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2001-973501 RE-RECORDEO Rc~ord~ng Requested By: and When Recorded Mail To: 2001-0973501 DOE 2001-0973501 DEC 51, 2OO1 1=24 PM OFFICI~ REOOR~ 8~N ])IEGO OBJNTY REOORDER'S OFFICE 61~B]RY J. SMITH, {]OUNTY RECORDER FEES: City Clerk City of Encinitas 505 S. Vulcan Avenue Encinitas, CA 92024 SPACE ABOVE FOR RECORDER'S USE INDEX AS ,,RE-RECORDATION OF CERTIFICATE OF COMPLIANCE RE-RECORDATION OF CERTIFICATE OF COMPLIANCE (Section 66499.35 of the Government Code) THIS DOCUMENT IS BEING RE-RECORDED TO INCLUDE A COMPLETED EXHIBIT "B" ATTACHMENT, WHICH WAS INADVERTENTLY OMITTED IN THE ORIGINAL DOCUMENT ATTACHED HERETO. Re-Recordation of Certificate of Compliance Originally RECORDED March 29, 2001 as DOCUMENT NO. 2001---0185480 REcoRDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk City of Encinitas 505 S. Vulcan Avenue Encinitas, CA 92924 6.18885 8715 DOE 2001-0185480 MAR 29, 2001 12:45 OFFICIAl. REOSRlll I)IEItl [IilKTY REll]RI)ER'S OFFICE J. 8MIllt, [IIlNTY RE[I]RI)ER FEES: 30.00 SPACE FOR RECORDER'S USE ONLY IN COMPLIANCE: CERTIFICATE OF COMPLIANCE (Section 66499.35 of the Government Code) NOT APPROVED FOR DEVELOPMENT The Director of Community Development of the City of Encinitas has determined that the parcel of real property described below has been given a "parcel map waiver" for the purposes of achieving the conversion of an existing attached two-family residence structure in an R-5 zoning district into two condominium units in compliance with the Subdivision Map Act and with Section 214.60.050 of the City of Encinitas Municipal Code enacted pursuant to the Act. The condominium units described herein may be sold, leased, or financed without further compliance with the Subdivision Map Act or any local ordinance enacted pursuant to the Act. Additional development of the parcel may require issuance of a permit or permits, or other grant or grants of approval. It has been determined that the subject property is consistent with approved 00-060 TPM/CDP, which is a conversion of a two-family attached residence to condominium use. The approved conversion occurs within the established 12,108 square foot lot. This is in compliance with Section 214.60.050 of the Encinitas Municipal Code which allows a parcel map waiver to be applied to condominium conversions when no new lots are proposed and no structural modifications or additions to the building are proposed. This project is a common interest subdivision consisting of a two-unit condominium plan pursuant to Section 1351 of the California Civil Code. Owner: Description: Plat Map: Joe A. Zummo (See Exhibit "A", Attached) (See Exhibit "B", Attached) NOTE: The description in Exhibit "A" and plat map in Exhibit "B", attached, have been provided by the owner of the property, and neither the City of Encinitas nor any of its officers or employees assume responsibility for the accuracy of said description & plat map. This Certificate of Compliance shall in no way affect the requirements of any City, County, State, Federal or local agency that regulates development of real property. Case No: 00-060 TPM/CDP; (See Notice of Decision DCD 2000-80 on file in the Community Development Department) Assessor's Parcel Number: 258-231-51. Date: January 4, 2001 Bii~e~dmln, City F:\00-060 Zummo\000-60 CofC.doc LEGAL DESCRIPTION EXHIBIT "A" 8716 THAT PORTION OF LOT 11 IN BLOCK "K" OF ENCINITAS HIGHLANDS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2141, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 4, 1928, LYING NORTH OF A LINE THAT IS PARALLEL WITH AND DISTANCE 58.00 FEET NORTHERLY MEASURED AT RIGHT ANGLES FROM THE SOUTH LINE OF SAID LOT. Said property shall be a Common Interest Development ("Project") pursuant to califomia Civil Code Section 1351(c) (2) and as more fully defined in Civil Code Section 1351 (f). F:\O0-060 Zummo\O00-60 CofC.doc EXHIBIT "B" F:\O0-060 Zummo\O00-60 CofC.doc CONDOMINIUM, IN THE Q1Y OF ENCINITA.G. COUNTY OF ~AN DIEGO, ~TATE OF C, ALIFCIRNIA INDEX SHEET NO. COVER SHEETS ~ & 2 PROCEDURE OF SURVEY 3 HORIZONTAL CONTROL PLAN 4 VERTICAL CONTROL PLAN 5 LEGAL DESCRIPTION THAT PORTION OF LOT tl IN BLOCK K OF ENCINITAS HIGHLANDS, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2~4~, FILEO IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 4, ~928, LYING NORTH OF A LINE THAT IS PARALLEL WITH ANO OISTANCE 58.00 FEET NORTHERLY, MEASUREO AT RIGHT ANGLES FROM THE SOUTH LINE OF SAIO LOT. SURVEYOR' S STATEMENT: I HEREBY STATE THAT I AM A LICENSED LAND SURVEYOR OF THE STATE OF CALIFORNIA AND THAT THIS PLAN CONSISTING OF 3 SHEETS CORRECTLY SHOWS THE BOUNDARIES OF THE LAND AND RELATION THERETO THE UNITS REFERREO TO HEREIN; THAT ALL BUILDINGS ANO ALL UNITS ARE SHOWN ANO CONFORM WITH SAID CONDMINUM i PLAN. ! _VI¢IN_ _l'l Y' MA?  WAYNE/A. PASCO ~~J~...- I! RCE 29577 ~ ~ DATE 1 b1~8~9 7'05 C.,OP, NI~H DI~ & 115 P,E. GU~ PP, IVE CONPOMINIUM~ IN THE ~ OF ENONITA.G.C.4XINTY OF SAN DIEGO, BTATE OF ~d.JFORNIA LEGEND INDICATES BOUNDARY OF THIS CONDOMINIUM PLAN INOICATES VERTICAL AIRSPACE BOUNOARY PLANE OF UNIT INDICATES MAINTENANCE ACCESS EASEMENT INDICATES UNIT AND NUMBER INDICATES MAINTENANCE ACCESS EASEMENT INDICATES 3/4" PIPE PER R.O.S. BASIS OF BEARINGS THE BASIS OF BEARINGS FOR THIS PLAN IS THE EASTERLY LINE OF THE SUBJECT PROPERTY PER MAP 2t4t. FILEO IN THE OFFICE OF THE COUNTY RECOROER OF SAN DIEGO COUNTY. DECEMBER 4. t928. GENERAL NOTE THIS CONDOMINIUM PLAN INTENTIONALLY OMITS DETAILED INFORMATION WITHIN INDIVIDUAL UNITS OF THE FOLLWING ( IF ANY ) : BUILDINGS, DRIVEWAYS. WALKWAYS, WALLS AND OTHER SUCH FEATURES. BENCHMARK 3/4' IRON PIPE W/CAP 'LS 4306' SOUTHWEST CORNER OF PROJECT ELEVATION = t55.0 DATUM ASSUMED BASED ON CONTOUR LINE FROM COUNTY 200 SCALE TOPO AT THE 2 705 CORNISH CONDOMINIUM,G F'ROCEDURE OF 5UR:VEY SO0'30'O0"E 73.98' NOTE: RECORD OF SURVEY NO. t6744 FZLED t0-t3-2000 FOR THZS PROdECT SEE SAZD ROS ~6744 FOR SPECZFZC AND DETAZLED PROCEDURE. S00'03'25"E 64. i6' & 115 I~QU~ t"- 30' ~C/~E LINE DELTA RADIUS ARC C! 116'55'00" 20.00' 40.81' C2 3'47'46" tt6.51' 7.72' C3 22'15'46" 323.72' 125,78' 3 705 COI~IISH OF, lYE & 11D 1~5~UEZ.~ ,~~ CONDOMINIUM,~ HOF, IZONT^L CONTF, OL FI.AN 8' WIDE MAINTENANCE EASEMENT IN FAVOR OF UNIT2. 8' WIDE MAINTENANCE EASEMENT IN FAVOR OF UNIT1. SOO '30' O0 "E 73.98' 155.0 INDICATES ELEVATION AT TOP OF PIPES LINE BEARING DISTANCE L! SO0'30'O0"E 2~.33' L2 S89'30'00"W 8.00' L3 NOO'30'OO"W 2~,4~' L4 N89'55'39"W 8.00' LSi NOO'30'OO"W 23.96' L6 N89'30'OO'E: 8,00' L7i $00'30'00"E 26.33' U-1 L! L3 / U-2 Delta=! 28'36' R=323.72 A=8.34 S00'03'25"E 64. t6' 4 700 CORNISH DRIVE & 11D REQUE~TI~EET CONDOMINIUM9 VERT1C^L CONTROL FLAN ( NOT TO SCALE ) CORNISH ~ PROJECT BONDARY HZ Z~ ~Z HC oz CONDONINIUN UNIT BOUNDARY ~H H PROJECT BONDARY EAST UNE OF F~ OF LO'I' 11 Ii C..HANGES ~?~ EXHIBIT "B" ~£qUEZA) ST. ~ RECORDED REQUEST OF First American Title SUBDIVISION MAPPING DEPT. FEB ll · 2002 2: is. Pi"'l Recording Requested By: City of Encinitas When Recorded Mail To: City Clerk City of Encinitas 505 S. Vulcan Avenue Encinitas, CA 92024 0111: 8 2002-0117931 SPACE ABOVE FOR RECORDER'S USE COVENANT REGARDING REAL PROPERTY: TENTATIVE MAP, DESIGN REVIEW AND COASTAL DEVELOPMENT PERMIT Assessor's Parcel No: 254-614-01 & -02 -/]~' Project No.: 00-094 TM/DR/CDP K. Hovnanian Companies of Califomia, Inc. ("OWNER" hereinafter) is the owner of real property which is known as property consisting of a portion of the South Mesa Planning Area (8,000's) of the Encinitas Ranch Specific Plan lying generally south of Leucadia Boulevard, east of Quail Gardens Drive, west of Via Cantebria and Garden View Road, and north of the existing Sandalwood and Pacific Serena Subdivisions ("PROPERTY" hereinafter) and which is described as follows: Being a Subdivision of Lots 1, 2 and 8 of City of Encinitas Tract No. 99-137 in the City of Encinitas, County of San Diego, State of California, according to the Map thereof No. 13998, filed in the Office of the County Recorder of San Diego County July 11, 2000; B. In consideration of the approval of Tentative Map, Design Review Permit and Coastal Development Permit No. 00-094 TM/DR/CDP by the City of Encinitas ("CITY" hereinafter), OWNER hereby covenants and agrees for the benefit of CITY, to comply with the terms and conditions of this permit, in addition to the terms and conditions of this permit, as follows: g/cov/00094.cov5/01/01 ) 011129 Property is subject to an easement permitting golf balls from the Encinitas Ranch Golf Course (the "Golf Course") to enter and land on the Property. Under no circumstances shall the owner or operator of the Encinitas Ranch Golf Course, including but not limited to the City of Encinitas, its officers, agents and employees; lessees or contractors (including management companies), as well as their respective successors or assigns be held liable for any damages or injury resulting from nor be enjoined from operating the Golf Course, any hole or any facility thereon as a result of golf balls on this easement. The property owner relinquishes any right to enjoin the operations of the Golf Course, any hole and any facility thereon, or asserts claims against, and expressly agrees to indemnify and hold harmless, the City of Encinitas, its officers, employees, agents lessees, contractors (including management companies), as well as their respective successors and assigns, with respect to any and all claims, causes of action, losses, damages, costs and expenses (including without limitation, reasonable attorneys' fees) of whatever nature, now existing or hereafter arising out of or related to any damage to property or the injury or death of any person that occurs as a result of golf balls traveling over or across, or landing on or near, any property or improvements within the South Mesa Subdivision known as TM 00- 094, including without limitation, the Property. The property owner hereby agrees that any and all requirements of the laws of the State of California required to be satisfied in order for the provisions of this paragraph to constitute a restrictive covenant running with the land shall be deemed satisfied in full, and that any requirements of privity of estate are intended to be satisfied, or in the alternative, that an equitable servitude has been created to ensure that the restrictions contained in this paragraph run with the land conveyed by the deed recorded on the property in the name of owner. Every contract, deed or other instrument hereafter conveying the Property, or any part of or interest in the Property, shall expressly provide that such conveyance is subject to the restrictions of the preceding paragraph - provided, however, that the preceding paragraph shall survive and be effective as to successors and/or assigns of all or any portion of or interest in the Property, regardless of whether the conveying contract, deed or other instrument provides that such conveyance is so subject. The installationof entry gates is prohibited on any of the subdivision's streets. The owner agrees and understands that the property is located with an easement on, adjacent to, or near the subject property for the purpose of allowing