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1988-19 _.. ..,~.-------_.._.- --"-----------_..._--~------- RESOLUTION NO. L88-19 A RESOLUTION OF LEUCADIA COMMUNITY ADVISORY BOARD OF THE CITY OF ENCINITAS APPROVING A TENTATIVE PARCEL MAP TO ALLOW THE CONVERSION OF AN EXISTING DUPLEX LOCATED AT 656 AND 658 NEPTUNE AVENUE (CASE NUMBER 88-168 TPM) WHEREAS, a request for consideration of a Tentative Parcel Map was filed by Donald J. Morton to allow a condominium conversion pursuant to Chapter 24 of the City of Encini tas Municipal Code, for the property located at 656 and 658 Neptune Avenue (also known as assessor's parcel number 256-051-20), legally described as; SEE ATTACHMENT "A" WHEREAS, a public hearing was conducted on the application on June 30, 1988; and WHEREAS, the Community Advisory Board considered: 1. The staff report dated June 24; 2. The proposed General Plan, Local Coastal Program, Zoning Code and maps; 3. Oral evidence submitted at the hearing; and 4. Written evidence submitted at the hearing. BF/02/CROl-140WP (9-27-88-1) 88-168 TPM Page 1 of 12 - --------~.. -._.._--_._._._...._------"~_......~---_...-...<---_._--.._,,,..-...".----- WHEREAS, the Leucadia Community Advisory Board made the .. following findings pursuant to the Municipal Code: SEE ATTACHMENT "B" NOW, THEREFORE, BE IT RESOLVED by the Leucadia Community Advisory Board of the City of Encinitas that application 88-168 TPM is hereby approved subject to the following conditions: SEE ATTACHMENT "C" BE IT FURTHER RESOLVED by the Leucadia Community Advisory Board of the City of Encinitas that: This project was found to be exempt from environmental review, Section 15301(k) as the proposal is to convert existing units into condominiums. PASSED AND ADOPTED this 30th day of June, 1988, by the '-- following vote, to wit: AYES: Goldstein, Eldon, Harwood NAYS: None ABSENT: Reed, Dean ~kd- Michae Goldstein, Chairman of the Leucadia Community Advisory Board BF/02/CR01-140WP (9-27-88-1) 88-168 TPM Page 2 of 12 ... ------'-"-"-"""-" ---.--.......-.......-----....------..---.-.......-.....--..------ - ATTACHMENT "A" The Land referred to herein is situated in the state of California, County of San Diego, Ci ty of Encini tas, and is described as follows: Lot 17, in Block "E", in South Coast Park No.3, in the County of San Diego, State of California, according to Map thereof No. 1935, filed in the Office of the County Recorder of San Diego County, August 17, 1926. Also all that portion of Block "F", South Coast Park unit No. 3, according to Map thereof No. 1935, filed in the Office of the County Recorder of San Diego County, August 17, 1926, described as follows: Beginning at the northwesterly corner of Lot 17, Block liE", said South Coast Park No. 3; thence westerly along the westerly prolongation of the northerly line of said Lot 17, Block "E", to a point on the easterly line of that tract of land as conveyed by the South Coast Land Company to the County of San Diego, by Deed dated January 19, 1930 and recorded in Book 1731, Page 256, Records of Deeds; thence southerly along the said easterly line of county land to its intersection with the westerly prolongation of the southerly line of said Lot 17, Block "E"'; thence easterly along said westerly prolongation to the southwest corner of said Lot 18, Block "E"; thence easterly along said westerly prolongation to the southwest corner of said Lot 18, Block "E", to the point of beginning. Excepting from all of the above described property, that portion, if any, heretofore or now lying below the mean high tide line of the Pacific Ocean. BF/02/CR01-140WP (9-27-88-1) 88-168 TPM Page 3 of 12 ATTACHHBNT "B" I. Findings Pursuant To Section 24.01. 080 Municipal Code For Subdivisions. 1. The authorized agency makes any of the findings contained in Section 66474 of the Act. (a) That the proposed map is consistent with applicable general and specific plans as specified in Section 65451. (b) That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. Evidence to Consider (a and b): This property is designated as #7 Residential (10.9 dwelling units per acre). The property may be subdivided as proposed and developed with a duplex residential structure and be fully consistent with the present General Plan. Map Act 65451 relates to specific plans only and is thus not relevant here. The existing structure is built at approximately 9.5 units per acre. - (c) That the site is physically suitable for the type of development. Evidence to Consider: The site features a fairly level building site adjacent to Neptune Avenue, which can easily facilitate the type of development allowed. (d) That the site is not physically suitable for the proposed density of development. Evidence to Consider: The density of development will be relatively medium density multi-family residential, which can easily be accommodated on the site. (e) That the design of the subdivision or the proposed improvements will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. Evidence to Consider: Having identified no aspects in which this proposal could have any significant adverse impacts on the environment, the Board has found the project to be categorically exempt from further BF/02/CROl-140WP (9-27-88-1) 88-168 TPM Page 4 of 12 of the state California Environmental Quality Act as the proposal is to convert existing units into condominiums. - (f) That the design of the subdivision or type of improvements will not cause serious public health problems. Evidence to Consider: As mentioned earlier the applicant has obtained letters of availability for sewer and water service availability, thus the project is not likely to cause any serious public health problems. (g) That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. Evidence to Consider: Having identified no easements which have not been provided for, the Board has determined that the subdivision as designed will not conflict with any easements. 