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1994-07 . . . RESOLUTION NO. OL-94-07 A RESOLUTION OF THE OLIVENHAIN COMMUNITY ADVISORY BOARD OF THE CITY OF ENCINITAS APPROVING A TENTATIVE PARCEL MAP FOR A FOUR PARCEL SUBDIVISION HAVING ONE REMAINDER PARCEL FOR PROPERTY LOCATED ON THE EAST SIDE OF COLE RANCH ROAD (SOUTH OF CALLE SANTA CRUZ) AND AS LEGALLY DESCRIBED HEREIN (CASE NO.: 94-097 TPM; APN: 264-171-10) WHEREAS, a request for consideration of a Tentative Parcel Map for a four residential parcel subdivision with one remainder parcel was filed by Frederick Reva and Logan Engineering to allow for the subdivision of 3.70 acres of land having 3.06 net acres into four single family residential parcels and one remainder parcel. WHEREAS, the property is located on the east side of Cole Ranch Road (southerly of Calle Santa Cruz), and legally described as follows: A PORTION OF LOTS 73 AND 74 OF THE COLONY OF OLIVENHAIN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 326, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 8, 1885, TOGETHER WITH THE PREVIOUSLY VACATED PORTIONS OF 12TH STREET AND "F" STREET AND AS DESCRIBED IN MORE DETAIL IN THE GRANT DEED FILED AS DOCUMENT NO. 94-0323655 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. WHEREAS, a public hearing was conducted on the application on August 2 and October 4, 1994 before the Olivenhain Community Advisory Board and all persons desiring to be heard were heard; and WHEREAS, the Community Advisory Board considered, without limitation: 1. The Agenda Reports for the August 2 and October 4, 1994 Community Advisory Board meetings; and cdjcrojsr94097.o12(9-28-94) . . . 2. The application, Tentative Parcel Map, Slope Analysis, and Density Calculations consisting of three sheets and dated received by the City on June 21, 1994 and the revised Tentative Parcel Map consisting of one sheet and dated received by the City on October 4, 1994; and 3. Oral evidence received from the public, the applicant and City staff during the public hearing; and 4. written evidence submitted at the public hearing; and 5. 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 EXHIBIT "A" NOW THEREFORE, BE IT RESOLVED that Tentative Parcel Map No. 94-097 TPM as shown on the Tentative Parcel Map dated received by the City of approved by the Encinitas is on June 21, 1994 Olivenhain Community Advisory Board subject to the following conditions: 1. GENERAL CONDITIONS: A. The Tentative Parcel Map shall expire on October 4,1996, twenty-four months after Olivenhain Community Advisory Board approval unless an appeal is filed, a Final Parcel Map is recorded, or an extension of time has been approved pursuant to the Municipal Code. B. As agreed to by the applicant, this approval may be appealed to the Planning Commission within 10 calendar days from the date of a determination from the City Attorney related to whether Municipal Code standards for Mid-Range Density Findings are applicable to the project. 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. cd/cro/sr94097.o12(9-28-94) . 2. . D. E. . F. D. Permits or proof of exemption will be required from other applicable authorized agencies prior to Final Parcel Map recordation. E. The Tentative Parcel Map is approved as submitted or as conditioned herein and shall not be altered without the Communi ty Advisory Board's review and approval; or as may be permitted by the Municipal Code or the Subdivision Map Act. 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 Community Development Director. 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 Impact Fees, Flood Control Impact and Drainage Fees, Affordable Housing provisions and Park Impact Fees. Arrangements shall be made to the satisfaction of the appropriate department or agency to pay the impact fees prior to Final Parcel Map recordation, or as may be approved by the appropriate department. 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. As agreed to by the applicant, the future home on Lot 1 shall be designed as a "corner" home to present a quality architectural appearance to both street frontages to the satisfaction of the Community Development Director. A plan shall be submitted for approval by the Director of 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 employee 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. As agreed to by the applicant, a temporary public Pedestrian Trail consisting of Decomposed Granite shall be installed to connect Cole Ranch Road to Calle Santa cd/cro/sr94097.o12(9-28-94) . 