recreation traffic. See Attachment A, Resolution No. 2001-02, which is attached hereto and made a part hereof. g/cov/00094.cov5/01/01) 2 011130 C. This Covenant shall run with the land and be binding upon and inure to the benefit of the future owners, encumbrances, successors, heirs, personal representatives, transferees and assigns of the respective parties. D. OWNER agrees that OWNER's duties and obligations under this Covenant are a lien upon the PROPERTY. Upon notice and opportunity to respond, CITY may add to the property tax bill of the PROPERTY any past due financial obligation owing to CITY by way of this Covenant' E. If either party is required to incur costs to enforce the provisions of this Covenant, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorneys' fees, from the other party. F. Failure of OWNER to comply with the terms of this Covenant shall constitute consent to the filing by CITY of a Notice of Violation of Covenant. G. Upon OWNER's satisfaction of OWNER's duties and obligations contained herein, OWNER may request and CITY shall execute a Satisfaction of Covenant. H. By action of the City Council, CITY may assign to a person or persons impacted by the performance of this Covenant, the right to enforce this Covenant against OWNER. ACCEPTED AND AGREED OWNER Dated ~* ~o. o~ by ~'~~ (Notarization of OWNER signature is attached.) CITY OF ENCINITAS Bill Weedman (Notarization not required) City Planner g/cov/OOO94.cov5/O 1/01 ) 3 .;ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of ~,~/-- //~/2,~/,J/~ County of ~._~ X/ b/~ ~ ~ On ~/~/~/ before me, ~~ ~., ~~, ~/~ ~' ~ , Date ~ Name and ~tle of ~i~r (e,g,, ~Jane Doe, Not~ Public") personally appeared ,~~ ~ - ~d~ /~ / ~ ~ 5 , Name(s) of Signer(s) ersonally to me - - ~ proved to me on the basis of satisfacto~ evidence to be the person(s) known OR whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capaci~(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and off. icial seal. / Sitature~of Notary P~blic ' OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: ~"'//~D/4) t Number of Pages: d,~. Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ,~g~/zz'- ~- cq~,,,~,,n/x JCi,5 [] Individual ~ Corporate Officer Title(s): //./P, [] Partner-- [] Limited [] General [] Attorney-in-Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is Representing: Signer's Name: I-] Individual r-] Corporate Officer Title(s): [] Partner-- [] Limited [] General I-] Attorney-in-Fact r-] Trustee I-] Guardian or Conservator I-] Other: Signer Is Representing: Top of thumb here © 1994 National Notary Association · 8236 Remmet Ave., P.O. Box 7184 · Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 011182 ATTACHMENT A RESOLUTION NO. PC 2001-02 A RESOLUTION OF THE CITY OF ENCINITAS PLANNING COMMISSION APPROVING A TENTATIVE MAP, DESIGN REVIEW PERMIT AND COASTAL DEVELOPMENT PERMIT FOR A 109 LOT SUBDIVISION (COMPRISED OF 103 RESIDENTIAL LOTS, FIVE PRIVATE STREET LOTS, AND ONE COMMON AREA LOT) OF APPROXIMATELY 31.187 ACRES TO INCLUDE THE CONSTRUCTION OF 103 SINGLE FAMILY RESIDENCES, GRADING, LANDSCAPING, OFF-SITE ACCESS STREET IMPROVEMENTS, FOUR-UNIT MODEL HOME COMPLEX, AND TEMPORARY SALES AND CONSTRUCTION TRAILERS FOR A PORTION OF THE PROPERTY (8,000 SQUARE FOOT MINIMUM LOT SIZE) LOCATED WITHIN THE SOUTH MESA PLANNING AREA OF THE ENCINITAS RANCH SPECIFIC PLAN (CASE NO. 00-094 TM/DR/CDp; APN: 254-614-01 & -02) WHEREAS, a request for consideration of a Tentative Map, Design Review Permit and Coastal Development Permit was filed by K. Hovananian of California to allow a 109 lot subdivision of approximately 31.187 acres comprised of 103 single family residential lots, five private street lots and one common area lot and associated improvements and to allow the construction of 103 single family residences, associated grading, landscaping, off- site access street improvements, four-unit model home complex, and temporary sales and construction trailers, in accordance with Title 24 (Subdivisions), Chapter 23.08 (Design Review), and Chapter 30.80 (Coastal Development Permits) of the Eneinitas Municipal Code, for the property located in the ER-SFR3V zone of the Encinitas Ranch Specific Plan, legally described as: Lots 1, 2 & 8 of the City of Encinitas Tract No. 99-137, South Mesa, in the City of Encinitas, County of San Diego, State of California, according to the Map thereof No. 13998, filed in the Office of the County Recorder of San Diego County, July 11, 2000. WHEREAS, the Planning Commission conducted a noticed public hearing on the application on January 25, 2001, at which time all those desiring to be heard were heard; and WHEREAS, the Planning Commission considered, without limitation: The January 25, 2001 agenda report to the Planning Commission with attachmentg The General Plan, Local Coastal Program, Municipal Code, Encinitas Ranch Specific Plan, and associated Land Use Maps; cd/MRH/RPC00094TMDRCDP(1/25/01) I 3. Oral evidence submitted at the heating; 4. Written evidence submitted at the heating; Fifteen Colors/Materials Boards, Colored Elevations, and Model Homes, Construction Trailer, Temporary Sales Trailer and Parking Plan consisting of one (1) sheet, including Site Plan and Project Key Map, dated received by the City on January 16, 2001; Project drawings consisting of seventy five (75) sheets total, including two (2) colored sheets showing the Design Review Floor Plan/Elevation Plotting of the individual lots, three (3) sheets showing the Tentative Map, six (6) sheets showing the Design Review Permit Site Plan, four (4) sheets showing the Landscape Concept Plan and Fencing Plan, all dated received by the City of Encinitas on January 16, 2001, and sixty (60) sheets showing proposed Floor Plans and Elevations of the nine floor plan types, dated received by the City of Encinitas on January 17, 2001. WHEREAS, the Planning Commission made the following findings pursuant to Title 24 (Subdivisions), Chapter 23.08 (Design Review), and Chapter 30.80 (Coastal Development Permits) of the Encinitas Municipal Code: (SEE ATTACHMENT "A") NOW, THEREFORE, BE IT RESOLVED that the Planning COmmission of the City of Encinitas hereby approves application 00-094 TM/DR/CDP subject to the following conditions: (SEE ATTACHMENT "B") BE IT FURTHER RESOLVED that the Planning Commission, in its independent judgment, has reviewed the Environmental Initial Study prepared for the project and hereby agrees with the City of Encinitas' staff determinationthat though the proposed project could have significant effects on the environment, there will not be significant adverse environmental effects in this case because all effects: 1.) have been adequately analyzed in an earlier Program EIR for the Encinitas Ranch Specific Plan and the subsequent Mitigated Negative Declaration for the South Mesa Master Tentative Map pursuant to all applicable legal standards; 2.) have been avoided or mitigated pursuant to the earlier documents; and/or 3.) have been addressed by Findings and a Statement of Overriding Considerations pursuant to those earlier documents. No further environmental studies or public review is necessary in accordance with the provisions of the California Environmental Quality Act (CEQA). cd/MRH/RPC00094TMDRCDP(1/25/01) 2 0' 1134 to wit: PASSED AND ADOPTED this 254 day of January, 2001, by the following vote, AYES: NAYS: Commissioner Bimbaum ABSENT: None ABSTAIN: None Commissioners Bagg, Crosthwaite, Jacobson and Patton EA~n~cC~n~b~i~ ~;s i o n ATTEST: Sandra Holder Secretary NOTE: This action is subject to Chapter 1.04 of the Municipal Code, which specifies time limits for legal challenges. cd/MRH/RPC00094TMDRCDP(I/25/01) 3 0111.35 ATTACHMENT "A" Resolution No. PC 2000-02 Case No. 00-094 TM/DR/CDP FINDINGS FOR A TENTATIVE MAP STANDARD:. Section 66474 of the California Government Code requires that the authorized agency approve an application for a Tentative Map unless, based upon the information presented in the application and during the Public Hearing, the authorized agency makes any of the following findings of fact: ao That the proposed map is not consistent with applicable general and specific plans as specified in Section 65451 of the Subdivision Map Act. Facts: The proposed Tentative Map is to allow the subdivision of approximately 31.187 acres into 109 lots comprised of 103 single family residential lots (Lots 1- 103), five private street lots (Lots 105-109), and one common area open space lot (Lot 104). The subject site is located within the ES-SFR3V Zoning District of the South Mesa Planning Area of the Encinitas Ranch Specific Plan (ERSP). The provisions of the South Mesa Planning Area of the ERSP stipulate that a maximum of 353 low density, single family detached homes will be constructed at an average density of 3.0 du/ac within the overall South Mesa Area. Approximately 81% of the proposed 8,000's site will be used for residential lots, 15.6% for streets, and 3.6% for the common sloped lot. As stipulated in Section 6.5.3B of the Encinitas Ranch Specific Plan, no more than 40% of the total number of lots in the ER- SFR3V Zone can be less than 6,000 square feet in area. Discussion: Based on current applications, the anticipated number of residential lots to be created by all four South Mesa subdivisions (5,000's, 6,000's, 7,000's and 8,000's) is 357. At the tentative number of 357 residential lots, 143 could be less than 6,000 square feet. The approved D.R. Horton subdivision application (5,000's) proposed only 34 residential lots under 6,000 square feet, well below the estimated 143 permitted. All residential lots in the 6,000's, 7,000's and 8,000's subdivisions will exceed 6,000 square feet. Additionally, the anticipated total of 357 residential lots conforms to the allowed maximum density of 370 dwelling units. The ERSP allows a maximum of 353 dwelling units within the South Mesa Planning Area plus an allowance for up to a 5% increase for a total of 370 dwelling units. The 5% increase is authorized pursuant to Section 6.5 of the ERSP, which allows for a density transfer if Final Map recordation of a Planning Area results in fewer than allowed units. The residential development within the Quail Hollow East Planning Area resulted in 42 units which is 21 units less than the allowed 63 units, therefore the additional 17 units (370 total) may be allowed within the South Mesa Planning Area. cd/MRH/RPC00094TMDRCDP(I/25/01) 4 0111,36 be Conclusion: The Planning Commission finds that the proposed Tentative Map is consistent with the General Plan and ERSP subject to the required specific and standard conditions contained in the approved resolution. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans. Facts: Chapter 24.12 of the Municipal Code sets forth design standards for subdivisions; and Section 6.5.3 of the ERSP sets forth technical standards, such as lot width and depth requirements for the ER-SFR3V zone in which the site is located. Additional criteria for the development in the South Mesa Planning Area are established in Section 3.3.4 of the ERSP. Pursuant to Sections 24.29.020B and D of the Municipal Code, private streets are not permitted when accessing 11 or more lots unless the map is approved as a Planned Residential Development (PRD) consistent with development standards established by Municipal Code Section 30.16.020B. Discussion: The 103 residential lots are proposed with net lot areas ranging from 8,803 to 17,644 square feet (10,644 sq. ft. average/mean lot size), which conforms with the minimum lot size of 8,000 square feet required pursuant to the ER-SFR3V zone of the ERSP. The lot widths and depths are in conformance with the standards for the ER-SFR3V zone, which requires a minimum lot width of 70 feet (measured at the front yard setback), a minimum cul-de-sac lot width of 25 feet, a minimum panhandle lot width of 20 feet, and a minimum lot depth of 100 feet. Although the project is not proposed as a PRD, it is determined that private roads may be authorized for the project since the project is located within the ERSP which is similar to a PRD. The Encinitas Ranch project conforms to setback requirements for PRDs. The PRD open space minimum requirement of 40% which equates to a minimum of 12.47 acres of developed open space for the subject project is met through the dedication of the Encinitas Ranch Golf Course, provision of recreational trails throughout the Specific Plan area, dedication and construction of Green Valley Park, and the purchase of off-site land for recreational resources (Indian Head Canyon). The amount of dedicated open space for recreational and environmental purposes for the Encinitas Ranch Specific Plan exceeds the 40% requirement. Conclusion: The Planning Commission finds that, with the allowance for the private road as part of the project, the proposed subdivision conforms to the General Plan since all technical requirements are pursuant to the City's Subdivision Ordinance and the ERSP. That the site is not physically suitable for the type of development. Facts: The Tentative Map proposes to provide lot sizes that conform to provisions of the ER-SFR3V (8,000 sq. fi. min.) zone of the ERSP. The Tentative Map cd/MRH/RPC00094TMDRCDP(1/25/01) 5 · 0111 indicates the conceptual grading to create future building pads which will adequately accommodate single family residences. An Environmental Initial Study was prepared for the project which determined that the proposed project will not result in any significant adverse environmental impacts and that the effects have been adequately analyzed in the earlier adopted Program EIR for Encinitas Ranch and the subsequent Mitigated Negative Declaration for the South Mesa Master Tentative Map and have been mitigated or addressed by Findings and a Statement of Overriding Considerationspursuant to those earlier documents. Discussion: The site will be graded in a series of stepped up lots from west to east, which will include a balance of 17,200 cubic yards of cut and fill. The perimeter of the proposed development is in substantial conformance with the area delineated for development within the South Mesa Harming Area of the ERSP. The bank along the eastern portion of the subdivision will be contour graded with variable slope in conformance with the ERSP FEIR. Conclusion: The Planning Commission finds that the site is physically suitable to accommodate the furore development of 103 single family lots/residences and that the subdivision is designed, or has been conditioned, to comply with Municipal Code and ERSP development standards. That the site is not physically suitable for the proposed density of development. Facts: The provisions of the South Mesa Planning Area of the ERSP stipulate that low density, single family detached homes will be constructed at a maximum density of 3.0 du/ac. The ERSP allows a maximum of 353 dwelling units within the South Mesa Planning Area plus an allowance for up to a 5% increase for a total of 370 dwelling units. The 5% increase is authorized pursuant to Section 6.5 of the ERSP, which allows for a density transfer if Final Map recordation of a Planning Area results in fewer than allowed units. The residential development within the Quail Hollow East Planning Area resulted in 42 units which is 21 units less than the allowed 63 units, therefore the additional 17 units (370 total) may be allowed within the South Mesa Planning Area. The 103 units proposed for the this project, combined with the estimated 254 units of the three other residential subdivisions, result in a net density in conformance with the density and the number of units allowed within the South Mesa Planning Area of the ERSP. A Design Review Permit Site Plan submitted with the project application depicts the proposed siting of the proposed homes on the subject lots and resulting graded pads. Discussion: The total number of residential dwelling units and proposed project density, in addition to being within the allowable range for the South Mesa Planning Area and the ER-SFR3V zone, is suitable since project design indicates that the allowed single family homes can be accommodated on the resulting graded pads and conform to the setback requirements of the ER-SFR3V zone. cd/MRH/RPC00094TMDRCDP(I/25/01) 6 eo Conclusion: The Planning Commission finds that the Tentative Map conforms to the density requirements for the South Mesa Planning Area and ER-SFR3V zone of the ERSP and the project design indicates that adequate building envelopes will result for the single family detached development, therefore the site is physically suitable for the proposed density. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially or avoidably injure fish or wildlife or their habitat. Facts: An Environmental Initial Study, based on the Program Final Environmental Impact Report for the ERSP and the Negative Declaration for the South Mesa Master Map, was completed for the prOject by the City's Environmental Consultant, Curtis Scott Englehorn and Associates. Discussion: The referenced Initial Study concluded that all effects: 1.) have been adequately analyzed in an earlier Program EIR for the Encinitas Ranch Specific Plan and the subsequent Mitigated Negative Declaration for the South Mesa Master Tentative Map pursuant to all applicable legal standards; 2.) have been avoided or mitigated pursuant to the earlier documents; and/or 3.) have been addressed by Findings and a Statement of Overriding Considerations pursuant to those earlier documents. No further environmental studies or public review is necessary in accordance with the provisions of the California Environmental Quality Act (CEQA). Conclusion: The Planning Commission finds that the project is consistent with the earlier Program EIR for the Encinitas Ranch Specific Plan and the subsequent Mitigated Negative Declaration for the South Mesa Master Tentative Map and, pursuant to all applicable legal standards, will not result in any significant adverse environmental impacts. That the design of the subdivision or the type of improvements is likely to cause serious public health problems. Facts: The applicant has submitted "will service" letters to indicate that the Water, Sewer, Fire and School agencies can provide adequate service and utilities to the project site. Although both school districts note that the project will result in the overcrowding of schools, the project is eligible for service. The San Dieguito Union High School District notes that fees/assessments will be levied in accordance with CFD 94-3 and the Encinitas Union School District notes that fees will be levied in accordance with the Encinitas Ranch Impact Fee and Mitigation Agreement between the developer of Encinitas Ranch and the Encinitas Union School District. cd/MRH/RPC00094TMDRCDP(1/25/01) 0111,39 Discussion: No evidence has been submitted to indicate that a serious public health problem would occur should the Tentative Map be recorded and future residences be constructed. Conclusion: Therefore, the Planning Commission finds that the design of the subdivision can be adequately serviced with necessary utilities and the project will not cause any serious public health problems. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the authorized agency may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements through or use of property within the proposed subdivision. Facts: The Tentative Map indicates that adequate access to each of the residential lots can be provided in conformance with City standards. A public parking and recreational trail access easement is required to be placed over all proposed private streets within this subdivision. All other known easements for utilities or access are indicated on the Tentative Map and will remain or be relocated for access to public utilities. The private street improvements will have an overlying public access and parking easements to ensure trail access. 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 easements and utilities to be shown on the Final Map in accordance with City standards and the servicing utilities' requirements. Conclusion: 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. cd/MRH/RPC00094TMDRCDP(1/25/01) 8 011140 FINDINGS FOR DESIGN REVIEW STANDARD: Section 23.08.072 of the Encinitas Municipal Code provides that an application for a design review permit must be granted unless, based upon the information presented in the application and during the Public Hearing, the authorized agency makes any of the following regulatory conclusions: ao The project design is inconsistent with the General Plan, a Specific Plan, or the provisions of the Municipal Code. Facts: The project is located within the South Mesa Planning Area and the ER- SFR3V zone of the ERSP. The Design Review Permit is requested for the proposed construction of 103 single family residences, proposed grading associated with the development, and proposed landscaping for the subdivision. Discussion: Based on review of the Design Review Site Plan and the Building Floor Plans and Elevations, the 103 single family residences as proposed conform with the development standards of the ER-SFR3V zone of the ERSP and the Municipal Code. Additionally, based on review of the proposed project Landscape Concept Plan, Fencing Plan, and Off-Site Landscaping Plan, the structures, site and off-site landscaping, and fencing conform to the standards of the ERSP and the Municipal Code. Conclusion: The Planning Commission finds that the project design is consistent with the General Plan, the ERSP and the provisions of the Municipal Code. b. The project design is substantially inconsistent with the Design Review Guidelines. Facts: Design Review of the proposed residences, grading, and landscaping is included as part of the project. The project proposes nine different floor plans for all the residential lots (Plans 1-9) with two different elevations proposed for Plans 1 and 2, three elevations for Plans 6 and 8, and four elevations proposed for Plans 3, 4, 5, 7 and 9 (30 total floor plan/elevation combinations). The nine plan types are proposed at approximately 3,816, 4,246, 4,730, 5,240, 5,760, 6,085, 5,785, 6,125 and 5,108 square feet respectively including garages. Plan 1 is a single story structure and Plan 2 is a single story with second story bedroom feature (12% of