1988-28
_._-_.._~...... ...........-----..-.......-.... -------~_.....-....~....._...-...._-
RESOLUTION NO.: L88-28
A RESOWTION OF THE LEUCADIA COMMUNITY ADVISORY BOARD
OF THE CITY OF ENCINITAS APPROVING
A TENTATIVE PARCEL MAP TO ALLOW
CONVERSION OF AN EXISTING DUPLEX TO CONDOMINIUM UNITS
LOCATED AT 327 AND 329 FULVIA STREET
(CASE NUMBER 88-235 TPM)
WHEREAS, a request for consideration of a Tentative Parcel
Map was filed by Thomas Woolery to allow for conversion of an
existing duplex to two condominium units as per Chapter 24.01
of the City of Encinitas Municipal and Zoning Codes, for the
property located at 327 and 329 Fulvia Street, also known as
assessor's parcel number 256-253-14, legally described as;
SEE ATTACHMENT "A"
WHEREAS, a public hearing was conducted on the application
on October 13, and October 27, 1988; and
WHEREAS, the Leucadia Community Advisory Board of the City
of Encinitas, considered:
1. The staff reports dated October 4, and October 17,
1988;
2. The application and maps submitted by the applicant;
3. Oral evidence submitted at the hearing;
4. Written evidence submitted at the hearing; and
5. The proposed General Plan, Local Coastal Plan, the
Zoning Code and maps.
BF/02/CABI0-I037wp 1(11-17-88\2) CASE NUMBER: 88-235 TPM
Page 1 of 9
,~, ..., "'.__.__._--".._---'~.._.._-------~.__._----,..__.._-
WHEREAS, the Leucadia Community Advisory Board of the City
of Encinitas made the following findings pursuant to the
-' Municipal Code:
SEE ATTACHMENT liB"
NOW, THEREFORE, BE IT RESOLVED by the Leucadia Community
Advisory Board of the City of Encinitas that application 88-235
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) which
allows for the division of existing units into condominium
- ownership.
PASSED AND ADOPTED this 27th day of October, 1988, by the
following vote, to wit:
AYES: Eldon, Dean, Goldstein
NAYS: None
ABSENT: Reed, Harwood ~~.
Chairman of the Leucadia
Community Advisory Board
of the City of Encinitas
ATTEST:
~~~~istant Planner
'- BF/02/CABI0-I037wp 2(11-17-88\2) CASE NUMBER: 88-235 TPM
Page 2 of 9
ATTACHMENT "A"
That portion of Lot 6 in Block "B" of South Coast Park annex,
- in the City of Encinitas, County of San Diego, State of
California, according to map thereof No. 1788, filed in the
office of the County Recorder of said county, march 29, 1924.
Lying northerly of the following described line:
Beginning at a point in the westerly line of said Lot 6,
distant thereon south 15°43'30" east 304.48 feet from the most
northerly corner of said Loti thence north 74°16'30" east to an
angle point in the northeasterly line of said Lot at the
northerly extremity of that certain course shown on said map as
having a bearing of north 33°24'30" west and a length of 232.98
feet.
Excepting therefrom that portion lying northerly of a line
described as follows:
Beginning at a point on the westerly line of said Lot 6, which
is distant thereon south 15°43'30" east 184.48 feet from the
most northerly corner of said Lot; thence along said westerly
line south 15°43'30" east 60 feet to the true point of
beginning of the herein described line; thence north 74°07'45"
east 117.34' feet to a point in the northeasterly line of said
Lot 6.
BF/02/CABI0-I037wp 3(11-17-88\2) CASE NUMBER: 88-235 TPM
Page 3 of 9
.. '--.----.-.-------.--.---------....,-.........--------..--,---""'---
ATTACHMENT "B"
Findings Pursuant To Section 24.01.080
Municipal Code for Subdivisions
'-
The authorized agency makes any of the findings contained in
Section 66474 of the Act.
1. That the proposed map is consistent with applicable
general and specific plans as specified in Section 65451
of the Subdivision Map Act.
2. That the design or improvement of the proposed
subdivision is consistent with applicable general and
specific plans.
Evidence to Consider:
This property is designated as #7 Residential (10.9
dwelling units per acre). The property may be subdivided
as proposed and developed with one single family dwelling
on each lot 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 11.1 units per acre.
3. That the site is physically suitable for the type of
development.
Evidence to Consider:
The site features a fairly level building lot adjacent to
Fulvia Street, which can easily facilitate the type of
development allowed. Subject to the recommended
conditions of approval there will be no other physical
constraints to development.
4. That the site is physically suitable for the proposed
density of development.
Evidence to Consider:
The density of development will be relatively medium
density multi-family residential. The project is
presently constructed and occupied as a duplex residence.
5. That the design of the subdivision or the proposed
improvements are not likely to cause substantial
environmental damage or substantially and avoidable 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,
BF/02/CABI0-I037wp 4(11-17-88\2) CASE NUMBER: 88-235 TPM
Page 4 of 9
.... ...........---.---......-.... --_.._...__._-~_..-.._--_..~..,..,,--_.__.....-.......~--......_.........-"---------"-"'"
the Board have found the project to be categorically
exempt from further environmental review under Section
15301 (k) of the State California Environmental Quality
Act.
