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