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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 (t L- n ,r--< l \ ,,--- - Calvin F. Tom Chairperson of the Cardiff Community Advisory Board ~ST: () vlAtb t2 - (,~.,...-"- 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.