1992-02
RESOLUTION NO. C92-02
A RESOLUTION OF THE CARDIFF COMMUNITY ADVISORY BOARD
APPROVING A
TENTATIVE PARCEL MAP
TO ALLOW A TWO LOT SUBDIVISION OF A .76 ACRE PARCEL
AND A MINOR USE PERMIT
TO ALLOW THE CONVERSION OF AN EXISTING UNIT
INTO AN ACCESSORY APARTMENT
FOR PROPERTY BEING THE SOUTHERLY HALF OF LOT 6 OF
RIDGEWAY HEIGHTS ACCORDING TO MAP THEREOF NO. 2163
FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER
OF SAN DIEGO COUNTY ON JULY 3,1929
COMMONLY KNOWN AS 1371 RUBENSTEIN AVENUE
(CASE NUMBER 91-096 TPM/MIN; DUANE H. KNUTSON)
WHEREAS, a request for consideration of a Tentative Parcel Map
and Minor Use Permit was filed by Duane Knutson to allow a 2 lot
subdivision of an existing .76 gross acre parcel, and a Minor Use
Permit to allow the conversion of an existing unit into an
Accessory Apartment in the R3 zone in accordance with Chapters 24
and 30.74 of the City of Encinitas Municipal Code, for the property
located at 1371 Rubenstein Avenue, legally described as:
The southerly one-half of Lot 6 of RIDGEWAY HEIGHTS, according
to Map thereof No. 2163, filed in the office of the County
Recorder of San Diego County on July 3, 1929, said Southerly
half being all of lot 6, excepting therefrom the following
described parcel:
Beginning at the Northwesterly corner of said Lot 6; thence
North 78 degrees 42' 10" East along the Northerly line of said
lot, 344.94 feet to the Northeasterly corner thereof; thence
South 1 degree 100' West along the Easterly line of said lot
98.90 feet; thence South 78 degrees 42' 10 " West, 323.87 feet
to a point on the westerly line of said Lot 6: thence North 11
degrees 17' 50" West along said Westerly line 96.63 feet to
the point of beginning.
WHEREAS, a public hearing was conducted on the application on
February 24, 1992 by the Cardiff Community Advisory Board, and;
WHEREAS, the Community Advisory Board considered:
1. The staff report with attachments dated February 19,1992:
2. Application and Tentative Parcel Map dated received
February 12, 1992, and application for Minor Use Permit
dated received December 18, 1992:
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 Chapters 24.01.080 and 30.74.070 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-
096TPM/MIN 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 24th day of February, 1992, by the
following vote, to wit:
AYES: Anderson, Cruz, Grossman, Torn
NAYS :,:None
ABSENT: None
ABSTAIN: Hall
êj e.- :ç~---~-=,,~-
Calvin F. Tom
Chairperson of the
Cardiff Community
Advisory Board
ATTEST:
i '~J' -:(" 'd" ' ," / ,
IJl.r.,( f/ß"/ ÞI,:"r/-~!
J i Kennfidy /
Junior planner ,/
/
JK/91096TPM/MIN.RES (1/23/92)
ATTACHMENT nAn
Resolution No. CARD 92-
Case No. 91-096 TPM/MIN
FINDINGS
I.
Findings for a Tentative Parcel Hap:
a.
That the proposed map is consistent with applicable
general and specific plans as specified in section 65451
of the Subdivision Map Act.
Facts: There is no applicable specific plan. The 2.6
dwelling unit per acre density of the proposed
subdivision is within the allowable density range of the
R3 Zone.
Discussion: There is no applicable specific plan. The
2.6 dwelling unit per acre density of the proposed
subdivision is within the allowable density range of the
R3 Zone.
Conclusion: The Board finds that, 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.
Facts: No specific plans apply to the project. The
proposed lot dimensions and access easement satisfy City
standards for the R3 zone.
Discussion: No specific plans apply to the project. The
proposed lot dimensions and access easement satisfy City
standards for the R3 zone.
Conclusion: The Board finds that the project conforms to
the General Plan since all technical requirements are met
per the City's Subdivision Ordinance and the State Map
Act.
c.
That the site is physically suitable for the
development.
type of
Facts: Nearly all of the subject property is on level or
gently sloping terrain.
Discussion:
Nearly all of the subject property is on
JK/91096TPM/MIN.SR
(1-23-92)6
level or gently sloping terrain, and will be suitable
physically for detached single-family type of
development.
Conclusion: The Board finds that the subject site is
physically suitable for future development with a
detached unit since the site is relatively flat and poses
no known development restraints.
d.
That the site is physically suitable for the proposed
density of development.
Facts: The project will result in a density of 2.6
du/ac. The R-3 Zone allows a density of three dwellings
per acre.
Discussion: The project will result in a density of (2.6
du/ac) . The resulting lots will easily accommodate
single-family homes as intended. Acceptable building
envelopes for the two subject lots will be created as a
result of this subdivision.
Conclusion: The Board finds that the proposal will
result in an acceptable density since the project density
will be 2.6 du/ac in the R-3 Zone.
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.
Facts: The project is exempt from Environmental 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%.
