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1988-51 I RBSOLUTION 110. C-88-051 RB80LUTION OF THE CARDIPP-BY-THB-SEA COMKUHITY ADVISORY BOARD APPROVING A TEIITATIVE PARCEL HAP TO CRBATE ------ TWO PARCBL8 PROM All BXISTING 0.70 ACRB SITE LOCATED 152 FEET WEST OF 1538 RUBENSTEIN AVENUE (CASE NO. 88-248-TPM) WHEREAS, a Tentative Parcel Map to subdivide an existing 0.70 acre site into two lots of 15,517.27 square feet and 15,049.08 square feet was filed by Mr. Robert Scharbarth; and WHEREAS, a public hearing was conducted on the application on October 10, 1988 and December 12, 1988; and WHEREAS, the Community AdYisory Board considered: 1. The Tentative Parcel Map submitted by the applicant; 2. The Staff Report dated October 5, 1988 and December 7, 1988; 3. Oral testimony submitted at the hearing; and \..--j 4. Written evidence submitted at the hearing; and WHEREAS, the Board made the following findings: (a) That the Tentative Parcel Map is consistent with the General Plan, because the subject property is designated for single family residential deyelopment at 2.9 dwelling units per acre. (b) That the design or improvement of the proposed subdivision is consistent with the General Plan, because the design of the subdivision is to allow for single family residential development, and its improvement with such homes is consistent with the General Plan. (c) That the site is physically suitable for the type of development, because the subject property is a site in an area which will support this type of development. (d) That the site is physically suitable for the proposed densi ty of development, because all of the resulting lots are of a size which can accommodate single family dwellings. (e) That the design of the subdivision or the proposed improvements are not likely to cause substantial '------ environmental damage or substantially and avoidably injure fish or wildlife or their habitat, because no CO/04/CRO4-146wp51(1-3-89) sensitiye biological habitats haye been identified which would be impacted by this subdivision and the proposal has been found categorically exempt from environmental review pursuant to the state CEQA Guidelines. '- (f) That the design of the subdivision or type of improyements is not likely to cause serious public health problems, because letters of water availability have been obtained for the subject property, and each lot has been certified as being able to accommodate the sewage generated by a single family dwelling by the San Diego County Department of Environmental Health. (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. (h) In accordance with 66473 and 66474.2 of the Act, the map complies with the requirements or conditions imposed by the City's Subdiyision Ordinance and the Act. (i) The proposed subdivision is entirely within the corporate boundaries of the city. NOW THEREFORE, BE IT RESOLVED that 88-248 TPM is hereby approved subject to the following conditions: 1. 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. 2. Prior to permit issuance, the developer shall provide evidence of a Coastal Development Permit or Notice of Exemption from the California Coastal Commission satisfactory to the Community Development Department. 3. This approval shall expire on December 12, 1991, unless a Final Parcel Map has been recorded prior to that time in substantial reliance thereon, or the approval is extended by the City or operation of law¡ 4. GENERAL CONDITIONS A. This approyal may be appealed to the authorized agency within 10 days from the date of this approval. B. 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. CO/04/CRO4-146wp5 2(1-3-89) C. Project is approved and shall not be altered without Community Advisory Board review and approval. 5. For new residential dwelling unites), 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 . , Dra1nage Fees, and Park Fees. These fees shall be paid: a. Prior to issuance of building permits. 6. The final grading plan shall be subject to review and approval by the Public Works Department and shall be completed prior to issuance of building permit. 7. Improvement plans prepared on standard size sheets by a Registered Civil Engineer shall be submitted for approval by the Director of Public Works. Plan check and inspection expenses shall be paid by the developer. 8. All damaged off-site public works facilities, including parkway trees, shall be repaired or replaced prior to exoneration of bonds and improvements, to the satisfaction of the Department of Public Works. 9. 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. "-.. 10. Developer shall execute and record 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 recordation of the final map. 11. The Property Owner(s) shall sign and record with the County Recorder's Office a Covenant, to run with land ownership, agreeing not to oppose an assessment district for drainage facility improvements to benefit the subject and surrounding properties. 12. 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 adj acent lands, shall be required. Said drainage system shall include any easements and structures as required by the Director of Public Works to properly handle the drainage. The drainage plan shall be determined by the Director of Public Works to not contribute adversely to any drainage improvements recommended by the area wide hydrology study being conducted by the City. 13. Water, sewer, and fire protection systems plans shall be designed and constructed to meet requirements of the City of Encinitas, Fire District, Appropriate Agency and the Health Department of the County of San Diego. CO/04/CRO4-146wp5 3(1-3-89) 14. The final parcel map shall conform to City standards and procedures and the Subdivision Map Act. 15. All provisions of the Subdivision Ordinance of the Encinitas Municipal Code shall be met as they relate to the division of -..- land. 16. All homes within the subdivision shall be connected to the existing sewer line within Rubenstein Avenue. The subdivider shall install or agree 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 shall be constructed or laid prior to paving or provisions shall be 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. 17. The maximum height of any future structures shall be measured per Ordinance 87-80. Therefore, the height shall be measured from the natural grade as defined on plans submitted prior to any grading on the site. The grading plan shall be submitted to, and approved by, the Cardiff Community Advisory Board prior to the issuance of a grading permit. PASSED AND ADOPTED this 12th day of December, 1988, by the following vote, to wit: '---- AYES: Crosthwaite, Shannon, Orr, Barker NAYS: None ABSENT: None ABSENT: None ~ ~ Ann Shannon, Chairperson of the ardiff Community Advisory Board ATTEST: ~c. e.. oQ~ Craig Olson, Assistant Planner '-- CO/04/CRO4-146wp54(1-3-89)