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:
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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.
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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
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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.
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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:
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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.
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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.
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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).
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