Discussion: No aspect of the subdivision has been
identified which could result in any significant adverse
environmental impact.
Conclusion: The Board finds that the project is exempt
from Environmental Review and that no adverse
environmental impacts will result from the subdivision.
f.
That the design of the subdivision or the type of
improvements is not likely to cause serious public health
problems.
Facts: The applicant has obtained letters of sewer and
water availability and all public utilities and services
JK/91096TPM/MIN.SR
(1-23-92)7
are in place to serve the project.
Discussion: All applicable services required by the
subdivision can be provided, therefore, the project will
not cause serious public health problems.
g.
Conclusion: The Board finds that since all necessary
services can be provided for the subdivision, and since
no other adverse health impacts can be identified with
the project, the subdivision is not likely to cause any
adverse health impacts.
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.
Facts: No easements have been identified on the subject
property.
Discussion: No easements have been identified on the
subject property.
Conclusion: The Board finds that the proposed
subdivision will have no conflict with any easements
since no easements have been identified on the subject
property.
h.
The Final or Parcel Map is not in substantial compliance
with the previously approved Tentative Map.
Conclusion: 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.
Conclusion: The City Council has not acted to revert the
subject property to acreage.
j.
In accordance with sections 66473 and 66472.5 of the Map
Act, the Map does not comply with the conditions or
requirements imposed by Title 24 and the Map Act.
Facts: The subdivision meets all Map Act and Municipal
Code standards in effect at the time the application was
deemed to be complete.
Discussion: The subdivision meets all Map Act and
Municipal Code standards in effect at the time the
application was deemed to be complete.
JK/91096TPM/MIN.SR
(1-23-92)8
Conclusion: The Board finds that the proposed
subdivision meets all the Map Act and Municipal Code
standards in effect.
k.
The proposed subdivision is not entirely within the
corporate boundaries of the city.
Conclusion:
boundaries.
The subject property is entirely within City
1.
The property is served by an on-site sewage disposal
system and the health Department has certified that the
system is satisfactory to support the proposed
subdivision.
Conclusion: The subject property will be served by off-
site sewer facilities in place and available to the
property.
II.
Findings for a Hinor Use Permit:
a.
The location, size, design or operating characteristics
of the proposed proj ect will not be incompatible with and
will not adversely affect and will not be materially
detrimental to adjacent uses, residences, buildings,
structures or natural resources, with consideration given
to, but not limited to:
(l)
(2)
The adequacy of public facilities, services and
utilities to serve the proposed project:
The suitability of the site for the type and
intensity of use or development which is proposed;
and
The harmful effect, if any, upon environmental
quality and natural resources of the City.
(3)
Facts: The proposed Accessory Apartment will be
adequately served by public facilities, will conform with
density requirements, and is exempt from Environmental
Review.
Discussion: The project will be adequately served by all
necessary facilities, will conform to density
requirements, and constitutes a land use which is
compatible with the surrounding residential character.
Conclusion: The Board finds that the proposed Accessory
Apartment will be served adequately by public facilities,
will be suitable for type and intensity of use, and will
be exempt from Environmental Review.
JK/91096TPM/MIN.SR
(1-23-92)9
b.
The impacts of the proposed project will not adversely
affect the policies of the Encinitas General Plan or the
provisions of this Code.
Facts: The proposed Accessory Apartment will not be
counted as a unit for density purposes. However, the
zoning Code requires that Accessory Apartments are
limited to a maximum size of 640 Square feet (Section
30.48. 040W) .
Discussion: The proposed Accessory Apartment will not be
counted as a unit for density purposes. However, the
zoning Code requires that Accessory Apartments are
limited to a maximum size of 640 Square feet (section
30.48. 040W) . The proposed Accessory Apartment is an
existing unit which is approximately 670 square feet in
size. This approval requires that, prior to final
recordation of the associated Parcel Map, the issue of
excessive square footage (of the Accessory Apartment) be
addressed in one of three ways:
1. The applicant cause to be recorded a covenant
which limits occupancy to elderly (62 yrs. or
older); or
2. Reduce the interior square footage of the
Accessory Apartment to the 640 sq. ft. limit: or
3. Process a
additional size.
variance
application
for
the
Conclusion: The Board finds that the proposed Accessory
Apartment will not adversely affect the policies of the
Encinitas General Plan with the implementation of one of
the above listed remedies.
c.
The project complies with all other regulations,
conditions or policies imposed by this Code.
Conclusion: The Board determines that the subject
proposal will comply with all other requirements of this
Code.
JK/91096TPM/MIN.SR
(1-23-92)10
Applicant:
Case No.
subject:
Location:
ATTACHMENT "B"
CONDITIONS OF APPROVAL
Duane Knutson
91-096 TPM/MIN
Conditions of approval for Tentative Parcel Map for
a lot split and a Minor Use Permit for an Accessory
Apartment
Located at 1371 Rubenstein Avenue
1.
GENERAL CONDITIONS
A.
B.
c.
D.
E.
F.
G.
This approval will expire on February 24, 1994, 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 agent
within 15 days from the date of this approval.
The project is approved as submitted and shall not be
altered without review and approval by the authorized
agency.
