Loading...
1990-24 .. RESOLUTION NO. L-90-24 8 A RESOLUTION OF THE LEUCADIA COMMUNITY ADVISORY BOARD APPROVING A TENTATIVE PARCEL MAP FOR THE CONVERSION OF FOUR EXISTING RESIDENTIAL UNITS INTO A ONE LOT CONDOMINIUM FORM OF OWNERSHIP LOCATED AT 1093 N. VULCAN AVENUE (CASE NO. 90-095 TPM/EIA) WHEREAS, a Tentative Parcel Map 90-095 was filed by Robert Mack for conversion of a fourplex into a one lot condominium form of ownership for property located at 1093 N. Vulcan Avenue, legally described as: Lot 18, excepting the Easterly 75 feet thereof, in Block 1 of South Coast Park, in the County of San Diego, State of California, according to the Map thereof No. 1776, filed in the office of the County Recorder of San Diego County, January 11, 1924. WHEREAS, a public hearing was conducted on the application on August 23, 1990; and WHEREAS, the Community Advisory Board considered: 8 1. The Tentative Parcel Map submitted by the applicant; 2. The Staff Report dated August 16, 1990; 3. Oral testimony submitted at the hearing; and 4. written evidence submitted at the hearing; and WHEREAS, the Leucadia Community Advisory Board made the required findings pursuant to Section 24.40.100 of the Municipal Code: SEE ATTACHMENT "A" NOW THEREFORE, BE IT RESOLVED, by the Leucadia Community Advisory Board of the City of Encinitas that the request for the Tentative Parcel Map, 90-095 TPM/EIM is hereby approved subject to the following conditions: SEE ATTACHMENT "B" BE IT FURTHER RESOLVED by the Leucadia Community Advisory Board of the City of Encinitas that with the attached conditions, this project can be certified with a Negative Declaration pursuant to CEQA Section 15070(b) (1); 8 JJ/03/CRO7-636WP51(08/24/90-1) . , " 8 PASSED AND ADOPTED this 23rd day of August, 1990 by the following vote, to wit: 8 AYES: Locko, Shur, Eldon, Jacobson, Kaden NAYS: None ABSENT: None ABSTAIN: None Ie / ¿( / .- íc/ltA"tL /f~ i! 'L- ALlen Shur, Chairperson of e Leucadia Community Advisory Board 8 8 " 8 JJ/03/CRO7-636WP5 2(08/24/90-1) 8 ATTACHMENT nAn 8 LEUCADIA COMMUNITY ADVISORY BOARD RESOLUTION NO. L-90-24 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. Evidence: 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 8 effect at the time of Tentative Map approval except as otherwise provided in this Chapter. Evidence: 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: 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 structure 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: Approval of this project is subject to a condition requiring relocation or in-lieu-of fees to be paid in consideration of the displacement of moderate income families. 8 JJ/03/CRO7-636WP53(08/24/90-1) ATTACHMENT "B" LEUCADIA COMMUNITY ADVISORY BOARD 8 RESOLUTION NO. L-90-24 Conditions 1. SPECIFIC CONDITIONS A. The applicant shall either assist in the relocation of any moderate income families displaced by this conversion or pay a fee-in-lieu of the assistant prior to final map approval. B. The applicant shall complete cosmetic and structural repairs as outlined in the RJB Inspection Service report dated April 3, 1990, with the owner's response dated April 23, 1990. Such repairs shall also include the work as recommended by Corky's Pest Control and Fumigation report dated April 10, 1990. 2. GENERAL CONDITIONS A. This approval will expire in two years, on August 23, 1992, at 5:00 p.m. unless the conditions have been met or an extension has been approved by the Authorized Agency. 8 B. This approval may be appealed to the authorized agency within 15 calendar days from the date of this approval. C. At all times during the effective period of this permit, the applicant shall obtain and maintain in valid force and effect, each and every license and permit required by a governmental agency for the operation of the authorized activity. D. Permits from other agencies will be required as follows: Coastal Commission E. Fire Prevention. 1. Smoke Detectors. 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 point centrally located in the corridor or area giving access to rooms used for sleeping purposes. 8 JJ/03/CRO7-636WP54(08/24/90-1) 2. Maintenance of Fire Protection Systems. All fire hydrants, fire alarm systems, portable fire extinguishers 8 and other fire protective appliances shall be retained in an operable condition at all times. 3. Prior to final approval Fire Department shall inspect the fire sprinkler system throughout the building to ensure that the system is still in service and has not been damaged or altered in any way. Prior to final approval of condominium conversion, applicant shall submit a letter from the fire district stating that all development fees, plan check and/or cost recovery fees have been paid. F. Sound Transmission. 