I. INTRODUCTION
1. Executive Summary
This document presents the Specific Plan for a proposed development of nine lots for residential use located at the northern terminus and east of Rios Avenue in the City of Solana Beach. Organized by the landowners, Russel and Lucy Skerrett (the applicants), and as submitted for approval to the City of Solana Beach, California, the project is to be known as Tangaroa Estates.
This Specific Plan is drawn to satisfy the terms of City of Solana Beach Resolution No. 96-94, dated September 3, 1996, which amended the City General Plan Land Use and approved rezoning the subject property from a combination of Agricultural (A) and Open Space/Recreational (OS/R) to a combination of Low Residential (LR/SP) and Open Space/Recreational (OSR/SP).
As part of this Specific Plan, the applicant also submits for simultaneous approval by the City a Subdivision Tentative Map for the proposed project.
The applicant seeks City Council approval of this Specific Plan and Tentative Map in or before October 1997.
Approval of a Final Map will follow in due course.
The applicant shall have the right to either sell custom lots or build all or some of the proposed homes on the approved lots.
“Tangaroa” is a Polynesian word (New Zealand Maori) which evokes the God of the Sea and Sea Creatures.
2. Project Description and History
This Specific Plan describes the proposed residential development of a single parcel of land of approximately six acres in size, owned by Russel and Lucy Skerrett of 650 Canyon Drive, Solana Beach, California, 92075, and the H. M. Royce and M. Melton Survivor Trust, California, hereinafter referred to as the “applicants.” The subject land is located at the northern terminus of Rios Avenue in the City of Solana Beach, County of San Diego, California. Nine high-quality home sites are planned for this parcel, with an average lot size greater than 14,000 square feet. Each purchaser of these lots will have sole discretion as to the size and quality of the home to be erected subject to applicable City, County and State regulations as defined by the general descriptions, limitations and conditions set forth in this Specific Plan and any applicable homeowners’ association bylaws or CC&Rs.
This six-acre parcel was purchased by the applicants in February of 1994. The first application for development of this parcel was submitted to the City of Solana Beach in November of 1995 (Case No. 17-95-03). An Environmental Impact Report was commissioned, draft and final versions completed and submitted to City staff and unanimously approved by Council (see Resolution No. 95-90). Subsequent to several conferences with City staff, Council members, neighbors and referendum petition, the development was authorized to proceed by the authority of Resolution No. 96-94 (now Case No. 17-96-17) dated September 3, 1996, which amended the City of Solana Beach General Plan Land Use and approved rezoning the subject property from a combination of Agricultural (A) and Open Space/Recreational (OS/R) to a combination of Low Residential (LR) and Open Space/Recreational (OSR), conditioned upon submittal and subsequent approval of a Specific Plan.
This Specific Plan designates that the applicants have agreed to the basic premises for the use of the land, land development controls and restrictions which have been applied in the course of the process of approval. Such controls, restrictions, limitations and conditions are specified, or incorporated by cited reference, in this document or governed by additional provisions of the City of Solana Beach, the State of California and the Federal Government of the United States of America.
This Specific Plan is submitted to be approved and authorized by City ordinance. This new City ordinance will become the zoning and land use document governing the development of this parcel and which will be binding upon the applicants, their agents, purchasers of the lots, and the City of Solana Beach. Issues relevant to this property and not addressed in the Specific Plan will be governed by the Solana Beach Municipal Code.
3. Location and Physical Description
The subject land is located on the northern edge of the San Elijo Lagoon in the City of Solana Beach, at the northern terminus and east of Rios Avenue. The property is bounded to the north by the San Elijo Lagoon, to the east by the sloped embankment which is the western boundary of the Barbara Avenue subdivision, to the south by another parcel, now vacant, and under development as Rios Drive Partners and Broadmoor Beach II, and by North Rios Avenue to the west.
The subject property is approximately six acres of which the southern four and one-half acres was formerly a flower farm, with the existing (formerly the Matsumoto) residence located in its southeastern corner (the existing residence is intended to be removed as a part of this development). The landform slopes from southeast to northwest.
The land is divided by zoning into two parts (see Zoning Map, Figure 2): one portion, of approximately three and three-fourths acres, is to be developed for residential lots and is currently zoned Low Residential (three units per acre) subject to approval of this Specific Plan; the remaining portion of approximately two and one-fourth acres will remain Open Space/Recreational, and will not be developed.
