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1993-03 . . . RESOLUTION NO. OL-93-03 A RESOLUTION OF THE OLIVENHAIN COMMUNITY ADVISORY BOARD OF THE CITY OF ENCINITAS APPROVING A TENTATIVE PARCEL MAP FOR A TWO LOT SUBDIVISION FOR PROPERTY LOCATED AT 3657 COPPER CREST ROAD AND AS LEGALLY DESCRIBED HEREIN (CASE NO.: 91-172 TPM/EIA) WHEREAS, a request for consideration of a Tentative Parcel Map to create Two Residential Parcels was filed by Mark Zimdars and Terri Peterson to allow for the subdivision of a 4.30 acre parcel of land for property located at 3657 Copper Crest Road, legally described as: PARCEL 1 OF PARCEL MAP NO. 12795, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 7, 1983 AS FILE/PAGE NO. 83-231538 OF OFFICIAL RECORDS. WHEREAS, a public hearing was conducted on the application on April 6, 1993 before the Olivenhain Community Advisory Board; and WHEREAS, the Olivenhain Community Advisory Board considered, without limitation, the following: 1. The staff report dated March 31, 1993; and The application submitted on October 2, 1991, the Tentative Parcel Map (dated recei ved by the City on January 26, 1993) which indicates the lot configuration for Parcels 1 & 2, the Density Analysis and additional information contained within the application and in the staff report; and 2. 3. Oral evidence received from the public, the applicant and City staff submitted at the hearing; and 4. written evidence submitted at the hearing; and 5. The adopted General Plan, Municipal and Zoning Codes, Subdivision Ordinance and associated Land Use Maps; and WHEREAS, the Oli venhain 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. 91-172 TPM as shown on the Map dated received by the City of Encini tas on January 26, 1993 is approved' by the Olivenhain Community Advisory Board subject to the following conditions: 1. . D. 2. GENERAL CONDITIONS: A. The Tentative Parcel Map shall expire on April 6, 1995, twenty-four months after the Community Advisory Board's approval unless an appeal is filed, a Final Parcel Map is recorded, or an extension of time or an amendment of the valid period of time for Tentative Maps has been approved pursuant to the Municipal Code. B. This approval may be appealed to the Planning Commission, pursuant to Chapter 1.12 of the Municipal Code and State Map Act Section 66452.5, within 10 calendar days from the date of this approval. C. Approval of this application shall not waive compliance with 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. The Tentative Parcel Map is approved as submitted or as conditioned herein and shall not be altered without the Authorized Agency's review and approval as provided by the Municipal Code. SITE DEVELOPMENT: Developer shall contact the Community Development Department regarding compliance with the Following conditions: A. B. . 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 developer 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 and Park Fees. Arrangements shall be made to the satisfaction of the appropriate department or agency to pay the impact fees . . . 3. A. B. C. D. prior to Final Parcel Map recordation Building Permit issuance. or prior to C. street names (if applicable) shall be approved by the City prior to the recordation of the Final Parcel 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. E. A plan shall be submitted for approval by the Community Development Director and the Encinitas Fire Prevention 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. F. Property owner{s) shall agree to preserve and save harmless the City of Encini tas 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{s). FIRE PREVENTION DISTRICT: Developer shall contact the Encinitas Fire Prevention District regarding compliance with the following conditions: 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. Combustible Materials: Prior to the delivery of combustible materials on site, water and sewer systems shall satisfactorily pass all required tests and shall be connected to the public water system. 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. Fuel Modification: Prior to the issuance of a Grading Permit, submit to the Community Development Department a letter from the Fire District stating that required fire/fuel breaks have been provided to the satisfaction of the Fire District. 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 fronting the structure. The height of numbers shall conform to Fire District standards. Where . . . 4. B. C. 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. E. Automatic Fire Sprinkler System: Structures shall be protected by automatic fire sprinkler systems. Sprinkler systems shall be installed to the satisfaction of the Encinitas Fire Prevention District. F. Subdivisions: Changes in Fire District conditions of existing or pending tentative maps may require annexation into the Benefit Assessment Area. 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 Parcel Map submittal shall apply. No grading permits shall be issued for this subdivision prior to recordation of the Final Parcel 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. DRAINAGE CONDITIONS: 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 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 City 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. The developer shall pay the current local drainage area fee prior to approval of the Final Parcel Map for this project or shall construct drainage systems in E. . . . conformance with the Master Drainage Plan and City of Encinitas Standards as required by the City Engineer. F. Concentrated flows across driveways and/or sidewalks shall not be permitted. STREET CONDITIONS: G. 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". H. An Irrevocable Offer of Dedication (IOD) shall be made for 25 feet from the centerline along Copper Crest Road adjacent to the property for public right-of-way purposes. I. Developer shall execute and record a Covenant with the County Recorder agreeing not to oppose the formation of an Assessment District to fund the installation of right- of-way improvements. UTILITIES: J. The developer shall comply with all the rules, regulations and design requirements of the respective utility agencies regarding services to the project. K. The developer shall be responsible for coordination with SDG&E, Pacific Telephone, and all other utility agencies. L. All proposed utilities within the project shall be installed underground including existing utilities unless exempt by the Municipal Code. M. The developer shall be responsible for the relocation and undergrounding of existing public utilities, as required. N. If private sewer will serve this development, then a maintenance agreement must be executed before recordation of the Final Parcel Map. MAP: o. This project shall be approved specifically as one (1) single phase. 