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1995-03 "P".-'""- RESOLUTION NO. PC-,5-G3 , A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF EN CJNlT AS APPROVING A TENTATIVE MAP FOR A SEVENTY-8EVEN LOT SUBDIVISION FOR PROPERTY LOCATED \\'J"l1llM THE ENCINITAS RANCH ' SPECIFIC PLAN AREA (CASE NO.: 94-066 TMIEIA) WHEREAS, a request for consideration of a Master Tentative Subdivision Map for a seventy-six lot subdivision was filed by Carltas Company I O'Day Consultants to allow for the subdivision of 677.9 acres (with a Remainder Parcel of 36.6 acres) which is a portion of property identified as the 852.5 acre Encinitas Ranch Specific Plan Area. WHEREAS, the City required the drainage improvements to the tributary to Encinitas Creek in the Green Valley Planning Area to be identified as a separate lot resulting in. a seventy- seven lot subdivision. WHEREAS, the property is generally located east of Saxony Road, south of La Costa Avenue, west of ElCamino Real, and north of Encinitas Boulevard. WHEREAS, a noticed public hearing was conducted to consider the Tentative Map request on January 31, 1995 before the Levcadia and New Encinitas Community Advisory Boards at a joint meeting where all those desiring to be heard were heard; and WHEREAS, a noticed public hearing was conducted by the Planning Commission on February 16, 1995 and all those desiring to be heard were heard; and WHEREAS, the Planning Commission considered, without limitation: 1. The Agenda Report for the joint Community Advisory Board meeting of January 31, 1995; and 2. The Application (dated received May 6, 1994), the Tentative Map (revised and dated received by the City on November 9, 1994), the Encinitas Ranch Specific Plan, the Environmental Initial Assessment which reviewed the Tentative Map for conformance to the program Environmental Impact Report (SCHI 93121012) for the Encinitas Ranch Specific Plan and Leucadia Boulevard Alignment, and the Encinitas Ranch Development Agreement; and 3. The Agenda Report and oral evidence received from the public, the applicant and City staff at the ppblic hearing conducted on February 16, 1995; and I I , I I i oIIwo/8: ItIHNOIi6.poI(W.9j) 4. Written evidence submitted at the public hearing; and 5. The adopted General Plan, Zoning Code, Subdivision Ordinance and usooiated Land Use Maps; and , WHEREAS, the Planning Commission made the following findings pursuant to Section 66474 of the Subdivision Map Act: SEE BXHIBlT8 A 8 NOW THEREFORE, BE IT RESOLVED that Tentative Subdivision Map No. 94-066 TMIEIA is hereby approved by the Planning Commission subject to the following conditions: SEE BXlßBIT 8B8 BE IT. FURTHER RESOLVED that the Planning Commission, in its indepeø.dent judgment, ,has reviewed the Environmental Initial Assessment and adopts a Negative Declaration based upon the program BIR for the, Eoeinitas Ranch Specific Plan and Leucadia Boulevard Alignment The Commission finds that the proposed project MA Y have significant effects on the environment, but the effects (1) have been adequately analyzed in an earlier program BIR pursuant to California Code of Regulations Title 14, Division 6 (CBQA Guidelines), Sections 15168 (Program BIR) and 15162 (Subsequent EIR); (2) have been addressed by mitigation measures based on the earlier program BIR which are included herein as conditions to the Tentative Map's approval; and/or (3) have been addressed by Findings and a Statement of Overriding Considerations. oðI.wa:I~.poI(No95) . '~~el:' PASSED AND ADOPTED this 16th day of February, 1995by the following vote, to wit: AYES: Lanham, Patton, Rotsheck, Bagg NAYS: None ABSENT: Jacobson ABSTAIN: None H. Chairman of the Planning Commission City of Encinitas A TrEST: ~¿~ SanchaLJIoIob Planning Commission Secretlry ..... """"'(2.8.411) EXHIBIT . A . RESOLUTION PC-95-03 F1ndinp for Approval of a Tentative Map for Subdivision of Property Pursuant to Section 66474 of the State Map Ad (A) That the proposed map is consistent with the General Plan and the Encinitas Ranch Specific Plan. lam: The application proposes 76 lots consistent with the dP$ip for future improvements specified in the Encinitas Ranch Specific Plan. The City required the drainage improvements to the tributary to Encinitas Creek in the Greea Valley Planning Area to be identified as a separate lot resulting in a seventy-seven (l7) lot subdivision. The lots are configured and designed in such a manner as to permit future development which would conform to the development standards specified within the. Encinitas RanclI Specific Plan and access and public utilities are provided. or can be extended, to each proposed lot. J>lseIlBlnn: The project COAfonns to the 0eaera1 Plan and Specific Plan devdopmmt standards since the project proposes 71 lots designed to accommodate futuæ cIeveIopment and preservation of open space areas pursuant to the approved Specific Plan. The project is found to conform to General Plan Policies (as amended pursuant to Resolution 94-29 which amended the General Plan. in accordance with the Encinitas Ranch Specific Plan and Leucadia Boulevard Alignment Design) and as discussed throughout the Environmental Impact Report and within the Agenda Reports prepared during the planning review process of the Specific Plan document. A Development Agreement was approved on September 28, 1994 by Ordinance No. 94-19 and Section 1.2 of the Agreement states that in the event of any cont1ict between the provisions of the Specific Plan and the provisions of the Agreement, the provisions of the Agreement shall prevail. The Tentative Map has been conditioned to be consistent with the Development Agreement and the Specific Plan. Co~ion: Therefore, the Planning Commission finds the Tentative Map is consistent with the General Plan and the ~cinitas Ranch Specific Plan. (B) That the design or improvement of the proposed subdivision is consistent with the General Plan and the Encinitas Ranch Specific' Plan. lacIi: The Tentative Map proposes lot sizes consistent with the standards established by the Encinitas Ranch Zoning Ordinance established by the Specific Plan (Chapter 6.0). Dkeussion: Improvements consistent with the requirements of the Specific Plan and the mitigations of the Environmental Impact Report are required as conditions of this approval consistent with the approved Development Agreement for the Encinitas Ranch. The design of the Tentative Map allows for future c1evelopment and stJ'ucturet to be constructed in súch a way as to accommodate the design of the approved Specific Plan. The Specific Plan was adopted on September 28, 1994 by Ordinance No. 94-07 and was """'I4tItIt4O66.,ol Ø4-95) 'W' found to be consistent with the General PJan. All other design requirements for future development on the proposed lots. caD be áCcômmodated by the design of the Tentative Map. Cone...: Therefore, the Planning Commission finds that the Tentative Map's design is consistent with the General PJan and the Encinitas Ranch Specific PJan. (C) That the site is physically suitable for the type of development. bd.I: The Tentative Map proposes to provide lot sizes that conform to the future development requirements of the Bncinitas Ranch Specific PJan. A Geotechnical Investigation and Green Valley Drainage Study (on file with the Community Development Department) has been prepared by LEIGHTON AND ASSOCIATES. The report concludes that no significant geotechnical conditions are present that would preclude the development of the site in accordance with the provisions established by the Specific PJan. A Hydraulics Analysis for the Channe1Improvements for Encinitas Ranch (on file with the Community Development Department) was prepared by Howard H. Chang, Ph.D. and concluded that the channel design will accommodate a l~year storm event. Additional technical, studies have been prepared and analyzed during the preparation and review of the program BIR. No evidence has been submitted, during. the project review period to indicate that the site is not physically suitable for future development pursuant to the approved Specific PJan. DL~II"on: In addition to the technical studies cited above, the applicant bas submitted "Facility Availability" 1ettersfrom the affected Water and Sewer Districts. The Bncinitas Fire Protection District has reviewed the project and bas required conditions to assure adequate fire protection. The project is designed to satisfy development requirements of the approved Specific PJan and to comply with