1989-10
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RESOLUTION NO.
OL-89-010
A RESOLUTION OF THE
OLIVENHAIN COMMUNITY ADVISORY BOARD
TO APPROVE A TENTATIVE PARCEL MAP
TO CREATE TWO PARCELS FROM AN EXISTING 1.28 ACRE
LOCATED AT 284 RANCHO SANTA FE ROAD
SITE
(CASE NO. 89-058-TPM)
WHEREAS, a Tentative Parcel Map to subdivide an existing 1.28
acre site into two lots of .60 and .68 acres, respectively, was
filed by Kasper and Franziska Rhyner for the property located at
284 Rancho Santa Fe Road, legally described as:
Parcel 4 of Parcel Map No. 15145, as filed in the Office of
the County Recorder of San Diego County, November 12, 1987 as
File No. 87-634822 of Official Records; as more particularly
described in the attached legal description, marked Attachment
C.
WHEREAS, a public hearing was conducted on the application,
June 20, 1989 and all persons desiring to be heard were heard; and
WHEREAS, evidence was submitted and considered to include
without limitation:
1.
2.
The staff report dated June 9, 1989;
The proposed General Plan, Local Coastal Program, Zoning
Code and maps;
Oral evidence submitted at the hearing;
written evidence submitted at the hearing;
Documentation and site plans submitted by the applicant;
and
3.
4.
5.
WHEREAS, the Olivenhain Community Advisory Board made the
required findings pursuant to Chapter 30.16.010. B2a. -d. of the
Zoning Code of the City of Encinitas which allowed the proposed
project to exceed midrange density. (See Attachment "A") .
WHEREAS, the Olivenhain Community Advisory Board made the
required findings pursuant to Chapter 24.60: Minor Subdivision:
Tentative Parcel Map of Title 24: Subdivision Ordinance for the
City of Encinitas. (See Attachment B").
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CASE NO. 89-058 TPM
NOW, THEREFORE, BE IT RESOLVED by the Olivenhain Community
Advisory Board of the City of Encinitas that the Tentative Parcel
Map Application is hereby approved subject to the following
conditions:
A. The applicant agrees to drop the building pad so that
the view from the Longobardo Residence to the rear,
measured from 4 feet above the finished floor elevation
of the 1st floor, would not be obstructed by the proposed
residences;
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D.
E.
F.
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B.
The applicant agrees to ensure that the final grading
plan will comply with the conceptual grading plan which
incorporates the lowered building pads, and that the
building pad for parcel 2 will be at 126 elevation for
a two story house, with a requirement that the building
height at any point may not exceed 148 elevation, and for
parcell the building pad will be at 130 elevation for
a two story house, with a requirement that the building
height at any point may not exceed 152 elevation, and
that a covenant be recorded on the respective parcels
agreeing to the abovementioned requirements. It is
understood that the pad elevations may vary depending on
the type of building constructed (i.e., one story or two
story), and that the intent is that the building height
not exceed the elevations designated herein for parcel
1 and parcel 2.
C.
The 20' access road will be posted on both sides for "No
parking".
The property owner will be contributing $2,000 for each
dwelling unit for a total of $4,000 in Park Fees in
addition to the required Park Fees, all of which shall
be paid prior to final map approval. Standard fees based
on square footage shall be paid prior to issuance of
building permits.
The design of the homes is required to be reviewed
through the Design Review application process to ensure
that the design of the homes will be above average.
The applicant's engineer is required to submit a drainage
study in conjunction with the grading plan as required
herein as Condition 4.H., for city approval due to the
concern over the existing inadequate drainage in the area
on and off site. The applicant shall clean out the
existing drainage system if it is determined by the
applicant's engineer that the system is presently
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1.
E.
F.
G.
CASE NO. 89-058 TPM
clogged. The applicant's engineer shall submit
verification of the status of the existing drainage
system to the satisfaction of the Department of Planning
and Community Development.
G.
The applicant is required to plant the existing slopes
now with erosion control, draught tolerant planting, as
well as the proposed slopes at the time the proposed
grading is accomplished.