Nothing in this permit shall relieve the applicant from
complying with the conditions and regulations generally
imposed upon activities similar in nature to the activity
authorized by this permit:
Approval of this request shall not waive compliance with
any sections of the Zoning Code and all other applicable
city Ordinances in effect at the time of Building Permit
issuance.
The applicant shall comply with the latest adopted
Uniform building Code, Uniform Mechanical Code, Uniform
Plumbing Code, National Electric Code, Uniform Fire Code,
and all other applicable codes and ordinances in effect
at the time of building permit submittal.
For new residential dwelling(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. These fees shall be
paid:
1.
Prior to final map approval: or
JK/91096TPM/MIN.RES (1/23/92)
H.
I.
2.
Prior to building permit issuance: or
3.
Prior to issuance of a certificate of Occupancy.
As determined by the affected Department or Agency.
Permits from other agencies will be required as follows:
- California Coastal Commission
The applicant shall cause to be recorded a covenant
regarding real property which sets forth this grant of
approval. The covenant shall be in form and content
satisfactory to the Director of Planning and Community
Development.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND
COMMUNITY DEVELOPMENT REGARDING COHPLIANCE WITH THE FOLLOWING
CONDITIONS:
2.
SITE DEVELOPHENT
A.
Prior to issuance of building permits, all appropriate
conditions of approval contained herein shall be
completed to the satisfaction of the Director of
Community Development. Other conditions shall be
satisfied prior to final inspection.
B.
All cost recovery fees associated with the processing of
the subject application shall be paid to the Department
of Planning and community Development prior to the
issuance of building permits.
C.
Prior to final recordation of the Parcel Map,
applicant shall perform one of the following:
the
1. Reduce the interior square footage of the Accessory
Apartment to a maximum of 640 sq. ft.: or
2. Submit and
application: or
receive
variance
approval
of
a
3. Cause to be recorded a covenant which limits
occupancy of Accessory Apartment to elderly persons (62
yrs. or older)
D.
Cause to be recorded a covenant with the County Recorder
which will state that the new lots are effectively
merged, until such time that the City causes said
covenant to be removed. Covenant shall require that all
existing on-site structures shall be brought into
physical conformity with current setbacks prior to
JK/91096TPM/MIN.RES (1/23/92)
issuance of any permits for any development on easterly
parcel 2.
THESE ITEHS HUST BE COHPLETED PRIOR TO FINAL FIRE DISTRICT
APPROVAL. APPLICANT SHALL CONTACT THE ENCINITAS FIRE
PROTECTION DISTRICT REGARDING COMPLIANCE WITH THE FOLLOWING
CONDITIONS:
3.
FIRE
A.
B.
ACCESS ROADWAYS: The clear and unobstructed paved width
of a fire access roadway shall not be less than 24 ft.
EXCEPTION: A roadway providing access to a single family
residence shall not be less than 16 ft. in paved width.
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.
COMBUSTIBLE MATERIALS: Prior to delivery of combustible
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 a permanent all weather access for emergency
vehicles. Said access shall be maintained to the
satisfaction of the Fire District.
D.
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 shall be placed at the entrance where the driveway
intersects the main roadway. Permanent numbers shall be
affixed to this marker.
E.
Prior to the issuance of building permits or 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.
F.
Future structures shall be protected by an automatic fire
sprinkler system. Sprinkler system shall be installed to
the satisfaction of the Fire District.
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
JK/91096TPM/MIN.RES (1/23/92)
4.
Public Works
Gradinq Conditions
A.
B.
C.
The Developer shall obtain a grading permit prior to the
commencement of any clearing or grading of the site.
All City Codes, regulations, and policies in effect at
the time of final map submittal shall apply.
All newly created slopes within this project shall be no
steeper than 2:l.
Drainaqe Conditions
E.
D.
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.
Concentrated flows across driveways and/or sidewalks
shall not be permitted.
F.
The owner of the subject property shall execute a hold-
harmless covenant regarding drainage across the adjacent
property prior to approval of (THE FINAL MAP/ANY GRADING
OR BUILDING PERMIT) for the project.
street Conditions
H.
G.
The developer shall make an offer of dedication to the
city for all public streets and easements required by
these conditions as 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.
Three (3) feet shall be dedicated by the developer along
the subdivision frontage based on a center line to right-
of-way width of 28 ft. and in conformance with City of
Encinitas standards.
I.
The developer shall obtain the City Engineer's approval
of the proj ect improvement plans and enter into a secured
agreement with the City for completion of said
improvements prior to issuance of any building permit
JK/91096TPM/MIN.RES (1/23/92)
with this project. The improvements shall be constructed
and accepted for maintenance by the City Council prior to
occupancy on any building permit for any unit within the
project. The improvements are: 18 ft. half street a.c.,
curb and sidewalk for Rubenstein Avenue.
utilities
J.
K.
M.
Map
The developer shall comply with all the rules,
regulations and design requirements of the respective
utility agencies regarding services to the project.
L.
The developer shall be responsible for coordination with
S.D.G & E, Pacific Telephone, and Cable TV authorities.
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.
N.
This project will be approved specifically as 1 (single)
phase.