General PJan Policies. Conclusion: Therefore, the Planning Commission finds that the site is physically suitable to accommodate the future development of the property in accordance with the approved Specific PJan. (D) That the site is physically suitable for the proposed density. bd.I: The Tentative Map proposes 77 lots for the preservation of open space areas and for the future construction of improvements and structures in accordance with the approved Specific PJan. Dkcussism: The density for the. project bas been established by the Encinitas Ranch Specific PJan. Over half of the Specific Plan area will be either preserved as' open space, utilized for the golf course facility, or be preserved for agricultural production. Conclusion: Therefore, the Planning Commission finds that the Tentative Map conforms to the density limitations established by the approved Specific PJan and that the site is physically suitable for the proposed density of development. I ""'a: ItJllI94Ofi6...l(U-95) (E) That the design of the subdivision or thê. proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their, habitat. lKta: A Program Environmental Impact Report (BIR) was completed for the Encinitas Ranch Specific Plan and Leucadia Boulevard Alignment by the City's Environmental Consultant, C. Scott Englehom and Associates. The City's consultant also prepared an Environmental Initial Assessment of the Tentative Map' to determine conformance with the program BIR. The consultant has recommended that a Negative Dec1amtion for the Tentative Map be adopted with the condition that the Mitigation Monitoring and RqJortin¡ Program established by the program EIR be implemented durin. the future construction of the project. DlCi'lInlon: The Program BIR established a Mitiption Monitorin. and Reporting Program which has been included as a condition of the Tentative Map's approval. The applicant redesigned the project in accordance with the -Sensitive Resource Alternative- identified within the program BIR. As required by Condition K of this Resolution, the applicant shall prepare, prior to Final Map approval and! or development, an impacted sensitive vegetátion and sensitive species replacement and/or acquisition plan. The plan will consist of two parts: (1) an overall concept and strategy for the entire development site which shall be completed prior to anyon-site disturbance of identified impacted resources, and (2) particular requirements for individual sectors of the site which shall be completed on a sector by sector basis prior to on-site disturbance of. identified impacted resources in each respective sector. This sensitive vegetation and species replacement andIoracquisition plan may identify a lesser area of impacts than the Environmental Impact Report as refined development plans are assessed since the BIR reviewed a -worse case- scenario. However, the replacement ratios established by Section 4.5.3 of the Final BIR will not change. ~: Therefore, the Planning Commission, in its independent judgmeAt, has reviewed the Environmental Initial Assessment and adopts a Negative DeeJaration based upon the' pro¡ram BIR for the Encinitas Ranch Specific Plan and Leu~dia Boulevard Alignment. The Commission further finds that the proposed project MA Y have significant effects on the environment, but the effects (1) have been adequately analyzed in an earlier program BIR pursuant to California Code of Regulations Title 14, Division 6 (CEQA Guidelines), Sections 15168 (Program BIR) and 15162 (Subsequent BIR); (2) have been addressed by mitigation measures based on the earlier program BIR which are included herein as conditions to the Tentative Map's approval; and/or (3) have been addressed by Findings and a Statement of Overriding Considerations. Therefore, the Commission finds that the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. Condition K of this Resolution requires a Mitigation Monitoring and Reporting Program which includes a RepJacementl Acquisition Plan for Biological. Resources pursuant to City Council Resolution 94-91. ""-'Ia: Iw.M066.pal(24.95) (F) That the design of the subdivision or type of iìnprov~ments is not likely to cause serious public health problems. l.aœ: The applicant has submitted "Facility Availability" letters to indicate that Water and Sewer agencies can provide adequate service and utilities to the project site. The Encinitas Fire Protection District. has reviewed the project and has required conditions to assure adequate fire protection. The Development Agreement for the Encinitas Ranch Specific Plan contains provisions which satisfy the Encinitas Union School District which will provide educational services to future families within the Specific Plan Area. No information has been received to indicate that police, electrical, telephone, or any other services cannot be adequately extended to the site in accordance with the approved Specific Plan development. DIscussion: The Tentative Map proposes to create 77 lots for future development in accordance with the approved Specific Plan and Development Agreement for the Encinitas Ranch. No evidence has been submitted to indicate that a serious public health problem would occur should the site be developed in accordance with the provisions of the Specific Plan. Conclusion: Therefore, the FlaMing Commission finds that the design of the subdivision can be adequately serviced with necessary utilities and that the subdivision will not cause any serious public health problems. (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. Eitm: The Tentative Map indicates that adequate access to each of the proposed 77 lots can be proyided in conformance with City standards. All other known easements for utilities or access are indicated on the Tentative Map. Discussion: The design of the Tentative Map will not conflict with any easements for utilities or roadways. The Tentative Map has been conditioned to require all access and utility easements to be shown on the Final Map in accordance with City standards and the servicing utility's requirements to provide future utility services to the site. ~: Therefore, the Planning Commission finds that the design of the subdivision and future improvements will not conflict with any public easements nor hinder access to, or the use of, property within the proposed subdivision. """"a: WlII94O66.pc1 (2-8-95) EXHIBIT -B- RESOLUTION PC-95-03 Conditions of Approval Enclnlþs Ranch SpecltIc Plan Master Tentative Map . A. : The developer shall contact the Community Development. Department regarding compliance with the following conditions: 1. Approval of the Tentative Map shall be consistent with the terms, conditions, and time frames established pursuant to the Development Agreement approved by the City Council on September 28, 1994 as Ordinance No. 94-19 and reconted by the San Diego County Recorders Office as Document No. 1994-0713677 on December 14, 1994. The Tentative Map shall be valid for a period of 3 years from this date of approval pursuant to Section 66452.6 of the State Map Act. Time extensions may be approved pursuant to the provisions of the State Map Act, the Municipal Code, and the Development Agreement. 2. Approval of the application requests shall not waive compliance with any sections of the Municipal Code and all other applicable City Ordinances in effect at the time of Building Permit issuance unless specifically noted in the Specific PJan, the Development Agreement, or as may be specifically waived herein. 