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1989-35 SFD Manchester Ave RESOLUTION NO. PC 89-35 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ENCINITAS APPROVING A TENTATIVE SUBDIVISION MAP (88-231-TM/EIA) AND NEGATIVE DECLARATION FOR PROPERTY AS DESCRIBED IN THE ATTACHED "EXHIBIT A" (LOCATED ON MANCHESTER AVENUE, OLIVENHAIN) WHEREAS, Harley Denk, submitted a Tentative Subdivision Map application as required by the City of Encinitas Subdivision Ordinance, for the purpose of subdividing the 14.87 acre site into 13 single family residential lots of a minimum of .50 acre each; and WHEREAS, public hearings were conducted by Olivenhain Community Advisory Board on April 4, May 2, and July 18, 1989 and by the Planning commission on September 26 and October 24, 1989 as required by law, and all persons desiring to be heard were heard. NOW THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Encinitas, that the proposed Tentative Subdivision Map dated October 4, 1989 for property as described in "Exhibit A" , is hereby approved, and that approval is based upon the following findings: a. That the proposed map is consistent with applicable general and specific plans as specified in section 65451 of the Subdivision Map Act. b. 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 goals and policies of the General Plan and the General Plan Land Use designation of the site. LN/CAB11e-085wp (8-14-89) c. That the site is physically suitable for that type of development, in that the thirteen 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, and the project has been designed to provide for an open space easement over the steeply sloped portions of the site. 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 Mitigation Monitoring and Reporting Program is hereby certified for the Tentative Subdivision Map (88-231- TM/EIA) dated October 4, 1989, on this date, October 24, 1989. 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 the applicant shall cause all the land within this subdivision to be annexed to 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. h. That the project can be allowed to exceed mid-range density of 12.9 dwelling units to a density of 13 dwelling units since the environmentally constrained lands are adequately protected in open space as shown on the map dated October 4, 1989. The project shows high sensitivity to the neighboring properties and area ensuring compatibility with land uses and community character, since the lots on the lower flat portion of the site have been designed to be compatible with the types of lots on the east side of Manchester Avenue adjacent to the property, and the lots on the sloped area have been limited to two lots utilizing the existing padded areas for the proposed house pads and the remainder of the steep slope area is being retained in LN/CAB11e-085wp (8-14-89) open space. The project design significantly exceeds the minimum standards for development, because it provides needed public improvements that are significantly beyond the requirements for the project. Those being the improvements being proposed on Manchester, the private off-site road, the two private sewer lines on the two upper lots offered to lessen the grading impacts to the steep slope open space area on those lots, and the minimal grading proposed on the project. The project provides two private open space water guzzler facilities to serve the existing wildlife in the area. Therefore, the allowance to exceed mid-range density by .1 dwelling unit is herein granted. NOW THEREFORE, BE IT RESOLVED that Tentative Subdivision Map dated October 4,1989 (88-231-TM) is hereby approved subject to the following conditions: THE FOLLOWING CONDITIONS SHALL BE COMPLIED WITH BEFORE A SUBDIVISION MAP IS APPROVED BY THE PLANNING COMMISSION AND FILED WITH THE COUNTY RECORDER OF SAN DIEGO COUNTY. THE SUBDIVISION MAP SHALL SHOW AN ACCURATE AND DETAILED VICINITY MAP, INCLUDING DISTANCES. 1. GENERAL CONDITIONS A. This approval will expire on October 24, 1991, at 5: 00 p.m. 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 days from the date of this approval. C. 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; 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) (attached) shall be included as conditions of approval of this resolution and as referenced in the Negative LN/CABlle-085wp (8-14-89) Declaration herein attached, and shall be 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 any permits on the project. F. Permits from other agencies will be required as follows: i. Cardiff Sanitation District ii. Olivenhain Municipal Water District Hi. County Health Department G. Pursuant to Chapter 24.21 of the City's Subdivision Ordinance, the subdivider shall provide one unit for every ten (10) lots to qualify for affordable housing assistance; or pay in lieu fees to the satisfaction of the Director of Planning and Community Development. APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 2. SITE DEVELOPMENT A. 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. B. Street names shall be approved by the City prior to the recordation of the final map, and street addresses shall be provided prior to the issuance of building permits. C. Any change to the natural drainage or concentration of drainage shall be adequately handled and shall not impact adjacent properties. D. A plan shall be submitted for approval by the Director of Planning and Community Development and the Encinitas Fire Protection District regarding the treatment of the site during the construction phase, and the circulation LN/CAB11e-085wp (8-14-89) and parking of construction workers' vehicles and any heavy equipment needed for the construction of the project. E. Parcels 1 - 11 shall be approved for development on the proposed pads as shown on the map dated October 4, 1989. Parcels 12 and 13 shall be developed as custom lots, and shall only provide grading necessary to construct a standard single family dwelling unit and required parking. Design Review shall be required for the design of all the homes, all fences and walls, landscaping, noise attenuation measures, and any changes to the grading of the lots approved on the Tentative Subdivision map dated October 4, 1989, and a standard covenant requiring said review shall be recorded in the office of the County Recorder to run with the land for all lots. 3. SIGNS A. Any signs proposed for this development shall be designed and approved in conformance with the Sign Ordinance. B. A comprehensive Sign Program for this development to include temporary subdivision advertising signs and any model home and information signing shall be submitted to the Community Development Department or Community Advisory Board for their review and approval prior to issuance of building permits. 