the total number) and Plans 3-9 are two story structures. Of the 103 residential units, 6 will be Plan 1, 6 will be Plan 2, 15 will be Plan 3, 19 will be Plan 4, 13 will be Plan 5, 9 will be Plan 6, 12 will be Plan 7, 9 will be Plan 8 and 14 will be Plan 9. With the number of floor plans and elevations proposed for the project, the same plan/elevation type is minimally repeated and staggering of front yard setbacks was accomplished to the extent possible given the relative size of the lots. The project proposes landscape treatments for the interior streets within the overall project site as depicted on the Landscape Concept Plan. As part of the previously cd/MRH/RPC00094TMDRCDP(I/25/01 ) 9 Oili4i approved off-site landscaping for the D.R. Horton TM (approved by the Planning Commission December 14, 2000), the large manufactured slope area (Lot 104) will be "extensively" planted with a mixture of Mondell Pine and Brisbane Box trees (mature height 30'-40'), 1-15 gallon shrubs and a variety of vines and ground covers. The plant material used on the slopes will be a combination of drought tolerant and/or very low water demanding plant species in accordance with the geo- technical evaluation of the site. Irrigation on the graded slope areas is limited to a minimum necessary to sustain plant life. The trees will be planted in an informal/random manner with trees clustered in small groupings spread out over the entire sloped area. Proposed fencing for the residential lots is included on Sheets L. 1/4 and L.2/4 of the Landscape Concept Plan and includes a perimeter wall, decorative metal fence, view wall, and a wood fence. The perimeter wall is a max. 5-foot high solid split face block wall with split face cap and 5'6" pilasters. The decorative metal fence consists of max. 5-foot high tubular steel. The view wall is proposed with tubular steel atop a 3-foot, 6-inch min. high capped masonry wall (5-foot max. overall height with 5'6: pilasters) in view areas of numerous rear yards. All block shall be RCP Padre Brown and tubular steel shall be Frazee/Alcazar Brown (8306N). The wood fence is a five foot high sandwich type fence (cap and bottom plate on both sides) palmed Frazee/Jericho Brown (8305D) and is proposed on all interior side yards and some rear yards. Discussion: The project substantially conforms to site, building, landscape and privacy design standards. The common space area of Lot 104 will be maintained by the HOA. Contour grading occurs on the master graded slope along the eastern boundary of the subdivision. The stair stepped lot effect is minimized through the use of slope rounding and landscaping. Views from the site are taken advantage of with the lot layout and with the use of tubular steel fencing at the rear of the view lots. The project design offers interest and variation through the use of varied architectural styles, five floor plans and varying elevations for each plan. Different design features such as materials, rooflines, windows (sizes, shapes, placement, muntins, shutter and awnings), column and chimney treatments, and different railing styles all work to give each home a different appearance. Diversity is further enabled within the project given that 15 pre-plotted color schemes are proposed and overall repetition of floor plan types is offset by the different elevations, a different color/material scheme and the orientation of the buildings on the lots. With the number of floor plans and elevations proposed for the project, the same plan/elevation type is minimally repeated and staggering of front yard setbacks was accomplished to the extent possible given the relative size of the lots. Much thought was given to the siting of the homes by the developer, staff and Subcommittee cd/MRH/RPC00094TMDRCDP( 1/25/01 ) 10 011142 Co do The plantings proposed on the Landscape Concept Plan are drought tolerant and consist of species listed on the City's Master Plant List or those listed in Section 7.5.31.1 of the ERSP. The species palette conforms with the intent of the ERSP Landscape Design Guidelines (ERSP Section 7.5.3I) in that the plant palette offers enough species for diversity, while at the same time, it is limited in primary plant materials which will provide unity and thematic identity to the entries and street scene. Conclusion: The Planning Commission finds that the project design is substantially consistent with the Design Review Guidelines. The project would adversely affect the health, safety, or general welfare of the community. Facts: An Environmental Initial Study, based on the Program Final Environmental Impact Report for the ERSP, was completed for the project by the City's Environmental Consultant, Curtis Scott Englehom and Associates. The Initial Study concluded that all effects: 1.) have been adequately analyzed in an earlier Program EIR for the Encinitas Ranch Specific Plan and the subsequent Mitigated Negative Declaration for the South Mesa Master Tentative Map pursuant to all applicable legal standards; 2.) have been avoided or mitigated pursuant to the earlier documents; and/or 3.) have been addressed by Findings and a Statement of Overriding Considerations pursuant to those earlier documents. No further environmental studies or public review are necessary in accordance with the provisions of the California Environmental Quality Act (CEQA). The applicant has submitted "will service" letters to indicate that the Water, Sewer, Fire and School agencies can provide adequate service and utilities to the project site. Discussion: No aspect of the use has been identified which would have any significant adverse effect on the health, safety, or general welfare of the community. Conclusion: The Planning Commission finds that the project will not adversely affect the health safety, or general welfare of the community. The project would cause the surrounding neighborhood to depreciate materially in appearance or value. Discussion: No evidence has been submitted which shows that the proposed development will cause material depreciation to the appearance or value of the surrounding neighborhood. Conclusion: The Planning Commission finds that the project will not cause the surrounding neighborhood to depreciate materially in appearance or value. cd/MRH/RPC00094TMDRCDP(1/25/01) 11 011143 FINDINGS FOR A COASTAL DEVELOPMENT PERMIT STANDARD:. Section 30.80.090 of the Municipal Code provides that the authorized agency must make the following findings of fact, based upon the information presented in the application and during the Public Hearing, in order to approve a coastal development permit: The project is consistent with the certified Local Coastal Program of the City of Encinitas; and The proposed development conforms with Public Resources Code Section 21000 and following (CEQA) in that there are no feasible mitigation measures or feasible alternatives available which would substantially lessen any significant adverse impact that the activity may have on the environment; and For projects involving development between the sea or other body of water and the nearest public road, approval shall include a specific finding that such development is in conformity with the public access and public recreation policies of Section 30200 et. seq. of the Coastal Act. Facts: The Coastal Development Permit is requested for the subject project relative to the proposed subdivision of 31.187 acres into 109 lots (comprised of 103 residential lots, five private street lots, and one common area lot), the construction of the 103 single family residential homes and associated improvements, landscaping, off-site access street improvements, a proposed four-unit Model Home Complex and proposed temporary sales and construction trailers. An Environmental Initial Study was completed for the project by the City's Environmental Consultant, Curtis Scott Englehorn and Associates. Chapter 30.46 of the Municipal Code, Temporary Use Regulations, is incorporated by reference into the Specific Plan. Pursuant to Section 30.46.100E of the Municipal Code, a Coastal Development Permit is required for a model home complex. Pursuant to Section 30.46.110 of the Municipal Code, the temporary use of a trailer coach as a sales office or construction office is permitted on, or adjacent to any site on which a building or construction project is being diligently prosecuted. A Coastal Development Permit is required for the temporary use of a trailer coach pursuant to Section 30.46.100 of the Municipal Code. Discussion: The ERSP expressly allows for single family residential homes within the South Mesa Planning Area and the ER-SFR3V zone. The project conforms or is conditioned to conform with density and development standards of the ER-SFR3V zone and the Municipal Code. The proposed 4-unit Model Home Complex on Lots 1-4 conforms with the Site Plan Review Criteria stipulated in Section 30.46.100B of the Municipal Code. No evidence is found to show that the use will be located, installed or operated in a cd/MRH/RPC00094TMDRCDP(l/25/01) 12 011144 manner that will have an unnecessarily adverse effect on the use and enjoyment of any property on which an occupied dwelling is located, or may be located during the duration of such authorized use. The sales (Lot 6) and construction (Lot 9) trailers are located out of the right-of-way and it does not appear that they will disturb on- site construction activities and/or off-site uses. In conformance with Section 30.46.110 of the Municipal Code, the trailer coaches shall be removed from the site prior to the final occupancy approval for the last residential trait within the project. The Environmental Initial Study concluded that all effects: 1.) have been adequately analyzed in an earlier Program EIR for the Encinitas Ranch Specific Plan and the subsequent Mitigated Negative Declaration for the South Mesa Master Tentative Map pursuant to all applicable legal standards; 2.) have been avoided or mitigated pursuant to the earlier documents; and/or 3.) have been addressed by Findings and a Statement of Overriding Considerations pursuant to those earlier documents. The subject site is located on vacant property of a broad mesa, to the south of Leucadia Boulevard and to the north of the existing Sandalwood and Pacific Serena Subdivisions, which is not between the sea or other body of water and the nearest public road. Therefore, Finding No. 3 is not applicable to the subject project. Conclusion: The Planning Commission finds that 1) the project is consistent with the certified Local Coastal program of the City of Encinitas; 2) that feasible mitigation measures will be implemented as required with the project which will mitigate any significant adverse impact that the activity may have on the environment; and 3) Finding No. 3 is not applicable to the project since it is not located between the sea or other body of water and the nearest public road. cd/MRH/RPC00094TMDRCDP(I/25/01) 13 Oili4 Applicant: Location: SC1 ATTACHMENT "B' Resolution No. PC 2001-02 Case No. 00-094 TM/DR/CDP PROJECT CONDITIONS OF APPROVAL K. Hovnanian of California South Mesa 8,000' s SPECIFIC CONDITIONS: SC3 Approval of the