3. Permits from other agencies will be required as follows: (a) The project requires an Army Corps of Engineers 404 Permit for the Wetland Enhancement Program. Said permit shall be maintained in force and effect for the duration of the project. (b) A 1603 Agreement or other authorization from the State Department of Fish &. Game will be required for any streambed alteration of Encinitas Creek. (c) Approval from the California Coastal Commission or adherence to the City's Local Coastal Program shall be required to the satisfactiœ of the Community Development Director. Prior to recordation of the Final Map, a Local Coastal Plan amendment shall be 'approved by the Coastal Commission. The Owner shall be responsible for paying processing costs and application filing fees to the City and Coastal Commission for the LCP amendment. (d) A National Pollutant Discharge Elimination System (NPDES) permit will be required from the State Water Resources Control Board for the proposed nuisance water treatment facilities. (e) Williamson Act cancellations and/or amendments to the Williamson Act contract with the State of California shall be required, as applicable for the project's phased implementation. Prior to recordation of the Fmal Map, the cancellation of the Williamson Act Contracts for the Green Valley. and West Saxony Planning 'Areas shall be required to the extent legally permissible. The oiIfIIOI8: 1~.poI(2.MS) "i" ~T Owner shall process an application for cancellation with the City and pay all applicable processing and fillitg fees. The City will discharge its. responsibilities in a manner consistent with the approved Iand uses contained in, and the timely implementation of, the Specific PIan, to the extent legally permissible (Section 3.1.4.2 of the Development Agreement). Should the Phase One development be delayed due to noncancellation of the applicable Williamson Act Contracts (which is beyond the control of the Owner), the Tentative Map shall either: (A) be revised to be consistent with the Williamson Act Contracts, or (B) be extended to allow for recordation of the map after the expiration date (200 1) of the applicable Williamson Act Contracts pursuant to Section 24.50.130 of the Municipal Code or as may be permitted pursuant to the provisions of the State Map Act. (t) Annexation approval from the Local Agency Formation Commission (LAFCO) and any approvals required from the Encinita$ Sanitary District, the Le~tfia County Water District, the San Dieguito Water District, and the Olivenhain Municipal Water District, shall be required prior to any grading or building permits being issued by the City. Prior to recordation of the Final Map, the Ecke Sphere of Influence (907.8 acres which includes the YMCA/Sports Park facility) shall be annexed to the City of Encinitas. The Owner shall be responsible for processing the application for the annexation and shall pay all applicable filing and processing fees as established by the Local Agency Formation Commission (Section 3.1.1 of the Development Agreement). (h) A Section 7, 100a) or 4(d) Permit shall be required as determined appropriate by the U.S. Fish &. Wildlife Service for impacts to Coastal sage scrub habitat (for the Via Cantebria extension) and the federally listed "threatened" California gnatcatcher. 4. This project has been identified as having a potential impact on fish and/or wildlife. Pursuant to Section 711.4 of the State Fish and Game Code, the applicant paid $875.00 for State Fish &. Game Environmental Filing Fees (Filing No. 940398 on September 6, 1994; ReœiptNo. 35332). The purpose of the above State established fee is to defray the cost of managing and protecting fish and wildlife resources which may be impacted by development. , 5. Street names shall be approved by the City prior to the recordation of a Final Map, and street addresses shall be provided prior to the issuance of Building Permits. 6. A pIan shall be submitted for approval by the Community Development. Director and the Encinitas Fire Protection District regarding the treatment of the site during any construction phase, the circulation and parking of construction workers' vehicles, and the transportation and utilization of any heavy equipment needed for the construction of the project. 7. Biological open space easements and/or lots shall be identified on the Final Map and Site PIan for the Specific PIan Area. The biological open space over steep slopes and their associated vegetation shall be restricted in use so as to prohibit: eIIfftIa: ICWtIMI66.,.I(24.95) (1) any grading or padding that would alter the natural landform except u shown for CircuJation Element roads; (2) grazing of large animals, (3) the removal of any vegetation unless permitted by application to the Fire Marshal and approved by the Community Development Director and the City Engineer, and (4) placement or construction of any structures on said open space other than fencing along Recreation Trail easement or lot lines or separating the lolf course and/or usable residential lot areas from the open space. Recreation Trails are a permitted use within open space lots and/or easements. A Covenant shall be recorded in the office of the County Recorder agreeing to the above condition by current and all future property owners. The wetlands open space shall be designated as a biological open space easement on, the Final Map which shall include any streambed alteration plans for the City's review during Final Map application. Temporary construction easements shall be permitted as approved by the City Engineer within these open spaces for the implementation of utility installation, construction and grading of required roadways, and for the implementation of revegetation programs. 8. All required plantings, and approved irrigation systems shall be in place prior to use or occupancy of new buildings or structures. All required plantings and irrigation systems shall be maintained in good condition, and whenever necessary, shall be replaced with new materials to ensure continued compliance with applicable landscaping, buffering, irrigation and screening requirements as setforth in the Specific Plan document, on file withUle Community Development Department. All irrigation pipes shall be placed underground except as may be needed on a temporary basis to establish revegetation areas required by the Mitigation Monitoring and Reporting Program. All landscaping and associated automatic irrigation systems shall be maintained in a healthy and growing condition and in good repair. The developer shall provide dual distribution facility piping and appurtenances for potable and reclaimed water (or exclusively reclaimed water plumbing, as appropriate) for greenhouse/agricultural operations, the Golf Course, median/parkway landscaping, etc. pursuant to Section 3.2.7(d) of the Development Agreement. 9. The AccesslEgfe$S Easement to Magdalena Ecke Park identified as easement No. 106 on Sheet 17 of the Tentative Map shall be retained on the Final Map and relocated. to afford accessIegress from Quail Gardens Drive to the Magdalena Beke Park site. B. : The developer shall contact the Community Development Department regarding compliance with the following conditions: 1. A Development Agreement for this project has been executed by the Owner and City and was recorded with the San Diego County Recorder as Document No. 1994..()713677 on December 14, 1994. Should the Development Agreement be terminated, pursuant to the provisions of Section 4.6 of the Agreement, the Tentative Map shall also terminate. 8IIIcIIIIIIc IW81M116.po I (2-1-95) 2. The areas zoned" AG" (agricÛltúral) under the Zoning Ordinance of the Specific Plan shaU be devoted solely to agricultural uses including but DOt limited to Owner's existin¡ flower business. It is acknowledged that the golf course is considered an acceptable use under the "AG" zone. A Covenant I'UDßÎßg with the land, binding upon Owner, its Successors and Assigns in perpetuity, sba1l be recorded to indicate that future subdivision maps will determine the location of permanent agricultural operation areas in conformance with the Specific Plan. Future Covenants will be recorded to preserve those agricultural areas in perpetuity pursuant to the Specific Plan. Should agricultural operations continue on the Dramm and Echter property, or a portion of the property, then the subject parcel shall be preserved for agricultural uses provided the residential units allocated to the property shall be allowed to be transferred to the South Mesa Planning Area (Section 3.2.S-C- 7 of the Encinitas Ranch Specific Plan). 