GENERAL CONDITIONS
A.
This approval will expire on June 20,1991, at 5:00 p.m.,
in two years, unless the conditions have been met or an
extension has been approved by the Authorized Agency.
B.
This approval may be appealed to the authorized agent
within 15 calendar days from the date of this approval.
C.
At all times during the effective period of this permit,
the applicant shall obtain and maintain in valid force
and effect, each and every license and permit required
by a governmental agency for the operation of the
authorized activity.
D.
At no time during the effective period of this permit
shall the applicant be delinquent in the payment of taxes
or other lawful assessments relating to the property
which is the subject of this permit.
In the event that any of the conditions of this permit
are not satisfied, the Planning and Community Development
Department shall cause a noticed hearing to be sent
before the authorized agency to determine why the City
of Encinitas should not revoke this permit.
Upon a showing of compelling public necessity
demonstrated at a noticed hearing, the City of Encinitas,
acting through the authorized agency, may add, amend, or
delete conditions and regulations contained in this
permit.
Nothing in this permit shall relieve the applicant from
complying with the conditions and regulations generally
imposed upon activities similar in nature to the activity
authorized by this permit.
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2.
D.
CASE NO. 89-058 TPM
H.
Nothing in this permit shall authorize the applicant
to intensify the authorized activity beyond that which
is specifically described in this permit.
1.
Approval of this request shall not waive compliance with
any sections of the Zoning Development Code and all other
applicable City Ordinances in effect at the time of
Building Permit issuance.
J.
The applicant shall comply with the latest adopted
Uniform Building Code, Uniform Mechanical Code, Uniform
Plumbing Code, National Electric Code, Uniform Fire Code,
and all other applicable codes and ordinances in effect
at the time of building permit issuance.
K.
Project is approved as submitted/modified and shall not
be altered without Planning and Community Development
Department review and approval.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND
COMMUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING
CONDITIONS:
SITE DEVELOPMENT
A.
site shall be developed in accordance with the approved
site plans on file in the Planning and Community
Development Department and the conditions contained
herein.
B.
Prior to any final occupancy approval, all conditions of
approval contained herein shall be completed to the
satisfaction of the Director of Planning and Community
Development.
C.
For new residential dwelling unit(s), the applicant shall
pay development fees at the established rate. Such fees
may include, but not be limited to: Permit and Plan
Checking Fees, School Fees, Water and Sewer Service Fees,
Traffic Fees, and Drainage Fees. These fees shall be
paid prior to issuance of a building permit.
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; color of
identification and/or addresses shall contrast with their
background color.
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CASE NO. 89-058 TPM
E.
Owner(s) shall enter into a covenant waiving any claims
of liability against the City and agree(s) to indemnify
and hold harmless the City and City's employees relative
to the approved project. This covenant is applicable to
any erosion resulting from the development project prior
to final map recordation.
F.
Any change to the natural drainage or concentration of
drainage shall be adequately handled and shall not impact
adjacent properties.
Design Review shall be required for the design of the
homes, all fences and walls, landscaping, and any noise
attenuation measures necessary. A standard covenant
shall be recorded in the Office of the County Recorder
to run with the land.
G.
APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
3.
FIRE
A.
Prior to delivery of combustible building materials on
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 adequate,
permanent access for emergency vehicles. Said access
shall be maintained to the satisfaction of the Fire
Department.
B.
Submit a letter from the Encinitas Fire Protection
District stating satisfaction with the type and location
of fire hydrants. Fire hydrants shall be of a bronze
type and shall be identified by installing a "blue"
reflective dot on the street surface pursuant to Fire
Department standards.
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
4.
GRADING
A.
Grading of the subject property is defined by Chapter
23.24 of the Encinitas Municipal Code. Grading shall be
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G.
H.
5.
CASE NO. 89-058 TPM
performed under the observation of a registered 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 verify compliance with
Chapter 23.24 of the Encinitas Municipal Code.
B.
No grading permits shall be issued for this subdivision
prior to recordation of the final map.