Tentative Map and all associated permits will expire on January 25, 2004, at 5:00 PM, three years after the approval of this project, unless the conditions have been met or an extension o£time has been approved pursuant to the Municipal Code. SC5 This project is conditionally approved as set forth on the application, .fifteen Colors/Materials Boards, and project drawings consisting of seventy six (76) sheets total, including one (1) sheet showing the Model Homes, Construction Trailer, Temporary Sales Trailer and Parking Plan, two (2) colored sheets showing the Design Review Floor Plan/Elevation Plotting of the individual lots, three (3) sheets showing the Tentative Map, six (6) sheets showing the Design Review Permit Site Plan, four (4) sheets showing the Landscape Concept Plan and Fencing Plan, all dated received by the City of Encinitas on January 16, 2001, and sixty (60) sheets showing proposed Floor Plans and Elevations of the nine floor plan types, dated received by the City of Encinitas on January 17, 2001, all designated as approved by the Planning Commission on January 25, 2001, and shall not be altered without express authorizationby the Community Development Department. SC7 Encinitas Ranch Community Facilities District No. 1 The developer shall submit an application to the City Manager for assignment of special tax status and property designation for each parcel within the proposed development. Any property that is designated Public Property shall prepay the associated special tax prior to final map approval or issuance of grading or other permit. The application shall include thg following information: II. Acreage associated with Public property 1. Public streets 2. Public parks or open space 3. Other public areas. Acreage associated with Property Owner Association Property 1. Private streets 2. Parks cd/MRH/RPC00094TMDRCDP(1/25/01) 14 SCA SCB SCC III. IV. Vo 3. Other common areas. Size of individual lots created by the subdivision map. The square footage of homes or buildings to be constructed on lots. If the square footage is not known at the time of final map approval, then this information shall be submitted to the City Manager prior to issuance of building permits. The number of proposed affordable dwelling units and the acreage of the lots upon which said affordable dwellings units are constructed. Under Section "E" of the "Amended and Restated Rate and Method of Apportionment of Special Taxes for City of Encinitas Community Facilities District No. 1 (Encinitas Ranch Public Improvements)" ("Rate and Method" hereafter), a total of 445.4 acres of Public Property and Property Owner Association Property could be exempted from the obligation for the Special Tax. The Rate and Method also exempted from the Special Tax up to a total of 75 dwelling units located on up to 3.5 acres of Affordable Housing Property. The City Manager determined tax exempt status and irrevocably assigned tax exemptions in the chronological order in which the property was designated Public Property, Property Owner Association Property, or Affordable Housing Property. As of June 23, 2000, all of the 445.4 acres of Public Property and Property Owner Association Property and all of the 3.5 acres of Affordable Housing Property have been designated. Hereafter, property that is submitted for tax-status assignment will be handled in the following manner: Public Property: Property that is designated Public Property will be required to prepay 'the associated Special Tax prior to final map approval or issuance of grading or other permit. Home Owner Association Property: home owner association property will be designated "Taxable Property Owner Association Property" and will be subject to the Special Tax. Affordable Housing: Property that is classified by the City of Encinitas as affordable will be subject to the Special Tax. The developer has the option of requesting a prepayment calculation for a nominal fee. Roof covering shall not be less than a Class "A" Roof Assembly. Prior to final map approval, the developer shall cause a covenant to be recorded, to the satisfaction of the Community Development Director, stipulating that installation of entry gates are prohibited on any of the subdivisions streets. Approval of this application 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 recorded by the San cd/MRH/RPC00094TMDRCDP(I/25/01) 15 SCD SCE SCF Diego County Recorders Office as Document No. 1994-0713677 on December 14, 1994. 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. The following shall be noted on the final map: Every Lot and all other areas of the K. Hovnanian 8,000's subdivision known as TM 00-094 (the "Subdivision") shown on this plat are burdened with a perpetual, nonexclusive easement permitting golf balls to enter and land within the subdivision from the Encinitas Ranch Golf Course. Under no circumstances shall the owner or operator of the Encinitas Ranch Golf Course (including without limitation, the City of Encinitas, its officers, employees and agents, its successors and assigns, and any lessee thereof or any management company operating the facility) be held liable for any damage or injury resulting from golf balls on this easement, nor be enjoined from operating the Encinitas Ranch Golf Course or any hole or facility thereon, as a result of golf balls entering and landing on said Lots and other areas of the Subdivision. Prior to final map approval, the subdivider shall execute and record a covenant to the satisfaction of the Community Development Department which stipulates the following for each residential lot within the project subdivision: Property is subject to an easement permitting golf balls from the Encinitas Ranch Golf Course (the "Golf Course") to enter and land on the Property. Under no circumstances shall the owner or operator of the Encinitas Ranch Golf Course, including but not limited to the City of Encinitas, its officers, agents and employees; lessees or contractors (including management companies), as well as their respective successors or assigns be held liable for any damages or injury resulting from nor be enjoined from operating the Golf Course, any hole or any facility thereon as a result of golf balls on this easement. The property owner relinquishes any right to enjoin the operations of the Golf Course, any hole and any facility thereon, or asserts claims against, and expressly agrees to indemnify and hold harmless, the City of Encinitas, its officers, employees, agents lessees, contractors (including management companies), as well as their respective successors and assigns, with respect to any and all claims, causes of action, losses, damages, costs and expenses (including without limitation, reasonable attorneys' fees) of whatever nature, now existing or hereafter arising out of or related to any damage to property or the injury or death of any person that occurs as a result of golf balls traveling over or across, or landing on or near, any property or improvements within the K. Hovnanian 8,000's Subdivision known as TM 00-094, including without limitation, the Property. The property owner hereby agrees that any and all requirements of the laws of the State of California required to cd/MRH/RPC00094TMDRCDP(I/25/01) 16 011148 SCG be satisfied in order for the provisions of this paragraph to constitute a restrictive covenant running with the land shall be deemed satisfied in full, and that any requirements of privity of estate are intended to be satisfied, or in the alternative, that an equitable servitude has been created to ensure that the restrictions contained in this paragraph run with the land conveyed by the deed recorded on the property in the name of owner. Every contract, deed or other instrument hereafter conveying the Property, or any part of or interest in the Property, shall expressly provide that such conveyance is subject to the restrictions of the preceding paragraph- provided, however, that the preceding paragraph shall survive and be effective as to successors and/or assigns of all or any portion of or interest in the Property, regardless of whether the conveying contract, deed or other instrument provides that such conveyance is so subject. Prior to Final Map approval, the CC&R's for the subject project shall be submitted to the Community Development Department for review and approval. The following language shall be included in the CC&R's for the subject project: THE GOLF COURSE ao Golf Ball Easement - Every Lot and all other areas of the Subdivision are burdened with a perpetual, non-exclusive easement permitting golf balls to enter and land on subject Lot or portion of the Subdivision from the golf course adjacent to the Subdivision. Under no circumstances shall any of the following persons be held liable for any damage or injury resulting from nor be enjoined from operating the Golf Course as a result of golf balls on this easement the Declarant and its principals, successors or assigns; the Association and its members (in their capacity as such); and the City of Encinitas, its officers, employees, agents, lessees, contractors (including management companies) and their respective successors or assigns (collectively referred to herein as "City"). All Owners of Lots are advised that no representations or warranties have been made or are made by the Declarant, City, or any other Person with regard to the continuing existence, ownership or operation of the Encinitas Ranch Golf Course (the "Golf Course"). No purported representation or warranty in that regard, whether written or oral, shall be effective without an amendment to this Declaration executed or joined into by the Declarant and approved by City. Co Neither the Declarant, the Association nor City guarantees or represents that any view over or across the Golf Course from adjacent Lots will be preserved without impairment. City has no obligation to prune or thin trees or other landscaping on the Golf Course, and may at any time add trees and other landscaping to the Golf Course. City may also, at any time, in its sole discretion, change the location, configuration, size and elevation of the tees, cd/MRH/RPC00094TMDRCDP(I/25/,01) 17 011149 SCH SCI SCJ SCK SCL SCM bunkers, fairways and greens of the Golf Course - regardless of whether such changes diminish or obstruct the view from any Lot. This Article may not be amended without the written approval of the Declarant and City. Plans, specifications, and supporting documents for all improvements shall be prepared to City Standards to the satisfaction of the City Engineer for the construction of Quail Gardens Drive through the "out-parcel" prior to approval of the first final map for the additional subdivision of the residential master lots. The developer shall obtain all necessary permits and rights-of-way required to complete these improvements. The improvements shall be secured with appropriate security as provided by law. The developer shall install and complete the improvements prior to the occupancy of the 181st residential unit within the South Mesa Master Tentative Map. Drought tolerant and/or very low water demanding plant species