1989-17
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RESOLUTION NO.
OL-89-017
A RESOLUTION OF OLIVENHAIN COMMUNITY ADVISORY BOARD
APPROVING A TENTATIVE PARCEL MAP (89-061-TPM/EIA)
AND CERTIFYING A NEGATIVE DECLARATION
FOR PROPERTY BEING PARCEL 1 AND PARCEL 2 OF PM 7656,
BEING A PORTION OF SECTION 5, T. 13 S.,
R. 3 W., S.B.M.
WHEREAS,
Wallace Knute,
submitted a Tentative Parcel Map
application as required by the City of Encinitas Subdivision
Ordinance, for the purpose of subdividing one 10.17 acre site into
three lots of .2.3, 2.54, and 4.23 net acres respectively;, and
WHEREAS, public hearings were conducted by the Olivenhain
Community Advisory Board on July 18,
and October 17,
1989 as
required by law,
and all persons desiring to be heard were heard.
NOW THEREFORE, BE IT RESOLVED by the Olivenhain Community
Advisory
Encinitas,
that
the
proposed
City
of
Board
of
the
Tentative Parcel Map for property being Parcell and Parcel 2 of
PM 7656, being a portion of section 5, T. 13 S., R. 3 W., S.B.M.,
City of Encinitas, County of San Diego, is hereby
approved, and
that approval is
based upon the following findings:
a.
That the proposed map is consistent with applicable
general and specific plans as specified in section 65451
of the Subdivision Map Act.
b.
That the design or improvement of the proposed
subdivision is consistent with applicable general and
specific plans since the project is in conformance with
the General Plan designation for the site.
c.
That the site is physically suitable for that type of
development, in that the two parcels are proposed to be
developed in single family dwelling units which is
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consistent with the RR zoning designation and development
standards for the site.
d.
That the site is physically suitable for the proposed
density of development, since the topography and design
of the lots can be adequately accommodated as proposed.
e.
That the design of the subdivision and the proposed
improvements are not likely to cause substantial
environmental damage or substantially and avoidably
injure fish or wildlife or their habitat, and a Negative
Declaration incorporating mitigating measures and a
Mitigation Monitoring and Reporting Program is hereby
certified for the Tentative Parcel Map (89-061-TPM/EIA)
on this date, October 17, 1989, and is on file in the
Department of Planning and Community Development.
f.
That the design of the subdivision or type of
improvements is not likely to cause serious public health
problems, since documentation has been obtained stating
that utilities shall be available for the site, and that
the subject site shall annex into the Cardiff Sanitation
District.
g.
That the design of the subdivision or the type of
improvements will not conflict with easements, acquired
by the public at large, for access through or use of,
property within the proposed subdivision.
NOW THEREFORE, BE IT RESOLVED that Tentative Parcel Map 89-
061-TPM is hereby approved subject to the following conditions:
THE FOLLOWING CONDITIONS SHALL BE COMPLIED WITH BEFORE A PARCEL
MAP IS APPROVED BY THE OLIVENHAIN COMMUNITY ADVISORY BOARD AND
FILED WITH THE COUNTY RECORDER OF SAN DIEGO COUNTY.
THE PARCEL MAP SHALL SHOW AN ACCURATE AND DETAILED VICINITY MAP,
INCLUDING DISTANCES.
1.
GENERAL CONDITIONS
A.
This approval will expire on October 17, 1991, at 5:00
p.m. unless the conditions have been met or an extension
has been approved by the Authorized Agency.
B.
This approval may be appealed to the authorized agent
within 15 days from the date of this approval.
C.
Nothing in this permit shall relieve the applicant from
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complying with the conditions and regulations generally
imposed upon activities similarly in nature to the
activity authorized by this permit;
D.
Approval of this request shall not waive compliance with
any sections of the Zoning Development Code and all other
applicable City Ordinances in effect at the time of
Building Permit issuance unless specifically waived
herein.
E.
A Mitigation Monitoring and Reporting Program (MMRP) as
set forth in the Negative Declaration herein referenced,
shall be established and funded by the developer or
property owner. The amount necessary will be determined
by the Directors of the Public Works and Planning &
Community Development Departments prior to issuance of
any permits on the project.
F.
