1991-21
RESOLUTION NO. C91-21
A RESOLUTION OF THE CARDIFF
COMMUNITY ADVISORY BOARD APPROVING A
TENTATIVE PARCEL MAP
TO ALLOW A THREE LOT SUBDIVISION
OF A 2.23 ACRE PARCEL LOCATED
AT 1332 & 38 RUBENSTEIN AVENUE IN CARDIFF
(CASE NUMBER 91-103 TPM)
WHEREAS, a request for consideration of a Tentative Parcel Map
was filed by Tadao Ito to allow a 3 lot subdivision of an existing
2.23 gross acre parcel in the R3 zone in accordance with Chapter 24
of the City of Encinitas Municipal Code, for the property located
at 1332 & 1338 Rubenstein Avenue, legally described as:
Lot 21 of Ridgeway Heights, according to Map thereof No. 2163,
filed in the Office of the County Recorder of San Diego
County, July 3, 1929.
WHEREAS, a public hearing was conducted on the application on
July 22, 1991 by the Cardiff Community Advisory Board, and;
WHEREAS, the Community Advisory Board considered:
1. The staff report with attachments dated July 17, 1991;
2. The application and Tentative Parcel Map dated received
June 14, 1991;
3. Oral evidence submitted at the hearing;
4. written evidence submitted at the hearing; and
WHEREAS, the Cardiff Community Advisory Board made the
following findings pursuant to Chapter 24.01.080 of the Encinitas
Municipal Code:
(SEE ATTACHMENT "A")
NOW, THEREFORE, BE IT RESOLVED by the Cardiff Community
Advisory Board of the City of Encinitas that application 91-103TPM
is hereby approved subject to the following conditions:
(SEE ATTACHMENT "B")
BE IT FURTHER RESOLVED by the Cardiff Community Advisory Board
of the City of Encinitas that:
This project was found to be exempt from environmental review in
accordance with Sect. 15315 of the California Environmental Quality
Act (CEQA) Guidelines.
PASSED AND ADOPTED this 22nd day of July 1991, by the following
vote, to wit:
AYES: Anderson, Grossman, Tom
NAYS: None
ABSENT: Cruz
ABSTAIN: Hall
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Calvin F. Tom
Chairperson of the
Cardiff Community
Advisory Board
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Craig Olson
Assistant Planner
JK/91103TPM.RES
ATTACHMENT "A"
FINDINGS FOR A TENTATIVE MAP (TITLE 24)
(Case # 91-103TPM)
Findings for a Tentative Map:
a.
That the proposed mqp is consistent with applicable
general and specific plans as specified in section
65451 of the Subdivision Map Act.
Evidence: There is no applicable specific plan. The 1. 68
dwelling unit per acre density of the proposed subdivision is
within the allowable density range of the R3 zone, and is
thus consistent with that zone. Subject to the required
specific and standard conditions, the map will be in full
compliance with the City's Subdivision Ordinance and State Map
Act.
b.
That the design or improvement of the proposed
subdivision is consistent with applicable general
and specific plans.
Evidence: The proposed lot dimensions and access easement
satisfy City standards for the R3 zone.
c.
That the site is physically suitable for the
of development.
type
Evidence: Nearly all of the subject property is on mild to
moderately sloping terrain, and will be suitable physically
for detached single-family type of development.
d.
That the site is physically suitable
proposed density of development.
for
the
Evidence: The project will result in a density of (1.68 du/ac)
and the resulting lots will easily accommodate single-family
homes as intended. No variances are requested with this
application, and acceptable building envelopes for the two
subject lots will result.
e.
That the design of the subdivision or the proposed
improvements are not likely to cause substantial
environmental damage or substantially or avoidably
injure fish or wildlife or their habitat.
Evidence: Having identified no aspect of the subdivision which
could result in any significant adverse environmental impact,
the Board has found the proj ect to be exempt from further
JK/91103TPM.SR
review pursuant to Sect. 15315 of the California Environmental
Quality Act (CEQA) , which exempts minor subdivisions in urban
areas where the average slope of the site does not exceed 20%.
f.
That the design of the subdivision or the type of
improvements is not likely to cause serious public
health problems.
Evidence: The applicant has obtained letters of sewer and
water availability and all public utilities and services are
in place to serve the project. Therefore, the project will not
cause serious public health problems.
g.
That the design of the subdivision or the type of
improvements will conflict with easements, acquired
by the public at large, for access through or use
of, property within the proposed subdivision.
Evidence: No such easements have been identified on the
subject property which would be adversely impacted by this
proposal.
h.
The Final or Parcel Map is in substantial
compliance with the previously approved Tentative
Map.
Evidence: Not applicable for consideration of the Tentative
Parcel Map.
i.
The city Council and the authorized agency have not
acted in accordance with section 66747.5 of the act
relating to land projects.
Evidence: The City Council has not acted to revert the subject
property to acreage.
j.
In accordance with sections 66473 and 66472.5 of
the Act, the Map complies with the conditions or
requirements imposed by this Title and Act.
Evidence: The subdivision meets all Map Act standards in
effect at the time the application was deemed to be complete.
k. The resulting parcels are too small to sustain
agricultural use in accordance with section 66747.4 of
the Act.
Evidence: Not applicable as the subject parcel is less that 10
acres in area.
1.
JK/91103TPM.SR
The
subdivision
the
is
proposed
entirely within
corporate boundaries of the city.
Evidence: The
boundaries.
subject
property
is
entirely
within
City
m. The property is served by an on-site sewage disposal
system and the health Department has not certified that
the system is satisfactory to support the proposed
subdivision.
