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1990-45RESOLUTION NO. PC 90-45 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ENCINITAS APPROVING A TENTATIVE SUBDIVISION MAP (90-0?3-TM/EIA) AND NEGATIVE DECLAI~ATION FOR PROPERTY BEING PARCEL i OF PARCEL MAP NO. 15333 CITY OF ENCINITAS, COUNTY OF SAN DIEGO, FILED AUGUST 5, 1988 AS FILE NO. 88-386468 AND AS FURTHER DESCRIBED IN ATTACHMENT (LOCATED AT THE EASTERLY TERMINUS OF ?TH STREET) WHEREAS, Bumann Ridge, Inc., submitted a Tentative Subdivision Map application as required by the City of Encinitas Subdivision Ordinance, for the purpose of subdividing the 5.75 gross acre site into 6 single family residential lots of a minimum of .50 acre each; and WHEREAS, public hearings were conducted by the Olivenhain Community Advisory Board on July 17 and September 18, 990, as required by law, and all persons desiring to be heard were heard; WHEREAS, a public hearing was conducted by the Planning Commission on October 23, 1990, as required by law, and all persons desiring to be heard were heard; and WHEREAS, evidence was submitted and considered to include without limitation: Tentative Subdivision Map dated received by the City of Encinitas on October 16, 1990; Report from Pacific Southwest Biological Services re: Use of a Nuisance Water Treatment Wetland" dated September 7, 1990 and received by the City on September 10, 1990, and 1 blueline sheet prepared by Pasco Engineering delineating such a system on subject project, dated received by the City of Encinitas on October 5, 1990. b. Written information submitted with the application; LN/CAB18-230wp (7/4/90) Ce de Oral testimony from staff, applicant, and public made a part of the record at said public hearing; CAB staff reports (90-073-TM/EIA) dated June 6, and September 11, 1990, and Planning Commission staff report dated October 17, 1990 which are on file in the office of Planning and Community Development; and Additional written documentation. NOW THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Encinitas, that the proposed Tentative Subdivision Map dated received by the City of Encinitas on October 19, 1990 for property being Parcel 1 of Parcel Map No. 15333 City of Encinitas, County of San Diego, filed August 5, 1988 as file no. 88-386468 and as further described in Attachment "A" (Located at the easterly terminus of 7th Street east of Rancho Santa Fe Road), is hereby approved, and that approval is based upon the following findings: Se That the proposed map is consistent with applicable general and specific plans as specified in Section 65451 of the Subdivision Map Act since the project is proposed as Rural Residential development in accordance with the General Plan Map .designation for the property. 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. Ce That the site is physically suitable for that type of development, in that the 6 lots 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. de 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. The project has been designed to incorporate LN/CAB18-230wp (7/4/90) Se he recommendations setforth in the Report from Pacific Southwest Biological Services dated September 7, 1990 and received by the City on September 10, 1990 for the construction of a "Nuisance Water Treatment Wetland" facility in order to support the findings necessary to exceed mid-range density of 5.1 lot by 1 lot for a total of 6 lots; Geotechnical recommendations found on pages 10 through 20 of the "Preliminary Geotechnical Investigation" dated February 13, 1990 and prepared by ICG Incorporated; and mitigation measures as setforth in the Negative Declaration submitted by Keller Environmental and dated received by the City of Encinitas on October 5, 1990. 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 is hereby Certified for the Tentative Subdivision Map (90-073- TM/EIA) dated received by the City of Encinitas on October 19, 1990. 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. 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. That the project is hereby granted allowance to exceed mid-range density of 5.1 dwelling units to a density of 6 dwelling units as shown on the map dated received by the City of Encinitas on October 19, 1990. All environmentally constrained lands are adequately protected since open space area is being provided in accordance with the "Nuisance Water Treatment Wetland" report that is being required on the project to support the finding to exceed mid-range density; the project shows high sensitivity to the neighboring properties and ensures compatibility with land uses and community character since the lots are designed so as to require minimal grading to accomplish an adequate house location that conforms to the natural shape and topography of the LN/CAB18-230wp (7/4/90) lots; the project design significantly exceeds the minimum standards for development since the applicant is providing lots that exceed the minimum lot size, depth and width; and private open space easements are being provided on the steeper portions of lots 3 and 4 as setforth herein; the project provides needed public improvements that are significantly beyond the requirements for the project since the "Nuisance Water Treatment Wetland" will aid in the mitigation of cumulative urban runoff ultimately reaching the San Elijo Lagoon. NOW THEREFORE, BE IT RESOLVED that Tentative Subdivision Map (90-073-TM/EIA) dated received by the City of Encinitas on October 19, 1990, 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 This approval will expire on October 23, 1992, at 5:00 p.m. unless the conditions have been met or an extension has been approved by the Authorized Agency. This approval may be appealed to the authorized agent within 15 days from the date of this approval. 