1990-19
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NOŒ: AfI'~c.L. VÞ\IEO o,J
AffEÞ-L -F. LEO &'1 fZANc.tto
~þ..Jí'" FE Assoc. 8'1 C"ï
CO'-'ÑCtl. Mþ.;~CH 1-D, I~"
RESOLUTION NO. OL-90-19
A RESOLUTION OF OLIVENHAIN COMMUNITY ADVISORY BOARD
APPROVING A TENTATIVE PARCEL MAP EXTENSION
(90-104-TPM/EXT; FOR TPM 18962)
FOR PROPERTY OF A PORTION OF LOT 19, RANCHO LAS ENCINITAS,
MAP 848, ALSO BEING PORTIONS OF LOTS 81 AND 81A,
COLONY OLIVENHAIN, MAP 326, TOGETHER
WITH PORTIONS OF "B" AND "C" AND 13TH STREETS
ALL WITHIN SECTION 7, T13S, R3W, SBM
WHEREAS, Dennis Hauswirth, submitted a Tentative Parcel Map
Extension
application
required
by
City
the
as
of
Encinitas
Subdivision Ordinance, for the purpose of extending the expiration
period for a Tentative Parcel Map subdividing one 2.77 acre site
into four lots of .5, .5, .81, and .5 acres respectively; and
WHEREAS, public hearings were conducted by the Olivenhain
Community Advisory Board on July 17, and September 4,1990, and set
a public hearing for reconsideration on October 16,
1990,
as
required by law,
and all persons desiring to be heard were heard.
NOW THEREFORE, BE IT RESOLVED by the Olivenhain Community
Advisory
Board
of
City
the
Encinitas,
of
that
the
proposed
Tentative Parcel Map Extension for property being a portion of Lot
19, Rancho Las Encinitas, Map 848, also being portions of Lots 81
and 81a, Colony Olivenhain, Map 326, together with portions of "B"
and "c" and 13th Streets all within Section 7, T13S, R3W, SBM, is
hereby
approved, and may exceed midrange density based upon the
following findings:
a.
That the proposed map is consistent with applicable
general and specific plans as specified in the
Subdivision Map Act, since the map proposes a 4 lot
Ln/CAB18-222Wp
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f.
subdivision meeting City standards. The Circulation
Element identifies a regional connecting road (SA 680)
to be located across this subdivision, eliminating 2 of
the 4 lots. The map is conditioned to notify the County
of the approval to allow the County opportunity to
protect the regional access. The map does not prohibit
the implementation of the Circulation Element,
maintaining consistency with the General Plan.
b.
That the design or improvement of the proposed
subdivision is consistent with applicable general and
specific plans, since the 4 lot subdivision meets the
City standards in the Rural Residential Zone of 2
dwelling units per acre. The General Plan identifies the
Circulation Element road (SA 680) crossing the property.
Implementation of the Circulation Element would not be
a reasonable condition to be born by the applicant. The
map is conditionally approved to place the County on
notice of action. The design is consistent with the
General Plan.
c.
That the site is physically suitable for that type of
development, in that the four 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.
d.
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.
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 was certified for the Tentative Parcel Map
(TPM 18962) on November 23, 1987 by the City of
Encinitas, and is on file in the Department of Planning
and Community Development.
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 is annexed into the Cardiff Sanitation
District.
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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.
h.
The environmentally constrained lands are adequately
protected since there are no significant environmental
features of the site.
i.
The applicant's understanding of the processing
procedures of the map has been complicated by changes in
some processing standards, engineering staff,
requirements that require separate improvement plans,
requirements for cash or letter of credit to be submitted
prior to map recordation, or the requirement for
improvements to be completed p~or to final map
recordation.
j.
The map was originally approved by three members of the
present City Council.
The application was not unnecessarily delayed by the
applicant. Delays in processing were brought about due
to the applicantls need to expend budgeted dollars on
litigation against alleged illegal grading on the site.
There is no need to alter the design of the map or add
conditions, since the map is consistent with the
surrounding neighborhood in density and lot area. It was
determined not to be consistent with the surrounding area
to ask for additional benefits to the City for .5 of a
lot in order to grant the extension of the previously
approved map that is consistent with the neighborhood.
Ln/CAB18-222Wp
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NOW THEREFORE,
BE IT RESOLVED that Tentative Parcel Map
Extension 90-104-TPM/EXT (for TPM 18962) is hereby approved.
PASSED AND ADOPTED this 16th day of October, 1990, by the
following vote, to wit:
Ayes:
Boardmembers Trujillo, Perkins, Johnson, and Wiegand
Nays:
None
Absent:
Boardmember DuVivier
Abstain:
None
KEVIN JOHNSON, Vice-Chairman of the
Olivenhain Community Advisory Board
ATTEST:
Linda S. Niles
Associate Planner
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