C.
The developer shall obtain a grading permit prior to the
commencement of any clearing or grading of the site.
D.
No grading shall occur outside the limits of the PROJECT
unless a letter of permission is obtained from the owners
of the affected properties.
All new manufactured slopes within this project shall be
no steeper than 2:1.
E.
F.
A drainage system capable of handling and disposing of
all surface water originating within the subdivision, and
all surface waters that may flow onto 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.
The owner of the subject property shall execute a hold
harmless covenant for the City of Encinitas regarding
drainage across the adjacent property prior to approval
of THE FINAL MAP for this project.
The final grading plan shall be a subject to review and
approval by the Public Works Department and shall be
completed prior to recordation of the final subdivision
map.
STREETS AND SIDEWALKS
(The authorized agency may modify City Standards in particular
cases. The application of a request for such modification
must show special circumstances or conditions affecting the
property in question; and that such modification is necessary
for the preservation and enjoyment of a substantial property
right of the applicant; and that the modification will not be
materially detrimental to the public welfare or injurious to
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F.
G.
CASE NO. 89-058 TPM
other property in the
Section 24.12.020.)
immediate
vicinity Municipal
Code
A.
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".
B.
Reciprocal access and maintenance and/or agreements shall
be provided ensuring access to all parcels over private
roads, drives or parking areas and maintenance thereof
to the satisfaction of the Director of Public Works.
C.
Plans, specifications, and supporting documents for all
improvements shall be prepared to the satisfaction of the
City Engineer. Prior to approval of the final map, the
Subdivider shall install, or agree to install and secure
with appropriate security as provided by law,
improvements shown on the tentative map and the following
improvements to City Standards to the satisfaction of the
City Engineer:
The private road of access to parcels 1 and 2 shall be
improved to meet standards for private roads. (100 trips
or less classification.)
D.
The design of all private streets and drainage systems
shall be approved by the city Engineer prior to APPROVAL
OF THE FINAL MAP for this proj ect. The structural
section of all private streets shall conform to City of
Encini tas Standards based on R-val ue tests. The
standard improvement plan check deposit is required.
E.
All damaged off-site public works facilities, including
parkway trees, shall be repaired or replaced prior to
exoneration of bonds and improvements, to the
satisfaction of the Department of Public Works.
Prior to any work being performed in the public
right-of-way, a right-of-way construction permit shall
be obtained from the Public Works office and appropriate
fees paid, in addition to any other permits required.
The developer shall pay the Traffic Mitigation Fee at
the established rate at the date the final inspection or
the date the certificate of occupancy is issued,
whichever occurs later.
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6.
7.
CASE NO. 89-058 TPM
H.
Developer shall execute and record covenant with the
County Recorder agreeing not to oppose the formation of
an assessment district to fund the installation of right-
of-way improvements.
DRAINAGE AND FLOOD CONTROL
A.
Concentrated flows across driveways
shall not be permitted.
and/or sidewalks
APPLICANT SHALL CONTACT THE APPROPRIATE AGENCY REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
UTILITIES
A.
The developer shall comply with all the rules,
regulations and design requirements of the respective
sewer and water agencies regarding services to the
project.
B.
The Subdivider shall provide separate sewer, water, gas,
and electric services with meters to each of the units
when proposed.
C.
The developer shall be responsible for coordination with
S.D.G. & E., Pacific Telephone, and Cable TV authorities.
D.
All proposed utilities within the project shall be
installed underground including existing utilities unless
exempt by the Municipal Code.
E.
The developer shall be responsible for the relocation
and undergrounding of existing public utilities, as
required.
F.
utility easements shall be provided to the specification
of the serving utility companies and the Director of
Public Works.
G.
Water, sewer, and fire protection systems plans shall be
designed and constructed to meet requirements of the City
of Encinitas, Fire District, Appropriate Agency and the
Health Department of the County of San Diego.
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CASE NO. 89-058 TPM
H.
Applicant shall provide a letter of availability from
the appropriate utility serving agencies of less than 60
days old prior to granting permits or final map.
