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.
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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)