2. In accordance with 66473 and 66474.2 of the Act, the map does not comply with the requirements or conditions imposed by this Title and the Act (compliance with standards). Evidence to Consider: As represented by the Tentative Parcel Map which is part of the application the Board has determined that the subdivision as proposed complies with all City regulations. 3. The resulting parcels are too small to sustain agricultural use in accordance with section 66474.4 of the Act. Evidence to Consider: The subject parcel is approximately 9,150 square feet in size with the net developable portion being approximately 5,150 square feet which is an amount sufficiently smaller in size than a parcel which could sustain agricultural use. 4. The proposed subdivision is entirely within the corporate boundaries of the City. Evidence to Consider: The legal description and site plan and other evidence as submitted has been reviewed by the Board and it has been determined that the subject property is entirely within the City limits of the City of Encinitas. BF702/CROI-140WP (9-27-88-1) 88-168 TPM Page 5 of 12 5. The property is not served by an on-site sewage disposal system and therefore the Health Department does not need to certify that a system is satisfactory to support the proposed subdivision. Evidence to Consider: The applicant has submitted a letter of availability from the Leucadia County Water District attesting to the fact that the parcel is served by public sewers. BF/02/CROl-140WP (9-27-88-1) 88-168 TPM Page 6 of 12 ATTACBKBNT "C" STANDARD CONDITIONS A. GENERAL CONDITIONS 1. This approval will expire on June 30, 1990, after the approval of this project 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 agent within 10 days from the date of this approval. 3. In the event that any of the conditions of this permit are not satisfied, the Planning Department shall cause a noticed hearing to be sent before the authorized agency to determine why the City of Encinitas should not revoke this permit; 4. Upon a showing of compelling public necessity demonstrated at a noticed hearing, the City of Encinitas, acting through the authorized agency, may add, amend, or delete conditions and regulations contained in this permit. 5. Nothing in this permit shall relieve the applicant from complying with the conditions and regulations generally imposed upon activities similarly in nature to the activity authorized by this permit. 6. Approval of this request shall not waive compliance with any sections of the Zoning Development Code and all other applicable City Ordinances in effect at the time of Building Permit issuance. 7. A permit or finding of exemption must be obtained from the Coastal Commission prior to final map approval. APPLICANT SHALL CONTACT THE DEPARTHBNT OF PLANNING AND COMMUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: B. SITE DEVELOPMENT 8. For new residential dwelling unit(s), 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, BF/02/CROl-140WP (9-27-88-1) 88-168 TPM Page 7 of 12 Traffic Fees, Drainage Fees, and Park Fees. These fees shall be paid prior to final map approval. Appropriate fees paid during the building permit process may be credited against the fees imposed herein. 9. Any change to the natural drainage or concentration of drainage shall be adequately handled and shall not impact adjacent properties. APPLICANT SHALL CONTACT THE COMMUNITY SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: C. RECREATION 10. The developer shall pay the Park Fee at the established rate prior to final map approval. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTHBNT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS (E THROUGH G): D. GRADING 11. Any grading of the subject property shall be in accordance with the Grading Ordinance. E. STREETS AND SIDEWALKS (The authorized agency may modify City standards in particular cases. The application of a request for such modification must show special circumstances or conditions affecting the property in question; and that such modification is necessary for the preservation and enjoyment of a substantial property right of the applicant; and that the modification will not be materially detrimental to the public welfare or injurious to other property in the immediate vicinity per the Municipal Code. 12. All damaged off-site public works facilities, including parkway trees, shall be repaired or replaced prior to exoneration of bonds and improvements, to the satisfaction of the Department of Public Works. 13. 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. 14. The developer shall pay the Traffic Mitigation Fee at the established rate at the date the final inspection or the date the certificate of occupancy is issued, whichever occurs later. BF/02/CROl-140WP (9-27-88-1) 88-168 TPK Page 8 of 12 15. 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. F. DRAINAGE AND FLOOD CONTROL 16. 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 Director of Public Works to properly handle the drainage. 17. Portland cement concrete cross gutters shall be installed where water crosses the roadways. 18. Concentrated flows across driveways and/or sidewalks shall not be permitted. APPLICANT SHALL CONTACT THE APPROPRIATE AGENCY REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: G. UTILITIES 19. All new proposed utilities within the project shall be installed underground. 20. utility easements shall be provided to the specification of the serving utility companies and the Director of Public Works. 21. The developer shall be responsible for the relocation and undergrounding of existing public utilities, as required. 22. Water, sewer, and fire protection systems plans shall be designed and constructed to meet requirements of the City of Encinitas, Fire District, Appropriate Agency and the Health Department of the County of San Diego. 