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; Approval of this request shall not waive compliance with any sections of the Zoning Code and all other applicable City Ordinances in effect at the time of Building Permit issuance. A Mitigation Monitoring and Reporting Program (MMRP) shall be required to be reviewed and approved prior to final recordation of the map. The MMRP shall reference the mitigation measures as setforth in the Negative LN/CAB18-230wp (7/4/90) Declaration herein referenced, and the Report from Pacific Southwest Biological Services dated September 7, 1990 and received by the City on September 10, 1990 for the construction of a "Nuisance Water Treatment Wetland" facility, and shall be established and funded by the developer or property owner. A covenant shall be recorded agreeing to submit funds to accomplish the Mitigation Monitoring and Reporting Program prior to issuance of any permits for the project. The amount necessary will be determined by the Directors of the Public Works and Planning and Community Development Departments prior to issuance of said permits. Permits from other agencies will be required as follows: i. Cardiff Sanitation District ii. Olivenhain Municipal Water District iii. County Health Department APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 2. SITE DEVELOPMENT ae 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. Be 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. 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 LN/CAB18-230wp (7/4/90) of Planning and Community Development and the Encinitas Fire Protection District regarding the treatment of the site during the construction phase, and the circulation and parking of construction workers' vehicles and any heavy equipment needed for the construction of the project. Eo Design Review shall be required for lots 3, and 4 for the design of the homes, all fences and walls, landscaping, noise attenuation measures if applicable, grading, and improvements. Fe That the private open space easement be required on a portion of lot 3 and a portion of lot 4 as shown on the blueline drawing received by the City of Encinitas on October 5, 1990. The open space shall be restricted in use so as to prohibit any grading or padding that would alter the natural landform, grazing of large animals, and placement or construction of any structures on said open space other than fencing along lot lines or separating the usable lot area from the open space only, with the exception of allowing fencing to be constructed heading east and west between lots 3 and 4. An orchard may be permitted pursuant to review by City Engineer and the Director of Community Development for any irrigation, drainage structures or land disturbance necessary to accomplish the planting and maintenance of said orchard, so as not to adversely impact the planting required in the nuisance water treatment wetland required herein. Maintenance shall be required of the Water Treatment facility by the property owner of lot 4 to keep it functioning as proposed and approved herein, and a covenant shall be recorded in the office of the County Recorder agreeing to said requirement. Maintenance shall be allowed for the Water Treatment facility pursuant to review and approval by the City Engineer. Sedimentation cleanout shall not be trucked off-site. Consideration shall be taken for any disturbance necessary per Fire Code for fire break clearing, however, any clearing necessary shall be reviewed and approved by the City Engineer, Director of Community Development and the Fire Chief prior to commencment. SIGNS 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 LN/CAB18-230wp (7/4/90) 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. THESE ITEMS MUST BE COMPLETED PRIOR TO FINAL FIRE DEPARTMENT APPROVAL. APPLICANT SHALL CONTACT THE ENCINITAS FIREPROTECTION DISTRICT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: FIRE A. The unobstructed, paved width of a fire access roadway shall be not less than 24 feet. EXCEPTION: A fire access roadway providing access to only one single family dwelling shall be not less than 16 feet in paved width. B. Turnarounds: Ail dead-end fire access roads in excess of 150 feet in length shall be provided with a cul-de-sac or equivalent turning area satisfactory to the Fire Chief. The minimum radius of a cul-de-sac shall not be less than 40 feet. C. 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 Chief. D. Gates: Ail automatic gates across fire access roadways shall be equipped with approved emergency key operated switches 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. Allautomatic gates must meet Fire Department policies deemed necessary by the Chief for rapid reliable access. E. Response Maps: Any development which necessitates, byvirtue of new structures, 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. F. Prior to delivery of combustible building materials on site, water and sewer systems shall satisfactorily pass all required tests and be connected to the public water and sewer systems. In addition, the first lift of asphalt paving shall LN/CAB18-230wp (7/4/90) be in place to provide adequate, permanent access for emergency vehicles. Said access shall be maintained to the satisfaction of the Fire District. G. Ail designated emergency access roads shall be posted pursuant to Fire District Standards. H. Ail 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. I. Submit a letter from the Fire District stating satisfaction with the type and location of fire hydrants and the minimum water flow in gallons per minute together with a letter to the appropriate agency certifying that the fire department's minimum required water flow is available to serve the project. 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 Fire District Standards. L. 