3. . C. D. . Cruz and drought tolerant landscape plantings within the right-of-way of the northerly portion of Cole Ranch Road shall .be provided on the Final Parcel Map to the satisfaction of the Community Development Director. Said improvements are temporary and shall be removed at the City's request for construction of future road improvements as arranged by the conditions of an Encroachment Permit to be issued by the City Engineer. Maintenance of the improvements within the right-of-way shall be the responsibility of the adjoining property owner as stipulated within a Homeowners Agreement or within the Private Road Maintenance Agreement. Said improvements shall be implemented to the satisfaction of the City Engineer and Community Development Director. G. Parkway landscaping for Calle Santa Cruz shall be consistent with established parkway landscaping in the neighborhood to the satisfaction of the City Engineer and Community Development Director. FIRE PROTECTION DISTRICT: DEVELOPER SHALL CONTACT THE FIRE PROTECTION DISTRICT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. ACCESS ROADWAYS: Fire apparatus access roadways shall have an unobstructed paved width of not less than 24 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches. Access to one single family residence shall not be less than 16 feet in paved width. EXCEPTION: with automatic fire sprinkler systems installed, a fire access roadway providing access to not more than three single family dwellings shall not be less than 16 feet in paved width with an unobstructed vertical clearance of not less than 13 feet 6 inches. B. TURNAROUNDS: All dead-end fire access roadways in excess of 150 feet in length or serving four or more dwelling units shall be provided with a cul-de-sac. The cul-de- sac radius for public streets shall comply with City Road standards. Streets constructed to private road standards where a turnaround is required shall have a cul-de-sac with a paved radius of not less than 36 feet. Al ternati ve types of turnarounds may be considered by the Chief as needed to accomplish the provisions of the Fire Code. COMBUSTIBLE MATERIALS: Prior to delivery of combustible building materials on the project 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 surface for emergency vehicles. Said access shall be maintained to the satisfaction of the Fire District. ADDRESS NUMBERS: Address numbers shall be. placed in a location that will allow them to be clearly visible from the street fronting the structure. The height of the cd/cro/sr94097.o12(9~28-94) . . 4. numbers shall conform to Fire District standards. NOTE: where structures are located off a roadway on long dri veways, a monument marker shall be placed at the entrance where the driveway intersects the main roadway. Permanent address numbers shall be affixed to this marker. E. AUTOMATIC FIRE SPRINKLER SYSTEM: structures shall be protected by automatic fire sprinkler systems installed to the satisfaction of the Fire Protection District and Municipal Code standards. F. RECORDATION: Prior to granting final recordation or development approval, the applicant shall submit to the Community Development Department a letter from the Fire District stating that all fees including plan check reviews and/ or cost recovery fees have been paid or secured to the satisfaction of the Fire District. G. SMOKE DETECTORS: Smoke detectors shall be inspected by the Fire Protection District. H. FIRE HYDRANT LOCATION: The Community Advisory Board recommends the relocation of the fire hydrant on Cole Ranch Road to the south side of the access road to the property to the west subject to the Fire Marshal's approval. Said relocation could better serve property to the south when Cole Ranch Road is improved. PUBLIC WORKS & CITY ENGINEER: DEVELOPER SHALL CONTACT THE CITY ENGINEER¡NG 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. B. C. D. . The grading of this project is defined in Chapter 23.24 of the Encini tas Municipal Code. Grading shall be performed 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 to verify compliance with Chapter 23.24 of the Encinitas Municipal Code. No grading shall occur outside the limits of the subdivision unless a letter of permission is obtained from the owners of the affected properties. A separate grading plan shall be submitted and approved and a separate grading permit issued for the borrow or disposal site if located within the City limits. cd/cro/sr94097.o12(9-28-94) . . J. K. . E. All newly created slopes within the project shall be no steeper than 2:1. F. 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. G. Prior to hauling dirt or construction materials to any proposed construction site within this project, the developer shall submit to and receive approval from the City Engineer for the proposed haul route. The developer shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation. DRAINAGE CONDITIONS: H. 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. A drainage system capable of handling and disposing of all surface water originating within the subdivision, and all surface waters that flow into the subdivision from adjacent lands, shall be required. Said drainage system shall include any easements and structures as required by the City Engineer to properly handle the drainage. I. The proposed project falls within areas indicated as subject to flooding under the National Flood Insurance Program and is subject to the provisions of that program and City Ordinance. The area of inundation (100-year storm) shown wi thin Parcel 4 shall be dedicated as a drainage easement to the City of Encinitas. California Department of Fish and Game approval shall be required for any stream bed alteration. Concentrated flows across driveways and/or sidewalks shall not be permitted. cd/cro/sr94097.o12(9-28-94) . M. . STREET CONDITIONS: L. The developer shall make an offer of dedication to