1988-38 559-569 Hygeia AveRESOLUTION NUMBER.: PC 88-38
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ENCINITAS, APPROVING
A TENTATIVE MAP, TO ALLOW
CONVERSION OF 8 EXISTING RESIDENTIAL UNITS
INTO CONDOMINIUM OWNERSHIP
LOCATED AT 559 THROUGH 569 HYGEIA AVENUE
(CASE NUMBER 88-259 TP)
WHEREAS, a request for consideration of a Tentative Map
was filed by Delbert Pifer to allow conversion of 8 existing
residential units to condominium ownership, as per Chapter
24.01 of the City of Encinitas Municipal and Zoning Codes, for
the property located at 559 through 569 Hygeia Avenue, also
known as Assessor's parcel numbers 256-251-48 and 49, legally
described as;
Parcels 1 and 2 of Parcel Map No. 13734 in the
City of Encinitas, County of San Diego, State of
California. Filed 3/26/85 as F/P 85-099899 of
official records.
WHEREAS, a public hearing was conducted on the application
on October 27 and November 15, 1988; and
WHEREAS, the Leucadia Community Advisory Board and the
Planning Commission of the City of Encinitas considered:
The staff reports dated October 17 and November 7,
1988;
The application and map submitted by the applicant;
Oral evidence submitted at the hearing;
Written evidence submitted at the hearing; and
CASE NUMBER: 88-259 TPM
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The proposed General Plan, Local C°a~tal Plan, Zoning
Se
Codes, and maps.
WHEREAS, the Planning Commission made the following
findings pursuant to the Municipal Code:
SEE ATTACHMENT "A"
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission
of the City of Encinitas that application 88-259 TM 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 15301(k), pursuant to the
California Environmental Quality Act (CEQA), as the proposal is
to convert existing residential units in to condominium
ownership.
PASSED AND ADOPTED this 15th day of November, 1988, by
the following vote, to wit:
AYES: Hano, Bagg, Slater, Fernald, Reed
NAYS: None
Gai/1 Hano, Chairperson
of the Planning Commission
of the City of Encinitas
ATTEST:
BI-~i Weedman, Senior
Planner
CASE NUMBER: 88-259 TPM
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Ao
ATTACHMENT "A"
FINDINGS FOR SUBDIVISIONS
(PURSUANT TO SECTION 24.01.080 OF THE MUNICIPAL CODE)
The authorized agency makes any of the findings contained
in Section 66474 of the Act.
That the proposed map is consistent with applicable
general and specific plans as specified in Section
65451.
Evidence to Consider:
This property is designated as #7 Residential (10.9
dwelling units per acre). The property may be
subdivided as proposed and be fully consistent with
the present General Plan. Map Act 65451 relates to
specific plans only and is thus not relevant here.
The existing development is built at approximately
8.2 units per acre.
That the design or improvement of the proposed
subdivision is consistent with applicable general
and specific plans.
Evidence to Consider:
The design of the subdivision and improvements, for
condominium conversion, is allowed for under the
present General Plan. The policy of the City Council
is that non-conforming structures (including density)
will be allowed to rebuild should they be destroyed;
therefore the proposed conversion is compatible with
the Draft General Plan as the existing units would be
allowed to rebuild should they be destroyed.
That the site is physically suitable for the type of
development.
Evidence to Consider:
The subject site is presently developed adjacent to
Hygeia Avenue. Subject to the recommended conditions
of approval there will be no other physical
constrains to development.
That the site is physically
proposed density of development.
suitable
for the
Evidence to Consider:
The density of development will be relatively medium
density multi-family residential. The project is
presently constructed and occupied as multi-family
residences.
CASE NUMBER: 88-259 TPM
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Se
e
That the design of the subdivision or the proposed
improvements are not likely to cause substantial
environmental damage or substantially and avoidably
injure fish or wildlife or their habitat.
Evidence to Consider:
Having identified no aspects in which this proposal
could have any significant adverse impacts on the
environment. The Commission has found the project to
be categorically exempt from further environmental
review under Section 15301(k.) of the California
Environmental Quality Act (CEQA).
That the design of the subdivision or type of
improvements is not likely to cause serious public
health problems.
Evidence to Consider:
As mentioned earlier the applicant has obtained
letters of availability for sewer and water service
availability, and is thus not likely to cause any
serious public health problems.
That the design of the subdivision or the type of
improvements will not conflict with easements,
acquired by the public at large, for access through
or use of, property within the proposed subdivision.
Evidence to Consider:
No easements of record are contained in the title
report for the subject property with which this
development would conflict.
Other Required Findings.
In accordance with 66473 and 66474.2 of the Act, the
map does comply with the requirements or conditions
imposed by this Title and the Act.
Evidence to Consider:
Subject to the attached conditions of approval, the
project will comply with all requirements of the
State Map Act and City of Encinitas Subdivision
Ordinance.
The resulting parcels are too small to sustain
agricultural use in accordance with Section 66474.4
of the Act.
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10.
11.
