1994-07
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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
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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.
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2.
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D.
E.
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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
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3.
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C.
D.
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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
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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.
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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.
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M.
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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.
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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.
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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
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(A)
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(B)
(C)
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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
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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.
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(F)
(G)
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(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.
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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)