the City for all public streets and easements required by these conditions or shown on the Tentative Parcel Map. The offer shall be made by a CERTIFICATE ON THE FINAL PARCEL MAP ,for this project. All land so offered shall be granted to the city free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated. Reciprocal access and maintenance and/or agreements shall be provided ensuring access to all lots over private roads, drives or parking areas and the maintenance thereof, to the satisfaction of the City Engineer. N. Street trees, a minimum of 15 gallon in size or larger, shall be planted in accordance with the City of Encinitas standards, along Calle Santa Cruz. As agreed to by the applicant, the street trees shall be provided at a ratio of 3 trees per lot. Plans for said street trees shall be approved by the Community Development Director and the City Engineer prior to Final Parcel Map recordation. The design of all private streets and drainage systems shall be approved by the City Engineer PRIOR ISSUANCE OF ANY GRADING OR BUILDING PERMIT for this project. The structural section of all private streets shall conform to the City of Encini tas Standards based on R-value tests. The standard improvement plan check deposit is required. O. P. Plans, specifications, and supporting documents for all improvements shall be prepared to the satisfaction of the City Engineer. Prior to the approval of the Final Parcel Map, the subdivider shall install, or agree to install and secure with appropriate security as provided by law, improvements shown on the Tentative Parcel Map including the improvement of Calle Santa Cruz which will be required to be improved to City Standards which require Portland Cement Concrete curb and gutter; or as may be found appropriate by the city Engineer to be compatible with the neighborhood. UTILITIES: Q. The developer shall comply with all the rules, regulations and design requirements of the respective utility agencies regarding services to the project. R. S. . T. The developer shall be responsible for coordination with SDG&E, Pacific Telephone, and all other utility agencies. All proposed utilities within the project shall be installed underground including existing utilities unless exempt by the Municipal Code. The developer shall be responsible for the relocation and undergrounding of existing public utilities, as required. cdjcrojsr94097.o12(9-28-94) . . . MAP: u. This project shall be approved specifically as one (1) single phase. V. This subdivision contains a Remainder Parcel. No Building or Grading Permit shall be issued for the Remainder Parcel until a Certificate of Compliance is issued. The conditions of such certificate shall be the same as the conditions as those for the Tentative Parcel Map. This note shall be placed on the Final Parcel Map. Cole Ranch Road shall be retained as a public right-of- way. Private street improvements, as indicated on the Tentative Parcel Map, are acceptable until the City determines that the alignment is to be constructed to Public Road Standards for a Local Road, with PCC curb, gutter and asphaltic pavement. w. BE IT FURTHER RESOLVED that the Olivenhain Community Advisory Board, in its independent judgment, has found this project to be exempt pursuant to section 15315 of CEQA since the project proposes four residential parcels, is located within an area designated for residential development by the General Plan and Zoning District and has an average slope of less than 20%. The Board finds that the project will not have an adverse impact on wildlife resources as defined by section 711. 2 of the State Fish and Game Code and directs staff to prepare "De Minimis Findings" and a certificate of Fee Exemption. PASSED AND ADOPTED this 4th day of October, following vote, to wit: 1994 by the AYES: Tutoli, Bode, Van Slyke, McGregor, Jordan NAYS: None ABSENT: None ABSTAIN: None PIC. Van Slyke, J.rman of the Olivenhain Community Advisory Board, City of Encinitas ATTEST: ~ ~lge.k~ Craig R. Olson Assistant Planner cd/cro/sr94097.o12(9-28-94) . (A) . (B) (C) . EXHIBIT "A" Resolution No. OL-94-07 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 parcels and 1 Remainder parcel having net acreages in excess of 0.5 net acres. The property is located within the Rural Residential-2 Zoning District which requires a minimum net lot area of 0.5 acres. The lots 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 lot. Discussion: The project conforms to the General Plan density requirements for the RR-2 Zoning District since the project proposes 4 residential Parcels and 1 Remainder Parcel and the density study indicates that a maximum density of 5.33 lots wou¡d be permitted given net acreage and other General Plan identified constraints. 