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1990-03 RESOLUTION NO. C-90-003 A RESOLUTION OF THE CARDIFF-BY-THB-SEA COKHtJHITY ADVISORY BOARD APPROVING A TENTATIVE PARCEL MAP TO CREATE THREE PARCELS FROM AN EXISTING 1.07 ACRE SITE LOCATED AT 1470 RUBENSTEIN AVENUE (CASE NO. 89-244 TPM) WHEREAS, a Tentative Parcel Map to subdivide an existing 1.07 acre site into three lots ranging in size from 10,066 to 15,453 square feet (net) was filed by Mr. Daniel Samarin; and WHEREAS, the property is located at 1470 Rubenstein Avenue, and legally described as follows: (See Attachment "A") WHEREAS, a public hearing was conducted on the application on January 22, 1990; and WHEREAS, the Community Advisory Board considered: 1. The Tentative Parcel Map submitted by the applicant; 2. The Staff Report dated January 17, 1990; 3. Oral testimony submitted at the hearing; and 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; Evidence: The property is designated Residential 5.01 - 8.00 units/acre on the Land Use Policy Map of the General Plan. The Tentative Parcel Map proposes to create three lots which exceed minimum lot sizes for high and mid- range density. The Parcel Map conforms to General Plan and Zoning Code requirements and project density is 3.7 dwelling units per acre (net). (b) That the design or improvement of the proposed subdivision is consistent with applicable General and Specific Plans; CO/5/CR06-451wp5 (1-25-90\3) PAGE 1 OF 9 Evidence: The design on the three lots proposed is such that they can accommodate single family residential development, outside of setbacks, and otherwise satisfy applicable General Plan policies and density requirements. (c) That the site is physically suitable for the type of development; Evidence: The applicant has provided "will serve" letters from the Sanitation, Fire, Water, and School Districts, as well as a percolation study for the subject property. No reason has been identified why the site cannot physically facilitate single family residential development. Future development proposals would be subject to Uniform Building and Fire Codes as well as appropriate grading approvals subject to City Ordinance. (d) That the site is physically suitable for the proposed density of development; Evidence: The density of development will support single family residential use in conformance with General Plan standards and is below low-range density for the residential 5.01 - 8.00 DulAc District. (e) That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental change or substantially and avoidably injure fish or wildlife or their habitat; Evidence: Having identified no aspects in which this proposal could have any significant adverse impacts on the environment, the Board has found the project to be categorically exempt from further environmental review under section 15315 of the State CEQA. (f) That the design of the subdivision or type of improvements is not likely to cause serious public health problems; Evidence: Public utilities, including Water and Sewer, are available to the site and no serious public health problems are anticipated to occur due to the subdivision requested. (g) That the design of the subdivision or 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 since no such easements are in conflict with the parcel map. CO/5/CR06-451wp5(1-25-90\3) PAGE 2 OF 9 (h) In accordance with 66473 and 66474.2 of the Act, the map complies with the requirements or conditions imposed by the City's Subdivision Ordinance and the Act. (i) The proposed subdivision is entirely within the corporate boundaries of the city. NOW THEREFORE, BE IT RESOLVED THAT 89-244 TPM is hereby approved subject to the following conditions: (1) GENERAL CONDITIONS A. This approval may be appealed to the authorized agency within 15 calendar 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. C. Project is approved as submitted and shall not be altered without Community Advisory Board review and approval. D. 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, Fire District Fees, and Park Fees. These fees shall be paid prior to issuance of building permits; or prior to final building inspection approval, as determined by the concerned agency or department. E. Prior to Final Map Recordation, the existing structure shall be remodeled to conform to setback requirements of Parcel 3 to the satisfaction of the Director of the Planning and Community Development Department. A covenant may be recorded to require the existing structure to be remodeled after final map approval, but prior to issuance of any permits to construct on parcels 1 and 2. F. The Property Owner(s) shall sign and record with the County Recorder's Off ice 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. G. Prior to building permit issuance on the subject property, a grading plan shall be submitted to, and approved by, the Cardiff Community Advisory Board at a CO/5/CR06-451wp5 (1-25-90\3) PAGE 3 OF 9 noticed public hearing. Grading shall conform to the natural terrain of the property to the fullest extent possible. The remodel of the existing dwelling on parcel 3 may not require a grading permit, as to be determined by the City Engineer. (2) SAN DIEGUITO WATER DISTRICT: Developer shall contact the Water District prior to final parcel map approval regarding compliance to the following conditions: A. The plans and specifications for the installation of a water system to serve each lot independently with public water must be approved by the San Dieguito Water District. B. The developer shall install the water system according to San Dieguito Water District standards, and dedicate to the serving water district the portion of the water system which is to be public water. C. The developer shall comply with the County, City of Encinitas and San Dieguito Water District standards and policies, and conditions contained in a secured agreement to install the water system concurrent with project need. D. The developer shall dedicate to San Dieguito Water District all necessary easements for that portion of the water system which is to be public water. E. Adequate water service shall be committed for this project prior to final approval/map recordation of the subdivision map and shall be available concurrent with project need. F. All buildings in this project shall be connected to public water according to the water permit and approval process of the San Dieguito Water District. G. Water and sewer lines shall not be laid in the same trench in any part of this project development. (3) FIRE PREVENTION DISTRICT: Developer shall contact the Encinitas Fire Prevention District prior to final parcel map approval regarding compliance to the following conditions: A. Maximum grade of access road shall not exceed 20%. B. Prior to delivery of combustible building materials on site, water and sewer systems shall satisfactorily pass all required tests and by connected to the public water and sewer systems. In addition, the first lift of asphalt paving shall be in place to provide adequate, CO/5/CR06-451wp5 (1-25-90\3) PAGE 4 OF 9 permanent access for emergency vehicles. said access shall be maintained to the satisfaction of the Fire District. c. All designated emergency access roads shall be posted pursuant to the Fire District standards. D. 