1989-080 MUP Saxony/SwallowtailRESOLUTION NO. 99-80
A RESOLUTION OF THE CITY COUNCIL
DENYING WITHOUT PREJUDICE A TENTATIVE
SUBDIVISION MAP AND NAJOR USE PERMIT PROPOSING
TO CRF2~TE FOURTEEN RESIDENTIAL LOTS,
ONE OPEN SPACE LOT, TWO LOTS FOR
PRIVATE STREETS, AND ONE LOT FOR PARK
PURPOSES FROM AN EXISTING 42.3 ACRE SITE LOCATED
SOUTH OF LA COSTA AVENUE ~ND EAST OF SAXONY
ROAD AT THE TERMINUS OF SWALLOWTAIL ROAD
AND BELLA VISTA DRIVE
(CASE NO. 88-326 TM/MUP/EIA)
WHEREAS, a Tentative Map to subdivide an existing 42.3 acre
parcel into eighteen lots (one for +/- 27 acres of open space) and
an application for a Major Use Permit to create a Planned
Residential Development (for fourteen residential lots) were filed
by Fargo Industries Corporation; and
WHEREAS, the property is described as follows:
Ail those portions of the north half of the south half of the
southeast quarter of section 34, and of the southwest quarter
of the southwest quarter of the southeast quarter of said
section 34, township 12 south, range 4 west, San Bernardino
meridian, in the County of San Diego, State of California,
according to United States Government survey, approved May 3,
1883, lying easterly of the center line of the County road as
shown on map of the County road survey No. 1317, a plat of
which is on file in the office of the County Surveyor of said
San Diego County.
WHEREAS, Public Hearings were conducted by the Leucadia
Community AdvisoryBoard..on theapplications on March 16 and April
13, 1989; and
WHEREAS, the Community Advisory Board recommended denial of
the application request as an eighteen residential lot subdivision
to the Planning Commission; and
CO/05/CR06-391wp5 (11-8-89\2)
Book #
WHEREAS, the map was revised to a fourteen residential lot
subdivision subsequent to a Planning Commission hearing on June 13,
1989; and
WHEREAS, the City Planning Commission at a public hearing on
July 25, 1989 approved a fourteen residential lot subdivision
having a private "hammerhead" terminus on Swallowtail Road based
on the understanding that the existing north terminus of
Swallowtail Road was consistent with City standards for a public
turn around area; and
WHEREAS, the Planning Commission at a Public Hearing on August
29, 1989 considered a modification to the terminus of Swallowtail
Road to comply with required City standards for a cul-de-sac design
for public turn around pursuant to Sections 23.36.040, 23.36.100
and 24.16.010A of the Municipal Code and the interpretation thereof
(map dated August 18, 1989; sixth submittal); and
WHEREAS, the Planning Commission denied the redesigned map
based on the findings as stipulated in Resolution No. PC 89-28; and
WHEREAS, the City Council at an Administrative Hearing on
October 25, 1989 considered an appeal filed by William G. Whipple
pursuant to the Planning Commission's July 25th approval; and
CO/05/CR06-391wp5 (11-8-89\2)
Book #
WHEREAS, at the Administrative Hearing, the City Council also
considered the map with the modification to Swallowtail Road having
a standard cul-de-sac design; and
WHEREAS, the City Council also
Administrative Hearing on October 25, 1989:
1.
2.
3.
considered at the
The staff report dated October 19, 1989;
Oral testimony submitted at the Administrative hearing;
Written evidence submitted at the Administrative hearing;
and
WHEREAS, the City Council made the following findings pursuant
to Section 66474 of the Subdivision Map Act:
PROJECT FINDINGS PURSUANT TO SECTION
66474 OF THE SUBDIVISION MAP ACT
(a)
The proposed map is inconsistent with the General Plan since
the City Council was not able to determine that the proposed
Map would satisfy the intent of the General Plan in that the
amount of grading required to create building sites will
result in 27 feet of linear distance of slope when measured
from lower natural elevation to proposed pad height (i.e.; Lot
#5) rather than designing building sites to conform to the
natural terrain in conformance with Policy 14.7 of the
Resource Management Element of the General Plan.
(b)
The design of the Subdivision with a cul-de-sac terminating
Swallowtail Road to City standards impacts the amount of
substantially level, natural terrain which may be utilized for
the proposed lots and an excessive amount of grading is
required to support the proposed three residential lot design.
As designed, the lot configurations, building setback
requirements, and excessive amount of grading will tend to
cluster the building sites at the terminus of Swallowtail Road
thereby impacting view resources of neighboring residents
since the view onto the site would be of three structures
within close proximity as opposed to preserving some view
corridors into open horizon. The Council has determined that
the proposed map inadequately addresses the above constraints
CO/05/CR06-391wp5 (11-8-89\2)
Book #
(c)
as required by policies 8.5 and 8.6 of the Land Use Element
of the General Plan and as specified by Sections 30.16.020 A
2 and 14 of the Municipal Zoning Code.
That the Tentative Map, as proposed, is physically unsuitable
for the proposed density of development since the density of
development will increase the need to obtain pad areas
suitable to the Rural Residential 1 designation but in
conflict with Policy 14.1 of the Resource Management Element
of the General Plan.
NOW THEREFORE, BE IT RESOLVED that Tentative Map and Major Use
Permit (88-326 TM/MUP sixth submittal) are hereby denied without
prejudice by the City Council; and
BE IT FURTHER RESOLVED, that the City Council waives
additional processing fees.
PASSED AND ADOPTED this 8th day of November,
following vote, to wit:
1989 by the
AYES:
NAYS: None
ABSENT: None
ABSTAIN: None
Gaines, Hano, Omsted, Shea, Slater
ATTEST:
E. JAN~ POOL, City Clerk
Anne Omsted, Mayor of
the City of Encinitas
CO/05/CR06-391wp5 (11-8-89\2)
Book # J
. Page # ,,~,.,~f