1990-01
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RESOLUTION NO.
OL-90-01
A RESOLUTION OF THE OLIVENHAIN
COMMUNITY ADVISORY BOARD APPROVING A TENTATIVE PARCEL MAP
AND DESIGN REVIEW PERMIT FOR 3 LOTS
AND NEGATIVE DECLARATION FOR
(89-140-TPM/DR/EIA) FOR PROPERTY BEING PARCEL 1
OF PARCEL MAP NO 10526, CITY OF ENCINITAS
COUNTY OF SAN DIEGO, FILE NO. 80-324031
WHEREAS,
Kimball/Riley/MacDonald,
applied for a Tentative
Parcel Map and Design Review Permit for the purpose of subdividing
one 2.86 acre parcel into three lots for the construction of 3
single family dwelling units and Environmental Review for the lots
as required by the city of Encinitas Subdivision Ordinance, and as
required by Chapter 23.08, the City of Encinitas Design Review
Ordinance and the California Environmental Quality Act for property
being Parcell of Parcel Map No 10526, City of Encinitas, County
of San Diego, File No. 80-324031; and
WHEREAS, public hearings were conducted on the application
by the Olivenhain Community Advisory Board on October 17, November
7, and December 5, 1989, and January 16, February 6, and February
20, 1990 and all persons desiring to be heard were heard; and
WHEREAS,
evidence was submitted and considered to include
without limitation:
a.
site plan, elevations, landscaping and grading plans
submitted by the applicant;
written information submitted with the application;
Oral testimony from staff, applicant, and public made a
part of the record at said public hearing;
CAB staff reports (89-140-TPM/DR/EIA) dated October 12,
October 30, and November 30, 1989 and January 10, and
January 30, 1990 which are on file in the office of
Planning and Community Development; and
Additional written documentation.
b.
c.
d.
e.
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NOW THEREFORE, BE IT RESOLVED by the Olivenhain community
Advisory Board of the City of Encinitas that the Tentative Parcel
Map and Design Review Permit for 89-140-TPM/DR/EIA for 3 single
family lots and certification of the Negative Declaration for the
grading,
Community
landscaping
Mixed
Chaparral
and
Coastal
Restoration Plan are hereby approved subject to the following
findings:
Tentative Parcel MaD
a.
b.
c.
d.
That the proposed map is consistent with applicable
general and specific plans as specified in Section 65451
of the Subdivision Map Act.
That the design or improvement of the proposed
subdivision is consistent with applicable general and
specific plans since the project is in conformance with
the General Plan designation for the site.
That the site is physically suitable for that type of
development, in that the three parcels are proposed to
be developed in single family dwelling units which is
consistent with the RR-2 zoning designation and
development standards for the site.
That the site is physically suitable for the proposed
density of development, since the topography and design
of the lots can be adequately accommodated as proposed.
And that the project can be allowed to exceed mid-range
density of 2.27 dwelling units to a density of 3 dwelling
units since the environmentally constrained lands are
adequately protected in the open space easements, by
minimal grading and the implementation of a Coastal Mixed
Chaparral Community Restoration Plan as setforth in the
Negative Declaration. The project shows sensitivity to
the neighboring properties and area ensuring
compatibility with land uses and community character,
since the lots have been designed to be compatible with
the types of lots surrounding the subject site, and the
homes have been designed to be compatible in style,
materials used, and bulk and mass with the surrounding
neighborhood. The proj ect is approved wi th minimal
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grading on the site for the construction of the homes and
minimal grading of 10 percent encroachment is proposed
within the over 25 percent sloped areas. Therefore the
allowance to exceed mid-range density by .73 dwelling
unit is herein granted.
e.
That the design of the subdivision and the proposed
improvements are not likely to cause substantial
environmental damage or substantially and avoidably
injure fish or wildlife or their habitat, and a Negative
Declaration incorporating mitigating measures and a
Mi tigation Monitoring and Reporting Program is hereby
certified for the Tentative Parcel Map (89-140-
TPM/DR/EIA) on this date, February 20, 1990 and is on
file in the Department of Planning and community
Development.
f.
That the design of the subdivision or type of
improvements is not likely to cause serious public health
problems, since documentation has been obtained stating
that utilities shall be available for the site, and that
the subject site shall annex into the Cardiff Sanitation
District.
g.
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.
Desiqn Review
h.
That the proposed proj ect is in conformance with section
23.08.72 of the Design Review Ordinance, since the
proj ect is consistent with the existing and proposed
General Plan in land use allowing two dwelling units per
acre and all utilities are available to the site;
i.
That the proposed project is in conformance with section
23.08.74 of the Design Review Ordinance, since the
project has reduced the grading to prevent excessively
high graded slopes, focused the grading in areas outside
the over 25 percent sloped areas, provided for split
level construction where possible, and reduced the
overall amount of grading to retain as much of the site
in its natural state as possible;
j.