3. As . a condition precedent to the issuance of Certificates of Occupancy for' any residential units in excess of an aggregate total of 841 residential units within the Property, Owner shall comply with paragraph (B) of Section 3.2.13.2.1 of the Development Agreement. (Section 3.1.S.2 of the Development Agreement) 4. The following conditions relate to the allocation of Agreement Obligations as required by the Development Agreement (page 16): (a) An Allocation Agreement by and among the several landowners comprising the Owner as established in, the Development Agreement, shall be submitted by Owner to the City within six months after the effective date of the Development Agreement and prior to Final Map recordation. Said Allocation Agreement shall be approved by the City for consistency with the purpose and intent of the Development Agreement, allocating among such landowners the costs of the required land dedications, cost of public improvements, etc. (Section 3.1.6.2 of the Development Agreement). (b) Each of the landowners shall be jointly and severally liable to: (A) œimburse the City for the processing costs described in Section 1.10 of the Development Agreement, (B) reimburse the City for the cost of acquiring the Indian Head Canyon Parcel pursuant to Section 3.2.2 of the Development Agreement, and (C) pay the cost of constructing the deferred northerly portion of Via Cantebria (i.e., the portion of Via Cantebria north of Leucadia Bou!evard) pursuant to Section 3.1.6.2 of the Development Agreement. S. As a condition of approving a Final Subdivision Map, or any future subdivision of all or a portion of the property, the City may require the furnishing of appropriate and reasonable improvement agreements and security pursuant to City Ordinance. and the California GoVernment Code and Section 3.2.16 of the Development Agreement. 6. Before commencing work pursuant to any City-approved permit on the Project, Owner shall obtain the insurance required under Section 3.9 of the Development Agreement and obtain the approval of the City Risk Manager as to form, amount odIwaIa: I 0I1IMOIi6.pc1 (U.95) and carrier, including compensation insurance, public liability and property damage insurance, and casualtY iris1lrânce. 7. Owner shall indemnify and hold hannless City from all litigation expenses pursuant to Section 4.3 of the Development Agreement. FINANCIAL: 8. It is anticipated that the financing for public improvements and the got( course construction will be through Community Facilities District(s) and Revenue Bonds as identified in the Development Agreement, Section 3.2.13. 9. Developer shall pay all applicable development impacts fees including, but not limited to, Park Fees, Traffic Mitigation Fees, and Flood Control Fees. Any fee credits shall be determined pursuant to applicabJe ordinances. Fee credits for Park Fees shall be pursuant to Section 3.3.2.1 of the Development Agreement for portions of the Green Valley Planning Area and Indian Head Canyon with can be used for park purposes. Pursuant to Section 3.3.1 of the Development Agreement, the City reserves the right to ~te new categories of Development. Impact Fees and the right to increase or modify any and all Development Impact Fees (Section 3.3 of the Development Agreement). 10. Owner shall reimburse the City for the cost of acquiring the Indian Head Canyon Parcel in the amount of $1,462,887.39 by the earlier of the following to occur: (A) the date of issuance of Mello Roos Series Three bonds, or (B) June JO, 2001 pursuant to Section 3.2.2.1 of the Development Agreement. Owner's obligation to repnburse to the City shall be a condition precedent to the issuance of any map or permit pertaining to the Project or the Property iJ.Í1G[ the 4eadline for reimbursement specified above. Should a Final Map for any portion of this Tentative Map be recorded after the deadline specified above, the obligation for reimbursement shall be a condition to be met. prior to Final Map approval. Should this map be recorded prior to the deadline specified above, the condition shall be attached to any map or permit pursuant to the Development Agreement (Section 3.2.2.1 of the Development Agreement). C. : The developer shall contact the Engineering Services Division regarding compliance with the following conditions: 1. Prior to dedicating or transferring fee title to any real property to the City under this Tentative Map, Owner shall perform all acts necessary to cause such property to be free from hazardous substances in excess of any applicable regulatory cleanup levels and shall submit evidence satisfactory to the City demonstrating that such real property is free from such hazardous substances (Section 3.2.11 of the Development Agreement). 2. If the City requires the improvement of, or entry upon land neither the City nor Owner has an ownership interest in, for the purpose of constructing or installing street rights-of-way or public utiJities, the Owner shall be required to make a good faith effort to obtain such legal interest in such property through a "'..a: I GtIl94O66 .pcI(2.l.95) -~ negotiated purchase . which may be required to meet a Tentative Map condition. Should the Owner be unsucêéWü1 in obtaining the required ownership interest, the City shall commence proceedings for and consider the use of its eminent domain authority, with all costs of acquisition, including, but not limited to, attorney's fees and court costs, to be borne by Owner (Section 3.2. 15...b of the Development Agreement). 3. The Owner and the City shall jointly determine and agree, consistent with the Development Agreement and the Specific Plan, upon the legal description of any property to be dedicated to the City or for public use pursuant to the Agreement (Section 3.2.14 of the Development Agreement). 4. Pursuant to Section 3.2.15...a of the Development Agreement (page 33), the Owner shall be responsible for the payment of 100" of the cost of construction and installation of public improvements as stipulated in Exhibit -B- of the Agreement. 5. PHASING OF DEVl$ÐP~~OVEMENTS: (a) Phase One development includes 475,000 square feet of Regional Commercial buildings in the Green Valley Planning Area, 400 dwelling uni~ and the golf course. As a condition precedent to the commencement of construction on the property or any po(tion thereof, Owner shall: (A) satisfy all conditions to the recordation of the Final Map, and (B) make all land dedications required by the terms of the Development Agreement, including but not limited to the Golf Course Parcel, the Green Valley Park Parcel and the Performing Arts Theater Pad (Section 3.1.2.1 of the Development Agreement). (b) Phase Two development or any construction exceedinJ Phase One development shall adhere to the following requirement. As a condition precedent to the commencement of construction on the Property or any portion thereof (excluding Phase One development), Owner shall provide the City a Letter of Credit, Completion Bond or other Security or evidence of financing acceptable to the CitY with respect to the cpmpletion of the Phase One Public Improvements (Section 3.1.2.2 of the Development Agreement). (c) The phasing of development shall conform with Section 3.8 and the Schedule of Performance as specified in Exhibit -B- of the Development' Agreement. 6. ROAþ IMPRO~: (a) Traffic and Road Improvements shall conform to Sectiœ 3.2.6 of the Development Agreement and the Roadway Section drawings on sheets 2, 3 and 4 of the approved Tentative Map. Leucadia Boulevard improvements shall conform to the City Council approved alignment design (Resolution No. 94-75) and shall be constructed concurrently with the construction of the Phase One Regional Commercial Center improvements with full width improvements as delineated in the Specific Plan from El Camino Real to Via Cantebria, and at two o4JeaIa: roIlI94CIIi6.fC1{24.95) lanes (but with full grading, slopes, utilities, and landscaping) from Via Cantebria to Sidonia Street with no cóMéCtidn tö the I-S Freeway, pted at Quail Gardeas Drive with access to the golf course and provision for emergency access. Prior to occupancy of any improvements otha- than Phase One of the Regional Commercial Center, 400 residential units, and the golf course, Leucadia Boulevard from Via Cantebria to the I-S Freeway and the I-SlI.eucadiaBoulevard interchange improvements shall have been completed. (b) Concurrently with the construction of the Phase One Regional Commercial Center, Owner shall improve Via Cantebria at four lanes (full improvements) extending it from its existing terminus to an intersection with Garden View Road and then north to the pedestrian crossing. From the pedestrian crossing to Leucadia Boulevard, Via Cantebria shall be improved to two lanes (but with full grading, slopes, utilities, and landscaping). An easement or dedication shall be provided for the roadway accessing the Mobilehome Park from Via Cantebria. If the roadway to the Mobilehome Park is private, a Maintenance Agreement for the road shall be recorded to the satisfaction of the City Engineer. Prior to occupancy of any improvements other than Phase One of the Regional Commercial Center and 400 residential units, Via Cantebria shall be improved at four lanes from Leucadia Boulevard south. The portion of Via Cantebria north of Leucadia Boulevard shall be completed no later than the earlier to occur of: (A) occupancy of any improvements constructed on the property in excess of Phase One of the Regional Commercial Center and 400 residential units; or (B) occupancy of any improvements which may be constructed in the Green Valley Master Plan area in the City of Carlsbad. (c) Other road improvements as identified in Exhibit B of the Development Agreement shall be improved as specified in the Schedule of Pedormance as set forth in Exhibit -E- of the Development Agreement. Said Road Improvements include: (1) Fl Camino Real (2) Garden View Road (3) Quail Gardens Drive (4) Olivenhain Road Improvements (S) Encinitas Boulevard widening at Saxony Road improvements (6) El Camino RealILa Costa intersection improvements (7) Wildlife Bridge construction (8) Woodley Road and Bridge improvements (9) Saxony Road improvements (10) -A - Street (11) Biological Mitigation Program in conjunction with Road Improvements (d) The developer shall construct the, public right-of-way improvements as shown on the Tentative Map. Traffic si¡nals shall be installed as part of the roadway improvements at the following locations: o4It:ftIr. 1. GlII94OI6.pc1.