shall be used on the graded fill slopes in accordance with the geo-technical evaluation of the site. Irrigation of the graded fill slope areas shall be limited to a minimum necessary to sustain plant life. All vegetation planted in the median shall be less than 3 feet in height, except that trees trimmed to the trunk line at least 8 feet above the level of the street pavement or roadway surface will be allowed. If trees are used in the median, the diameter shall not grow to be more than 12-inches so that visibility of pedestrians is not blocked. Public improvements including sewer, water, storm drain, street access, and dry utilities proposed for this project are not independent and must be served by other subdivisions in the South Mesa. Prior to approval of the final map, the developer shall provide assurance to the City Engineer that all the infrastructure necessary for this subdivision are approved and improvements are secured by adequate surety. B Street and Jensen Court are classified as local private streets with 46' private street easement, 36' curb to curb roadway improvement, and a 4' sidewalk on one side only. These streets shall be constructed pursuant to the tentative map and maintained by the homeowners association. A public road and access easement shall be granted to the City over the entire width of the private streets. Pasco De Las Flores, between Jensen Court and B Street, and D Street are classified as local private streets with 51' private street easement, 36' curb to curb roadway improvement, and a 4' sidewalk on one side only. These streets shall be constructed pursuant to the tentative map and maintained by the homeowners association. A public road and access easement shall be granted to the City over the entire width of the private streets. cd/MRH/RPC00094TMDRCDP(I/25/01) 18 011150 SCN SCO SCP SCQ SCR SCS SCT SCU SCV Cypress Hills Drive and the existing segment of Paseo De Las Flores are classified as local private streets with 56' private street easement, 36' curb to curb roadway improvement, and 4' sidewalks on both sides of the street. These streets shall be constructed pursuant to the tentative map and maintained by the homeowners association. A public road and access easement shall be granted to the City over the entire width of the private streets. Water mains needed to serve this project must be extended through adjacent, undeveloped properties. The developer shall coordinate with adjacent properties to extend water facilities to the subject project. All water facilities both on site and off must be approved by the San Dieguito Water District. Water facilities must be installed without dead ends and must meet fire flow requirements. The developer shall install the water system according to San Dieguito Water District (District) standards, and dedicate to the District the portion of the water system which is to be public. The developer shall be required to enter into a secured agreement with the San Dieguito Water District prior to map recordation. The developer will dedicate to the San Dieguito Water District all necessary easements for that portion of the water system which is to be public water. No trees or permanent structures will be allowed in District easements. The developer will be required to show all existing and proposed water facilities on improvement or grading plans for San Dieguito Water District approval. The developer is required to comply with the San Dieguito Water District's fees, charges, rules and regulations, including installation of any required on-site and off- site facilities. This project shall be subject to all development limitations on the phased development of Encinitas Ranch set forth in the Encinitas Ranch Specific Plan. At the time of project implementation, no building permits shall be issued for development which exceeds square footage, number of building units, traffic generation, or other applicable limitations set forth in the Encinitas Ranch Specific Plan at that time. In the event the Community Development Director determines that substantial changes are proposed for the approved project, the changes shall be reviewed by the Encinitas Ranch Planning Commission Subcommittee. At the request of the Community Development Director, the Subcommittee will review the proposed modifications relative to the findings for substantial conformance with a design review permit contained in Section 23.08.140 of the Municipal Code. cd/MR.H/RPC00094TMDRCDP(I/25/01) 19 SCW SCX SCY SCZ SCAA 011151 Modifications beyond the scope described therein may require submittal and approval of an amendment of the design review permit by the Planning Commission. All graded banks greater than 15 feet in height shall be contour or landform graded. Graded bank slope increments shall vary and banks undulate both vertically and horizontally. Upon completion of the installation of all project landscaping and irrigation systems, a final field observation shall be conducted and a certification of substantial completion shall be completed and signed by a state licensed landscape architect, landscape contractor or an irrigation designer who also holds a state license in the landscape field. In conformance with Section 6.5.3C.3 of the Encinitas Ranch Specific Plan, all utility connections shall be designed to coordinate with the architectural elements of the site so as not to be exposed except where necessary. Prior to building permit issuance, pad-mounted transformers and/or meter box locations shall be included in the site plan with the appropriate screening treatment. Transformer, terminal boxes, meter cabinets, pedestals, ducts and other facilities may be placed above ground provided they are screened with landscaping or other appropriate screening devices. All project grading shall conform with the approved Tentative Map. In cases where no grading is proposed at the time of the Tentative Map, or in cases where the grading plan later submitted is not consistent with the approved Tentative Map, the applicant shall be required to obtain a design review permit for grading prior to issuance of grading permits. The floor plan types (Plans 1-9) shall be sited on the individual residential lots as depicted on the approved Design Review Permit Site Plan. Siting of the Plan types shall not be revised without the review and approval of the Encinitas Ranch Planning Commission Subcommittee. Changes to the architectural faqade types for a particular floor plan type is permitted provided that the architectural faCade design shall not be repeated within three (3) houses on either side of a home nor directly across the street. As listed in the building plan/elevation matrix, individual color schemes have. been selected for each home from the approved color boards (Schemes 1-15) approved for the subject project. The scheme used for each home may be changed, however, no scheme shall be repeated on adjacent homes nor directly across the street. "Directly across the street", for purposes herein, shall be defined so that in the event that the subject home's property lot lines, when extended across the street, encompass more than one lot, then the architectural facade and/or color limitations would apply to all lots so encompassed. The floor plan, elevation and color scheme type chosen to be utilized for each individual home shall be referenced on the respective home's building permit cd/MRH/RPC00094TMDRCDP(I/25/01) 20 application. The floor plan, elevation, and color scheme type shall conform with the approved plan siting and/or criteria noted above. Any changes proposed to the floor plan, elevation, or color scheme type subsequent to building permit issuance shall also be reviewed and approved by the Encinitas Ranch Planning Commission Subcommittee and/or the Community Development Department as applicable. Approved changes shall be revised accordingly on the approved building permit plans. SCBB Prior to building permit issuance for the model homes (Lots 1-4), detail plans (site plan and sign elevations) for all proposed temporary signs shall be submitted for review and approval by the Community Development Department to ensure conformance with Section 30.60.080 of the Municipal Code. SCCC The Model Home Complex is approved as depicted on the Model Home Complex/ConstructionTrailer Site Plan. In accordance with Section 30.46.100 of the Municipal Code, building permits shall not be issued for the model homes until a final map has been recorded, or, in the alternative, that a final map has been submitted which the Engineering Services Director has determined to be in conformance with the approved tentative map and technically correct. SCDD In conformance with Section 30.46.110 of the Municipal Code, the construction trailer shall be removed from the site prior to the final occupancy approval for the last residential unit within the project. SCEE The subject project is obligated to provide one (1) "Low Income" and four (4) "Very Low Income" affordable housing units pursuant to the Encinitas Ranch Development Agreement and the Encinitas Ranch Affordable Housing Compliance Plan as adopted or amended. These 5 units are required to be ground floor/first story units. All inclusionary units are required to have direct exterior access and comply with all applicable standards of the Municipal Code and the Development Agreement for the ERSP. SCFF For any accessory units proposed within the project for the purpose of meeting the affordable housing requirements, the developer shall execute and record a covenant satisfactory to the Community Development Director reserving the subject units as affordable housing units in accordance with the Encinitas Ranch Development Agreement and the Encinitas Ranch Affordable Housing Compliance Plan as adopted or amended. SCGG Any accessory units proposed within the subdivision shall conform with Section 30.48.040V of the Municipal Code which includes the requirement to provide full kitchen facilities. SCHH Prior to issuing a final inspection on framing for each individual residential structure, the applicant shall provide a survey on an acceptable City Height cd/MRH/RPC00094TMDRCDP(I/25/01) 21 Certification Form from a licensed surveyor or a registered civil engineer verifying that the building heights are in compliance with the approved plans. SCII In order to ensure that cutting into the toe of the fill slope on Lots 23-30 will not compromise the manufactured fill slope's integrity, retaining walls constructed into the base of the fill slopes on these lots shall be limited to a maximum height of 3- feet, 8-inches from the top of footing to the top of wall upon issuance of a building permit that details the wall to be constructed in accordance with San Diego regional Drawing C-4 (Masonry Retaining Wall Type 4). Retaining walls in excess of 3'8" in height (5 foot max.) may be considered on a lot by lot basis, subject to review by GeoSoils, Inc. and the City's Engineering and Community Development Departments prior to implementation/construction. This information shall be part of the disclosure at the time of sale of the affected lots and shall be added to the