1990-31
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8 RESOLUTION NO. L-90-31
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 121-127 GRANDVIEW STREET
(CASE NO. 90-223 TPM)
WHEREAS, a Tentative Parcel Map 90-095 was filed by Dominic
D'Arcy for conversion of two duplex units into a one lot
condominium form of ownership for property located at 121-127
Grandview Street, legally described as:
Lot 5 in Block "G", excepting therefrom said Lot 5 the
Southerly 33.03 feet thereof, of South Coast Park, Unit No.
5 in the City of Encinitas, County of San Diego, State of
California, according to map thereof No. 2078, filed in the
office of the County Recorder of San Diego County, November
21, 1927.
WHEREAS, a public hearing was conducted on the application on
November 8, 1990; and
8 WHEREAS, the Community Advisory Board considered:
1. The Tentative Parcel Map submitted by the applicant;
2. The Staff Report dated October 31, 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, 90-223 TPM is hereby approved subject to the
following conditions:
SEE ATTACHMENT "B"
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8 PASSED AND ADOPTED this 8th day of November, 1990 by the
following vote, to wit:
AYES: Shur, Eldon, Locko, Kaden, Jacobson
NAYS: None
ABSENT: None £~, cÝ:kOf the
ABSTAIN: None
Leucadia Community Advisory Board
Planner
8
8
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8 ATTACHMENT nAn
LEUCADIA COMMUNITY ADVISORY BOARD
RESOLUTION NO. L-90-31
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.
8 3. The proposed conversion will conform to the Municipal Code in
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.
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, 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: The applicant has submitted evidence verifying that
no low or moderate income families will be displaced by this
converSlon.
8
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8 ATTACHMENT nB"
LEUCADIA COMMUNITY ADVISORY BOARD
RESOLUTION NO. L-90-31
Conditions
1. SPECIFIC CONDITIONS
A. The applicant shall complete cosmetic and structural
repairs as outlined in the Carroll's Home Inspection
report dated August 18, 1989.
2. GENERAL CONDITIONS
A. This approval will expire in two years, on November 8,
1992, at 5:00 p.m. unless the conditions have been met
or an extension has been approved by the Authorized
Agency.
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
8 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.
2. Maintenance of Fire Protection Systems. All fire
hydrants, f ire alarm systems, portable f ire extinguishers
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
8 approval of condominium conversion, applicant shall
JJ/04/CRO9-685wp54(11-9-90-2)
8 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
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
8 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
Attorney and Director of Planning and Community
Development, and shall be filed with the Secretary of
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
8 waived herein.
JJ/04/CRO9-685wp5 5(11-9-90-2)
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8 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.
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
8 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.
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
5. DRAINAGE CONDITIONS
A. The developer shall exercise special care during the
construction phase of this project to prevent any offsite
siltation. The developer shall provide erosion control
measures and shall construct temporary
desiltation/detention basins of type, size and location
8 as approved by the City Engineer. The basins and erosion
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8 control measures shall be shown and specified on the
grading plan and shall be constructed to the satisfaction
of the city Engineer prior to the start of any other
grading operations. Prior to the removal of any basins
or facilities so constructed the area served shall be
protected by additional drainage facilities, slope
erosion control measures and other methods required or
approved by the City Engineer. The developer shall
maintain the temporary basins and erosion control
measures for a period of time satisfactory to the City
Engineer and shall guarantee their maintenance and
satisfactory performance through cash deposit and bonding
in amounts and types suitable to the City Engineer.
B. 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.
C. Concentrated flows across driveways and/or sidewalks
shall not be permitted.
6. STREET CONDITIONS
8 A. A registered civil Engineer or a licensed land surveyor
shall provide a signed statement that:
liThe existing private roads of access to the project are
within the easements for the benefit of the land
division".
B. The developer shall make an offer of dedication to the
City for all public streets and easements required by
these conditions. 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.
C. 10 feet 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.
D. 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.
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8 E. Plans, specifications, and supporting documents for all
improvements shall be prepared to the satisfaction of
the city Engineer. Prior to approval of the final map,
the Subdivider 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 to the satisfaction of the
city Engineer:
Curb, sidewalk and 20 feet of pavement on Grandview
street frontage, pavement on alley to be to City
standards.
F. 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.
G. The design of all private drainage systems shall be
approved by the City Engineer prior to (APPROVAL OF THE
FINAL MAP/ISSUANCE OF ANY GRADING OR BUILDING PERMIT) 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.
8 H. 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
7. UTILITIES
A. The developer shall comply with all the rules,
regulations and design requirements of the respective
utility agencies regarding services to the project.
B. The developer shall be responsible for coordination with
S.D.G.& E., Pacific Telephone, and Cable TV authorities.
C. All proposed utilities within the project shall be
installed underground including existing utilities unless
exempt by the Municipal Code.
D. The developer shall be responsible for the relocation and
undergrounding of existing public utilities, as required.
8. MAP
A. This project will be approved specifically as 1 (single)
8 phase.
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