That the proposed project is in conformance with section
23.08.76 of the Design Review Ordinance, since the
exterior materials for the project have been coordinated
to be compatible with each other and the surrounding
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area, and the proposed structures are compatible with the
size and scale of other single family structures in the
surrounding neighborhoods and they will be of similar
heights;
k.
That the proposed project is in conformance with section
23.08.077 of the Design Review ordinance, since the
landscaping proposed will help create privacy for the
individual lots, some draught tolerant planting is being
utilized, graded slopes will be planted to minimize
erosion, and a major portion of the site is being
retained in its natural state incorporating a Coastal
Mixed Chaparral Community Restoration Plan as setforth
in the Negative Declaration referenced herein and made
a part hereof; and
I.
That the impact of the proposed development
and the surrounding area is being mitigated
that have been designed into the project as
the Negative Declaration referenced herein
part hereof.
on the site
by measures
setforth in
and made a
NOW THEREFORE, BE IT RESOLVED that Tentative Parcel Map and
Design Review Permit 89-140-TPM/DR/EIA is hereby approved subject
to the following conditions:
THE FOLLOWING CONDITIONS SHALL BE COMPLIED WITH BEFORE A PARCEL
MAP IS APPROVED BY THE OLIVENHAIN COMMUNITY ADVISORY BOARD AND
FILED WITH THE COUNTY RECORDER OF SAN DIEGO COUNTY.
THE PARCEL MAP SHALL SHOW AN ACCURATE AND DETAILED VICINITY MAP,
INCLUDING DISTANCES.
1.
GENERAL CONDITIONS
A.
This approval will expire on February 20, 1992, at 5:00
p.m. unless the conditions have been met or an extension
has been approved by the Authorized Agency.
This approval may be appealed to the authorized agent
within 15 days from the date of this approval.
B.
C.
Nothing in this permit shall relieve the applicant from
complying with the conditions and regulations generally
imposed upon activities similarly in nature to the
activity authorized by this permit;
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D.
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.
E.
A Mitigation Monitoring and Reporting Program (MMRP) as
setforth in the Negative Declaration herein referenced,
which includes a Coastal Mixed Chaparral Community
Restoration Plan, shall be established and funded by the
developer or property owner. The amount necessary will
be determined by the Directors of the Public Works and
Planning & Community Development Departments prior to
issuance of building permits.
F.
Permits from other agencies will be required as follows:
i.
ii.
Cardiff Sanitation District
Olivenhain Municipal Water District
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND
COMMUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING
CONDITIONS:
2.
A.
SITE DEVELOPMENT
B.
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, Drainage Fees, and Park Fees. Arrangements
to pay these fees shall be made:
a.
Prior to recordation of the final map; or
B.
Prior to issuance of a building permit;
as determined applicable by the Planning and Community
Development Department.
Any change to the natural drainage or concentration of
drainage shall be adequately handled and shall not impact
adjacent properties.
A site specific geotechnical investigation will be
required when development plans (i.e., building plans)
are submitted to the City for approval.
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3.
E.
ADDITIONAL APPROVALS REQUIRED
A.
The project is approved as submitted on the map dated
November 28,1989; the landscape plans dated February 2,
1990; and the elevations dated July 26,1989 and December
5, 1989 on file in the Department of Planning and
Community Development, and shall not be altered without
Community Advisory Board review and approval.
B.
Prior to the City Building Department issuing a final
inspection on framing, the applicant shall provide to the
Department of Planning and Community Development a survey
from a Civil Engineer as to the building height in
conformance with this Design Review approval.
C.
That a plan be submitted for approval by the Director of
Planning and Community Development, the City Engineer,
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.
That Design Review for all fencing 4' and over in height
on the individual lots be processed through the
Administrative Design Review process rather than through
Design Review at the Community Advisory Board level.
This is intended to allow staff to process the Design
Review permit administratively to include the required
public notice, and to allow staff to review the fence for
compatibility with the existing Design Review permit for
the project.
D.
That all mitigation measures setforth in the Negative
Declaration dated January 26, 1990 shall be conditions
of approval and will be monitored and reported on in
accordance with the Mitigation Monitoring and Reporting
Program as designated in the abovementioned Negative
Declaration.
APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
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
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4.
FIRE
A.
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In addition, the first lift of
be in place to provide adequate,
emergency vehicles. Said access
to the satisfaction of the Fire
B.
and sewer systems.
asphalt paving shall
permanent access for
shall be maintained
Department.
Submit a letter from the Encinitas Fire District stating
satisfaction with the type and location of fire hydrnats
and the minimum required water flow in gallons per minute
together with a letter from the appropriate agency
certifying that the fire department's minimum required
water flow is available to serve the site. Fire hydrants
shall be of a bronze type and shall be identified by
installing a "blue" reflective dot on street surface as
per Fire Department standards.
C.