language of the Master Conditions Covenants and Restrictions for the Area. SCJJ On-site and off-site landscaping of applicable major fill slope areas shall be field inspected by the Community Development Department immediately following planting completion. If it is determined at that time that sufficient screening is not provided, additional landscaping improvements shall be required to be provided by the developer. SCKK 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. SCLL Interior street lights shall be installed and designed whereby the light source shall be directed away from all property lines, adjacent lots, and adjacent residences. A uniform street light design shall be utilized throughout the South Mesa Area. SCMMPublic sewer, water, and joint utility easements shall be provided to the satisfaction of the City Engineer for all private streets. SCNN The developer shall grant a public easement to the City over all private streets as required by these conditions or shown on the Tentative Map/site development plan. The easement shall be made by a certificate on the Final Map/prior to issuance of any building permit for this project. All easements shall be granted to the City free and clear of all liens and encumbrances and without cost to the City. SCOO All window muntins shall be expressed on the exterior of the window glass. SCPP Window muntins shall be provided on all elevations of the residences if existing on the front elevation. SCQQ If a disagreement or inconsistency exists between the elevations and the floor plans within the approved plan sets, the elevations govern, except where specifically noted otherwise. cd/MRH/RPC00094TMDRCDP(1/25/01 ) 22 O11154 SCRR Landscaped planters, with a diameter of 16-feet, are approved to be placed at the center of the bulb ending of each of the project's cul-de-sacs. The design of these planters shall be uniform and shall be reviewed by the Community Development, Fire and Engineering Departments as part of the grading and street improvement plan review. SCSS The concrete roof tiles on the proposed houses shall be of an integral color so that the interior color of the tiles will approximately match the finish surface colors of the roof tiles. SCTT The minimum fire flow for fire hydrants located on "B" Street and the three required fire hydrants located at the eastern terminus of the three fire access/trail access easements shall not be less than 2,500 GPM at 20 PSI residual pressure. SCUU The Three fire access/trail access easements shall have a minimum 12 foot wide all-weather DG road surface capable of supporting H-20 loading. The three fire access/trail access easements shall be maintained free and clear of tree limbs, brush, etc., within the 12-foot DG access road/trail. SCVV Road widths shall be measured from "curb line" to curb line. Curb cuts shall be provided for the three fire access/trail access easements from "B" Street to the trail. SCWW Applicant shall comply with the following Wildlife Interface Requirements for buildings adjacent to wildland areas: 1. Exterior wall surfacing materials shall be non-combustable materials. 2. Glazing materials shall be tempered glass or multi-layered glass panels. 3. Roof coverings shall not be less than Class "A" roof assembly. 4. Ventilation in exterior walls, attics, and eves shall meet Encinitas Fire Department requirements. 5. Projections such as balconies, carports, decks, patio covers, etc., shall meet Encinitas Fire Department requirements. When such appendages and projections are attached to the exterior fire resistive walls, they shall be constructed to maintain the fire resistive integrity of the wall. SCXX All storm drains shall be stenciled with City Standard Storm Drain stencil. SCYY The proposed Floor Plans and Elevations (consisting of sixty sheets) shall be revised and the color scheme plotting changed to reflect the changes listed on the January 25, 2001 letter (Attached to this Resolution of Approval as ATTACHMENT "C") signed by project representative Mr. Jorge Alvarez of cd/MRH/RPC00094TMDRCDP(I/25/01) 23 01115S G1 K. Hovnanian Companies of California. The revised plans shall be submitted to the Community Development Department within 15 calendar days of the final project approval. The Community Development plan check review of the Final Map, Grading Plans and Landscape Plans can not proceed until such time that the revised plans have been submitted. STANDARD CONDITIONS: CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): M1 This approval may be appealed to the City Council within 10 calendar days from the date of this approval pursuant to Chapter 1.12 of the Municipal Code. G4 Prior to building permit issuance, the applicant shall cause a covenant regarding real property to be recorded. Said covenant shall set forth the terms and conditions of this grant of approval and shall be of a form and content satisfactory to the Community Development Director. G5 Approval of this request shall not waive compliance with any sections of the Municipal Code and all other applicable City regulations in effect at the time of Building Permit issuance unless specifically waived herein. Gl2 Prior to any use of the project site pursuant to this permit, all conditions of approval contained herein shall be completed or secured to the satisfaction of the Community Development Department. Gl3 The applicant shall pay development fees at the established rate. Such fees may include, but not be limited to: Permit and Plan Checking Fees, Water and Sewer Service Fees, School Fees, Traffic Mitigation Fees, Flood Control Mitigation Fees, Park Mitigation Fees, and Fire Mitigation/Cost Recovery Fees. Arrangements to pay these fees shall be made prior to Final Map approval/buildingpermit issuance to the satisfaction of the Community Development and Engineering Services Departments. The applicant is advised to contact the Community Development Department regarding Park Mitigation Fees, the Engineering Services Department regarding Flood Control and Traffic Fees, applicable School District(s) regarding School Fees, the Fire Department regarding Fire Mitigation/Cost Recovery Fees, and the applicable Utility Departments or Districts regarding Water and/or Sewer Fees. Gl4 A plan shall be submitted for approval by the Community Development Department, the Engineering Services Department, and the Fire Department regarding the security treatment of the site during the construction phase, the on- and off-site circulation and parking of construction workers' vehicles, and any heavy equipment needed for the construction of the project. cd/MRH/RPC00094TMDRCDP( 1/25/01) 24 L1 The project is subject to Chapter 23.26 of the Municipal Code (Water Efficient Landscape Program), which requires a landscape and irrigation plan to be prepared by a State licensed landscape designer. The requirements for the plans are listed in Chapter 23.26. The landscape and irrigation plans must be submitted as part of the building permit application for the project. L2 All required plantings and automated irrigation systems shall be in place prior to use or occupancy of new buildings or structures. All required plantings and automated 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, and screening requirements. All landscaping and irrigation systems shall be maintained in a manner that will not depreciate adjacent property values and otherwise adversely affect adjacent properties. All irrigation lines shall be installed and maintained underground (except drip irrigation systems). L4(b) All landscaping, fences, walls, etc. on the site, in any adjoining public parkways (the area between the front property line and the street) shall be permanently maintained by the individual property owners and ultimately by the homeowners association. The maintenance program shall include normal care and irrigation of the landscaping; repair and replacement of plant materials and irrigation systems as necessary; and general cleanup of the landscaped and open areas, parking areas and walkways, walls, fences, etc. Failure to maintain landscaping and the site in general may result in the setting of a public hearing to revoke or modify the approval. This condition shall be recorded with the covenant required by this Resolution. S2 A comprehensive Sign Program for this development to include temporary subdivision advertising signs and any model home and information signing shall be submitted to the Community Development Department for review and approval prior to issuance of building permits. M2 All project grading shall conform with the approved Tentative Map or Tentative Parcel Map. In cases where no grading is proposed at the time of the Tentative Map/Tentative Parcel Map, or in cases where the grading plan later submitted is not consistent with the approved Tentative Map/Tentative Parcel Map, the applicant shall be required to obtain a design review permit for grading prior to issuance of grading permits. M6 Street names shall be approved by the City prior to the recordation of the final map, and street addresses shall be provided by the Community Development Department prior to the issuance of building permits. MT1 Prior to issuance of building permits, the developer shall execute and record a covenant, reviewed and approved by the Community Development, Community Services, and Engineering Services Departments, advising any and all successors in cd/MRH/RPC00094TMDRCDP( 1/25/01 ) 2 5 MT2 MT3 MT5 MH1 MH2 011157 interest that the property is located with an easement on, adjacent to, or near the subject property for the purpose of allowing recreation traffic. The developer shall improve the recreation trail system as specified on the Tentative Subdivision Map identified as approved by the Planning Commission on December 14, 2000, in accordance with the adopted standards that are in effect at the time of Final Map approval/grading permit issuance/building permit issuance and to the satisfaction of the Community Development, Community Services, and Engineering Services Departments. Said improvements shall include grading, soil compaction, drainage control, signage, access control, erosion control, etc., in conformance with the "Interim Recreation Trail Standards" adopted by the City June 13, 1990. An open space easement shall be granted to the City over, upon, across and under the area defined on the final maps as a recreational trail and no building, structures or other things shall be constructed, erected, placed or maintained on subject easements except for the construction and maintenance of said trail and structures appurtenant to the trail and as approved by the Community Development, Community Services, and Engineering Services Departments. 