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;
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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
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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.
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