(W-t5) (1) Via Cantebria and Garden View Road (2) Leucadia Boulevard and the Access Road between Via Cantebria and El Camino Real (3) Leucadia . Boulevard and Via Cantebria (4) Leucadia Boulevard and Quail Gardens Drive (5) El Camino Real and Leucadia Boulevard (modify existing facility) (6) El Camino Real and Woodley Avenue (7) El Camino Real and Garden View Road (modify existing facility) 7~ GRADING: (a) No grading permits shall be issued for any newly created residential property within the Specific Plan area prior to recordation of a Pinal Subdivision Map. Phase One grading for the Green Valley Regional Commercial Center shall include the grading of Leucadia Boulevard pursuant to Condition C 6(a) and Section 3.2.6a of the Development Agreement. (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 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. This does not pertain to the off-site road improvements. (e) A separate grading plan shall be submitted and approved and a separate Grading Permit issued for any borrow or disposal sites if located within the city limits. (t) A soilslgeologicallbydraulic report (as applicable) shall be prepared by a qualified engineer licensed by the State of California to perform such work. Said reports, if not already on file with the City, shall be submitted prior to building permit issuance or at first submittal of a grading plan. (g) 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. 8IIIeI8I8: "1194066. pc 1 (2-1-95) 8. DRAINAG.B..AND FLOOD CONTROL: (a) 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 desiltationldetention 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. (b) A drainage system capable of handling and disposing of all surfaœ 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. Drainage being concentrated in the roads must be carried in the road or drainage system to the satisfaction of the City Engineer. (c) As required by Condition B 9 of this Resolution, the developer shall pay the current local drainage area fee prior to approval of the F'mal Map for this project or shall construct drainage systems in conformance with the Master Drainage PJan and City of Encinitas Standards as required by the City Engineer. (d) Concentrated flows across driveways and/or sidewalks shall not be permitted. Any change to the natural drainage or concentration of drainage shall be adequately handled and shall not impact adjacent properties to the satisfaction of the City Engineer. (e) Prior to occupancy of any improvements constructed on the Property after the Effective Date of the Development A~ent, Owner shall construct and pay for the El Camino Real drainage improvements as delineated in the Specific Plan (Section 3.2.7(a) of the Development Agreement) and subject to the satisfaction of the Engineering Services Director, and Community Development Director. Owner shall obtain at the Owner's expense the necessary 404 Army Corps permit ,and 1603 Streambed Alteration State Fish and Game permit 9. SIREETS AND SIDEWALKS: (a) Reciprocal access and/or maintenance agreements shall be provided ensuring access to all parcels over private roads, drives or parking areas and maintenance thereof to the satisfaction of the . City Engineer. (b) The developer shall obtain the City Engineer's approval of the project oMoaWa: 1 OtIl94Cl66.,.1 (2.1-95) improvement plans and enter into a secured agreement with the City for completion of said improvements prior to issuance of any Building Permit within this project. The improvements shall be constructed prior to occupancy of any building on any lot within the project. The improvements are: COnstruction of public right-of-way improvements for the portions of the property in the Green Valley planning area which front onto PJ Camino Real. Raised landscaped medians and a traffic light control system shall be provided onEl Camino Real to the satisfaction of the City Engineer and the Director of Public Works. The developer shall contribute a fair share amount to the satisfaction of the City Engineer for future improvements to Olivenhain Road and other intersections and roadway segments as identified in the Final Environmental Impact Report mitigations. D. lACLIIIES.: The developer shall . contact the COmmunity Services Department regarding compliance with the following conditions: 1. The Tentative Map shall be revised to provide parcel(s) comprising approximately ISO Det acres for the Golf COurse as delineated in the Specific Plan. Net acres shall exclude roads and mitigation areas, but include reservoirs and related areas to the extent they are integrated into the golf play area (Section 2.19 of Development Agreement). 2. The following conditions relate to the implementation of the Golf Course facility: (a) Owner shall, dedicate the Golf COurse Parcel( s) prior to the commencement of construction on the Property or any portion thereof (other than agricultural operations or facilities). COnstruction of the Golf COurse and related improvements shall commence no later than the commencement of construction of Phase One of the Regional Commercial Center. As a condition precedent to the issuance of a Building Permit therefore, Owner shall dedicate and transfer fee title to the Golf Course Parœl(s) to the City. Iflegally permissible and consistent with the bond documents, Owner may, as an alternative to transferring to the City fee title to the Golf COurse Parcel(s) prior to the issuance of any such Building Permit, make an Irrevocable Offer to Dedicate fee title to the Golf Course Parcel(s) prior to the issuance of any such Building Permit, with such offer subject to immediate acceptance by the City upon the completion of the construction of the Golf Course and the Golf Course Public Improvements (Section 3.2 of the Development Agreement). (b) Owner shall commence the construction of the Golf Course and the Golf COurse Public Improvements no later than the commencement of construction of Phase One of the Regional Commercial Center. All work shall be performed in accordance with the Golf Course Scope of Development (Exhibit. A. of the Development Agreement). Said construction plans to be submitted by the Owner and approved by the City. Said dedication and construction to be pursuant to Section 3.2.1.1 of the Development Agreement. oIIereIa: lWlI94Gd6.pol(Wo9S) (c) Prior to the dedication åI1d tràDsfer of the Golf Course Parcel(s) to the City. a reservation' of an easement and/or rights to the existing ponds or reservoirs to be part of the Golf Course playing areaI1and dedicatiœ. The terms of said easement/rights are to be determined between the City and Owner prior to such dedication and transfer. The Owner shall have the ri¡ht to store water in the reservoirs on the Golf Course Parce1(s). and the City aDd Owner shall reasonably share in and allocate the use of the . water so u. to maintain a reasonable reserve at all times. Said easements/rights shall be determined and negotiated pursuant to Section 3.2.1.1 of the Development Agreement. (d) The design of the golfcart and pedestrian undercrossing beneath Leu~ia Boulevard shall be conducted in association with the design of the golf course and its associated facilities. 