5. MITIGATION MEASURES: The developer shall contact the Communi ty Development Department regarding compliance with the following Mitigations established by the Environmental Initial Assessment for the project: A. Geoloqy/Soils: All recommendations presented in the geotechnical report dated January 20, 1987, and in the report update dated November 11, 1991 shall be incorporated into the design and construction of the project. Grading plans for individual lot development shall adhere to the recommendations of this report, as augmented where necessary by additional site specific . . . B. geotechnical investigations, at the time of application for Building Permits. A qualified Biologist shall establish the area for an open space easement over the eastern portion of the site to preserve any significant habitat, including California Adolphia, Diegan Coastal Sage Scrub and native grassland that may still be present on the site prior to the recordation of the Final Parcel Map. PASSED AND ADOPTED on the 6th day of April, following vote, to wit: 1993 by the AYES: Jordan, Kitnick, Bode, Van Slyke, Greer NAYS: None ABSENT: None ABSTAIN: None P 1 Van Slyke, vi e-Chairman of the Olivenhain Community Advisory Board, City of Encinitas ATT~T : () ~ lM\Jo ~ . ~ Craig R. Olson, Assistant Planner . . (C) . ATTACHMENT "A" Resolution No. OL-93-03 (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 2 single family residential lots that comply with the density requirements of the Rural Residential 0.25-0.5 DU/AC designation. The project conforms with General Plan Policy related to grading limitations, erosion/drainage control, and extension of utility services. Discussion: The project conforms to the General Plan density requirements for the Rural Residential Zoning District since the project proposes 2 Residential Parcels and the Net Acreage Calculation study indicates a maximum density for the property to be 2.01 parcels. The Tentative Parcel Map proposes lots which can be developed for future single family residences in conformance with the Zoning standards for the Rural Residential district. Conclusion: Therefore, the Olivenhain Community Advisory Board finds the Tentative Parcel Map is consistent with the General Plan. (B) That the design or improvement of the proposed subdivision is consistent with the General Plan. Facts: The Tentative Parcel Map proposes lot sizes in compliance with the minimum net lot sizes required for the Rural Residential Zoning District. Future building sites 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 single family residences on the proposed lots can be accommodated by the design of the Tentative Parcel Map. Discussion: The evidence reviewed for the proposed subdivision 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 as mitigated. Access and lot configurations for the proposed parcels are consistent with General Plan policies. Conclusion: Therefore, the Board finds that the Tentative Parcel Map's design is consistent with the General Plan. That the site development. is physically suitable for the type of Facts: The Tentative Parcel Map design proposes parcels which are physically suited to provide for two future single family residential units in accordance with the development standards for the Rural R~sidential Zoning District. The applicant has . . (E) . submitted "will service" letters from the Sewer, Water, Fire and School Districts to indicate that all services are available or can be extended to the site to adequately accommodate the future residential uses on the property. Discussion: The parcels can accommodate future residences in conformance wi th the Mi tigations recommended by the Environmental Initial Assessment which have been made a part of the conditions for project approval. No evidence has been submitted to indicate that the physical aspects of the site would prevent its use for future development in conformance with the City's development standards for the Rural Residential Zone. (D) Conclusion: Therefore, the Board finds that the site is physically suitable to accommodate the future development of two single family residences on the parcels being created by the Tentative Parcel Map. That the site is physically suitable for the proposed density. Facts: The Tentative Parcel Map proposes two parcels for the future construction of two single family residences. Discussion: The density analysis for the project calculates the net acreage deducting the area of the property within the private access easement and adjusts the density for slope constraints. The density calculation allows for 2.01 parcels in accordance with the General Plan and Municipal (Zoning) Code standards. Evidence submitted indicates that minimal grading would be necessary to accommodate future building sites and that all utilities are available or can be extended to the proposed parcels. Conclusion: Therefore, the 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: The Environmental Initial Assessment (EIA) indicates that the project can be mitigated to reduce environmental impacts below a level of significance. Discussion: The southerly parcel is currently being developed with a single family residence. The EIA recommends mitigations related to the treatment of soils during grading and the creation of an open space easement over the eastern portion of the property which have been made conditions of the project's approval. Conclusion: Therefore, the Olivenhain Community Advisory Board finds, in their independent judgement as Lead Agency, . . (G) . (F) that a Negative Declaration can be adopted for the project as mitigated and that the project will not cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat. Therefore, a Certificate of Fee Exemption shall be filed and De Minimis Impact Findings shall be made concerning California Department of Fish and Game Impact Fees. 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 serve" letters to indicate that the Sewer, Water, Fire and School District can provide adequate service and that utilities are available or can be extended to the project site. A private septic system has been approved for the residence under construction on the southerly parcel. Discussion: The Tentative Parcel Map proposes to create two residential lots for future home sites. No evidence has been submitted to indicate that a serious public health problem would occur should future residences be constructed. Prior to building permit issuance for future structures, the Tentative Parcel Map is conditioned to require annexation into the Cardiff Sanitation District for the provision of public sewer system facilities; should a private sewer system not be utilized. Conclusion: Therefore, the 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 access to each of the two parcels to be from Copper Crest Road. 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 required access easements and utilities to be shown on the Final Parcel Map in accordance with City standards and the servicing utility's requirements. Conclusion: Therefore, the 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.