1993-03
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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
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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
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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
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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.
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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
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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
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(C)
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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
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(E)
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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,
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(G)
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(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.