Evidence: The subject property will be served by off-site
sewer facilities in place and available to the property.
JK/91103TPM.SR
Applicant:
Case No:
Subject:
Location:
1.
RESOLUTION NO. C91-21
ATTACHMENT "B"
Ito
91-103 TPM
2 Lot Tentative Parcel Map, Plus Remainder Parcel
1332 & 1338 Rubenstein Avenue
A.
SPECIFIC CONDITIONS
I1.
Prior to final map recordation, the owner shall
execute a covenant to be recorded on the property
requiring that prior to any conveyance or
development of the remainder parcel, a certificate
of Compliance shall be recorded for said lot, and
that any future subdivision of the remainder parcel
into 3 or more lots shall require approval of a
Major Subdivision Map.
1.
STANDARD CONDITIONS
GENERAL CONDITIONS
A.
B.
D.
This approval will expire in two years, on July 22,
1993, at 5:00 p.m., unless the conditions have been
met or an extension has been approved by the
Authorized Agency.
This approval may be appealed to the authorized
agency within 15 calendar days from the date of
this approval.
C.
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 unless
specifically waived here.
Permits from other agencies will be required as
follows:
Coastal commission
JK/02/CR09-837wp5113(7/18/91)
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND COMMUNITY
DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
2.
A.
SITE DEVELOPMENT
B.
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, and Park Fees. Arrangements to pay these
fees shall be paid prior to Final Map approval, as
deemed necessary by the appropriate agency.
Street names shall be approved by the City prior to
the recordation of the final map, and street
addresses shall be provided prior to the issuance
of building permits.
C.
Any change to the natural drainage or concentration
of drainage shall be adequately handled and shall
not impact adjacent properties.
APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
3.
FIRE
A.
D.
E.
ACCESS ROADWAYS: The clear and unobstructed paved
width of a fire access roadway shall not be less
than sixteen (16') feet in paved width.
B.
GRADE: The gradient for a fire apparatus access
roadway shall not exceed 20%. The angle of
departure and approach shall not exceed the maximum
allowed by the Fire Chief.
C.
POSTING OF ROADWAYS:
when required shall
standards.
Emergency Access roadways
be posted per department
OBSTRUCTIONS: All traffic lanes shall be a minimum
of twenty-four (24') feet wide during construction
and shall be maintained clear and free of
obstructions during construction in accordance with
Fire District Policy.
ADDRESS NUMBERS: Address numbers shall be clearly
visible from the street fronting the structure.
The height of numbers shall conform to Fire
District Standards. Where structures are located
off a roadway on long driveways, a monument marker
JK/02/CR09-837wp5114(7/18/91)
shall be placed at the entrance where the driveway
intersects the main roadway. Permanent numbers
shall be affixed to this marker.
F.
AUTOMATIC FIRE SPRINKLER SYSTEM: Any new
structure (s) shall be protected by an automatic
fire sprinkler system. Sprinkler systems shall be
installed to the satisfaction of the Fire District.
G.
TENTATIVE MAPS: Maps filed with the District may
require as a standard condition, annexation to the
Fire District.
H.
ZONING CHANGES: All changes in zoning, increases
in density or changes in Fire District conditions
of existing or pending tentative maps may require
annexation into the Benefit Assessment Area.
I.
RECORDATION: Prior to final recordation or
development approval, the applicant shall submit to
the Planning Department 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 Fire District.
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
4.
Grading Conditions
A.
All City codes, regulations and policies in effect
at time of final map shall be adhered to.
B.
No grading permits shall be issued for this
subdivision prior to recordation of the final map.
C.
The grading for this project is defined in Chapter
23.24 of the Encinitas Municipal Code. Grading
shall be performed under the observation of a civil
engineer whose responsibility it shall be to
coordinate site inspection and testing to ensure
compliance of the work with the approved grading
plan, submit required reports to the City Engineer
and verify compliance with Chapter 23.24 of the
Encinitas Municipal Code.
D.
All newly created slopes within this project shall
be no steeper than 2:1.
E.
A soils/geological/hydraulic report (as applicable)
shall be prepared by a qualified engineer licensed
JK/02/CR09-837wp5115(7/18/91)
5.
6.
by the state of California to perform such work
prior to final map approval, or at first submittal
of a grading plan.
Drainaqe Conditions
A.
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. A
drainage easement over the westerly 20 feet of the
remainder parcel shall be dedicated to the public.
B.
Concentrated flows across driveways
sidewalks shall not be permitted.
and/or
street Conditions
A.
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.
B.
Three feet shall be dedicated by the developer
along the subdivision frontage based on a center
line to right-of-way width of 28 feet and in
conformance with City of Encinitas Standards.
C.
Plans, specification, 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 to City Standards to the satisfaction
of the City Engineer:
Half street improvements for Rubenstein Avenue
according to city Standards including 18 feet
of a.c., curb and sidewalk.
D.
Developer shall execute and record a covenant with
the County Recorder agreeing not to oppose the
formation of an assessment district to fund the
JK/02/CR09-837wp5116(7/18/91)
7.
utilities
installation of right-of-way improvements.
A.
B.
C.
F.
8.
Map
The developer shall comply with all the rules,
regulations and design requirements of the
respective utility agencies regarding services to
the project.
All proposed utilities within the project shall be
installed underground including existing utilities
unless exempt by the Municipal Code.
The developer shall be responsible for the
relocation and undergrounding of existing public
utilities, as required.
If private sewer will serve this development then a
maintenance agreement must be executed before
recordation of the Final Map.
This project will be approved specifically as 1
(single) phase.
JK/02/CR09-837wp5117(7/18/91)
A.