4. ADDITIONAL APPROVALS REOUIRED A. When public or private recreational trails are required as a part of the subdivision, the developer shall display a map in the sales office, of said subdivision, indicating the trails. B. All sales maps that are distributed or made available to the public shall include but not be limited to trails, future and existing schools, parks, and streets. APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 5. FIRE A. Prior to delivery of combustible building materials on LN/CAB11e-085wp (8-14-89) 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. All designated emergency access roads shall be posted per the Fire Department. C. Submit a letter from the Encinitas Fire Protection District stating satisfaction with the type and location of Fire hydrants 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. D. Cul-de-sacs shall be designed to meet a minimum paved radius of 40 feet to ensure adequate turn around. E. All two-way traffic aisles shall be a minimum of 24 feet wide and emergency access shall be provided, maintained free and clear, a minimum of 24 feet wide at all times during construction in accordance with Fire Department requirements, except for the end of the private access easement at the extension of Colony Terrace to access lots 12 and 13 which shall be allowed at 20' in width with a 20' x 30' turn around easement at the furthest end of the easement, if required by the Encinitas Fire Protection District. F. All structures shall be protected by fire sprinkler systems per N.F.P.A. standards, and shall be installed to the satisfaction of the Encinitas Fire Protection District. G. All Streets improved to 24' width, or less, shall be posted for no parking on both sides of the street, and signs shall be posted that read "parking off the street only". H. Address numbers shall be clearly visible from the street fronting the structure. Where structures are located off a roadway on long driveways, a monument shall be placed at the entrance where the driveway intersects the main roadway. Address numbers shall be displayed on this monument. LN/CAB11e-085wp (8-14-89) APPLICANT SHALL CONTACT THE COMMUNITY SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 6. RECREATION A. Parkland Dedication in lieu of payment of Park Fees shall be to the satisfaction of the community services Director and the Director of Public Works and shall be made prior to final approval of the final map. B. The developer shall pay the Park Fee at the established rate at the date of final inspection, or the date of the certificate of occupancy, whichever occurs later. C. A covenant shall be recorded with the office of the county Recorder agreeing to install and maintain water guzzlers in locations approved by the Director of Community services, and as shown on the map dated October 4, 1989. The water shall be provided by the private property owners who own the water guzzlers located on each of the private open space easements associated with lots 12 and 13. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 7. GRADING A. No grading permits shall be issued for this subdivision prior to recordation of the final map. 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 by Chapter 23.24 of the Encinitas 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 verify compliance with Chapter 23.24 of the Encinitas Municipal Code. D. No grading shall occur outside the limits of the SUBDIVISION unless a letter of permission is obtained from the owners of the affected properties. E. A separate grading plan shall be submitted and approved LN/CAB11e-085wp (8-14-89) and a separate grading permit issued for the borrow or disposal site if located within the city limits. F. All manufactured slopes within this project shall be no steeper than 2:1. G. A soils/geological/hydraulic report (as applicable) shall be prepared by a qualified engineer licensed by the state of California to perform such work prior to final map approval. H. 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. 1. 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. J. 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. K. The developer shall pay the current local drainage area fee prior to approval of the final map for this project or shall construct drainage systems in conformance with the Master Drainage Plan and City of Encinitas Standards LN/CAB11e-085wp (8-14-89) as required by the City Engineer. 8. 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 other property in the immediate vicinity in conformance with the Municipal Code section 24.12.020.) 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/SITE DEVELOPMENT PLAN). The offer shall be made (BY A CERTIFICATE ON THE FINAL MAP/PRIOR TO ISSUANCE OF ANY BUILDING PERMIT) 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. 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. Direct access rights for all lots abutting Manchester Avenue shall be waived on the final map. E. 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. F. 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, LN/CAB11e-085wp (8-14-89) improvements shown on the tentative map and the following improvements to City standards to the satisfaction of the City Engineer: Manchester Avenue shall be improved along the project's frontage to conform with a local augmented roadway classification as designated on the circulation element of the General Plan. Private street pine Crest Drive to lots number 1 through 11 shall be improved as shown on the Tentative Map with 24 foot wide a.C. pavement, p.c.c. rolled curbs with a 32 foot wide graded roadbed. The private road of access to lots number 12 and 13 shall be improved from Manchester Avenue to its northerly end (lot 13) with 20 foot wide pavement plus drainage control, and terminating on a Fire Department approved turn around. G. 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. Prior to close of escrow the developer shall require that the prospective property owners sign and return the following statement to the City of Encinitas Department of Planning and Community Development: "In purchasing the home on Lot , I am aware of and understand that I am agreeing not to oppose the formation of an assessment district to fund the installation of right-of-way improvements." H. 