Loading...
1989-30 536 Fourth St RESOLUTION NO. PC89-30 A RESOLUTION OF THE ENCINITAS PLANNING COMMISSION APPROVING A TENTATIVE PARCEL MAP TO CREATE A ONE LOT AIRSPACE CONDOMINIUM FORM OF OWNERSHIP FOR A BLUFF TOP DUPLEX ON THE WEST SIDE OF FOURTH STREET BETWEEN "D" AND "E" STREETS AT 536 FOURTH STREET (Application 89-071 TPM) WHEREAS a request for a Tentative Parcel Map to create a one lot airspace condominium form of ownership for a duplex was filed by Rob Coury on the property legally described as Lots 5 and 12 in Block 41 of Encinitas, according to the Map thereof, No. 148, filed in the Office of the San Diego County Recorder; and WHEREAS, a public hearing was conducted on the application on August 17, 1989 by the Old Encinitas Community Advisory Board, at which time the application was denied by virtue of a tied 2-2 vote; and WHEREAS, the item was appealed by the applicant on August 21, 1989 and Initial Consideration went before the Planning commission on September 7, 1989 and Administrative Hearing was held by the commission on September 26, 1989; and WHEREAS, the Planning Commission considered: 1. The staff reports dated August 2, 1989, August 30,1989, and September 18, 1989; 2. The proposed Tentative Parcel Map submitted by the applicant; 3. Oral testimony submitted at the administrative hearing; 4. written testimony submitted at the administrative hearing; CASE NO. 89-071 TPM Page 1 of 10 tc/04/cab16-1422wp5 1(10/24/89-3) RESOLUTION NO. PC89-30 WHEREAS, the Planning Commission found that the findings discussed in attachment "A" can be made in this instance. NOW THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Encinitas that Tentative Parcel Map 89-071 TPM is hereby approved subject to the following conditions: SEE ATTACHMENT "B" BE IT FURTHER RESOLVED by the Planning commission of the city of Encinitas that: This project was found to be exempt from environmental review, Section 15315. CASE NO. 89-071 TPM Page 2 of 10 tc/04/cab16-1422wp52(10/24/89-3) RESOLUTION NO. PC89-30 PASSED AND ADOPTED this 26th day of September, 1989, by the following vote to wit: AYES: Bagg, Shannon, Fernald, Dean NAYS: Couglar ABSENT: None ABSTAINING: None ATTEST: Commission CASE NO. 89-071 TPM Page 3 of 10 tc/04/cab16-1422wp5 3(10/24/89-3) RESOLUTION NO. PC89-30 ATTACHMENT "A" ENCINITAS COMMUNITY PLANNING COMMISSION RESOLUTION NO. PC89-30 (Findings Pursuant To section 24.01.080 Municipal Code For Subdivisions) 1. The authorized agency makes any of the findings contained in section 66474 of the Act. 1. (a) That the proposed map is not consistent with applicable general and specific plans as specified in Section 65451. Evidence: At approximately 8,000 net sq. ft., this site exceeds the minimum 5,000 net sq. ft. lot size necessary to facilitate a 2 unit dwelling under the Residential 11. 01-15 du/ac land use designation. There is presently no applicable specific plan. (b) That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans. Evidence: Use of the subject property for a 2 unit dwelling is expressly allowed under the R15 zoning regulations applicable to the property. The duplex for which this condominium map has been filed was found to be in substantial compliance with the City's adopted design criteria by the Planning Commission at their meeting of September 26, 1989. The condominium map will consolidate two legal lots as provided for under the city of Encinitas Subdivision Ordinance and State subdivision law. (c) That the site is not physically suitable for the type of development. Evidence: Based upon a geologic analysis of the site performed by Ketchum Engineering dated April 3, 1989 and an addendum by Daryl Streiff, a consulting engineering geologist dated April 5, 1989, it was concluded that the project would not cause nor be subject to bluff failure within its economic lifetime. That conclusion was verified by a consulting geologist for the City, GeoSoils Inc. The site (east of the bluff face) is nearly level and suitable to accommodate the two unit dwelling. CASE NO. 89-071 TPM Page 4 of 10 tc/04/cab16-1422wp5 4(10/24/89-3) RESOLUTION NO. PC89-30 (d) That the site is not physically suitable for the proposed density of development. Evidence: The subject site is 8,000 sq. ft. in area, nearly level, and, based upon the geologic report referenced under finding l(c) above, can easily facilitate two units of the size proposed. (e) That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. Evidence: The Planning Commission found in certifying the 89-064 DR/EIA Negative Declaration for the duplex (application 88-064 DR/EIA), that the project will have no significant adverse impacts on the environment, or on fish, wildlife, or their habitat. Creation of the condominium form of ownership will result in no other impacts. (f) That the design of the subdivision or type of improvements is likely to cause serious public health problems. Evidence: Letters of both sewer and water availability have been submitted by the applicant, and the subject duplex shall be required to be properly connected to both prior to occupancy. Therefore, the project is not likely to 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 ground supported structure(s) will be located within the 8 ft. public utilities easement to the west of the duplex, and thus will not conflict. No other easements are of record. 2. The City Council and the authorized agency have not taken action in accordance with Section 66474.5 of the Act relating to land projects. CASE NO. 89-071 TPM Page 5 of 10 tc/O4/cab16-1422wp5 5(10/24/89-3) RESOLUTION NO. PC89-30 Evidence: section 66474.5 relates to consistence of maps with specific plans, of which there are none in this instance. 