3. The following condition relates to the implementation of the Preforming Arts Center facility: Prior to the issuance of any Building Permit for Phase One construction, Owner shall make a conditional, Irrevocable Offer to Dedicate to the City fee title of Lot 16 of the Tentative Map for use as permitted under the Specific Plan (to accommodate a 15,000 square foot Performing Arts Theater to be located in the Green Valley Regional Commercial Center), including appurtenant easements first approved in writing by the City addressing such matters as construction, parking. ingress, egress and other matters determined by the City to be necessary. Said dedication shall be pursuant to Section 2.29 and 3.2.4 of the Development Agreement. Such offer to dedicate shall automatically become unconditional and subject to immediate acceptance by the City upon the earlier to occur of the following: (A) issuance of any temporary or permanent Certificate of Oecupancy for any Phase Two commercial area. unless owner has previously conveyed the Performing Arts Theater to a nonprofit entity first approved in writing by the City in accordance with Section 3.2.4 of the Development Agreement; or (B) the date two years following issuance of any temporary or permanent Certificate of Occupancy for any Phase Two commercial area, unless an approximately 15,000 square foot performing arts theater or other cultural facility first approved in writing by the City shall theretofore have been constructed on the Performing Arts Theater Pad (Section 2.29 and 3.2.4 of the Development Agreement). 4. The following conditions relate to the Green Valley Park .dedication and construction requirements: (a) The Owner shall dedicate to the City and Construct the Green Valley Park pursuant to Section 3.2.3 of the Development Agreement. Prior to the commencement of construction of Phase One of the Regional Commercial Center, and as a condition precedent to the issuance of any Building Permit therefore, Owner shall make an Irrevocable Offer to Dedicate fee title to the Green Valley Park Parcel and shall deposit into escrow (pursuant to escrow instructions consistent with the Development Agreement to be agreed upon by Owner. the City and City-approved escrow holder) an executed deed for the Green Valley oI/MIIa: 1Of""-...1(2-1.95) ,~ Park Parcel (unless the City and Owner agree upon a mutually acceptable procedure in lieu of escrow), which shall be delivered to the City upon the completion of construction of the park facility and prior to occupancy of any part of Phase One development (Section 3.2.3 of the Development Agreement). The design of the Green Valley Park improvements shall be approved by the Community Services Department prior to Final Map recordation. 'The Final Map shall show the Green Valley Park Parcel (Lot 39 of the Tentative Map) as an independent lot, separate from the Green Valley dt'ainage course adjacent to EI Camino Real. The developer shall provide the first year of maintenance for the Green Valley Park improvements. Pursuant to Section 3.2.10 of the Development Agreement, the maintenance of the Green Valley Park shall be the responsibility of the City (after the first year) with maintenance funding from the Encinitas Ranch Maintenance District. (b) As a condition precedent to the issuance of any temporary or permanent Certificate of Occupancy for Phase One development of the Regional Commercial Center or any portion thereof, Owner shall àt its sole expense design and construct or cause to be constructed the Green Valley Park facility. Said design and construction of the Green Valley Park shall be to the sati$faction of the Community Services Director and shall require Design Review Permit approval by the Community Advisory Board and the Planning Commission. The design shall be consistent with already established playing fields within the City. The scope of the park improvements shall include a full size 'soccer' field and. ballfield (that do not overlap), restroom facilities, and adequate on-site parking to the satisfaction of the Community Services Director (Section 3.2.3 of the . Development, Agreement). s. The recreation facility development shall follow the Community Services Department standard procedures for park development: (a) Master Plan development, review and approvals by the Community Services Department and the Park and Recreation Commission. (b) Community Services Department shall review and approve of design and construction documents and drawings with said review and approval paid for by the developer. (c) Construction phase and final inspections shall be conducted by the Community Services Department and paid for by the developer. 6. Community Services Department shall . be notified of any changes to original documents and plans as the project proceeds. 7. The following conditions relate to' the dedication and construction requirements for Recreation Trails: (a) Recreation trails, identified on the Tentative Map (and as shown in the Specific Plan) as pedestrian and pedestrianlbicycle trails, shall be dedicated and improved to the standards in effect at the time of Final Map approval or Grading ......, a: UlfIl94CM6.,.1 C2-8-9S) Permit issuance or as may be required in the Specific Plan and Development Agreement to the satisfactiOQ of the COmmunity Services Director and the City Engineer. The pedestrianlbicycle trail along Leucadia Boulevard shall be , included in the interim design for Leucadia Boulevard and sbaJ1 be constructed concurrently with the Leucadia Boulevard extension. The pedestrianlbicycle trail sh311 allow for its users to access from FJ Camino Real to Sidonia Street. (b) Developer shall submit to the City Engineer, for approval prior to Final Map recordation, complete plans and specifications for trail improvements. If grading or other improvement plans are required by the City Engineer, trail improvements shall be incorporated on those plans. (c) Trail improvement plans shall show the specific locations of all utilities within the trail easement, including but not limited to: utility boxes, water meters, back-flow preventers, mailboxes, clean-outs, manholes, drain inlets, sprinklers, and the like. In no case shall any of the above lie within the trail tread (designated travel portion of the trail easement). (d) Trail dedications and improvements shall align and extend so as to connect continuously with existing and proposed trails on adjacent properties. Easements for recreation trails may be dedicated and improved over existin¡ and proposed utility easements only when the joint uses are deemed compatible and acceptable to the City and the affected Utility. Developer shall ,secure, and submit to the City, a letter of agreement from the Utility, for the granting of the trail easement over the Utility's easement. Landscaping and irrigation within trail easements shall confonn to City Park standards. Trails shall be separated from roadways by appropriate landscaped buffer areas unless determined to be unfeasible within specific areas by the City Engineer and Community Development Director. (e) Trail tread (designated travel portion of the trail easement) sbaJ1 have a minimum width of six feet for pedestrian use and a minimum of eight feet for bicycle and joint use (pursuant to Section 6.4.2 of the Specific Plan). Bicycle and joint use trails shall be surfaced with asphalt concrete. Proper crossing, to the satisfaction of the City Engineer, improvements shall be provided where trails cross roads, driveways, drainage structures, and the like. (f) The property owner shall establish a Maintenance Assessment District prior to Final Map approval which will generate the amount of revenue needed to maintain the trails, landscaping and appurtenant improvements to the satisfaction of the Community Services Director. Maintenance and operation of trails and associated landscaping shall be the responsibility of the. City after a one year maintenance period is provided by the developer. (g) When recreation 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. All sales maps that are distributed or made available to the public sbaJ1 include all trails, future and existing schools, parks, streets, and other public facilities. IIIICIIOIa: IC¥89Ia6.,.1 (2-I-9S) (h) A Maintenance Plan f~ riparian and natural areas shall be submitted to the Community Development Dirêctor,. the Community Services Director, and the City Engineer for their review and approval. The maintenance of the Wildlife Corridor Culverts under Leucadia Boulevard shall befiDanœd through the Landscape and Open Space Assessment District. A Maintenance Plan shall be approved prior to Final Map recordation to the satisfaction of the City Engineer, the Community Services Director, and the Community Development Director. B. : The developer shall contact the Community Development Department regarding compliance with the following conditions: 1. Not less than 10~ of the total number of units built in the Specific Plan Area shall be made available at "affordable rent," as defined in Section 50053 of the California Health and Safety Code (or, .with respect to owner-occupied housing, at "affordable housing cost," as defined in Section 50052.5 of the California Health and Safety Code), to "lower income households," as defined in Section S0079.5 of the California Health and Safety Code and "very low income households," as defined in Section SOlOS of the California Health and Safety Code (Section 3.1.S.1 of the Development Agreement). 