1993-04
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.
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RESOLUTION NO. OL-93-04
A RESOLUTION OF THE OLIVENHAIN COMMUNITY ADVISORY
BOARD OF THE CITY OF ENCINITAS APPROVING
A MODIFICATION TO THE CONCEPTUAL LANDSCAPE PLAN
FOR A FOUR LOT SUBDIVISION
FOR PROPERTY LOCATED AT THE TERMINUS OF
OLIVENHAIN FARMS ROAD AND AS LEGALLY DESCRIBED HEREIN
. (CASE NO.: 93-038 AM)
WHEREAS, a request for consideration of a Modification to the
Conceptual Landscape Plan for Tentative Parcel Map 90-053 Recorded
as Parcel Map 16593 was filed by Olivenhain Farms (Rick Day) to
allow
Modification
on
for
the
material
of
the
landscape
manufactured slopes and the elimination of a pond feature of a
15.18 acre Parcel Map of four single family residential lots for
property located at the terminus of Olivenhain Ranch Road, legally
described as:
PARCELS 1 THROUGH 4 OF PARCEL MAP NO. 16593, IN THE CITY OF
ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, IN THE
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
2.
The application submitted on March 11,1993, the approved
Conceptual Landscape Plan for the Tentative Parcel Map
and the Modified Plan {dated received by the City on
March 11, 1993) which indicates the change to the
planting material for the project's manufactured slope
areas and the elimination of a previously proposed pond
feature; and
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 Code, Subdivision
ordinance, State Map Act and associated Land Use Maps;
and
WHEREAS, the Olivenhain Community Advisory Board made the
following findings pursuant to Sections 66472.1 and 66474 of the
State Subdivision Map Act:
(SEE ATTACHMENT" À" )
NOW THEREFORE, BE IT RESOLVED that the Modification to the
Conceptual Landscape Plan for Tentative Parcel Map No.
90-053
(Recorded as Parcel Map 16593) which alters the landscape material
for
the
manufactured
within
slope
subdivision
the
and
area
eliminates the previously proposed pond feature is approved by the
Olivenhain Community Advisory Board
subject to the
following
conditions:
1.
GENERAL CONDITIONS:
A.
This approval may be appealed to the Planning Commission,
pursuant to Chapter 1.12 of the Municipal Code, within 15
calendar days from the date of this approval.
B.
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.
C.
The Modification to the Conceptual Landscape Plan for the
Tentative Parcel Map (Recorded as Parcel Map 16593) is
approved as submitted or as conditioned herein and shall
not be altered without the review and approval of the
Authorized Agency as provided by the Municipal Code.
2.
SITE DEVELOPMENT: Developer shall contact the Community
Development Department regarding compliance with the Following
conditions:
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.
The owner (s) shall implement the hydroseeding of the
manufactured slope areas with the plant material mix as
submitted on the approved plan to stabilize the slopes
.
.
.
C.
and prevent erosion to the satisfaction of the City
Engineer.
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.
D.
Property owner{s) shall agree to preserve and save
harmless the City of Encini tas and each off icer 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).
3.
FIRE PREVENTION DISTRICT: Developer shall contact the
Encinitas Fire Prevention District regarding compliance with
the following condition:
A.
FUEL MODIFICATION: Prior to Building Permit issuance, the
developer shall submi t to the Communi ty Development
Department a letter from the Fire District stating that
required fire/fuel breaks have been provided to the
satisfaction of the District.
B.
FEE PAYMENT: Prior to Building Permit issuance, the
developer shall submit to the Community Development
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.
PASSED AND ADOPTED on the 6th day of April,
following vote, to wit:
1993 by the
AYES:
Bode, Kitnick, Van Slyke, Jordan, Greer
NAYS:
None
ABSENT:
None
ABSTAIN:
None
Paul Van Slyke, ce-Chairman
of the Olivenhain Community
Advisory Board, City of
Encinitas
ATTG:¡" e. - 4-r-
Craig R. Olson,
Assistant Planner
.
.
(B)
.
ATTACHMENT "A"
Resolution No. OL-93-04
Findings for Approval for the Modification
of Parcel Map 16593
Pursuant to Sections 66472.1 and 66474
of the State Map Act
(A)
Changes in the circumstances make the condition for
landscaping as approved for the Tentative Parcel Map no longer
appropriate.
Facts: The State Water Resource Board denied a request to
allow the pond feature to be used as a storage area for
irrigation water for all four parcels. The pond feature was
to have been used to irrigate the landscaped areas proposed by
the Tentative Parcel Map until the parcels could be sold to
future custom home builders. The grading of the parcels
balanced on-site and the import fill that was to have been
taken from the pond excavation as proposed by the Tentative
Parcel Map was not needed.
Discussion: The Final Parcel Map has been recorded for the
project and the landscape material proposed by the approved
Conceptual Landscape Plan for the Tentative Parcel Map is no
longer able to be adequately irrigated since the proposed pond
feature which was to store water to provide the irrigation is
no longer a feasible alternative.
Conclusion: Therefore, the Olivenhain Community Advisory
Board finds that changes in the circumstances due to the State
Water Resource Board's determination that the water stored in
the proposed pond could not be used to irrigate the landscape
areas for all four parcels make the condition for landscaping
as approved for the Tentative Parcel Map no longer
appropriate.
The modifications do not impose any additional burden on the
present fee owners of the property and the modifications do
not alter any right, title, or interest in the real property
reflected on the recorded parcel map.
Facts: No evidence has been received to indicate that the
modifications to change the type of landscape material to be
established on the manufactured slope areas of the subdivision
or the elimination of the pond feature would' place any
additional burden on the property owners or change any right,
title or interest in the real property.
Discussion: The property owners have requested the
modifications to the approved Conceptual Landscape Plan.
Conclusion: Therefore, the Board finds that the modifications
do not impose any additional burden on the present fee owners
of the property and the modifications do not alter any right,
title, or interest in the real property reflected on the
recorded parcel map.
.
.
.
(C)
That the map as modified conforms to the provisions of Section
66474 of the State Map Act.
Facts: Resolution No. OL-90-22 states the findings required
for the original approval of the Tentative Parcel Map pursuant
to Section 66474 of the State Map Act.
Discussion: The approval of the requested modifications do
not alter the findings that were made by the Board for the
original Tentative Parcel Map approval.
Conclusion: Therefore, the Board finds that the map as
modified conforms to the original findings for the Tentative
Parcel Map's approval and to the provisions of Section 66474
of the State Map Act.
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