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);
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"
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.
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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.
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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.
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