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 with the minimum 0.5 acre net lot area required for the Rural Residential-2 Zoning District. Building pads indicated on the Tentative Parcel Map 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 Tentati ve Parcel Map reviewed for the proposed subdivision indicates that the project is designed to conform to Zoning Code standards and is consistent with General Plan provisions for the Rural Residential-2 Zoning District. Conclusion: Therefore, the Olivenhain Community Advisory 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 proposes to provide lot sizes that conform to the requirements of the Rural Residential-2 Zoning District. A Geotechnical Report prepared by WESTERN cdjcrojsr94097.o12(9-28-94) . SOIL AND FOUNDATION, INC. (dated May 12,1994 and on file with the Community Development Department) concludes that no significant geotechnical conditions that cannot be corrected by adherence to acceptable soil preparation techniques are present that would preclude the development of the site for future residential structures. No evidence has been submitted during the project review period to indicate that the site is not physically suitable for future development with 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-2 Zoning District. Future development of the Remainder Parcel is conditioned to require a certificate of Compliance. In accordance with Section 66424.6 of the State Subdivision Map Act, the Remainder Parcel may not be divided for the purpose of sale, lease, or financing and the Remainder Parcel shall not be counted as a parcel for the purpose of determining whether a Parcel or Final Map is required. Discussion: The applicant has submitted "will service" letters from the Water, Sewer, Fire and School Districts. The project is designed to satisfy development requirements of the Rural Residential-2 Zoning District and to comply with General Plan Policies. . Conclusion: Therefore, the Olivenhain Community Advisory Board finds that the site is physically suitable to accommodate the future development of four single family residences and that the Remainder Parcel has been conditioned in accordance with the State Map Act. (D) That the site is physically suitable for the proposed density. Facts: The Tentative Parcel Map proposes four residential parcels and a Remainder Parcel for the future construction of four single family residences. Prior to the development of the Remainder Parcel, findings must be made that all condi tions imposed upon the Tentati ve Parcel Map can be accommodated. . 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 maximum density calculation allows for 5.33 parcels in accordance with the General Plan and Municipal (Zoning) Code standards. The project proposes 4 residential Parcels and 1 Remainder Parcel as provided by the State Map Act and in conformance with the maximum density standard of the Municipal Code. Conclusion: Therefore, the Olivenhain Community Advisory Board finds that the Tentative Parcel Map conforms to the maximum density requirements for the Rural Residential-2 Zoning District established by the General Plan and that the site is physically suitable for the proposed density. cd/cro/sr94097.o12(9-28-94) . . (F) (G) . (E) 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 proj ect is exempt from environmental review pursuant to section 15315 of CEQA since the project proposes four residential parcels, is located within an area designated for residential development by the General Plan and Zoning District and has an average slope of less than 20%. Discussion: It has been determined that the project is exempt from environmental review pursuant to section 15315 of CEQA since the project proposes four residential parcels, is located within an area designated for residential development by the General Plan and Zoning District and has an average slope of less than 20%. This project would have no relationship to, or effect on, wildlife preservation under the MHCP or NCCP programs since the site is not impacted with sensitive vegetation habitat. Conclusion: The Olivenhain Community Advisory Board, in its independent judgment, has found this project to be exempt pursuant to section 15315 of CEQA since the project proposes four residential parcels, is located within an area designated for residential development by the General Plan and Zoning District and has an average slope of less than 20%. The Board finds that the project will not have an adverse impact on wildlife resources as defined by Section 711.2 of the State Fish and Game Code and directs staff to prepare "De Minimis Findings" and a Certificate of Fee Exemption. 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, Sewer,. Fire and School agencies can provide adequate service and utilities to the project site. Discussion: The Tentative Parcel Map proposes to create four residential Parcels and 1 Remainder Parcel 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 Community Advisory 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 within the proposed subdivision. cdjcrojsr94097.o12(9-28-94) . . . Facts: The Tentative Parcel Map indicates that adequate access to each of the four residential lots can be provided in conformance with City standards. 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 Tentati ve 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. Conclusion: Therefore, the Olivenhain Community Advisory Board finds that the design of the subdivision and future improvements will not conflict with any public easements nor hinder access to, or the use of, property within the proposed subdivision. cd/cro/sr94097.o12(9-28-94)