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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.