1991-01
RESOLUTION NO. L-91-01
A RESOLUTION OF THE LEUCADIA COMMUNITY ADVISORY BOARD
CITY OF ENCINITAS, APPROVING A TENTATIVE PARCEL MAP
TO ALLOW A CONVERSION OF TWO RESIDENTIAL UNITS
- INTO A CONDOMINIUM FORM OF OWNERSHIP
LOCATED AT 351 FULVIA, LEUCADIA
(CASE NUMBER 90-253 TPM)
WHEREAS, a request for consideration of Tentative Parcel Map
90-253 was filed by Richard D. Russell to allow conversion of a
duplex into a condominium form of ownership as per Chapter 24.40
of the City of Encinitas Municipal, for the property located at
351 Fulvia and legally described as:
Parcell in the County of San Diego, State of California, as
shown at Page 2557 of Parcel Maps, filed in the Office of the
County Recorder of San Diego County, April 18, 1974 as File
No. 74-098643 of Official Records.
WHEREAS, a public hearing was conducted on the application on
January 10, 1991; and
WHEREAS, the Community Advisory Board considered:
1. The staff report dated January 2, 1991;
2. The application and maps submitted by the applicant;
3. Oral evidence submitted at the hearing; and
4. Written evidence submitted at the hearing.
WHEREAS, the Leucadia Community~ Advisory Board made the
following findings pursuant to section 24.40.100 of the City of
Encinitas Subdivision Ordinance:
1. All provisions of Chapter 24.40 are met.
Evidence: Chapter 24.40 contains development standards
applicable only to conversion to condominiums or stock
cooperatives. subject to the conditions of approval contained
in the attached resolution, those standards will be complied
with.
2. The proposed conversion is not inconsistent with any
objectives or policies in the City General Plan specifically
directed to the conversion.
-
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Evidence: There is not sufficient information available to
demonstrate that Policy 1.5 of the Housing Element of the
General Plan is not being met; the policy relates to
condominium conversions creating an imbalance in the rental
housing stock. Evidence in the record establishes that there
- are approximately 2,900 rental units existing in the City of
Encinitas at this time and 2 units being converted to
condominiums would not tend to create an imbalance. City
records indicate that approximately 80 units have been
converted to condominiums since mid 1987; no trend toward
conversions appears to be established. Consideration should
also be given to the fact that these units are vacant and have
been for some time due to a fire which destroyed the original
structures; the subject units are presently being constructed.
3. The proposed conversion is required to conform to the
Municipal Code in effect at the time of Tentative Map approval
except as otherwise provided in this Chapter.
section 30.16-D of the Zoning Code has specific provisions
which condominium converSlons are required to meet. All
provisions of this section have either been met or have been
determined to be non-applicable, with exception to Item A
which the Community Advisory Board waives for the reasons
noted below.
Evidence: 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. The community
Advisory Board approved this duplex on May 11, 1989 which
replaced a duplex that had been burned. The non-conformity
was not increased, and the CAB has not identified any further
nonconforming characteristics of the structures which would
be expanded in any way by the proposed conversion to a
condominium form of ownership. The proposed conversion is in
conformance with current Municipal Code regulations. Subject
to the conditions of approval contained in the resolution,
those standards will be complied with. Item A below is waived
by the community Advisory Board as indicated.
A. The following recreation facilities shall be provided
unless waived during the Design Review process:
a. Children's play area
b. Swimming pool
c. Family picnic area
The Community Advisory Board waives Item A because these
requirements are substantially met with the existing rear
yard area of approximately 2,600 square feet.
4. The overall design and physical condition of the conversion
achieves a high degree of appearance, quality and safety.
Evidence: The project received approval from the Community
Advisory Board on May 11, 1989 for design review. therefore,
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the overall design shows a high degree of appearance and
quality. As the building is under construction at this time,
the physical condition cannot be determined. However, upon
completion, the building should comply with all the structural
requirements.
5. The conversion would not displace predominantly low and
moderate income families or tenants without adequate provision
for suitable relocation of such families or tenants.
Evidence: The duplex is currently under construction and is
not occupied to date. Therefore, no persons are proposed to
be displaced.
NOW, THEREFORE, BE IT RESOLVED by the Leucadia Community
Advisory Board of the City of Encinitas that Tentative Parcel Map
90-253 is hereby approved in accordance with Chapter 24.40 of the
City of Encinitas Subdivision Ordinance subject to the following
conditions:
1. This approval will expire in two years, on January 10,
1993, at 5:00 p.m. unless the conditions have been met
or an extension has been approved by the Authorized
Agency.
2. This approval may be appealed to the authorized agency
within 15 calendar days from the date of this approval.
3. 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 set before
the authorized agency to determine why the city of
Encinitas should not revoke this permit.
4. 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.
5. Maintenance of Fire Protection Systems. All fire
hydrants, f ire alarm systems, portable fire extinguishers
and other fire protective appliances shall be retained
in an operable condition at all times.
6. 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 with inertia blocks or bases andjor
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vibration isolators in a manner approved by the
Department of Planning and Community Development.
7. 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.
8. Utility Metering. Each dwelling unit shall be separately
metered for gas and electricity. 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. 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.
9. 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. In such cases where the subdivider can
demonstrate that this standard cannot or should not
reasonable be met, this standard may be modified by the
authorized agency.
"- Prior to final recordation the applicant shall submit
10.
a letter from the Fire District stating that all
development impact, plan check, and/or cost recovery fees
have been paid.
11. 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.
12. 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.
13. 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.
14. 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.,
January 10, 1991), or this approval will no longer be
valid.
15. Developer shall execute and record a covenant with the
County Recorder agreeing not to oppose the formation of
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an assessment district to fund the installation of right-
of-way improvements.
16. The developer shall comply with all the rules,
regulations and design requirements of the respective
sewer and water agencies regarding services to the
project.
17. The Subdivider shall provide separate sewer, gas, and
electric services with appropriate meters to each of the
units.
18. The developer shall be responsible for coordination with
S.D.G. & E., Pacific Telephone, and Cable TV authorities.
19. 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.
20. Landscape Maintenance. All landscaping shall be restored
as necessary and maintained to achieve a high degree of
appearance and quality.
21. Condition of Equipment and Appliances. 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. At such
time as the homeowners' association takes over management
of the development, the developer shall provide written
certification to the association that any pool and pool
equipment (filter, pumps, chlorinator) and any appliances
and mechanical equipment to be owned in common by the
association is in operable working condition.
BE IT FURTHER RESOLVED by the Leucadia Community Advisory
Board of the City of Encinitas that:
(1) This project was found to be exempt from environmental review
pursuant to section 15301(k) of CEQA.
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PASSED AND ADOPTED this 10th day of January, 1991, by the
following vote, to wit:
AYES: John Eldon, Alice Jacobson, Karen Kaden, Sheila Locko,
Allen Shur
NAYS: None
ABSENT: None
ABSTAIN: None n(l ~
Allen Shur, Chairman
of the Leucadia
Communi ty Advisory Board
ATTEST:
':~Y /¿¿/1~\ 4-/\.--' ¿'Â-
Diane Langager, Planner
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