Permits from other agencies will be required as follows:
L
iL
Cardiff Sanitation District
Olivenhain Municipal Water District
G.
proj ect is approved as submitted as evidenced by the
Tentative Parcel Map dated March 1,1989 received by the
City of Encinitas on April 21,1989 and signed by a City
Official as approved by the Olivenhain Community Advisory
Board on October 17, 1989 and shall not be altered
wi thout Planning and Community Development Department
review and approval.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND
COMMUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING
CONDITIONS:
A.
SITE DEVELOPMENT
For new residential dwelling unit(s), the applicant shall
pay development fees at the established rate. Such fees
may include, but not be limited to: Permit and Plan
Checking Fees, School Fees, Water and Sewer Service Fees,
Traffic Fees, Drainage Fees, and Park Fees. Arrangements
to pay these fees shall be made:
a.
Prior to recordation of the final map; or
2.
B.
Prior to issuance of a building permit;
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as determined applicable by the Planning and Community
Development Department.
B.
Any change to the natural drainage or concentration of
drainage shall be adequately handled and shall not impact
adjacent properties.
C.
A site specific geotechnical investigation will be
required when development plans (i.e., building plans)
are submitted to the City for approval.
A plan shall be submitted for approval by the Director
of Planning and community Development and the Encinitas
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.
D.
ADDITIONAL APPROVALS REQUIRED
A.
When public or private recreational trails are required
as a part of the subdivision, the developer shall display
a map in the sales office, of said subdivision,
indicating the trails.
B.
All sales maps that are distributed or made available
to the public shall include but not be limited to trails,
future and existing schools, parks, and streets.
C.
The developer shall provide a noise display board in the
sales office to the satisfaction of the Planning and
Community Development Director. The display shall
include the site plan and applicable noise impact
contours.
D.
Working drawings shall include a certification by a
recognized acoustical expert that the requirements of
the city of Encinitas Noise Ordinance will be met.
E.
The mitigation of archaeological impacts should be
accomplished through the recovery of a sufficient sample
of either datable carbon or marine shell from at least
two stratigraphic levels and from at least two locations
within the site. These four datable samples would be
submitted for radiocarbon dating, with the results to be
supplied as an addendum to this report. In order to
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recover these four samples, it is recommended that a
backhoe be employed to excavate two to four profile
trenches to a depth of two feet in order to extract the
samples from portions of the site which would hold the
highest likelihood to produce accurate dates.
An archaeological monitor shall be present during the
grading of Lot 1. The monitor will be charged with the
responsibility for recovering any sensitive materials or
hal ting grading to make any necessary evaluations of
newly discovered deposits. This condition shall also be
made part of the grading permit.
APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
4.
FIRE
A.
B.
C.
D.
Prior to delivery of combustible building materials on
site, water and sewer systems shall satisfactorily pass
all required tests and be connected to the public water
and sewer systems. In addition, the first lift of
asphalt paving shall be in place to provide adequate,
permanent access for emergency vehicles. Said access
shall be maintained to the satisfaction of the Fire
Department.
All designated emergency access roads shall be posted
pursuant to the Fire District standards.
Submit a letter from the Encinitas Fire District stating
satisfaction with the type and location of fire hydrants
and the minimum required water flow in gallons per minute
together with a letter from the appropriate agency
certifying that the fire department's minimum required
water flow is available to serve the site. provisions
shall be made to ensure a maximum water pressure at the
fire hydrant of --- psi. The installation of a pressure
reducing station may be required.
Install one (1) bronze residential fire hydrant at street
and property line between Parcels 1 and 2. Install blue
reflective fire hydrant marker 6" from centerline of Lone
Hill Lane on fire hydrant side.
Submit a letter from the Encinitas Fire District stating
that fire/fuel breaks have been provided to the
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satisfaction of the Department.
E.
Cul-de-sacs shall be designed to meet a minimum pav~d
radius of 48 feet to ensure adequate turn around.
F.
All two-way traffic aisles shall be a minimum of 24 feet
wide and emergency access shall be provided, maintained
free and clear, a minimum of 24 feet wide at all times
during construction in accordance with Fire District
requirements.
G.
Structures shall be protected by fire sprinkler systems
per N.F.P.A. standards, and shall be installed to the
satisfaction of the Encinitas Fire Protection District.
H.
All tentative maps filed with the City or District shall
require, as a standard condition, annexation to the Fire
District Benefit Assessment Area.
I.
