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1989-11 ' . 8 RESOLUTION NO. L-89-11 A RESOLUTION OF THE LEUCADIA COMMUNITY ADVISORY BOARD TO APPROVE A CONVERSION TO CONDOMINIUM OWNERSHIP FOR TWO DETACHED SINGLE FAMILY RESIDENCES LOCATED AT 1067/1069 NEPTUNE AVENUE (CASE NO. 89-079-TPM) WHEREAS, a request for consideration of a Tentative Parcel Map for conversion to condominium ownership was filed by Dean J. Foster to allow the conversion to condominium ownership for two detached single family residences, per section 24.40 of the Subdivision Ordinance of the City of Encinitas for property located at 1067/1069 Neptune Avenue, legally described as: Lot 18 in Block 6, South Coast Park, unit No. 2, in the County of San Diego, State of California, according to Map thereof No 1859, filed in the Office of the County Recorder of San Diego County, September 21, 1925. WHEREAS, a public hearing was conducted on the application, May 25, 1989 and all persons desiring to be heard were heard; and 8 WHEREAS, evidence was submitted and considered to include without limitation: 1. The staff report dated May 19, 1989; 2. The proposed General Plan, Local Coastal Program, Zoning Code and maps; 3. Oral evidence submitted at the hearing; 4. written evidence submitted at the hearing; 5. Documentation and site plans submitted by the applicant; and WHEREAS, the Leucadia Community Advisory Board made the required findings pursuant to Section 24.40 of the Subdivision Ordinance of the City of Encinitas (See Attachment "A"). NOW, THEREFORE, BE IT RESOLVED by the Leucadia Community Advisory Board of the City of Encinitas that the Tentative Parcel Map Application for conversion to condominium ownership is hereby approved subject to the following conditions: (1) One parking space per unit shall be provided on the site in addition to the two covered spaces per unit provided which are required by the Zoning Code. (2) The project as submitted is approved and shall not be ~2/CRO4-218WP5 altered without City approval. 1(2-8-89-1) CASE NO. 89-079-TPM (3) The project must comply with all conditions of 8 Chapter 24.40 of Title 24, Subdivision Ordinance for the City of Encinitas: Conversion of Residential Property. (4) The developer shall execute and record a covenant for the benefit of the city with the County Recorder agreeing not to oppose the formation of an assessment district to fund the installation of right-of-way improvements. (5) No obstructions shall be permitted within the public right-of-way to the satisfaction of the Public Works Department. (6) Owner(s) shall enter into a covenant waiving any claims of liability against the city and agree(s) to indemnify and hold harmless the city and city Employees relative to the approved project. 1. GENERAL CONDITIONS A. This approval will expire on May 25, 1991 after the approval of this project 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 agent within 15 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. At no time during the effective period of this permit shall the applicant be delinquent in the payment of taxes or other lawful assessments relating to the property which is the subject of this permit; E. 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; F. 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; CO~2/CRO4-218WP5 2(2-8-89-1) CASE NO. 89-079-TPM 8 G. Nothing in this permit shall relieve the applicant from complying with the conditions and regulations generally imposed upon activities similar l.n nature to the activity authorized by this permit; H. Nothing in this permit shall authorize the applicant to intensify the authorized activity beyond that which is specifically described in this permit; and o. Project is approved as submitted/modified and shall not be altered without community Development Department review and approval. P. Prior to final approval, the developer shall provide evidence of a Coastal Development Permit or Notice of Exemption from the California Coastal Commission satisfactory to the Planning and Community Development Department. APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 2. SITE DEVELOPMENT 8 A. 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, Traffic Fees, Drainage Fees, and Park Fees. These fees shall be paid prior to final map and condominium conversion approval. B. Building identification and/or addresses shall be placed on all new and existing buildings so as to be plainly visible from the street or access road; color of identification and/or addresses shall contrast with their background color. 3. STREETS AND SIDEWALKS A. 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. C~2/CRO4-218WP5 3(2-8-89-1) CASE NO. 89-079-TPM B. That the subdivider comply or agree to comply with 8 all the conditions of approval contained in the resolution approving the tentative tract map and not otherwise provided for by this Chapter. c. That all required improvements conform to city Standards. 