1. Sound mounting of Mechanical Equipment. All permanent mechanical equipment such as motors, compressors, pumps, and compactors which are 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 and/or vibration isolators in a manner approved by the Department of Planning and Community Development. G. 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 8 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. H. 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. I. A copy of the Covenants, Conditions and Restrictions (CC&RS) and/or Articles of Incorporation of the Homeowners Association shall be subject to review by the Community Development Department for compliance with conditions herein, to the satisfaction of the City 8 JJ/03/CRO7-636WP55(08/24/90-1) Attorney and Director of Planning and Community Development, and shall be filed with the Secretary of 8 state, the County Recorder and the City at the time of final map consideration. J. All provisions of the Subdivision Ordinance of the Encinitas Municipal Code shall be met as they relate to the conversion to condominiums including the standard conditions of approval as attached unless specifically waived herein. K. Final parcel and tract maps shall conform to City standards and procedures and the Subdivision Map Act. APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 3. SITE DEVELOPMENT A. For residential dwelling units(s), the applicant shall pay development fees at the established rate. Arrangements to pay these fees shall be made prior to find map approval and in accordance with the Subdivision Map Act. 8 APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 4. FIRE A. Address numbers shall be clearly visible from the street fronting the structure. Where structures are located off a roadway on long driveways, a monument shall be placed at the entrance where the driveway intersects the main roadway. Permanent address numbers shall be displayed on this monument. B. Structures shall be protected by automatic fire sprinkler systems. Sprinkler systems shall be installed to the satisfaction of the Encinitas Fire Protection District. C. 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. 8 JJ/03/CRO7-636WP56(08/24/90-1) APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 8 5. GRADING CONDITIONS A. The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. B. The grading for this project is defined in Chapter 23.24 of the Encini tas Municipal Code. Grading shall be performed under the observation of a civil engineer whose responsibility it shall be to coordinate site inspection and testing to ensure compliance of the work with the approved grading plan, submit required reports to the City Engineer and verify compliance with Chapter 23.24 of the Encinitas Municipal Code. C. A soils/geological/hydraulic report (as applicable) shall be prepared by a qualified engineer licensed by the state of California to perform such work at first submittal of a grading plan. 6. DRAINAGE CONDITIONS A. A drainage system capable of handling and disposing of all surface water originating within the project, and all surface waters that may flow onto the project from adjacent lands, shall be required. Said drainage system 8 shall include any easements and structures as required by the City Engineer to properly handle the drainage. B. Concentrated flows across driveways and/or sidewalks shall not be permitted. 7. STREET CONDITIONS A. The developer shall obtain the City Engineer's approval of the project improvement plans and enter into a secured agreement with the City for completion of said improvements. The improvements shall be constructed prior to acceptance by the City Council. The improvements are: A. C. pavement (street widening), concrete curb and gutter and sidewalk. B. 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. 8 JJ/03jCRO7-636WP57(08/24/90-1) ' . C. An Irrevocable Offer of Dedication shall be made, if applicable, along Vulcan Adjacent to the Property for 8 road purposes, Vulcan is classified as a local street requiring 60 feet of right-of-way or 30 feet from centerline. D. An Irrevocable Offer of Dedication shall be made, if applicable, along Glaucus Adjacent to the Property for road purposes, Glaucus is classified as a local street requiring 60 feet of right-of-way or 30 feet from centerline. 8 8 JJ/03/CRO7-636WP58(08/24/90-1)