All changes in zoning, increases in density or changes
in Fire District conditions of existing or pending
tentative maps shall require annexation to the Benefit
Assessment Area.
Prior to final recordation, the applicant shall submit
a letter from the Fire District stating that all
development impact, plan check and/or cost recovery fees
have been paid or secured to the satisfaction of the
District.
K.
All streets improved to 24 foot width shall be posted
for no parking on both sides of the street and signs
shall read "Park Off Pavement Only".
L.
A one (1) inch water meter is required as a minimum.
Minimum paved width for Lone Hill Lane shall be 24'.
Street names shall be approved by the City prior to the
recordations of the final map, and street addresses shall
be provided prior to the issuance of building permits.
Building identification and/or addresses shall be placed
on all new and existing buildings so as to be plainly
visible from the street or access road; color of
identification and/or addresses shall contrast with their
background color.
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5.
BUILDING
A.
Existing sewage disposal facilities shall be removed,
filled and/or capped to comply with appropriate grading
practices and the Uniform Plumbing Code.
B.
Prior to the building department approving the connection
to the buildings to the private sewer or water systems
located in the private right of way, the civil engineer
responsible for the design and the inspector responsible
for the system inspection must certify in writing to the
Director of Public Works that the sewer and/or water
systems were designed and constructed in accordance with
the utility district or agency standards for public
systems.
APPLICANT SHALL CONTACT THE COMMUNITY SERVICES DEPARTMENT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
6.
RECREATION
A.
Recreation trails shall be designated on the final map
as approved on the Tentative Parcel Map dated March 1,
1989 and received by the Department of Community
Development on April 21. 1989, to show the trails. The
developer is required to display the final map in the
sales office of the subdivision in order that prospective
buyers of lots having a private or public recreation
trail on or adjacent to their property, will be aware of
the existing easement. Prior to close of escrow the
developer shall require that the prospective property
owners sign and return the following statement to the
City of Encinitas Department of Planning and Community
Development:
"In purchasing the home on Lot, I am aware of
and understand that said lot has an easement on or
adjacent to it for the purpose of allowing recreation
traffic."
B.
The developer shall improve the recreation trail system
as called out on the Tentative Parcel Map dated March 1,
1989, in accordance with the standards in effect at the
time the trails are required to be improved and to the
satisfaction of the Directors of Community Services and
Public Works prior to:
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a.
Final map approval.
Said improvements shall include grading, soil compaction,
drainage control, signage, access control, erosion
control, and the like.
said improvements shall be made at a 12' width on-site
to allow for a clear 8' trail tread and an additional 4'
of planting between the right-of-way and the trail.
C.
Dedicate the Master planned recreation trails to the
satisfaction of the Directors of the Departments of
Public Works and Community Services.
Said recreational trails shall be improved to the
following design standards, or in accordance with the
standards in effect at the time the trails are required
to be improved and to the satisfaction of the Directors
of Community services and Public Works:
L
The trail shall contain a minimum of eight feet of
tread width with drainage structures as necessary.
iL
The trail surface shall consist of the native soil,
or where the soil is highly erosive or will not
support the traffic, a tread surfacing material such
as decomposed granite shall be used.
iii. Trails shall intersect roads at approximately 90
degree angles.
iv.
The trail system shall be continuous through the
subdivision and shall provide for local access
within the subdivision.
v.
Points where the trail exits the subdivision shall
be coordinated with existing or planned trail
locations on adjacent property.
vL
Provide signs at trail entrances to provide
identification, rules and regulations, and markers
along the route to direct users.
D.
Parkland Dedication in lieu of payment of Park Fees
shall be to the satisfaction of the Community Services
Director shall be made prior to final map approval.
E.
The developer shall pay the Park Fee at the established
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rate at the date of final inspection, or the date of the
certificate of occupancy, whichever occurs later.
F.
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 Directors
of Community Services and Public Works.
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
GRADING
A.
No grading permits shall be issued for this subdivision
prior to recordation of the final map.
B.
The developer shall obtain a grading permit prior to the
commencement of any clearing or grading of the site.
C.
Grading of the subject property is defined by Chapter
23.24 of the Encinitas Municipal Code. Grading shall be
performed under the observation of a civil engineer whose
responsibility it shall be to coordinate site inspection
and testing to ensure compliance of the work with the
approved grading plan, submit required reports to the
City Engineer and verify compliance with Chapter 23.24
of the Encinitas Municipal Code.