GENERAL REQUIREMENTS AND APPROVALS
A.
Final parcel and tract maps shall conform to City
standards and procedures and the Subdivision Map Act.
STANDARD MAP
Municipal Code)
CONDITIONS
(Chapter
24.16
of the
A.
That the subdivider grade and improve or agree to grade
and improve all land dedicated or to be dedicated for
streets or easements, bicycle routes, and all private
streets and private easements laid out on a final map or
parcel map in such manner and with such improvements as
are necessary for the use of the lot owners in the
subdivision and local neighborhood traffic and drainage
needs, and in accordance with the City Standards.
B.
That the subdivider shall provide that the subdivision
be connected to a domestic water system approved by the
city and all water system facilities shall be subject to
the requirements of the water company or agency serving
the subdivision. That the subdivider shall install or
agree to install all required water systems necessary to
serve the subdivision, including fire hydrants and
connections as may be required, and that all water lines,
appurtenances and service connections have been
constructed or laid prior to paving or provisions have
been made to ensure said construction.
C.
That, where a sewer facility is constructed or laid
within a street or road, the subdivider has installed or
agreed to install sewer facilities of a type, size and
location approved by the City Engineer to the property
line of each lot within the subdivision and that all
sanitary sewer lines, appurtenances and service
connections have been constructed or laid prior to paving
or provisions have been made to ensure said construction;
and that all sewer system facilities and construction
standards shall be subject to the requirements of the
agency providing service to the subdivision.
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CASE NO. 89-058 TPM
D.
All new and existing utility facilities, including, but
not limited to power, telephone and cable television
conduit and lines within the boundaries of any new
subdivision and within any half-street abutting a new
subdivision, shall be placed underground. The subdivider
is responsible for complying with the requirements of
this subsection, and he shall make the necessary
arrangement with each of the serving utilities, including
franchised cable television operators, for the
installation of such facilities. Transformers, terminal
boxes, meter cabinets, pedestals, concealed ducts and
other facilities necessarily appurtenant to such
underground utilities and street lighting systems may be
placed above ground subj ect to the subdivider's obtaining
a Design Review Permit. The provisions of this
subsection shall not apply to the installation and
maintenance or overhead electric transmission lines in
excess of 34,500 volts and long distance and trunk
communication facilities. This installation of cable
television lines may be waived when, in the opinion of
the City Council, no franchised cable operator is found
to be willing and able to install cable television lines
in the subdivision. Notwithstanding any such waiver, the
installation of cable television conduit is required.
E.
Where the City has adopted a flood control element or
drainage element of the general plan, all improvements
shall conform to such element.
F.
That the subdivider comply or agree to comply with all
the conditions of approval contained in the resolution
approving the tentati ve tract map and not otherwise
provided for by this Chapter.
G.
That all required improvements conform to City Standards.
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PASSED AND ADOPTED this
following vote, to wit:
CASE NO. 89-058 TPM
20th day of June,
1989,
by the
AYES:
DuVivier, Perkins, Trujillo, and Stumpf
NAYS:
None
ABSENT:
Johnson
ABSTAIN:
None
ATTEST:
L nda Niles
Associate Planner
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~<~
foseph C. Stumpf, h irperson
of the Olivenhain
Community Advisory Board
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CASE NO. 89-058 TPM
ATTACHMENT "A"
OLIVENHAIN COMMUNITY ADVISORY BOARD
RESOLUTION NO. OL-89-010
Findings to Achieve Maximum Density
(Chapter 30.16 of the Zoning Code of the City of Encinitas)
In order to achieve the maximum density allowed for the
subject site, the following findings must be made(Zoning
Code, Section 30.16.010.B2 a.-d.):
a. The environmentally constrained
adequately protected, and;
lands
are
b. The project shows high sensitivity to the
neighboring properties and area to ensure
compatibility with land uses and community
character, and;
c. The project design significantly exceeds the
minimum standards for development, and;
d.
The project either:
(1) Provides needed public improvements that
are significantly beyond the requirements for
the project, or;
(2) Provides private or public recreational
facilities that significantly exceed the
project's requirements.