2. Phase One development (which includes a maximum of 400 residential units) shall be required to provide a minimum of 10 per cent of the units constructed as affordable units. 3. Prior to the recordation of the Final Map, the Owner shall demonstrate, to the satisfaction of the Community Development Director, the timing, location, and type of the affordable units to be provided through the built-out of the Specific Plan. It is anticipated that a total of 84 to 116 affordable units win be constructed within the Specific Plan Area depending on the actual number of total units 'constructed. 4. A Covenant shall be recorded for each affordable housing project constructed guaranteeing the affordability for perpetuity. Modifications to the Covenants may be proposed by the Owner and approved by the City Council at a noticed public hearing. Said Covenant(s) shall be binding upon Owner, its successors and assigns (Section 3.1.5.1 of the Development Agreement). F. : The developer shall contact the Public Works Department regarding compliance with the following conditions: 1. A vehicular, access easement shall be provided and improved to an "all weather condition" (with asphaltic' concrete berms) to the existing WanJœt reservoir site. The access easement and improvements shall be provided to the satisfaction of the Olivenhain Municipal Water District (OMWD) and the San Dieguito Water District (SDWD). 2. Prior to the recordation of a Final Map pertaining to. any part of Phase One of the Regional Commercial Center or any residential units, Owner shall dedicate and transfer fee title to certain real property within the Golf Course Parcel and shall oIIct'OI8: IOfIltØ6.pcIø-&-9S) , pay a proportionate share for the construction of two potable water reservoirs to be located north of Leucadia J3OU1evard (Section 3.2.7(b) of the Development Agreement and Section 4.13.3 of the Final BIR). 3. Prior to the recordation of a Final Map pertaining to any part of Phase One of the Regional Commercial Center or any residential unia, Owner. shall dedicate and transfer fee title to the City for the golf course facilities. Said property shall include an adequate easement to allow for certain real property within the Golf Course area to be utilized for a reclaimed water reservoir to. be located adjacent to the proposed potable water reservoir(s) (Section 3.2.7(c) of the Development Agreement) to the satisfaction of the appropriate Water District and the San Bijo Joint Powers Authority. 4. Concurrently with construction of the Phase One development, Owner shall provide dual distribution facilities piping and appurtenances for potable and reclaimed water (or exclusively reclaimed water plumbing, as appropriate) for greenhouse/agricultural operations, the Golf Course, median/parkway landscaping, etc. (Section 3.2.7(d) of the Development Agreement) to the satisfaction of the appropriate Water District and the San Bijo Joint Powers Authority. s. The plans and specifications for the installation of a water system to serve each lot independently with public water must be approved by OMWD or SDWD. 6. The developer shall install the water system according to OMWD or SDWD standards, and dedicate. to the District that portion of the water system which is to be public water. The developer shall dedicate to OMWD or SDWD all necessary easements for that portion of. the water system which is to be public water. A twenty foot minimum easement will be required. All easements not in public or private streets shall be recorded prior to recordation of the Final Map. 7. The developer shall comply with the City and SDWD standards and policies, and conditions contained in a secured agreement to install the water system concurrent with project need. All secured Agreements require approval by OMWD and SDWD Boards of Directors. 8. Adequate water serviCe shall be committed for this project prior to Final Map recordation of the subdivision and shall be available concurrent with project need. Commitments to provide water service are made by the appropriate District's Board of Directors and are subject to the applicant's compliance with the District's fees, charges, rules, and reguJations. 9. The developer shall apply for and pay the costs for annexing or detaching any portion of land where boundary adjustments to the District is required. All annexations and., detachments from SDWD and OMWD require District Board approvals. 10. Portions of the project will be served . by a water distribution system to be constructed concurrent with development of each Planning Area. Prior to oIIwoIa: 1.~I(W.9S) recordation of a Final Map pertaining to any part of Phase One of the Regional CoJJ:lmercial' Center or any residential units, Improvement. P1ans shall be submitted to the appropriate District for hydraulic analysis and District approval for property within each District's boundary. The cost for the District performed analysis and Plan Check shall be borne by the owner. 11. The San Dieguito Water District's Master Plan has identified two (Projects L-6 & H-I) transmission mains as being needed to serve Phase 1 of the Green Valley Planning Area. There may be the opportunity to postpone or defer project H-l, if a hydraulic analysis shows that upsizing project L-6 will meet initial, flow requirements. In any case, easements for both projects, and the costs for all needed projects, shall be provided by the owner. 12. SDWD's Water Master Plan indicates that two underground potable water reservoirs and a potable water pump station are needed north of Levcadia Boulevard within the golf course area (Section 3.2.7b of the Development Agreement). The developer shall coordina~ with the District's Engineer to establish all site development requirements of these facilities including: property size and location, elevation, access, associated piping and maintenance facilities, easements, interactions with adjacent developments including golf facilities, etc. Depending on the final size and configuration of these facilities (as determined by the District), an area of between 4 and 5 acres is expected to be needed. The two reservoirs may potentially be located on one combined site, or two separate sites depending upon the coordination of the District needs with the Developer's site development desires. 13. On sheet.4 of the Tentative Map,the plans indicate that the District's easements will be flaltered.. Owner may at owner's sole cost and expense relocate the existing pipe' facilities providing the facilities as relocated will perform the same function as presently exists. Should any relocation be, outside the limits of existing easements, the owner shall grant to SDWD or OMWD an easement for the facilities. 14. The developer will accommodate the construction of one potable water reservoir during the golf course site development. 15. The proposed boundary adjustment between SDWD and Olivenhain Municipal Water District shall be shown on the Final Map. G. : The developer shall contact the appropriate Sanitary District regarding compliance with the following condition: A flow analysis, consistent with the requirements of the l.eucadia County Water District and the Encinitas Sanitary District, shall be completed by Owna- at its sòle expense prior to the earlier of (A) the submission to the City of precise plans or (B) the effectiveness of individual entitlements for the Specific Plan Area. Owner shall pay its proportionate share of the cost of any infrastructure (Section 3.2..7(e) of the Development Agreement and Section 4.13.3 of the Final EIR). ocIIeIW&: I w.94OI56 .pc1(2.l-95) H. DEVELOPER SHALL CONTACT THE APPROPRIATE AGENCY REGARDING COMPLIANCE WITH THE FOLLOWING CONDmONS: 1. ,The developer shall comply with all the rules, regulations and design requirements of the respective' utility agencies regarding services to the project. 