C.
No grading shall occur outside the limits of the
SUBDIVISION unless a letter of permission is obtained
from the owners of the affected properties.
D.
A separate grading plan shall be submitted and approved
and a separate grading permit issued for the borrow or
disposal site if located within the city limits.
E.
All slopes within this project shall be no steeper than
2: 1.
F.
A soils/geological/hydraulic report (as applicable) shall
be prepared by a qualified engineer licensed by the state
of California to perform such work prior to final map
approval.
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G.
A drainage system capable of handling and disposing of
all surface water originating within the subdivision, and
all surface waters that may flow onto the subdivision
from adjacent lands, shall be required. Said drainage
system shall include any easements and structures as
required by the City Engineer to properly handle the
drainage.
H.
The developer shall pay the current local drainage area
fee prior to approval of the final map for this project
or shall construct drainage systems in conformance with
the Master Drainage Plan and City of Encinitas Standards
as required by the City Engineer.
7.
STREETS AND SIDEWALKS
(The authorized agency may modify City Standards in particular
cases. The application of a request for such modification
must show special circumstances or conditions affecting the
property in question; and that such modification is necessary
for the preservation and enjoyment of a substantial property
right of the applicant; and that the modification will not be
materially detrimental to the public welfare or injurious to
other property in the immediate vicinity in conformance with
the Municipal Code section 24.12.020.)
A.
A registered Civil Engineer or a licensed land surveyor
shall provide a signed statement that: "The existing
private roads of access to the project are within the
easements for the benefit of the land division".
B.
Plans specifications, and supporting documents for all
improvements shall be prepared to the satisfaction of the
City Engineer. Prior to approval of the final map, the
Subdivider shall install, or agree to install and secure
with appropriate security as provided by law,
improvements shown on the tentative map and the following
improvements to City Standards to the satisfaction of the
City Engineer: The private road access easement shall
be improved to meet the city standards for private roads,
(100-750 trips classification) from the project site to
the nearest public dedicated street (Lone Jack Road),
including public utilities and drainage facilities as
necessary to protect the road from 100 year storms.
c.
The design of all private streets and drainage systems
shall be approved by the City Engineer prior to (APPROVAL
OF THE FINAL MAP/ISSUANCE OF ANY GRADING OR BUILDING
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PERMIT) for this project. The structural section of all
private streets shall conform to City of Encinitas
Standards based on R-value tests. The standard
improvement plan check and inspection deposit is
required.
D.
Developer shall execute and record a covenant with the
County Recorder agreeing not to oppose the formation of
an assessment district to fund the installation of right-
of-way improvements.
Prior to close of escrow the developer shall require that
the prospective property owners sign and return the
following statement to the City of Encinitas Department
of Planning and Community Development:
"In purchasing the home on Lot, I am aware of
and understand that I am agreeing not to oppose the
formation of an assessment district to fund the
installation of right-of-way improvements."
8.
DRAINAGE AND FLOOD CONTROL
A.
A drainage system capable of handling and disposing of
all surface water originating within the subdivision, and
all surface waters that may flow onto the subdivision
from adjacent lands, shall be required. Said drainage
system shall include any easements and structures as
required by the City Engineer to properly handle the
drainage.
B.
The developer shall pay the current local drainage area
fee prior to approval of the final map for this project
or shall construct drainage systems in conformance with
the Master Drainage Plan and City of Encinitas Standards
as required by the City Engineer.
c.
Concentrated flows across driveways
shall not be permitted.
and/or sidewalks
APPLICANT SHALL CONTACT THE APPROPRIATE AGENCY REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
9.
UTILITIES
A.
The
rules,
developer
with
shall
comply
all
the
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regulations and design requirements of the respective
sewer and water agencies regarding services to the
project.
B.
The Subdivider shall provide separate sewer, water, gas,
and electric services with meters to each of the units.
C.
The developer shall be responsible for coordination with
S.D.G. & E., Pacific Telephone, and Cable TV authorities.
D.
All proposed utilities within the project shall be
installed underground including existing utilities unless
exempt by the Municipal Code.
E.
The developer shall be responsible for the relocation
and undergrounding of existing public utilities, as
required.
F.