3. In accordance with 66473 and 66474.2 of the Act, the map does not comply with the requirements or conditions imposed by this Title and the Act. Evidence: The condominium map conforms with the requirements of the City's Subdivision Ordinance as required by sections 66473 and 66474.2 of the State Map Act. 4. The proposed subdivision is not entirely within the corporate boundaries of the city. Evidence: The subject property is within the boundaries of the City of Encinitas. 5. 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: As noted under finding l(f), the project is served by public sewer and will thus not have anyon-site sewage disposal system. CASE NO. 89-071 TPM Page 6 of 10 tc/04/cab16-1422wp5 6(10/24/89-3) RESOLUTION NO. PC89-30 STANDARD CONDITIONS OF APPROVAL Subject: TPM to create condominium ownership for bluff top duplex Applicant: Coury Location: 536 Fourth Street Case No.: 89-071 TPM CITY OF ENCINITAS 1. GENERAL CONDITIONS A. Permits from other agencies will be required as follows: California Coastal commission B. Project is approved as submitted/modified and shall not be altered without Old Encinitas Community Advisory Board review and approval. C. If occupancy of the units is permitted prior to recordation of a final map, the applicant shall provide satisfactory evidence to the Community Development Department that Government Code section 66452 have been satisfied relating to tenant notification. APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS D THROUGH F: 2. SITE DEVELOPMENT D. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval contained herein shall be completed to the satisfaction of the Director of Community Development. 3. GENERAL REOUIREMENTS AND APPROVALS E. Final parcel and tract maps shall conform to City standards and procedures and the Subdivision Map Act. CASE NO. 89-071 TPM Page 7 of 10 tc/O4/cab16-1422wp5 7(10/24/89-3) RESOLUTION NO. PC89-30 F. 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. These fees shall be paid prior to (as applicable): a. Final map approval. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: (ITEMS G THROUGH Q): 4. STREETS AND SIDEWALKS (The authorized agency may modify city Standards in particular cases. The application of a request for such modification must show special circumstances or conditions affecting the property in question; and that such modification is necessary for the preservation and enjoyment of a substantial property right of the applicant; and that the modification will not be materially detrimental to the public welfare or injurious to other property in the immediate vicinity pursuant to Municipal Code(s).) G. Street improvements that include, but are not limited to: _X- a. Sidewalks f. Cross gutter _X- b. Driveways -g. Alley gutter c. Wheel chair ramps h. Street paving -d. Curb and gutter 1. Alley paving - e. Street signs -j. Street lights - k. Pavement markers shall be completed prior to the occupancy of the units to the satisfaction of the Director of Public Works. H. 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. 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. CASE NO. 89-071 TPM Page 8 of 10 tc/04/cab16-1422wp5 8(10/24/89-3) RESOLUTION NO. PC89-30 5. DRAINAGE AND FLOOD CONTROL J. A drainage system capable of handling and disposing of all surface water originating within the development, and all surface waters that may flow onto the development from adjacent lands, shall be required. Said drainage system shall include any easements and structures as required by the Director of Public Works to properly handle the drainage. K. Concentrated flows across driveways and/or sidewalks shall not be permitted. 6. STANDARD MAP CONDITIONS (Chapter 24.16 of the Municipal Code) L. That the subdivider install or agree to install all drainage and flood control structures and facilities required by the City Engineer, which drainage and flood control structures and facilities shall conform to the City Standards and the General Plan. M. That the subdivider provide all necessary easements and right-of-way to accommodate all streets, drainage and flood control structures and facilities, sewer systems, water systems, cable television and all other required utilities extending beyond the boundaries of the subdivision. N. That the subdivider shall provide that the subdivision be connected to a domestic water system approved by the city and all water system facilities shall be subject to the requirements of the water company or agency serving the subdivision. That the subdivider shall install or agree to install all required water systems necessary to serve the subdivision, including fire hydrants and connections as may be required, and that all water lines, appurtenances and service connections have been constructed or laid prior to paving or provisions have been made to ensure said construction. O. That, where a sewer facility is constructed or laid within a street or road, the subdivider has installed or agreed to install sewer facilities of a type, size and CASE NO. 89-071 TPM Page 9 of 10 tc/04/cab16-1422wp5 9(10/24/89-3) RESOLUTION NO. PC89-30 location approved by the City Engineer to the property line of each lot within the subdivision and that all sanitary sewer lines, appurtenances and service connections have been constructed or laid prior to paving or provisions have been made to ensure said construction; and that all sewer system facilities and construction standards shall be subject to the requirements of the agency providing service to the subdivision. P. That the subdivider comply or agree to comply with all the conditions of approval contained in the resolution approving the tentative tract map and not otherwise provided for by this Chapter. Q. That all required improvements conform to City Standards. CASE NO. 89-071 TPM Page 10 of 10 tc/04/cab16-1422wp5 10(10/24/89-3)