8 C~2/CRO4-218WP5 4(2-8-89-1) . CASE NO. 89-079-TPM 8 PASSED AND ADOPTED this 25th day of May, 1989, by the following vote, to wit: AYES: Eldon, Harwood, Kaden, Locko, Shur NAYS: None /i ! ABSENT: None I \ // ABSTAIN: None Ít-;-..- '\ ~~/""" ---- ! !. ------- Dougl~s Harwood, Chairperson of the Leucadia Community Advisory Board i \ I ATTEST: . ¡ (~. {; C' '. \ç;1X\ ""c L . () '... ~-_.- \..-, .~ F ,"-' - ~-: ~ Craig Olson Assistant Planner 8 CO~2/CRO4-218WP5 5(2-8-89-1) . CASE NO. 89-079-TPM ATTACHMENT "A" 8 LEUCADIA COMMUNITY ADVISORY BOARD RESOLUTION NO. L-89-11 Findings for Conversion of Residential Property (Section 24.40 Encinitas Subdivision Ordinance) Regulatory Conclusions: A. All provisions of Chapter 24.40: Conversion of Residential Property of the Encinitas Subdivision Ordinance are met. Evidence to Consider: Section 24.40.020: Physical Elements Report A&B. This Section requires a structural conditions report by a licensed engineer as well as a report from a licensed structural pest control operator. Since the project is new construction and major remodeling, the requirement for these reports will be waived. 8 c. A soils and geological conditions report was not required at the time the building permit was issued because the new construction was considered to be a major addition to the existing duplex. If there is a structure that has been standing for a number of years on a site and no structural damage has occurred due to underlying soil and geological conditions, the site is considered to be stable for the construction of an addition. A soils and geological conditions report is not found to be necessary and the requirement for such studies is, therefore, waived. D. The statement of repairs and improvements will also be waived since the project is major remodeling and new construction. Section 24.40.050: Physical Standards for Condominimum Conversions A&B. Major remodeling and new construction require building permits and final building inspection when completed which would ensure compliance with the Municipal Code. PM./CRO2-51WP (5/16/88) 6 - . CASE NO. 89-079-TPM section 24.40.060: Specific Physical standards 8 A-I. Compliance with this section is required through conditions required for final map. (See Exhibit No. 1: Draft Resolution.) section 24.40.070 Notice to Tenants A-D. There were no tenants since new construction and major remodeling was involved. B. The proposed conversion is not inconsistent with any objectives or policies in the City General Plan specifically directed to the conversion. Evidence to Consider: The proposed conversion is consistent with the General Plan except for the density. The state Map Act exempts condominium conversions from General Plan density findings unless the General Plan specifically makes reference to conversions needing to be consistent. The Encinitas General Plan does not make such reference. When the project was initially approved it was in compliance. (See Section C below.) 8 c. 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 to Consider: The site has 7900 square feet. Given that the minimum net lot area required in the RS-11 Zone is 3,950 square feet per unit, 2 units would be permitted. On March 29, 1989, the right of way of Neptune Avenue was increased from 40 feet to 60 feet. An Irrevocable Offer of Dedication(IOD) of 10 feet for public right of way or 500 square feet (50 x 10) must be subtracted from the site. This leaves 7400/3950 = 1. 87 or one dwelling unit that would be permitted. The project density, therefore does not conform with current zoning requirements. Other factors need to considered in this case: (1) The Leucadia Community Advisory Board, on April 14, 1988, approved the Density Determination that found the project, as submitted, "to be compatible with the P.2/CRO2-51WP (5/16/88) 7 . . . CASE NO. 89-079-TPM surrounding development as it is proposed to be 8 developed at 10.89 units per acre whereas the adjoining properties are developed at 12.21 units per acre"(See Exhibit No. 3: Resolution No. L 88-13); (2) That the non-conformity was created by the requirement of the IOD by the City since the April 14, 1988 density approval. Since this is a pipeline proj ect which was in process when the regulations were changed, the project is considered non-conforming in terms of density. The front unit which was a remodeling and expansion of an existing residence has non- conforming encroachments into both the front and north side yard setbacks. D. The overall design and physical condition of the conversion achieves a high degree of appearance, quality and safety. Evidence to Consider: The project received Design Review approval from the Board on April 14, 1988. Occupancy is conditional on complying with all relevant Municipal Code regulations and compliance with Design Review conditions. . E. 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 to Consider: Since the project includes major reconstruction and new construction, no tenants are affected. PM'2/ CRO2 - 51 wp (5/16/88) 8