1989-11
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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)
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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
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. 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
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. 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