1990-13
.~, RESOLUTION NO. L-90-13
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 145-147 JUPITER STREET
(CASE NO. 89-251 TPM)
WHEREAS, a request for consideration of Tentative Parcel Map
89-251 was filed by Rom Nowakowski for conversion of a duplex into
a one lot condominium form of ownership for property located at
145-147 Jupiter street, legally described as;
Parcel 2 of Parcel Map 5988 in the City of Encinitas,
County of San Diego, State of California, according to
Parcel Map thereof No. 5988 filed in the office of the
County Recorder of San Diego County, May 26, 1977.
WHEREAS, public hearings were conducted on the application on
May 24, 1990 and;
WHEREAS, the Community Advisory Board considered:
1. The staff reports dated May 16, 1990;
8 2. The Tentative Parcel Map submitted by the applicant;
3. Oral evidence submitted at the hearings;
4. Written evidence submitted with the application and 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 "A"
NOW, THEREFORE, BE IT RESOLVED that Tentative Parcel Map 89-
251 TPM is hereby approved in accordance with Chapter 24.40 of the
City of Encinitas Subdivision Ordinance subject to the following
conditions:
8 JJ/04/CRO6-544wp5 (5-29-90/2) Page 1 of 6
1. Each living unit shall be provided with approved detectors of
products of combustion other than heat conforming to the
latest U.B.C. standards, mounted on the ceiling or wall at a
8 point centrally located in the corridor or area giving access
to rooms used for sleeping purposes.
2. Maintenance of Fire Protection Systems. All fire hydrants,
fire alarm systems, portable fire extinguisher and other fire
protective appliances shall be retained in an operable
condition at all times.
3. Prior to final map approval, applicant shall submit a letter
from the Fire District stating that all Development Impact,
plan check and/or cost recovery fees have been paid.
4. Each dwelling unit shall be separately metered for water, gas
and electricity. As an alternative, 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.
5. The San Dieguito Water District is currently serving water to
this location and has no objections to the conversion,
providing the following criteria are met:
a. Customer account shall be maintained in the name of the
8 property owner or person occupying the property to which
water service is provided.
b. Water may be supplied through one meter to multiple
residential units providing it remains as one single
assessor's parcel.
c. There is no plumbing changes requiring additional water
consumption to the property.
6. 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.
7. 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.
8. 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.
9. Pursuant to City of Encinitas Subdivision Ordinance 24.50.130,
the Final Parcel Map must be recorded in substantial
8
JJ/04/CRO6-544wp5 (5-29-90/2) Page 2 of 6
" conformance to this Tentative Parcel Map within 24 months of
the date of approval (4: 00 p.m., May 24, 1992), or this
approval will no longer be valid.
8 10. For new residential dwelling unites), 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. Arrangements to pay these fees
shall be paid prior to final map approval as deemed necessary
by the appropriate agency.
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
Gradinq Conditions
11. A soils/geological/hydraulic report (as applicable) shall be
prepared by a qualified engineer licensed by the State of
California to perform such work prior to final map approval;
Drainaqe Conditions
12. A drainage system capable of handling and disposing of all
surface water originating within the subdivision, and all
surface waters that may flow onto the subdivision from
adjacent lands, shall be required. Said drainage system shall
include any easements and structures as required by the City
Engineer to properly handle the drainage.
13. The owner of the subject property shall execute a hold
8 harmless covenant regarding drainage across the adjacent
property prior to approval of THE FINAL MAP for this project.
Street Conditions
14. The developer shall make an offer of dedication to the City
for all public streets and easements required by these
conditions or shown on the TENTATIVE MAP. The offer shall be
made BY A CERTIFICATE ON THE FINAL MAP for this project. All
land so offered shall be granted to the City free and clear
of all liens and encumbrances and without cost to the City.
Streets that are already public are not required to be
rededicated.
15. Jupiter Street shall be dedicated by the developer along the
subdivision frontage based on a center line to right-of-way
width of 30 feet and in conformance with City of Encinitas
Standards.
16. Reciprocal access and maintenance and/or agreements shall be
provided ensuring access to all parcels over private roads,
drives or parking areas and maintenance thereof to the
satisfaction of the Director of Public Works.
17. Plans specifications, and supporting documents for all
improvements shall be prepared to the satisfaction of the City
8 Engineer. Prior to approval of the final map, the Subdivider
JJ/04/CRO6-544wp5 (5-29-90/2) Page 3 of 6
" shall install, or agree to install and secure with appropriate
security as provided by law, improvements shown on the
tentative map and the following improvements to City standards
8 to the satisfaction of the City Engineer:
The private access road shall be improved with 20 foot wide
a.c. pavement and in conformance with the City of Encinitas
Private Road Standards.
18. 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.
19. The design of all private streets and drainage systems shall
be approved by the City Engineer prior to APPROVAL OF THE
FINAL MAP for this project. The structural section of all
private streets shall conform to City of Encinitas Standards
based on R-value tests. The standard improvement plan check
deposit is required.
utilities
20. The developer shall comply with all the rules, regulations and
design requirements of the respective sewer and water agencies
regarding services to the project.
21. The developer shall be responsible for coordination with
S.D.G. & E., Pacific Telephone, and Cable TV authorities.
22. All proposed utilities within the project shall be installed
8 underground including existing utilities unless exempt by the
Municipal Code.
23. The developer shall be responsible for the relocation and
undergrounding of existing public utilities, as required.
8 JJ/04/CRO6-544wp5 (5-29-90/2) Page 4 of 6
"
PASSED AND ADOPTED this 24th day of May, 1990, by the
8 following vote, to wit:
AYES: Kaden, Jacobson, Eldon, Shur, Locko
NAYS: None
ABSENT: None
ABSTAIN: None
¡¡jR ~
All Shur, Chairperson
of the Leucadia
Community Advisory Board
ATTEST:
.
8 JJ/04/CRO6-544wp5 (5-29-90/2) Page 5 of 6
.
. ATTACHMENT "A"
LEUCADIA COMMUNITY ADVISORY BOARD
8 RESOLUTION NO. L-90-13
CASE NO. 89-251 TPM
Findings pursuant to Section 24.40.100 of the City of
Encinitas Subdivision Ordinance:
1. All provisions of Chapter 24.40 are met.
Evidence to Consider: 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.
Evidence to Consider: Staff has identified no goals,
objectives, or policies of the General Plan with which this
proposal is inconsistent.
3. The proposed conversion will conform to the Municipal Code in
effect at the time of Tentative Map approval except as
8 otherwise provided in this Chapter.
Evidence to Consider: The proposed conversion is in
conformance with current Municipal Code Regulations including,
but not limited to, parking standards.
4. The overall design and physical conditions of the conversion
achieves a high degree of appearance, quality and safety.
Evidence to Consider: Subject to the condition stated in the
Resolution that the owner perform the suggested structural
improvements outlined in the physical inspection report and
the pest control report, it can be found that the structures
could achieve a high degree of appearance, quality and safety.
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 to Consider: This project does not impact low and
moderate-income families as evidenced by a statement to that
effect submitted by the applicant.
8
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