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1989-19 . 8 8 RESOLUTION NO. OL-89-019 A RESOLUTION OF OLIVENHAIN COMMUNITY ADVISORY BOARD APPROVING A TENTATIVE PARCEL MAP (89-087-TPM/EIA) AND CERTIFYING A NEGATIVE DECLARATION FOR PROPERTY LOCATED AT THE NORTHEASTERLY TERMINUS OF FORTUNA RANCH ROAD EAST OF THE COUNTRYROSE SUBDIVISION, AND AS FURTHER DESCRIBED IN ATTACHMENT nAn WHEREAS, submitted a Conrad Tentative Lust, Parcel Map application as required by the City of Encinitas Subdivision Ordinance, for the purpose of subdividing one 10.0 acre site into four lots of 2.5 acres each; and WHEREAS, public hearings were conducted by the Olivenhain Community Advisory Board on September 5, October 3, and December 5, 1989, as required by law, and all persons desiring to be heard were heard. NOW THEREFORE, BE IT RESOLVED by the Olivenhain Community Advisory City Board Encinitas, of the of that the proposed Tentative Parcel Map for property as described in Attachment "A", 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 four parcels are proposed to be developed in single family dwelling units which is LN/CAB11f-125wp 8 . 8 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 is hereby certified for the Tentative Parcel Map (89-087-TPM/EIA) on this date, December 5. 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- 087-TPM dated May 10, 1989 and received by the City on July 25, 1989 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 December 5. 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. LN/CAB11f-125wp 8 . 8 C. Nothing in this permit shall relieve the applicant from 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. Permits from other agencies will be required as follows: i. iL Cardiff Sanitation District Olivenhain Municipal Water District F. Project is approved as submitted as evidenced by the map dated May 10, 1989 and staging area site plan dated November 30, 1989 and received by the City of Encinitas on Julv 25.1989 and December 5. 1989 res~ectively signed by a City Official as approved by the Olivenhain Community Advisory Board on December 5. 1989 and shall not be altered without 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. B. Prior to issuance of a building permit; as determined applicable by the Planning and Community Development Department. Any change to the natural drainage or concentration of drainage shall be adequately handled and shall not impact adjacent properties. LN/CAB11f-125wp 8 8 8 3. E. 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. A. B. C. D. FIRE A. D. Design Review shall be required for the design of the homes, the landscaping, and the design of the improvements for the recreational trail and staging area. ADDITIONAL APPROVALS REQUIRED When public or private recreational trails are required as a part of the subdivision, the developer shall record a covenant on each of the 4 lots at the time of final map recordation agreeing to allow the developer to improve the recreational trails and the staging area to be dedicated to the City of Encinitas. 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. 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. Working drawings shall include a certification by a recognized acoustical expert that the requirements of the City of Encinitas Noise Ordinance will be met. APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 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 LN/CAB11f-125wp 4. 8 . 8 5. and sewer systems. asphalt paving shall permanent access for shall be maintained Department. In addition, the first lift of be in place to provide adequate, emergency vehicles. Said access to the satisfaction of the Fire B. 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. C. All tentative maps filed with the City or District shall require, as a standard condition, annexation to the Fire District Benefit Assessment Area. D. 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. E. 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". F. 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. G. 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. A. BUILDING B. Existing sewage disposal facilities shall be removed, filled and/or capped to comply with appropriate grading practices and the Uniform Plumbing Code. Prior to the building department approving the connection to the buildings to the private sewer or water systems located in the private right of way, the civil engineer responsible for the design and the inspector responsible for the system inspection must certify in writing to the Director of 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. LN/CAB11f-125wp 8 . 8 APPLICANT SHALL CONTACT THE COMMUNITY SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 6. RECREATION A. Recreation trails and a recreational staging area of no less than 15,000 square feet shall be designated on the final map as approved on the Tentative Parcel Map dated received by the Department of Community Development on July 25. 1989. The developer is required record a covenant in the Office of the County Recorder agreeing to improve and dedicate the trails and the staging area to the City of Encinitas. 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. II B. The developer shall improve the recreation trail system and staging area as called out on the Tentative Parcel Map dated Mav 10. 1989 and received by the City on July 25, 1989, and as shown on the site plan of the staging area dated November 30,1989 and received by the city on December 5, 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: a. Final map approval. b. Prior to building permit issuance. Said improvements shall include grading, soil compaction, drainage control, signage, access control, erosion control, and the like. Said improvements shall be completed in substantial conformance to locations shown on the approved Tentative Map as referenced above and as follows: a. b. LN/CAB11f-125wp 8 . 8 E. F. 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: i. The trail shall contain a minimum of eight feet of tread width with drainage structures as necessary. ii. 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. vi. 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 and shall be made prior to final map approval. The developer shall pay the Park Fee at the established rate at the date of final inspection, or the date of the certificate of occupancy, whichever occurs later. 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 LN/CAB11f-125wp 8 . 8 7. 8. 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. The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. B. 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, submi t required reports to the City Engineer and verify compliance with Chapter 23.24 of the Encinitas Municipal Code. No grading shall occur outside the limits of the SUBDIVISION unless a letter of permission is obtained from the owners of the affected properties. C. D. All slopes within this project shall be no steeper than 2:1. E. 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; or at first submittal of a grading plan. STREETS AND SIDEWALKS A. The developer shall make an offer of dedication to the City for all public streets and easements required by these conditions or shown on the TENTATIVE MAP. The offer shall be made BY A CERTIFICATE ON THE FINAL MAP for the project. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated. B. Fortuna Ranch Road shall be dedicated by the developer along the subdivision frontage based on a centerline to right-of-way width of 30 feet and in conformance with LN/CAB11f-125wp 8 . G. 8 City of Encinitas Standards. C. Reciprocal access and maintenance and/or agreements shall be provided ensuring access to all parcels over private roads, drives or parking areas and maintenance thereof to the satisfaction of the Director of Public Works. D. Prior to any work being performed in the public right- of-way, a right-of-way construction permit shall be obtained from the Public Works office and appropriate fees paid, in addition to any other permits required. E. 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: Fortuna Ranch Road along the project's frontage to meet the Ol i venhain Community standards, pI us ten feet of pavement north of the road centerline. The private roads of access to parcels 1, 3, and 4 shall be improved with 24 foot wide a. c. pavement and to private road standards. F. The design of all private streets and drainage systems shall be approved by the City Engineer prior to (ISSUANCE OF ANY GRADING OR BUILDING PERMIT) for this proj ect. 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. 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." LN/CAB11f-125wp 8 . 8 9. 10. 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 building permit issuance 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 and/or sidewalks shall not be permitted. APPLICANT SHALL CONTACT THE APPROPRIATE AGENCY REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: UTILITIES A. The developer shall comply with all the rules, 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 LN/CAB11f-125wp , . . 11. 12. 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 REOUIREMENTS 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. STANDARD HAP Code) CONDITIONS (Chapter 24.16 of the Municipal 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 LN/CAB11f-125wp 8 . 8 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 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. 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 cannot be fulfiolled due to circumstances beyond the control of the developer. LN/CAB11f-125wp 8 . 8 PASSED AND ADOPTED this 5th day of December, 1989, by the following vote, to wit: Ayes: Nays: Absent: Abstain: ATTEST: Boardmembers Steve Perkins, DuVivier None Joe Stumpf None d i da S. Niles Associate Plann r LN/CAB11f-125wp Kevin Johnson, and Chuck ~I Yl(£- c.\V~\~ CHUCK DU VIVIER, Vice-Chairman of the Olivenhain Community Advisory Board