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 project. 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. 9. DRAINAGE AND FLOOD CONTROL A. 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. B. The developer shall pay the current local drainage area fee prior to approval of the final map for this project LN/CAB11e-085wp (8-14-89) or shall construct drainage systems in conformance with the Master Drainage Plan and city of Encinitas Standards as required by the city Engineer. APPLICANT SHALL CONTACT THE APPROPRIATE AGENCY REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 10. 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 developer shall be responsible for coordination with S.D.G. & E., Pacific Telephone, Cable TV authorities, and other applicable utility companies. c. All proposed utilities within the project shall be installed underground including existing utilities unless exempt by the Municipal Code. D. The developer shall be responsible for the relocation and undergrounding of existing public utilities, as required. 11. GENERAL REOUIREMENTS AND APPROVALS A. A private road maintenance agreement shall be recorded for improvements and maintenance of the private road on and off site. B. Final parcel and tract maps shall conform to city standards and procedures and the Subdivision Map Act. C. Should this subdivision be further divided, each final map shall be submitted for approval by the Director of Public Works. D. 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. E. Prior to final map approval or on the final map, all dedications shall be made and easements granted as required above. F. Some improvements shown on the Tentative Map and/or LN/CAB11e-085wp (8-14-89) required by these conditions are located offsite on property which neither the City nor the subdivider has sufficient title or interest to permit the improvements to be made without acquisition of title or interest. The subdivider shall conform to Section 24.16.070 of the Encinitas Municipal Code which provides for acquisition of property interests for off-site improvements. 12. STANDARD MAP CONDITIONS (Chapter 24.16 of the Municipal Code) 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 install or agree to install all drainage and flood control structures and facilities required by the city Engineer, which drainage and flood control structures and facilities shall conform to the City Standards and the General Plan. C. That the subdivider install or agree to install fire hydrants and connections of a type and location approved by the Fire Chief and City Engineer. D. That the subdivider provide all necessary easements and right-of-way to accommodate all streets, drainage and flood control structures and facilities, sewer systems, water systems, cable television and all other required utilities extending beyond the boundaries of the subdivision. E. That the subdivider shall provide for the subdivision to 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 shall be constructed or laid prior to paving or provisions have been made to ensure said construction. F. That, where a sewer facility is constructed or laid LN/CABlle-085wp (8-14-89) 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. G. That 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 wi thin any half-street abutting a new subdivision, shall be placed underground. The subdivider is responsible for complying with the requirements of this subsection, and 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 subject to the subdivider's obtaining a Design Review Permit. The provisions of this subsection shall not apply to the installation and maintenance of 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. H. That where the City has adopted a flood control element or drainage element of the general plan, all improvements shall conform to such element. 1. That the subdivider comply or agree to comply with all the conditions of approval contained in this resolution approving the tentative tract map and not otherwise provided for in Chapter 24.16. J. That all required improvements conform to City standards unless specifically waived herein. K. That this project is approved specifically as 1 phase. 13. WAIVERS AND EXCEPTIONS: LN/CABlle-085wp (8-14-89) standard conditions to require a street lighting system and road improvements other than as stated within this resolution document are hereby waived due to the rural nature of the surrounding area; the impact that such improvements would create would be detrimental to the rural area and would create an adverse impact upon the subject property and surrounding community. The stated waiver will not be materially detrimental to the public welfare or injurious to other property in the immediate vicinity since the waiver will be consistent with the existing and desired community character of the immediate vicinity. PASSED AND ADOPTED this 24th day of October, 1989, by the following vote, to wit: Ayes: Bagg, Couglar, Shannon, and Fernald Nays: None Absent: Dean Abstain: None ATTEST: ~ l{/.uj~ ~ ~ Patrick S. Murphy Secretary LN/ln/CAB11a-971wp (11-28-88) \:J¿/¿!J/tH:I l~::¿J 'U'ôJ9 2b9 4\:JBb JI:LLEY COMPANY ~\:J\:J{ , I LÈGAL DESCRIPTION I . ORDER NO. 881JJS-NC ATTACHMENT "A" The Northwesterly 113.90 feet ~measured along the Nort ealterly line) of Block or Lot 13 in colony of oiivenhain. in the County of Sa Diego, State of California, according to the Hap thereof "0. 326, file in the Office of the Recorder of laid San Diego~County, together with that ortion of the Easterly Balf of "D" Street as vacated and cloled to public ule adjoining said .Block 13 on the IIest. ^' Excepting therefrom that ~ortioD lying Southwelterly 0 a line delcribed al followl: r Beginninl at the intersection of the center line of "D: Street with the center 1 ne of Third Street 8S shown on the Kap of lai' Colony of Olivenhain: thence along said center line of "D" street, North 15' 0'20" Ealt 313.69 feet to the TRUE POINT or BEGINNING: thence South 28.2 ' East 324.88 feet to a tangent 630.00 foot radius cur.e concave Northeaster y: thence Southeasterly along 18id curve to a point in the center line of said liE" Street, distant thereon Nortb lS.30'OO" East 34.56 feet from laid cent r line of Third street. rj 2f26f88