23. Applicant shall provide a letter of availability from the appropriate utility serving agencies prior to granting permits or final map. 24. Cable television services shall be provided and installed underground. The developer shall notify the Cable company when trenching for utilities is to be BF/02/CROl-140WP (9-27-88-1) 88-168 TPM Page 9 of 12 accomplished. A permit shall be obtained from the Public Works Department if work is to be conducted within the public rights-of-way. H. GENERAL REOUIRBHBNTS AND APPROVALS 25. If a homeowners association is to be utilized for the project, a copy of the Covenants, Conditions and Restrictions (CC&R's) and/or Articles of Incorporation of the Homeowners Association shall be subject to the review by the Community Development Department for compliance with conditions herein, to the satisfaction of the City Attorney and Director of Community Development, and shall be filed with the Secretary of State, the County Recorder and the City at the time of final map consideration. 26. Final parcel and tract maps shall conform to City standards and procedures and the Subdivision Map Act. 27. By separate document prior to the recording of the final subdivision map, or on the final subdivision map, there shall be granted to the City, an open space easement over all that area on the subject parcel west of the bluff edge. Said open space easement shall be approved as to form by the City Attorney and shall limit the use of said open space to recreational purposes, such as: lateral beach access, visual access to the face of the bluff and any future construction must be with proper permits. 28. Should this subdivision be further divided, each final map shall be submitted for approval by the Director of Public Works. 29. All provisions of the Subdivision Ordinance of the Encinitas Municipal Code shall be met as they relate to the division of land including the standard conditions of approval as attached. 30. Those portions of the subject property proposed to be held under common ownership shall be labeled such and identified by a separate lot number on the final map. 31. Prior to final map approval, all dedications shall be made and easements granted as required above. BF/02/CROl-140WP (9-27-88-1) 88-168 TPM Page 10 of 12 I. STANDARD MAP CONDITIONS (Chapter 24.16 of the Municipal Code) 32. That the subdivider install or agree to install all drainage and flood control structures and facilities required by the City Engineer, which drainage and flood control structures and facilities shall conform to the City standards and the General Plan. 33. That the subdivider install or agree to install fire hydrants and connections of a type and location approved by the Fire Chief and City Engineer. 34. That the subdivider shall provide that the subdivision be connected to a domestic water system approved by the city and all water system facilities shall be subject to the requirements of the water company or agency serving the subdivision. That the subdivider shall install or agree to install all required water systems necessary to serve the subdivision, including fire hydrants and connections as may be required, and that all water lines, appurtenances and service connections have been constructed or laid prior to paving or provisions have been made to ensure said construction. 35. That, where a sewer facility is constructed or laid within a street or road, the subdivider has installed or agreed to install sewer facilities of a type, size and location approved by the City Engineer to the property line of each lot within the subdivision and that all sanitary sewer lines, appurtenances and service connections have been constructed or laid prior to paving or provisions have been made to ensure said construction; and that all sewer system facilities and construction standards shall be subject to the requirements of the agency providing service to the subdivision. 36. All new and existing utility facilities, including, but not limited to power, telephone and cable television conduit and lines within the boundaries of any new subdivision and within any half-street abutting a new subdivision, shall be placed underground. The subdivider is responsible for complying with the requirements of this subsection, and he shall make the necessary arrangement with each of the serving utilities, including franchised cable television operators, for the installation of such facilities. Transformers, terminal boxes, meter cabinets, pedestals, concealed ducts and other facilities necessarily appurtenant to such underground utilities and street lighting systems may be BF/02/CROl-140WP (9-27-88-1) 88-168 TPM Page 11 of 12 '-'-~-----'-"----" - placed above ground subj ect to the subdivider's obtaining a Design Review Permit. The provisions of this subsection shall not apply to the installation and maintenance or overhead electric transmission lines in excess of 34,500 volts and long distance and trunk communication facilities. This installation of cable television lines may be waived when, in the opinion of the City Council, no franchised cable operator is found to be willing and able to install cable television lines in the subdivision. Notwi thstanding any such waiver, the installation of cable television conduit is required. 37. That the subdivider comply or agree to comply with all the conditions of approval contained in the resolution approving the tentati ve tract map and not otherwise provided for by this Chapter. 38. That all required improvements conform to City standards. 39. That the Public Works Director, or his designee, may waive any of the foregoing requirements for utilities or public improvements if a determination is made that the requirements are not necessary since this approval is for conversion of an existing, legally permitted duplex structure to condominiums. BF/02/CROl-140WP (9-27-88-1) 88-168 TPM paqe 12 of 12