6. That the design of the subdivision or type of
improvements is not likely to cause serious public health
problems.
Evidence to Consider:
As mentioned earlier the applicant has obtained letters of
availability for sewer and water service availability (and
is already served by these entities), and is thus not
likely to cause any serious public health problems.
BF/02/CABI0-I037wp 5(11-17-88\2) CASE NUMBER: 88-235 TPM
Page 5 of 9
.~~_.._..._-_....--,..._....--..-----_._-~--._'"..~.._..._.."._._.....,--"'---. ...._------~-------
ATTACHMENT "c"
AP P LI CANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND
COMMUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE
FOLLOWING CONDITIONS (ITEMS 1 THROUGH 12):
I. SPECIFIC CONDITIONS
1. Access rights be relinquished to Hygeia Avenue.
2. A statement be added to the map reflecting that the
use of each unit is only for one single family unit
and that the lower basement area will not be occupied
or used by anyone other than the occupant of the
unit.
II. STANDARD CONDITIONS
GENERAL CONDITIONS
3. This approval will expire on October 27, 1990, after
the approval of this project unless the conditions
have been met or an extension has been approved by
the authorized agency (agent).
4. This approval may be appealed to the authorized
agency (agent) within 10 days from the date of this
approval.
5. In the event that any of the conditions of this
permit are not satisfied, the Planning and Community
Development Department shall cause a noticed hearing
to be sent before the authorized agency (agent) to
determine why the City of Encinitas should not revoke
this permit.
6. Upon a showing of compelling public necessity
demonstrated at a noticed hearing, the City of
Encinitas, acting through the authorized agency
(agent), may add, amend, or delete conditions and
regulations contained in this permit.
7. Nothing in this permit shall authorize the applicant
to intensify the authorized activity beyond that
which is specifically described in this permit.
8. 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.
BF/O2/CABI0-I037wp 6(11-17-88\2) CASE NUMBER: 88-235 TPM
Page 6 of 9
9. Permits or findings of exemption shall be obtained
from other agencies as follows:
a. Coastal Commission
10. The application is approved as submitted/modified and
shall not be altered without authorized agency
(agent) review and approval.
11. For new or converted residential dwelling unites),
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, Traffic Fees,
Drainage Fees, and Park Fees. These fees shall be
paid prior to (as applicable):
a. Final map approval; or
b. Building permit issuance; or
c. Final occupancy inspection.
12. Any change to the natural drainage or concentration
of drainage shall be adequately handled and shall not
impact adjacent properties.
~- APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
(ITEMS 13 THROUGH 15):
STREETS AND SIDEWALKS
13. 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.
14. An Irrevocable Offer of Dedication (I.O.D.) shall be
made for 10 feet along Hygeia Avenue and Fulvia
Street adjacent to the property for public right-of-
way purposes.
Hygeia Avenue and Fulvia Street are classified as a
Local streets requiring a 60 foot right-of-way or 30
feet from the official centerline of such street.
DRAINAGE AND FLOOD CONTROL
15. A drainage system capable of handling and disposing
of all surface water originating within the
BF/02/CABI0-I037wp 7(11-17-88\2) CASE NUMBER: 88-235 TPM
Page 7 of 9
.~_....._-_.._-~---_........-.........._...-..-..............__.- ...----.......-..---
development, and all surface waters that may flow
onto the development 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.
APPLICANT SHALL CONTACT THE APPROPRIATE AGENCY REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS (ITEMS 16
THROUGH 27):
UTILITIES
16. utility easements shall be provided to the
specification of the serving utility companies and
the Director of Public Works.
17. Applicant shall provide a letter of availability from
the appropriate utility serving agencies prior to
granting permits or approval of final map.
GENERAL REQUIREMENTS AND APPROVALS
18. 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.
19. Final parcel and tract maps shall conform to City
standards and procedures and the Subdivision Map Act.
20. Should this subdivision be further divided, each
final map shall be submitted for approval by the
Director of Public Works.
21. 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.
22. Prior to final map approval, all dedications shall be
made and easements granted as required above.
STANDARD MAP CONDITIONS
23. That the subdivider provide all necessary easements
and right-of-way to accommodate all streets, drainage
and flood control structures and facilities, sewer
systems, water systems, cable television and all
BF/02/CABI0-I037wp 8(11-17-88\2) CASE NUMBER: 88-235 TPM
Page 8 of 9
other required utilities extending beyond the
boundaries of the subdivision.
24. 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. Trans formers, terminal boxes, meter
cabinets, pedestals, concealed ducts and other
facilities necessarily appurtenant to such
underground utilities and street lighting systems may
be placed above ground subj ect to the subdi vider' 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
operatór is found to be willing and able to install
cable television lines in the subdivision.
Notwithstanding any such waiver, the installation of
cable television conduit is required.
25. That the subdivider comply or agree to comply with
all the conditions of approval contained in the
resolution approving the tentative tract map and not
otherwise provided for by this Chapter.
26. That all required improvements conform to City
Standards.
27. The Director of Public works or his designee or the
authorized agency (agent) has the authority to waive
or modify any conditions within this documen
BF/02/CABI0-I037wp 9(11-17-88\2) CASE NUMBER: 88-235 TPM
Page 9 of 9