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;
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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.
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(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
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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,
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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.
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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.
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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.
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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.
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