Loading...
1991-10 RESOLUTION NO. L-91-10 A RESOLUTION 'OF THE LEUCADIA COMMUNITY ADVISORY BOARD APPROVING A TENTATIVE PARCEL MAP FOR CONVERSION OF TWO EXISTING RESIDENTIAL UNITS INTO A ONE LOT CONDOMINIUM FORM OF OWNERSHIP LOCATED AT 574 AND 576 NEPTUNE AVENUE (CASE NO. 91-043 TPM) WHEREAS, a request for consideration of Tentative Parcel Map 91-043 was filed by John N. McAllister and Maxine M. McAllister for conversion of a duplex into a one lot condominium form of ownership for property located at 574 and 576 Neptune Avenue, legally described as; (See Attachment "A") WHEREAS, a public hearing was conducted on the application on April 4, 1991 and; WHEREAS, the Community Advisory Board considered: 1. The staff report dated March 27, 1991; 2. The Tentative Parcel Map submitted by the applicant and dated received by the City on February 26, 1991; 3. Oral evidence submitted at the hearing; 4. Written evidence submitted at the hearing; and WHEREAS, the Leucadia community Advisory Board made the following findings pursuant to section 24.40.100 of the city of Encinitas Subdivision Ordinance. (See Attachment "B") NOW THEREFORE, BE IT RESOLVED that Tentative Parcel Map 91- 043 TPM is hereby approved in accordance with Chapter 24.40 of the City of Encinitas Subdivision Ordinance subject to the following conditions: DL/03/CRO8-743wp5 1(4-26-91/4) 1. Pursuant to city of Encinitas Subdivision Ordinance 24.50.130, the Final Parcel Map must be recorded in substantial conformance to this Tentative Parcel Map within 24 months of the date of approval (5:00 p.m., April 4, 1993), or this approval will no longer be valid. 2. This approval may be appealed to the authorized agency within 15 calendar days from the date of this approval. 3. Address numbers shall be clearly visible from the street fronting the structure. 4. Prior to 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. 5. The applicant shall furnish the Community Development Department with a Coastal Development Permit or Notice of Exemption from the California Coastal Commission prior to recordation of the Final Map. The owner shall be responsible for recordation of the condominium map with the state Department of Real Estate. 6. Prior to recordation of the Final Parcel Map, the owner(s) shall have the proposed Parcel Map approved by the Authorized Agency of the City of Encinitas. 7. The applicant shall remit the appropriate impact fees pursuant to Chapter 23 of the Municipal Code or present evidence that the project is not subject to the fees. 8. 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. 9. The owner(s) 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. 10. Improvements constructed within the present or future public .right-of-way shall be considered temporary. Applicant shall enter into an encroachment removal covenant agreeing to remove those improvements at the direction of the City. DL/03/CRO8-743wp5 2(4-26-91/4) 11. Each dwelling unit shall be separately metered for gas and electr ici ty. Separate water meters or a plan for equitable sharing of communal water metering shall be developed prior to final map approval and included in the Covenants, Conditions and Restrictions. 12. The developer shall be responsible for coordination with S.D.G. & E., Pacific Telephone, and Cable TV authorities. 13. The developer shall comply with all the rules, regulations and design requirements of the respective utility agencies regarding services to the project. 14. All proposed utilities within the project shall be installed underground including existing utilities unless exempt by the Municipal Code. 15. The developer shall be responsible for the relocation and undergrounding of existing public utilities, as required. 16. If private sewer will serve this development then a maintenance agreement must be executed before recordation of the Final Map. 17. This project will be approved specifically as 1 (single) phase. 18. All landscaping shall be maintained to achieve a high degree of appearance and quality. 19. The developer shall provide written certification to the buyer of each unit at the close of escrow that any dishwashers, garbage disposals, stoves, refrigerators, hot water tanks, and air conditioners that are provided are in operable working condition as of the close of escrow. 20. Should the Director of Planning and Community Development determine that the condominium conversion will displace a tenant family qualifying as moderate, low or very low income, the applicant shall provide a relocation service to assist the tenant or tenants in finding suitable replacement housing at comparable rent to what the tenants are presently paying (i.e., rent as of date of approval adjusted by the consumer price index). 21. Prior to recordation of the Final Map the applicant shall submit evidence showing that an open space easement has been dedicated over all that area on the subject parcel west of the bluff edge. Said easement had been made a requirement of Case No. 87-053DR/V/EIA, Condition I.1 of Resolution No. L88-26, and limited the use of said open DL/03/CRO8-743wp53(4-26-91/4) space to recreational purposes such as: lateral beach access, visual access to the face of the bluff and any further construction must be with proper permits. If said easement has not been dedicated it shall be done as part of the subject tentative parcel map. 22. Smoke Detectors. Each living unit shall be provided with approved detectors of products of combustion other than heat conforming to the latest Uniform Building Code standards, mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to rooms used for sleeping purposes. 23. Maintenance of Fire Protection Systems. All fire hydrants, fire alarm systems, portable fire extinguishers and other fire protective appliances shall be retained in an operable condition at all times. 24. Shock mounting of Mechanical Equipment. All permanent mechanical equipment such as motors, compressors, pumps, and compactors which is determined by the Department of Planning and Community Development to be a source of structural vibration or structure-borne noise shall be shock mounted in inertia blocks or bases and/or vibration isolators in a manner approved by the Department of Planning and Community Development. 