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. M. Structures shall be protected by automatic fire sprinkler systems. Sprinkler systems shall be installed to the satisfaction of the Encinitas Fire Protection District. N. Tentative maps filed with the City or District may require as a standard condition annexation to the Fire District Benefit Assessment Area. O. Prior to final recordation, the applicant shall submit a letter 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. APPLICANT SHALL CONTACT THE COMMUNITY SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 5. RECREATION LN/CAB18-230wp (7/4/90) APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: ae 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. Be Ail 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. GRADING A. No grading permits shall be issued for this subdivision prior to recordation of the final map. Bo Ce De Fe The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. 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. No grading shall occur outside the limits of the project unless a letter of permission is obtained from the owners of the affected properties. A separate grading plan shall be submitted and approved and a separate grading permit issued for the borrow or disposal site if located within the city limits. Ail newly created slopes within this project shall be no steeper than 2:1. 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 building permit issuance or at first submittal of a grading plan. LN/CAB18-230wp (7/4/90) 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. DRAINAGE AND FLOOD CONTROL 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. Be 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. 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 as required by the City Engineer. De Concentrated flows across driveways and/or sidewalks shall not be permitted. LN/CAB18-230wp (7/4/90) Ee The drainage system shall be designed to ensure that runoff resulting from a 10-year frequency storm of 6 hours or 24 hours duration under developed conditions, is equal to or less than the runoff from a storm of the same frequency and duration under existing developed conditions. Both 6 hour and 24 hour storm durations shall be analyzed to determine the detention basin capacities necessary to accomplish the desired results. STREETS AND SIDEWALKS ao 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". 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. 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. De 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, improvements shown on the tentative map and the following improvements to City Standards to the satisfaction of the City Engineer: 24 foot wide improved road in a 40 foot graded easement with rolled A.C. curb from the proposed cul-de-sac north to join existing pavement. 2 inch A.C. cap on existing paved road from north property line of Lot 1 to "E" Street. 20 foot wide improved road, with rolled curb, in the existing 30 foot easement from the proposed cul-de- sac south to the south property line. LN/CAB18-230wp (7/4/90) Ee 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. APPLICANT SHALL CONTACT THE APPROPRIATE AGENCY REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: UTILITIES The developer shall comply with all the rules, regulations and design requirements of the respective utility agencies regarding services to the project. The developer shall be responsible for coordination with S.D.G. & E., Pacific Telephone, Cable TV authorities and other appropriate utility providers. Ail proposed utilities within the project shall be installed underground including existing utilities unless exempt by the Municipal Code. De A waiver of the abovementioned requirement C. shall be allowed for that portion within the 7th Street alignment. The all weather surface on the sewer easement on lot 4 shall be allowed to be D.G. 10. PUBLIC WORKS ADDITIONAL CONDITIONS A. Private road off "E" Street shall be named on the map. Bo The sewer that is intended to serve the properties on the west side of the private road shall be run along the road from the intersection of cul-de-sac Street "A" north to the southern property line of Parcel 2 of PM 15333. Sewer service within the existing private road easement shall also be provided to the parcels along the west property line south of the intersection where sewer manhole 3 is located. Ce Joint driveways on property lines, if allowed by design review process, shall be constructed with a cold or sawcut joint on property line. LN/CAB18-230wp (7/4/90) Do Private storm drain on Lot 4 shall be extended to the limit of the flood plain. 11. GENERAL REQUIREMENTS AND APPROVALS ae Final parcel and tract maps shall conform to city standards and procedures and the Subdivision Map Act. De 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 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." Provide compliance with the Uniform Building Code for property line clearances considering use, area and fire resistance of existing buildings. Existing sewage disposal facilities shall be removed, filled and/or capped to comply with appropriate grading practices and the Uniform Plumbing Code. Prior to the building department approving the connection to the buildings to the private sewer or water systems located in the private right of way, the civil engineer responsible for the design and the inspector responsible for the system inspection must certify in writing to the Director of Publoic Works that the sewer and/or water systems were designed and constructed in accordance with the utility district or agency standards for public systems. 12. STANDARD MAP CONDITIONS Code) (Chapter 24.16 of the Municipal This project is approved specifically as 1 (single) phase. LN/CAB18-230wp (7/4/90) 13. WAIVERS AND EXCEPTIONS: 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 23rd following vote, to wit: day of October, 1990, by the Ayes: Commissioners Bagg, Couglar, Dean, and Orr Nays: None Absent: Commissioner Stumpf Abstain: None Lester Bagg, Planning Commission the ATTEST: s a{ric~ ~ ://~hy// ecretary LN/CAB18-230wp (7/4/90)