4. Legal Description of the Parcel
THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNADINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER OF NORTHWEST QUARTER OF SAID SECTION 35; THENCE ALONG THE NORTHERLY LINE OF SAID QUARTER QUARTER, NORTH 89 DEGREES 29' WEST 540.06 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 89 DEGREES 29' WEST ALONG SAID NORTHERLY LINE OF SAID SOUTHWEST QUARTER OF NORTHWEST QUARTER, A DISTANCE OF 689.37 FEET TO AN INTERSECTION OF SAID NORTHERLY LINE OF SAID QUARTER QUARTER WITH THE NORTHERLY PROLONGATION OF THE CENTER LINE OF ROAD SURVEY NO. 979; THENCE ALONG SAID PROLONGATION AND ALONG SAID CENTER LINE OF SAID ROAD SURVEY NO. 979; SOUTH 13 DEGREES 21'30" EAST, 427.0 FEET; THENCE SOUTH 89 DEGREES 29' EAST, 571.29 FEET TO A POINT WHICH BEARS SOUTH 2 DEGREES 41' WEST, 414.83 FEET FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 2 DEGREES 41' EAST, 414.83 FEET TO THE TRUE POINT OF BEGINNING.
5. Relevant Documents
The following documents have been studied for applicable conditions, limitations and guidelines and such parts as are applicable have been incorporated into this Specific Plan. Preparation of the Final Map, CC&Rs and execution of the development will be guided by these documents (all of which are included in the appendix to this Plan):
• California Coastal Commission Development Regulations.
• State of California Planning, Zoning and Development Law, Article 8, Specific Plan Preparation, 1995.
• City of Solana Beach Resolution No. 95-90 dated December 11, 1995, which certified the Final Environmental Impact Report.
• City of Solana Beach Resolution No. 96-94 dated September 3, 1996, which amended the City’s General Plan changing the designation for the property from Agriculture and Open Space/Recreational to Low Residential/SP and Open Space/Recreational/SP.
• City of Solana Beach Ordinance No. 224 dated September 17, 1996, which amended the official Zoning Map.
• SELC/SOS agreement dated August 9, 1996.
Figure 1. Project Site Map
Figure 2. Zoning Map
6. Conditions of Approval
In the process of developing these plans, many meetings with City staff, Council members, neighbors and community groups have produced a set of conditions and considerations which will guide the development of Tangaroa Estates. The following conditions of approval are cited as part of the approval process by the City, and are understood to be incorporated into the final ordinance authorizing the commencement of construction. The conditions are previously required through the Final Environmental Impact Report, ordinance, and agreement. Following promulgation of said ordinance, City staff will be authorized to issue applicable construction permit. The following conditions include previously adopted City Council requirements. In the case of potential ambiguity, the appendixed Council resolutions and agreement shall take precedence.
1. The subject project shall have three units per net acre with a maximum of nine lots, intended for single-family homes, with an approximate minimum lot size of 12,000 square feet and the total nine lots averaging 14,000 square feet.
2. In lieu of revegetation as specified in the FEIR, the applicant shall pay an in-lieu fee to be administered by the San Elijo Lagoon Conservancy (SELC) for appropriate lagoon conservation measures. This fund will be kept separate from all other funds of the SELC and can be audited at any time. The fee shall be equal to one-half the approximate costs of the proposed revegetation plan, and the amount shall not exceed $42,500.
3. At their request, the applicants shall satisfy the required affordable housing obligation under Chapter 17.70 of the Zoning Ordinance including the option of an on-site two-bedroom accessory unit. The applicants’ plans designed to satisfy this obligation shall be approved by the appropriate staff departments prior to recordation of a Final Map.
4. Prior to issuance of grading permits, applicant shall bond for, or complete improvements to, the storm drain catch basin at the north end of Rios Avenue to mitigate effects on the lagoon, or other arrangements acceptable to and as deemed necessary by and to the satisfaction of the City Engineer.
5. Prior to approval of any Final Subdivision Map, the owner and/or applicants shall submit proof of execution of school mitigation agreements, or other arrangements acceptable to the applicable school districts and the City Council.
6. Roofing materials shall be limited to earthen colors and shall be of non-reflective materials. Roofline designs shall be architecturally varied, wherever possible, so as to provide diversity of appearance.
7. The exteriors of future residences and appurtenant structures shall be limited to earthen colors.
8. Applicants shall dedicate the approximately one and one-half acres of the property north of the bluff-top to the appropriate County or State agency as permanent public parkland.
9. Applicants shall dedicate to an appropriate entity in trust for the public the first 25 feet of property south of the bluff-top for a permanent open space buffer. The area 25 feet to the south of the open space buffer shall be established as open space for native species and shall be commonly owned and maintained by the development HOA.