2. The developer shall be responsible for coordination with S.D.G. &. Eo, Pacific Telephone, Cable TV and all other affected utilities. 3. All proposed utilities within the project shall be installed underground including existing utilities unless exempt by the Municipal Code. 4. The developer shall be responsible for. the relocation and undergrounding of existing public utilities, as required. 5. Non-publicly maintained sewers located under private streets or easements shall be designed and installed pursuant to public utility standards and final certification by a registered civil engineer must be submitted. 6. The subdivider shall install or agree to install a public sewer system within the development site to serve each parcel and shall obtain the approval of the appropriate District of plans and specifications for the inst311ation of such. public sewer system before Final Map recordation. 7. All sewage generated within this subdivision shall be capable of gravity flow to the public sewer system. 8. All newly created public sewer easements outside of maintained roadways but within this subdivision shall be graded and surfaced in accordance with district policies and. specifications. i I. : The developer shall contact the Encinitas Fire Protection District regarding compliance with the following conditions: 1. Prior to the issuance of a Building P~t for any portion of Phase One of the Regional Commercial Center or any residential units, Owner shall pay to City, in lieu of payment of fire impact fees: (A) $775,000 to cover the cost of relocating fire service facilities; and (B) an amount reasonably determined by the City (Fire Chief) to be equal to the cost to the City of any temporary fire services deemed by the City to be necessary (Section 3.2.8 of the Development Agreement). 2. The unobstructed paved width of a fire access roadway sba1l be not less than 24 feet. EXCEPTION: A fire access roadway providing access to only one single family dwelling or a one-way section of roadway shall be not less than 16 feet in paved width. o4hwoIa: 1 cti 1fMO66.,.1 (2-8-95) 3. TurnaroUnds: All dead--end fire access roads in excess of 150 feet in leagd1 shall be provided with a cul-de-sac or equivalent turning area satisfactory to the Fiæ Chief. The minimum radius of a cul-de-sac shall not be less than 40 feet. Where topography would prevent the construction of a cul-de-sac, an alternative turn- around approved by the Fire Chief may be installed. 4. Prior to delivery of combustible building materials on site, water systems shall satisfactorily pass all required tests and be connected to the public water system. 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 District. 5. All designated emergency access roads shall be posted pursuant to Fiæ District Standards. 6. 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 District requirements. 7. The Fire District shall be satisfied with the type and location of fire hydrants and the minimum water flow in, gallons per minute. A letter from the appropriate agency certifying that the fire department's minimum required water flow is available to serve the project shall be submitted to the District. Provisions shall be made to ensure a maximum water pressure at the hydrant of 250 psi. The installation of a pressure reducing station may be required. Fire hydrants shall be of a bronze type and shall be identified by installing a -blue- reflective dot on the street surface pursuant to Fiæ District Standards. 8. 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. Permanent address numbers shall be displayed on this monument. 9. Sprinkler systems, as required per City Ordinance, shall' be installed to the' satisfaction of the Encinitas Fiæ Protection District. 10. Prior to Final Map recordation, the developer shall submit a letter to the Community Development Department from the Fire District stating that all development impact, plan check and/or cost recovery fees have been paid or secured to the satisfaction of the District. 11. Prior to Final Map recordation, the developer shall submit a letter to the Community Development Department from the Fire District stating that a plan has been approved by the District for required firelfuel breaD that will' be implemented during project grading. 12. Gates: All automatic gates (if proposed) across fire access roadways (if applicable) shall be equipped with approved emergency key operated switches 8IIIwaia: 1OI1IMOI6.,., (24-95) overriding all command functions and opening the gate. Gates accessing more than three residences or residential lots shall also be equipped with approved emergency traffic control activating strobe sensor(s), which will activate the gate on the approach of emergency apparatus. All automatic gates must meet Fire District policies deemed necessary by the Chief for rapid reliable access. 13. Response Maps: Any development which, by virtue of new structures, necessitates fire hydrants, roadways or similar. features, shall be required to provide map updates in a format compatible with current department mapping services, and shall be charged a reasonable' fee for updating all response maps. 14. Grade: The gradient for a fire apparatus access roadway shall not exceed 20~. The angle of departure and approach shall not exceed the maximum approved by the Encinitas Fire Protection District. J. SœOO~OVlSIOtiS: The developer shall contact the appropriate School District regarding compliance with the following conditions: 1. Owner shall comply with requirements of the Encinitas Union School District as identified in Section 3.2. 12(a) and Exhibit G of the Development Agreement. 2. Owner shall establish a Community Facilities District reasonably acceptable to the San Dieguito Unified High School District to pay a proportionate mitigation fee in lieu of State statutory fees (Section 3.2. 12(b) of the Development Agreement and Section 4.13.3 of the Final EIR). K. : The developer shall make provisions acceptable to the appropriate City Department or Utility/Service Districts to asswe the funding and implementation of the Mitigation Monitoring and Reporting Program established within Chapter 7 of the Final EIR for the Encinitas Ranch Specific Plan. The Specific Plan hu been revised to incorporate the 8Reduced Effects on Sensitive Resources8 and the 8Different Leucadia Boulevard Alignment- alternatives from the EIR as the project design. The Mitigation Monitoring and Reporting Program (MMRP) as contained within the Final Environmental Impact Report (Chaptér 7) for the project as Certified by the City Council onIune 25, 1994 shall be implemented. The followin¡ table shall be used as a Guideline to implement the Mitigation Monitoring and Reporting Program. A Covenant shall be recorded, prior to Final Map approval, to the. satisfaction of the Community Development DiIector agreeing to comply with the mitigations and to submit funds to accomplish the Mitigation Monitoring and Reporting Program prior to. issuance of any permits for the project. The amount of funds necessary to implement the program will be determined by the Community Development Director and the City Engineer prior to issuance of said permits. Failure to implement the Mitigation Monitoring and Reporting Program will be cause for revocation of this approval. The Owner shall prepare, prior to Final Map approval and/or development, an Impacted Sensitive Vegetation and Sensitive Species Replacement and/or Acquisition Plan. The plan will consist of two parts: (1) an overall concept and strategy for the entire development site which shall be completed prior to anyon-site disturbance of identified impacted resources, and (2) particular requirements for individual sectors of the site which' shall be completed on a sector by sector basis prior to on-site disturbance of. identified , 041«01 fII, 10/1194066 .po1(24.95) impacted . resources in each respective sector. This Sensitivê Vegetation and Species Replacement and/or Acquisition Plan may identify a lesser area of impacts than the Environmental Impact Report as refined development plans are assessed' since the EIR reviewed a .worse case' scenario. 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