Loading...
1989-22 RESOWTION NO. -9.1.::..~2 A RESOLUTION OF OLIVENHAIN CO~lITY ADVISORY BOl~D DENYING A TENTATIVE PARCEL MAP (88-114-TPM) FOR PROPERTY BEING PARCEL J OF PARCEl. Y,¡.,\P 12127, COUnTY OF SAN DIEGO WHERE1.S , I I , ¡ [ Dr. steven Emmet. submitted a Tentative Parcel Hap application required by as the city of ElIcinitas S'.Jbdivision Ordinance, for the purpose of subdividing Of.::! 4.16 gross ac:::-e parcel into three lots C'f 1. 00, 1. 00, am'. 1. 46 net acre pa:::-cels respectively; and HHEREAS, public hearings were conducted by the Olivenhain Community Advisory Board on February 21, and April 18, 1989, and the public hearing was closed final and review of the resolution findings was conducted on May 16, 1989, as required by law, and all persons desiring to be heard were heard. NOW THEREFOP~, BE IT RESOLVED by the Olivenhain Community Advisory Doë\rd of the ci ty of Encini tas, that the proposed Tentative Parcel ~lap fo:::- property being Parcel 3 of Parcel Map 12127, County of San Diego, Olivenhain. is ~ereby DENIED, and that denial is based upon the following findings: a. That the proposed map is not con~istent with applicable general and ~pecific plans as specified in Section 65451 of the Subdivision Ma~ Act, and as setforth in the 1986 General Plan Conservation Element with specific consideration of Chapter 2, General Conservation, Policy 4, and Chapter 6, Soils, Policies 4, 6, and 7 attached as "Attachment A". in that the project is proposing lots for development in an area of greater than 25% slope in the Coastal Resource Protection Zone and the evid~nce .{ LN/CAB11c-076wp (4-12-89) " >; ,"" ~. 'i f . submitted by the property ol..'ner in the form of a prelim:nary fea5ability grðding plan, a T~n~ative Parcel Map (both rect':Lved and dated by the City of Encinitas on December 12, 1988), and all written documentation and public testiMony on file in the Department of Planning 3nd Community Dev~lopment does not adf'guateJy substantinto that the deveJ.opment of the lots could be acccmpl ished in conforIl'.ance with the aforementioned General Plan policies. Approximately 80\ of the site is over 25\ slope and the aver~ge slope on pbrcel 3 is 40\, wjth considerable 40% slope on parC".el:. 1 and 2, which results in the inability to mae~ the certain Zoning ~tandards setfcrth for d~velopment in t~e ~Jral residential zon~. b. That the site is not physically suitable f':)r the type of development, in tt.at the project site is predominantly ~ore than 25\ stop~; parcel J of 1.46 acrdS has natural slopes of an average of 40\, and as setforth in Section 5950 of the City of Encinitas Zoning Ordinance and at\:ached as "Attachment A" for lots of more than 1 acr~ "any encroachment into steep slope areas over 25% shall not exceed 10\ of the steep slope ar£a over 25% grade; parcels 1 and 2 which are both proposed at 1.00 acre have nearly all of their area in ~lope over 25\ and as set forth in Section 5950, lots of 1 acre or less, with all or nearly all of their area in slopes ever 25\ grade, ~ay be permitted an encroachoent into the steep slope area, provided any area to be dj sturbed tro:n its natural state shall be limited to 2000 sq. ft. or 20\ of the entire parcel, whichever is greater; areas with slopes over 25\ grade may be used in order to provide access to flatter areas if there i~ no less environmentally damr3ging alternative 2vailable; and the evidence submit~ed by the property o~ner in th~ forn of a preliminary feasability grading plan, a Tentative Parcel Map (both received and dated by the City of Encinitas on December 12, 1988) I and all written and graphic documentation and public testimony on file in the Department of Plannin~ and Community Development does ~ot adequately substantiate ~hat th~ development of the lots could be accomplished in conformance with the ;).for-amentioned Zoning Ordinanc-a standards, in tha~ the approximate calculations taken from the evidence submitted identify that parcel J may be encroaching into the ~5\ slope areas more than the 10\ allowed and possibly up to 24\, and approximate p~rcentag~s of encroachment for parcell could not be determ~ned. The project is lc,'r3ted in the rural residential zone and the property ow~er is proposing to create J lots. LN/CAB11c-076wp (4-12-89) .