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. E. Numbers shall be clearly visible from the street fronting the structure. Where structures are located off a roadway on long driveways, a monument shall be placed at the entrance where the driveway intersects the main roadway. Address numbers shall be displayed on this monument. F. structures shall be protected by automatic fire sprinkler systems. sprinkler systems shall be installed to the satisfaction of the Encinitas Fire Prevention District. G. 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. H. 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". (4) Building DeÞartment: Developer shall contact the Encinitas Building Department prior to Final Parcel Map approval regarding compliance to the following conditions: A. Provide compliance with the Uniform Building code for property line clearances considering use, area and fire resistance of existing buildings. B. The existing building shall be made to comply with current building and zoning regulations for the intended use or the building shall be demolished with appropriate permits. C. Existing sewage disposal facilities shall be removed, filled and/or capped to comply with appropriate grading practices and the Uniform Plumbing Code. CO/5/CR06-451wp5 (1-25-90\3) PAGE 5 OF 9 D. Prior to the building department approving the connection of 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 andlor water systems were designed and constructed in accordance with the utility district or agency standards for public systems. (5) city Encrineer: Developer to contact the Public Works Department regarding compliance with the following conditions: Grading Conditions A. 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. Drainage Conditions B. 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. C. Concentrated flows across driveways andlor sidewalks shall not be permitted. street Conditions D. 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 this 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. E. Rubenstein Avenue shall be dedicated by the developer along the subdivision frontage based on a center line to right-of-way width of 30 feet and in conformance with City of Encinitas Standards. CO/5/CR06-451wp5 (1-25-90\3) PAGE 6 OF 9 F. Reciprocal access and/or maintenance 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. G. 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. H. 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 of access to the project in conformance with the City of Encinitas private road standards. I. 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. J. The design of all private streets and drainage systems shall be approved by the City Engineer prior to APPROVAL OF THE FINAL MAP 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 deposit is required. utilities K. The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. L. The Subdivider shall provide separate sewer, water, gas, and electric services with meters to each of the parcels. M. The developer shall be responsible for coordination with S.D.G. & E., Pacific Telephone, and Cable TV authorities. N. All proposed utilities within the project shall be installed underground including existing utilities unless exempt by the Municipal Code. CO/5/CR06-451wp5 (1-25-90\3) PAGE 7 OF 9 O. The developer shall be responsible for the relocation and undergrounding of existing public utilities, as required. MaD P. This proj ect is approved specifically as one (single) phase. (6) Prior to grading/building 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. (7) This approval shall expire on January 22,1992, unless a Final Parcel Map has been recorded prior to that time in substantial reliance thereon, or the approval of the Tentative Map is extended by the City or operation of law. BE IT FURTHER RESOLVED by the Cardiff-by-the-Sea Community Advisory Board of the City of Encinitas that: This project was found to be exempt from environmental review, Section 15315 of CEQA. PASSED AND ADOPTED this 22nd day of January, 1990, by the following vote, to wit: AYES: Orr, MacManus, McCabe, Barker NAYS: None ABSENT: Crosthwaite ABSTAIN: None CE BARKER, Chairperson of the Cardiff-by-the-Sea Community Advisory Board A7A f? ~ Ie.. . ~ Craig R. Olson Assistant Planner CO/5/CR06-451wp5 (1-25-90\3) PAGE 8 OF 9 ATTACHMENT "A" Legal Description Lot 16 of Ridgeway Heights, in the City of Encinitas, County of San Diego, state of California, according to Map thereof Number 2136, filed in the Office of the County Recorder of San Diego County on July 3, 1929, and as shown on Record of Survey of said Ridgeway Heights, filed for the purpose of correcting errors in the original Map, being Record of Survey No. 1193, filed in said County Recorder's Office on September 20, 1945, excepting that portion lying Southerly of the following described line: Beginning at the Northeast corner of Parcell of Parcel Map 12550, filed in the said County Recorder's Office on February 3, 1983, as amended by Record of Survey No. 9985, filed in said County Recorder's Office on March 28, 1985; thence South 78°34'47" West, along the NOrth boundary of said Parcel 1, 158.37 feet to the Northwest corner thereof, thence South 11°15'13" East, along the West line of said Parcell, 1.65 feet to an intersection with the line between the two 2\ inch galvanized iron pipes with discs stamped LS 4368 shown on Record of Survey No. 11124, filed in said County Recorder's Office on July 9, 1987; thence South 78°06'57" West, along said line and the Westerly prolongation thereof, 350.59 feet to the West line of said Lot 16. This legal description was prepared by Jon Blake, LS 4368, expo 9/30/93, pursuant to a request for a boundary line adjustment. This boundary line adjustment is part of a settlement of a boundary line dispute. CO/5/CR06-451wp5 (1-25-90\3) PAGE 9 OF 9