10. The 50-foot open space buffer referenced in subsection (9) of this section shall be planted with native vegetation consistent with a list of plant species mutually agreed upon between the San Elijo Lagoon Conservancy and applicants, and approval by the Community Development Director. Applicants shall install, at their sole expense, any drip irrigation systems necessary to establish and maintain said vegetation. The homeowners’ association shall maintain said area as permanent biological open space, consistent with a natural and native biohabitat. No structures, public access, fences, play equipment, pets or any active use whatsoever shall be allowed therein, except for one fence adjacent and parallel to North Rios Avenue and necessary drainage structures as specified in the Specific Plan. The said 50 feet will be land held in common by the HOA.
11. Applicants shall be responsible for half-width improvements of North Rios Avenue as it fronts on the proposed subdivision; these improvements shall include curbs and gutters as required by the City of Solana Beach. Such improvements shall be completed to the satisfaction of the City Engineer.
12. Applicants shall provide appropriate traffic stop controls at the project entrance to the satisfaction of the City Engineer.
13. Applicants shall contribute proportionately to the future improvement of the intersection ramps at both the northbound and southbound movements to and from Interstate 5 at Lomas Santa Fe Avenue. Said fee amount shall not exceed $300.00 per dwelling unit, or an amount mutually agreed upon between applicants and the City of Solana Beach. Said fee shall be established prior to recordation of Final Map and payable prior to issuance of building permits.
14. Applicants shall conduct testing of the site to determine if adverse levels of concentrations of agricultural chemicals exist prior to the issuance of a grading permit. This study shall be conducted by a qualified consultant approved by the Community Development Director. If pesticides or other adverse residues are encountered, a remediation plan shall be designed and implemented. If significant levels of pesticides or other toxins are encountered, the developer shall complete a risk assessment to address the possible migration of toxic components through foundations and building pads. These studies and assessments shall be sufficient to scientifically validate findings and address the pesticide/toxin exposure risks for the entire project.
15. Applicants shall water freshly graded surfaces, both cut and fill, to the maximum extent allowed by the on-site engineering geologist in order to control fugitive dust. Additional use of water-based suppressant and dust control mitigation strategies shall be required to absolutely minimize fugitive dust transport outside of the project’s boundaries.
16. Applicants shall notify the grading contractor in writing, prior to the issuance of excavation/grading permits, of the presence and potential presence of chlorinated pesticides, including DDT. Applicants shall also share all soils test results with grading contractor. If so directed by the County of San Diego Department of Environmental Health, the grading and excavation plans shall include an on-site monitoring program to determine personnel exposure limits (PELs) as well as potential for off-site disbursing of airborne or solid-borne pesticides.
17. Prior to grading of the site, a mounding study shall be conducted to determine the potential for groundwater rise beneath the finished subdivision. Such a study requires determination of the depth to the existing perched water table, determination of the hydrological conductivity of the water-bearing clay soils (Bay Point Formation) and completion of appropriate computer modeling to ascertain the potential extent of groundwater rise under future conditions.
18. Prior to grading of the site, a comprehensive engineering geology study of the site shall be conducted to the satisfaction of the City Engineer. This study shall, at a minimum, be based on additional subsurface investigations and shall provide specific recommendations for grading of the site and for the design of all structural components proposed. The comprehensive engineering geology study for the site shall include a detailed assessment (including deep borings) of the stability of the bluff face.
19. Prior to grading, applicants shall consult with the appropriate agency to implement a rodent vector control plan to minimize fugitive rodent migration.
20. Only grading equipment fitted with exhaust silencers will be utilized in the grading of the project site. Older equipment, lacking or not fitted with modern exhaust silencers, shall not be permitted.
21. All tracked vehicles shall be maintained daily. Special attention shall be paid to the lubrication of the tracks so as to prevent excessive noise generation.
22. Construction activities shall be limited to the hours of 7:00 a.m. to 5:00 p.m., Monday through Saturday, including maintenance of grading equipment.
23. Grading activities shall be limited to the non-rainy season, described approximately from April 1st through October 31st, unless otherwise specified by the California Coastal Commission.
24. All graded slopes shall be sandbagged during the rainy season to prevent excessive drainage across the face of a slope.
25. All finished grades will be constructed so as to direct future drainage away from cut and fill slopes.
26. Any graded pads left undeveloped during the rainy season shall be constructed in a manner (utilizing sandbags and other devices as necessary) so that they will act as detention basins. The surface of the pad(s) shall act to store runoff, releasing it to the street drains only at a rate less than or equal to the natural runoff rate.