Submit a letter from the Encinitas Fire District stating
that fire/fuel breaks have been provided to the
satisfaction of the Department.
APPLICANT SHALL CONTACT THE COMMUNITY SERVICES DEPARTMENT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
5.
RECREATION
A.
The developer shall pay the Park Fees at the established
rate prior to building permit issuance.
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
6.
GRADING
A.
No grading permits shall be issued for this subdivision
prior to recordation of the final map without written
approval from the Director of Community Development and
the City Engineer. It is anticipated that a grading
permit may be necessary to begin preparation of the site
for the required Coastal Mixed Chaparral Community
Restoration Plan.
B.
The developer shall obtain a grading permit prior to the
commencement of any clearing or grading of the site.
C.
The grading for 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
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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.
D.
No grading shall occur outside the limits of the
(SUBDIVISION/PROJECT) unless a letter of permission is
obtained from the owners of the affected properties.
E.
All slopes within this project shall be no steeper than
2: 1.
F.
A soils/geological/hydraulic report shall be prepared by
a qualified engineer licensed by the State of California
to perform such work prior to final map approval.
STREETS AND SIDEWALKS
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.
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 MAP. The
offer shall be made BY A CERTIFICATE ON THE FINAL MAP for
this project. All land so offered shall be granted to
the City free and clear of all liens and encumbrances and
wi thout cost to the City. Streets that are already
public are not required to be rededicated.
C.
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.
D.
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.
E.
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
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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 the proposed parcels from
Whisper Wind Drive to the westerly project boundary and
in conformance with the city of Encinitas Private Road
Standards.
F.
Developer shall execute and record a covenant with the
County Recorder agreeing not to oppose the formation of
an assessment district to fund the installation of right-
of-way improvements.
G.
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
Encinitas Standards based on R-value tests. The
standard improvement plan check deposit is required.
DRAINAGE AND FLOOD CONTROL
A.
A drainage system capable of handling and disposing of
all surface water originating wi thin 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. Drainage plans shall be reviewed for
consistency with the Coastal Mixed Chaparral Communityu
Restoration Plan.
B.
The owner of the subject property shall execute a hold
harmless covenant regarding drainage across the adjacent
property prior to approval of (THE FINAL MAP/ANY GRADING
OR BUILDING PERMIT) for this project.
C.
Concentrated flows across driveways and/or sidewalks
shall not be permitted.
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9.
10.
11.
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.
The project shall annex to Cardiff Sanitation District.
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.
GENERAL REQUIREMENTS AND APPROVALS
A.
All provisions of the Subdivision Ordinance of the
Encinitas Municipal Code shall be met as they relate to
the division of land including the standard conditions
of approval as adopted herein.
B.
Prior to final map approval or on the final map, all
dedications shall be made and easements granted as
required above.
STANDARD HAP
Code)
of the Municipal
(Chapter
CONDITIONS
24.16
A.
That all required improvements conform to City Standards
unless specifically waived herein.
B.
Final Parcel and Tract Maps shall conform with the
Subdivision Map Act and the City of Encinitas Municipal
Code, Standards and Procedures.
C.
This proj ect is approved specifically as 1
phase.
(single)
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PASSED AND ADOPTED
following vote, to wit:
AYES:
Boardmembers
NAYS:
None
this 20th day of February, 1990 by the
ABSENT:
Boardmembers Trujillo and Wiegand
ABSTAIN:
None
ATTEST:
N A S. NILES,
Associate Planne
LN/CAB11h-150wp
Chuck DuVivier, V' Chairman of
the Olivenhain Community
Advisory Board
8\\"
City of
Encinitas
July 28, 1992
Novene MacDonald
1427 Valleda Lane
Encinitas, CA 92024
RE: Addendum to Negative
Kimball/MacDonald
Declaration
for
Case
#91-187
EXT;
Dear Ms. MacDonald:
.
This letter is written to inform you that the Olivenhain community
Advisory Board on July 7, 1992, voted to approve your application
request for deletion of Mitigation Measure "B" of the original
Environmental Initial Assessment conducted for Tentative Parcel Map
No. 89-140. The approval also amends Condition 1E of Resolution
OL-90-01 for the Tentative Parcel Map. Therefore, a native species
revegetation program for a portion of the subject property is not
required. However, the area will need to be landscaped with common
landscape material if any grading occurs (or has occurred) that
could cause potential erosion.
I trust the Board's determination is beneficial to you. Should you
have any questions regarding the above, please do not hesitate to
contact me at your convenience.
~:~Y.'~
craig R. Olson
Assistant Planner
cc:
Olivenhain Community Advisory Board
Doug Logan, Logan Engineering
Greg Shields, Senior civil Engineer
,Bill Weedman, City Planner
.
527 Encinilas ßouk,'ard, Encinitas, California 9202'J
TEL ()]')-9+¡-';O50 I FAX 6 ')-()52-')H)()
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