Evidence to Consider:
That the resulting parcels will be made for
residential purposes and not for agricultural
purposes as there is no contract entered into
pursuant to the California Land Conservation Act of
1965 (Williamson Act) related to the site.
The proposed subdivision is not entirely within the
corporate boundaries of the City.
Evidence to Consider:
The Commission has reviewed the application with all
maps and found that the subdivision is within the
corporate boundaries of the City of Encinitas.
The property is not served by an on-site sewage
disposal system and the Health Department has not
certified that a system is satsifactory to support
the proposed subdivision.
Evidence to Consider:
On-site disposal is not necessary in this instance as
sewer service is available.
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ATTA~ "B"
STANDARD CONDITIONS
APPLICANT SH~?.?. CONTACT T~R DEPARTWRNT OF PLANNING AND
COMMUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE
FO?.?OWING CONDITIONS (ITEMS I THROUGH 10):
GENERAL CONDITIONS
This approval will expire on November 15, 1990, after
the approval of this project unless the conditions
have been met or an extension has been approved by
the authorized agency (agent).
Se
Se
This approval may be appealed to the authorized
agency (agent) within 10 days from the date of this
approval.
In the event that any of the conditions of this
permit are not satisfied, the Planning and Community
Development Department shall cause a noticed hearing
to be sent before the authorized agency (agent) to
determine why the City of Encinitas should not revoke
this permit.
Upon a showing of compelling public necessity
demonstrated at a noticed hearing, the City of
Encinitas, acting through the authorized agency
(agent), may add, amend, or delete conditions and
regulations contained in this permit.
Nothing in this permit shall authorize the applicant
to intensify the authorized activity beyond that
which is specifically described in this permit.
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.
Permits or findings of exemption shall be obtained
from other agencies as follows:
a. Coastal Commission
The application is approved as submitted/modified and
shall not be altered without authorized agency
(agent) review and approval.
CASE NUMBER: 88-259 TPM
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10.
For new or converted 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; or
b. Building permit issuance; or
c. Final occupancy inspection.
Any change to the natural drainage or concentration
of drainage shall be adequately handled and shall not
impact adjacent properties.
APPLICANT SHALL CONTACT THE EN¢INITAS FIRE PROTECTION
D I S TRI CT REGARDING COMPLIANCE WITH THE FOLLOWING
CONDITIONS (ITEMS 11 and 12):
FIRE
11.
Ail designated emergency access roads shall be posted
per the Fire Department.
12.
Submit a letter from the Encinitas Fire Protection
District stating satisfaction with the type and
location of Fire hydrants and the minimum required
water flow in gallons per minute together with a
letter from the appropriate agency certifying that
the fire department's minimum required water flow is
available to serve the site. Provisions shall be
made to ensure a maximum water pressure at the fire
hydrant of 150 psi. The installation of a pressure
reducing station may be required. Required fire
hydrants shall be of a bronze type.
APPLICANT SHATW. CONTACT THE PUBLIC WORKS DEPARTNR. NT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
(ITEMS 13 and 14):
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
CASE NUMBER: 88-259 TPM
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to other property in the immediate vicinity pursuant to
Municipal Code(s).)
13.
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.
14.
An Irrevocable Offer of Dedication (I.O.D.) shall be
made for 10 feet along Hygeia Avenue adjacent to the
property for public right-of-way purposes.
Hygeia Avenue is classified as a local street
requiring a 60 foot right-of-way or 30 feet from the
official centerline of such street.
APPLICANT S}]ALL CONTACT THE APPROPRIATE AGENCY REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS (ITEMS 15
THROUGH 2 6 ):
UTILITIES
15.
Utility easements shall be provided to the
specification of the serving utility companies and
the Director of Public Works.
16.
Applicant shall provide a letter of availability
from the appropriate utility serving agencies prior
to granting permits or approval of final map.
GENERAL REQUIREMENTS AND APPROVALS
17.
A copy of the Covenants, Conditions and Restrictions
(CC&R's) and/or Articles of Incorporation of the
Homeowners Association shall be subject to the review
by the Community Development Department for
compliance with conditions herein, to the
satisfaction of the City Attorney and Director of
Community Development, and shall be filed with the
Secretary of State, the County Recorder and the City
at the time of final map consideration.
18.
Final parcel and tract maps shall conform to City
standards and procedures and the Subdivision Map Act.
19.
Should this subdivision be further divided, each
final map shall be submitted for approval by the
Director of Public Works.
20.
Ail provisions of the Subdivision Ordinance of the
Encinitas Municipal Code shall be met as they relate
to the division of land including the standard
conditions of approval as attached.
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21.
22.
Those p°~tions of the subject prope~=y proposed to be
held under common ownership shall be labeled such and
identified by a separate lot number on the final map.
Prior to final map approval, all dedications shall be
made and easements granted as required above.
STANDARD MAP CONDITIONS (Chapter 24.16 of the
Municipal Code)
23.
24.
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.
That all required improvements conform to City
Standards.
25.
The Director of Public works or his designee or the
authorized agency (agent) has the authority to waive
or modify any conditions within this document
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