27. Landscaping (temporary if necessary) shall be installed on all cut and fill slopes prior to the onset of the rainy season. Similarly, graded pads that are to be left vacant for an appreciable period of time during the rainy season shall also be temporarily landscaped with ground cover or sandbagged.
28. Equipment deliveries, the parking of construction equipment, the parking of the personal vehicles of construction personnel and of related vehicles shall be limited to within the bounds of the subdivision during construction, until such time as the half-width improvements to North Rios Avenue are completed.
29. Laydown storage and vehicle parking shall be limited to areas within the subject property following initial grading.
30. A qualified paleontological consultant shall be retained prior to the initiation of grading activities and the consultant shall attend all applicable pre-grading meetings.
31. The paleontological consultant shall monitor all excavations below the weathered zone of the site. If significant fossil materials are encountered during grading, adequate time shall be afforded to the consultant to remove such materials. All fossil materials so recovered shall be curated at an appropriate scientific institution, approved by the Community Development Director, where they shall be made available for future study and reference by qualified professionals and a brief report of the findings and their disposition shall be made to the City Council.
32. Covenants, conditions and restrictions (CC&Rs) for the project shall be provided to the City Attorney prior to the recordation of any Final Subdivision Map of the property and shall include, but not be limited to, the following:
a. Plant species described in the following list shall not be planted within the project as per agreement with the San Elijo Lagoon Conservancy:
1. Acacia
2. Giant reed grass
3. Ice plant
4. Ivy (German and English)
5. Pampas grass
6. Eucalyptus
7. Saltbush
8. Pepper trees (any species)
9. Castor bean
10. Pines (except Torrey pines)
11. Myoporum
12. Ornamental grasses
13. Bamboo species
b. Applicants shall distribute to all new homeowners, for their educational use, general rules provided by the San Elijo Lagoon Conservancy and a list of California Native Plant Species as suggested landscape material.
c. Homeowners shall not feed cats outdoors.
d. Dogs shall be kept on leash unless inside a fenced yard. Homeowners must clean up pet waste.
e. Applicants shall plant and homeowners’ association (HOA) shall maintain applicable slopes, planted crib walls, parkways, meandering path and landscape areas located within the common and easement areas.
f. Landscaping throughout the proposed subdivision shall be allowed, subject to specified height limitations. The planting of tree species normally known to grow to heights in excess of 25 feet shall be prohibited, as shall be the planting of vegetation on any portion of a lot that would, in combination with the species’ known height at maturity, likely exceed 25 feet above the elevation of that lot’s building pad.
g. All swimming pools and spas within the project shall be installed with a sewer cleanout adjacent to the pool/spa equipment for draining of pools and spas. Pools/spas shall not be drained into streets, storm drains, backyards, or over fences.
h. The homeowners’ association shall contract with the City of Solana Beach or other appropriate entity to have the streets of the subdivision swept on a monthly basis during the period of April to October. Street sweeping shall include the street internal to the subdivision as well as the proximate parts of North Rios Avenue.
i. Homeowner’s garage doors shall remain closed except when in use.
j. Street lights, overhead lights, wall-mounted, landscape and other lighting fixtures shall be of minimal illumination levels to provide security and function. Exterior lighting shall be properly shielded to limit spillage to adjacent properties and to the satisfaction of the City Engineer and/or the HOA board of directors. Flood lights spilling onto any adjacent properties or the San Elijo Lagoon shall be prohibited.
k. CC&Rs shall contain appropriate mechanisms for the permanent ongoing maintenance of areas including but not limited to common landscaping, the HOA board of director’s ability to assess and collect assessments for said maintenance and its ability to enforce proper homeowner’s maintenance of front yard and exterior home maintenance, and to fine and/or lien violators, and otherwise enforce adherence to the CC&Rs.
l. CC&Rs shall clearly provide that the homeowner is responsible for compliance of CC&Rs and also responsible and liable for any renter’s violations.
m. CC&Rs shall contain applicable restrictions on the number of pets allowed per dwelling unit as per Section 17.20.040(H), City of Solana Beach Zoning Code (LR), Table 17.20.040-A.
n. CC&Rs shall provide that in the event of lot sales lot owners shall keep weeds abated per City Fire Codes and provide proper erosion control on any vacant lot.
o. CC&Rs shall be written prior to Final Map approval and shall reflect no greater standards than given through the City of Solana Beach to LR zoning regarding overnight RV parking, boat storage and other related issues.