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. Model homes in a number not to exceed that necessary to provide an example of each dwelling type being offered may be allowed in accordance with 30.46.100 of the Municipal Code. That Section provides that building permits may not be issued for model homes until a final map has been recorded, or, in the alternative, that a final map has been submitted which the Engineering Services Director has determined to be in conformance with the approved tentative map and technically correct. In addition, that Section provides that prior to issuance of building permits for model homes, the applicant shall provide a site plan to the satisfaction of the Community Development Department, indicating, among other things, the location of the model homes and their relation to off-street parking, vehicular and pedestrian access, and existing and all known future development in surrounding areas. Model homes shall include at least one model designated as a "Water Efficient Landscape Model" in accordance with Section 23.26.110 of the Municipal Code, featuring elements such as hydrozones, irrigation equipment, and other elements which contribute to overall water efficiency pursuant to Chapter 23.26 of the Municipal Code. cd/MRH/RPC00094TMDRCDP( 1/25/01 ) 26 011158 MH3 All sales maps that are distributed or made available to the public shall include but shall not be limited to trails, future and existing schools, parks, streets, and all other adjacent and all known future development. MH5 Any use of a trailer coach as a temporary business/sales office shall comply with the provisions of Chapter 30.46 of the Municipal Code and shall be removed upon completion of the sales program. F1 FIRE CONDITIONS: CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): F2 ACCESS ROADWAY DIMENSIONS: Fire apparatus access roadways shall have an unobstructed paved width of not less than 24 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches. EXCEPTION: Access to one (1) single family residence shall not be less than 16 feet of paved width. F4 TURNAROUNDS: All dead-end fire access roadways in excess of 150 feet in length and serving more than four (4) dwelling units shall be provided with a cul- de-sac. The cul-de-sac radius for public streets shall comply with city road standards. Streets constructed to private road standards where a turnaround is required shall have a cul-de-sac with a paved radius of not less than 36 feet. Cul- de-sacs in commercial projects shall comply with City road standards. Alternate types of tumarounds may be considered by the Fire Chief as needed to accomplish the purpose of the Fire Code. F5 GRADE: The gradient for a fire apparatus roadway shall not exceed 20.0%. Grades exceeding 15.0% (incline or decline) shall not be permitted without mitigation. Minimal mitigation shall be the installation of automatic fire sprinkler systems for structures accessed by such a roadway. F7 RESPONSE MAPS: Any development that by virtue of new structures necessitates fire hydrants, roadways, or similar features, shall be required to provide a map in a format compatible with current Department mapping services, and shall be charged a reasonable fee for updating all Fire Department response maps. F8 COMBUSTIBLE MATERIALS: Prior to the delivery of combustible materials on the project site, water and sewer systems shall satisfactorily pass all required tests and be connected to the public water and sewer systems. In addition, the first lift of asphalt paving shall be in place to provide a permanent all-weather surface for emergency vehicles. Said access shall be maintained to the satisfaction of the Fire Department. cd/MRH/RPC00094TMDRCDP(1/25/01) 27 011159 E1 E2 EG1 F9 FIO Fll Fl2 Fl3 FlSA POSTING OF ROADWAYS: Emergency access roadways when required shall be properly identified as per Fire Department standards. OBSTRUCTIONS (ACCESS ROADWAYS): All traffic lanes shall be a minimum of 24 feet in width during construction and shall be maintained clear and free of obstructions during construction in accordance with the Uniform Fire Code. FIRE HYDRANTS & FIRE FLOWS: The applicant shall provide fire hydrants of a type, number, and location satisfactory to the Encinitas Fire Department. A letter from the water agency serving the area shall be provided that states the required fire flow is available. Fire hydrants shall be of a bronze type. A two- sided blue reflective road marker shall be installed on the road surface to indicate the location of the fire hydrant for approaching fire apparatus. FUEL MODIFICATION ZONES: The applicant shall provide and maintain fire/fuel breaks to the satisfaction of the Encinitas Fire Department. ADDRESS NUMBERS: Address numbers shall be placed in a location that will allow them to be clearly visible from the street fronting the structure. The height of the address numbers shall conform to Fire Department Standards. AUTOMATIC FIRE SPRINKLER SYSTEM - SINGLE-FAMILY DWELLINGS AND DUPLEXES: Structures shall be protected by an automatic fire sprinkler system installed to the satisfaction of the Fire Department. Plans for the automatic fire sprinkler system shall be approved by the Fire Department prior to issuance of building permits. ENGINEERING CONDITIONS: CONTACT THE ENGINEERING SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): All City Codes, regulations, and policies in effect at the time of building/grading permit issuance shall apply. Gradin~ Conditions EG2 No grading permits shall be issued for this subdivision prior to recordation of the final map, or the City has deemed the final map technically correct. EG3 The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. cd/MRH/RPC00094TMDRCDP(1/25/01) 28 ED1 011160 EG4 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 Engineering Services Director and verify compliance with Chapter 23.24 of the Encinitas Municipal Code. EG5 No grading shall occur outside the limits of the project unless a letter of permission is obtained from the owners of the affected properties. EG7 All newly created slopes within this project shall be no steeper than 2:1. EG8 A soils/geological/hydraulicreport (as applicable) shall be prepared by a qualified engineer licensed by the State of California to perform such work. Such report shall be submitted and approved: At first submittal of a grading plan. EG9 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 Engineering Services Director for the proposed haul route. The developer shall comply with all conditions and requirements the Engineering Services Director may impose with regards to the hauling operation. EGIO In accordance with Section 23.24.370 (A) of the Municipal Code, no grading permit shall be issued for work occurring between October 1 st of any year and April 15th of the following year, unless the plans for such work include details of protective measures, including desilting basins or other temporary drainage or control measures, or both, as may be deemed necessary by the field inspector to protect the adjoining public and private property from damage by erosion, flooding, or the deposition of mud or debris which may originate from the site or result from such grading operations. Drainage Conditions ED2 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/detentionbasins of type, size and location as approved by the Engineering Services Director. The basins and erosion control measures shall be shown and specified on the grading plan and shall be constructed to the satisfaction of the Engineering Services Director 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 Engineering Services Director. The developer shall maintain the temporary basins and erosion control measures for a period of time satisfactory to the Engineering Services Director and shall guarantee their maintenance and satisfactory cd/MRH/RPC00094TMDRCDP(I/25/01) 29 011161 ES1 performance through cash deposit and bonding in amounts and types suitable to the Engineering Services Director. ED3 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 Engineering Services Director to properly handle the drainage. ED5 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 Engineering Services Director. Street Conditions ES5 Prior to any work being performed in the public right-of-way, a right-of-way construction permit shall be obtained from the Engineering Services Director and appropriate fees paid, in addition to any other permits required. EU2 The developer shall comply with all the rules, regulations and design requirements of the respective utility agencies regarding services to the project. EU3 The developer shall be responsible for coordination with S.D.G. & E., Pacific Bell, and other applicable authorities. EU4 All proposed utilities within the project shall be installed underground including existing utilities unless exempt by the Municipal Code. EU5 The developer shall be responsible for the relocation and undergrounding of existing public utilities, as required. EU7 The design of the division of land shall provide each cable operator an oppommity to construct, install and maintain, on land identified on the map as dedicated to public utility use, any equipment necessary to extend cable television services to each residential parcel in the subdivision. This conditions shall not apply to the conversion of existing dwelling units to condominiums, community apartments, or stock cooperatives. EU8 Subject to all applicable Federal and State laws, statutes and regulations, in the event of multiple cable communication operators desiring to serve new residential developments in which the electric power and telephone utilities are underground, the following procedure shall apply with respect to access to and utilization of underground easements: cd/MRH/RPC00094TMDRCDP(I/25/01) 3 0 011162 (b) (c) (d) (e) EM3 This project is The developer shall be responsible for contacting and surveying all franchised cable operators to ascertain which operators desire to provide cable television service to the development. The developer may establish a reasonable deadline to receive responses from cable operators. The final tract map shall indicate the cable operator(s) that have agreed to serve the development. If one or more cable operators wish to provide service, they shall be accommodated in the joint utilities trench on a nondiscriminatory shared basis. The developer shall provide at least (10) working days notice of the date that the utility trenches will be open to the cable operators that have agreed to serve the development. Sharing the joint utilities trench shall be subject to compliance with Public Utilities Commission and utility standards. If such compliance is not possible, or if three (3) or more operators desire to provide service to the development, the developer shall provide a separate trench for the cable television cables, with the entire cost shared among the participating cable operators. With the concurrence of the developer, the affected utilities and the cable television operators, alternative installation procedures, such as the use of deeper trenches, may be utilized, subject to the applicable law. Any cable operator wishing to serve an area where the trenches have been closed shall be responsible for separate trenching and associated costs; provided that if the cable operator was not provided timely written notice of the availability of such trenches, the developer shall reimburse the operator for such costs. approved specifically as 1 (single) phase. cd/MRH/RPC00094TMDRCDP(I/25/01) 31