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)
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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.
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