Submit three sets of bluelines of the proposed project
to the Olivehnain Municipal Water District; complete a
water demand summary; submit a letter from the fire
district stipulating fire flow requirements and fire
hydrant locations; deposit $2000 to initiate the
District's consulting engineer to perform a hydraulic
analysis and study the requirements of the project and
their ability to serve the project.
G.
Property is not in Cardiff Sanitation District and owner
must annex and extend sewer main.
GENERAL REQUIREMENTS AND APPROVALS
A.
All provisions of the Subdivision Ordinance of the
Encinitas Municipal Code shall be met as they relate to
the division of land including the standard conditions
of approval as adopted herein.
B.
Prior to final map approval or on the final map, all
dedications shall be made and easements granted as
required above.
C.
By separate document prior to the recording of the final
subdivision map, or on the final subdivision map, there
shall be granted to the City, an open space easement over
Parcels 1. 2. and 3 and as herein described: The open
space would include the southerly 100 feet of the proiect
site and the easterly 100 feet of the proiect site. Said
open space easement(s) shall be approved as to form by
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the City Attorney and shall preclude use of said open
space as setforth in the Negative Declaration herein
approved and on file in the Department of Planning and
Community Development.
STANDARD
Code)
(Chapter
of the Municipal
MAP
CONDITIONS
24.16
A.
That the subdivider grade and improve or agree to grade
and improve all land dedicated or to be dedicated for
streets or easements, bicycle routes, and all private
streets and private easements laid out on a final map or
parcel map in such manner and with such improvements as
are necessary for the use of the lot owners in the
subdivision and local neighborhood traffic and drainage
needs, and in accordance with the City standards.
B.
That the subdivider install or agree to install all
drainage and flood control structures and facilities
required by the City Engineer, which drainage and flood
control structures and facilities shall conform to the
City standards and the General Plan.
c.
That the subdivider provide all necessary easements and
right-of-way to accommodate all streets, drainage and
flood control structures and facilities, sewer systems,
water systems, cable television and all other required
utilities extending beyond the boundaries of the
subdivision.
D.
That, where a sewer facility is constructed or laid
within a street or road, the subdivider has installed or
agreed to install sewer facilities of a type, size and
location approved by the City Engineer to the property
line of each lot within the subdivision and that all
sanitary sewer lines, appurtenances and service
connections have been constructed or laid prior to paving
or provisions have been made to ensure said construction;
and that all sewer system facilities and construction
standards shall be subject to the requirements of the
agency providing service to the subdivision.
E.
All new and existing utility facilities, including, but
not limited to power, telephone and cable television
conduit and lines within the boundaries of any new
subdivision and within any half-street abutting a new
subdivision, shall be placed underground. The subdivider
is responsible for complying with the requirements of
this subsection, and shall make the necessary arrangement
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with each of the serving utilities, including franchised
cable television operators, for the installation of such
facilities. Transformers, terminal boxes, meter cabinets,
pedestals, concealed ducts and other facilities
necessarily appurtenant to such underground utilities and
street lighting systems may be placed above ground
subject to the subdivider's obtaining a Design Review
Permit. The provisions of this subsection shall not
apply to the installation and maintenance or overhead
electric transmission lines in excess of 34,500 volts and
long distance and trunk communication facilities. This
installation of cable television lines may be waived
when, in the opinion of the City Council, no franchised
cable operator is found to be willing and able to install
cable television lines in the subdivision.
Notwithstanding any such waiver, the installation of
cable television conduit is required.
F.
Where the City has adopted a flood control element or
drainage element of the general plan, all improvements
shall conform to such element.
G.
That the subdivider comply or agree to comply with all
the conditions of approval contained in this resolution
approving the tentative tract map and not otherwise
provided for in Chapter 24.16.
H.
That all required improvements conform to city Standards
unless specifically waived herein.
The Director of Public Works or his designee or the authorized
agency (agent) has the authority to waive or modify any
conditions within this document upon receipt of evidence
indicating that the condition has been fulfilled or scannot
be fulfiolled due to circumstances beyond the control of the
developer.
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following vote, to wit:
PASSED AND ADOPTED this 17th day of October, 1989, by the
Ayes:
Nays:
Absent:
Abstain:
ATTEST:
Linda S. Niles
Associate Planner
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JOSEPH STUMPF, Chairman of the
Olivenhain Community Advisory Board