25. Noise Standards. The structure shall conform to all interior and exterior sound transmission standards of the Uniform Building Code. In such cases where present standards cannot reasonably be met, the authorized agency may require the applicant to notify potential buyers of the noise deficiency currently existing within these units. 26. Private Storage Space. Each unit shall have at least 200 cubic feet of enclosed weather-proofed and lockable private storage space in addition to closets customarily provided. Such space may be provided in any location approved by the Department of Planning and community Development, but shall not be divided into two or more locations. 27. Laundry Facilities. A laundry area shall be provided in each unit; or if common laundry areas are provided, such facilities shall consist of not less than one automatic washer and dryer for each five units or fraction thereof. In such cases where the subdivider can demonstrate that this standard cannot or should not reasonably be met, this standard may be modified by the authorized agency. DL/03/CRO8-743wp54(4-26-91/4) BE IT FURTHER RESOLVED by the Leucadia community Advisory Board of the City of Encinitas that: This project was found to be exempt from environmental review pursuant to section 15301(k) of CEQA. PASSED AND ADOPTED this 4th day of April, 1991 by the following vote, to wit: AYES: Eldon, Jacobson, Buck NAYS: None ABSENT: Gilholm, Allen ABSTAIN: Allen ATTEST: DL/03/CRO8-743wp5 5(4-26-91/4) ATTACHMENT "A" LEGAL DESCRIPTION OF 574 AND 576 NEPTUNE AVENUE APN: 256-084-06 Parcel 1: Lot 6, Block "E", of South Coast Park No. 3, according to Map thereof No. 1935, filed in the office of the Counter Recorder of San Diego County, August 17, 1926. Excepting therefrom that portion heretofore or now lying below the mean high tide of the Pacific Ocean. Parcel 2: That portion of Block "F" in South Coast Park No. 3, in the County of San Diego, State of California, according to Map thereof No. 1935, filed in the office of the County Recorder of San Diego County, August 17, 1926 described as follows: Beginning at the Northwesterly corner of Lot 6 in Block "E", thence Westerly along the Westerly prolongation of the Northerly line of said Lot 6 to a point on the Easterly line of that tract of land as conveyed by South Coast Land Company to the County of San Diego, by deed dated January 10, 1930, recorded in Book 1731, page 256 of Deeds; thence Southerly along the said Easterly line of County land to its intersection with the Westerly prolongation of the Southerly line of Lot 6 in said Block "E"; thence Easterly along said Westerly prolongation to the Southwest corner of said Lot 6; thence Northerly along the Westerly line of said Lot 6, in said Block "E" to the point of beginning. EXCEPTING THEREFROM that portion heretofore or now lying below the mean high tide of the Pacific Ocean. DL/03/CRO8-743wp5 6(4-26-91/4) ATTACHMENT "B" LEUCADIA COMMUNITY ADVISORY BOARD RESOLUTION NO. L-91-10 CASE NO. 91-043 TPM Findings pursuant to section 24.40.100 of the city of Encinitas Subdivision Ordinance: 1. All provisions of this Chapter are met. Evidence: Chapter 24.40 contains development standards applicable only to conversion to condominiums or stock cooperatives. subject to the conditions of approval the project will be in conformance with the standards of Chapter 24.40 of the Municipal Code. 2. The proposed conversion is not inconsistent with any objectives or policies in the City General Plan specifically directed to the conversion. Evidence: Housing Element Policy 1.5 of the General Plan discourages the conversion of existing rental housing to prevent a diminishing inventory of affordable rental stock. There is not sufficient information available to demonstrate that Housing Element Policy 1.5 is not being met. Evidence in the record establishes that there are approximately 2,900 rental units existing in the City of Encinitas at this time and two units being converted to condominium would not tend to create an imbalance. Additionally, City records indicate that approximately 86 units have been converted to condominiums since mid 1987; no trend toward conversion appears to be established. 3. The proposed conversion conforms to the Municipal Code in effect at the time of Tentative Map approval except as otherwise provided in this Chapter. section 24.40.040(B) of the City of Encinitas Subdivision Ordinance provides that legally nonconforming aspects of the property or improvements may be maintained provided that those nonconforming improvements on the structure to be converted are not expanded. No nonconforming aspects of the structures are proposed for expansion as part of the condominium conversion subject to the conditions of approval contained in the resolution the project will be in conformance with current Municipal Code regulations. DL/03/CRO8-743wp5 7(4-26-91/4) 4. The overall design and physical condition of the conversion achieves a high degree of appearance, quality and safety. Evidence: The subject structure has recently been constructed and is in great physical condition; it achieves a high degree of quality and safety as it meets building code requirements. Being newly constructed and having received Design Review approval by Leucadia Community Advisory Board, the structure reflects an acceptable level of design appearance. 5. The conversion would not displace predominately low and moderate income families or tenants without adequate provision for suitable relocation of such families or tenants. Evidence: As the duplex has just recently been constructed, the units are not occupied with tenants at this time. Additionally, the project has been conditioned so that if it is determined that the condominium conversion will displace a tenant family qualifying as moderate, low, or very low income, the applicant shall provide a relocation service to assist the tenant or tenants in finding suitable replacement housing at comparable rent to what the tenants are presently paying (i.e., rent as of the date of approval adjusted by the consumer price index). DL/03/CRO8-743wp5 8(4-26-91/4)