(3)
Or provides other significant benefits.
Evidence to Consider:
The applicant has agreed to do the following:
1.
The applicant agrees to ensure that the final
grading plan will comply with the conceptual grading
plan which incorporates the lowered building pads,
and that the building pad for parcel 2 will be at
126 elevation for a two story house, with a
requirement that the building height at any point
may not exceed 148 elevation, and for parcell the
building pad will be at 130 elevation for a two
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6.
CASE NO. 89-058 TPM
story house, with a requirement that the building
height at any point may not exceed 152 elevation,
and that a covenant be recorded on the respective
parcels agreeing to the abovementioned requirements.
It is understood that the pad elevations may vary
depending on the type of building constructed (i. e. ,
one story or two story), and that the intent is that
the building height not exceed the elevations
designated herein for parcell and parcel 2.
2.
The 20' access road will be posted on both sides for
"No Parking".
3.
The property owner will be contributing $2,000 for
each dwelling unit for a total of $4,000 in Park
Fees in addition to the required Park Fees, all of
which shall be paide prior to final map approval.
4.
The design of the homes is required to be reviewed
through the Design Review application process to
ensure that the design of the homes will be above
average.
5.
The applicant's engineer is required to submit a
drainage study in conjunction with the grading plan
as required herein as Condition 4. H., for city
approval due to the concern over the existing
inadequate drainage in the area on and off site.
The applicant shall clean out the existing drainage
system if it is determined by the applicant's
engineer that the system is presently clogged. The
applicant's engineer shall submit verification of
the status of the existing drainage system to the
satisfaction of the Department of Planning and
Community Development.
The appl icant is required to plant the existing
slopes now with erosion control, draught tolerant
planting, as well as the proposed slopes at the time
the proposed grading is accomplished.
Based on the above listed contributions, the project is
found to adequately protect environmentally constrained
lands, to show sensitivity to and compatibility with
neighboring properties, to have a project design which
significantly exceeds minimum development standards and
which significantly exceeds the projects required
contributions to public recreational facilities.
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CASE NO. 89-058 TPM
ATTACHMENT "B"
OLIVENHAIN COMMUNITY ADVISORY BOARD
RESOLUTION NO. OL-89-010
Findings for a Minor Subdivision
(Chapter 24.60 of Subdivision Ordinance of City of Encinitas)
(a)
That the proposed map is consistent with applicable
general and specific plans as specified in Section
65451 of the Subdivision Map Act.
Evidence to Consider:
The subject property is designated as Residential .26-
.50 dwelling units per acre in the General Plan. This
designation would permit a minimum net lot area of 21,500
square feet which is equal to that of each of the
proposed lot areas. The proposed subdivision is,
therefore, consistent with the Plan.
(b)
That the design or improvement of the proposed
subdivision is consistent with applicable General
and Specific Plans.
Evidence to Consider:
The two lots are designed so that they can each
accommodate the development of a single family residence
as specified in the General Plan.
( c)
That the site is physically suitable for the type
of development.
Evidence to Consider:
Staff have identified no reason why the site cannot
physically accommodate single family residential
development as proposed. Future development proposals
would be subject to Uniform Building and Fire Codes, as
well as appropriate grading approvals subject to City
Ordinance.
(d)
That the site is physically suitable
proposed density of development.
for
the
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CASE NO. 89-058 TPM
Evidence to Consider:
The density of development will be single family
residential, which can be accommodated on the site.
(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.
Evidence to Consider:
Having identified no aspects in which this proposal could
have any significant adverse impacts on the environment,
staff have found the project to qualify for a Negative
Declaration under section 15070(a) of the State CEQA.
( f)
That the design of the subdivision or type of
improvements is not likely to cause serious public
health problems.
Evidence to Consider:
Sewer and water service is available on Rancho Santa Fe
Road and the plan indicates a utility easement parallel
to the private road to provide connections to each
parcel. The development, therefore, is not likely to
cause any serious public health problems.
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