDRIVE(9-30-92)
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Conclusion: The Olivenhain Board finds that the project
design will not adversely affect the health, safety or general
welfare of the Olivenhain Community.
(4)
The project will not tend to cause the surrounding
neighborhood to depreciate materially in appearance or
value.
Facts: The project design tends to be compatible with the
style of single family residences constructed within the
neighborhood. Conditions have been placed on the project in
accordance with the Mitigation Monitoring and Reporting
Program conducted by Pacific Southwest Biological Services
(dated 19 October 1990) for the road widening and drainage
improvements associated with the project.
Discussion: staff can find no evidence to indicate that the
project would materially depreciate the appearance or value of
the neighborhood or cause significant adverse impacts to
environmental resources.
Conclusion: The Olivenhain Board finds that the project will
not adversely depreciate the appearance or value of the
immediate neighborhood nor cause significant adverse impacts
to the environmental resources of the Olivenhain Community.
CO/91-128dr/CDRIVE(9-30-92)