1988-43
RESOLUTION NO. OE-43
A RESOLUTION OF THE OLD ENCINITAS
COMMUNITY ADVISORY BOARD APPROVING A TENTATIVE PARCEL MAP
TO CREATE A ONE LOT AIRSPACE CONDOMINIUM FORM OF
OWNERSHIP FOR A BLUFF TOP DUPLEX ON THE WEST SIDE
OF FOURTH STREET BETWEEN "D" AND "E" STREETS
(Application 88-226 TPM)
WHEREAS a request for a Tentative Parcel Map to create a
one lot airspace condominium form of ownership for a duplex was
filed by John Dulich on the property legally described as Lots
7 and 10 in Block 41 of Encinitas, according to the Map
thereof, No. 148, filed in the Office of the San Diego County
Recorder; and
WHEREAS, a public hearing was conducted on the application
on August 4, 1988; and
WHEREAS, the Community Advisory Board considered:
1. The staff report dated July 27, 1988;
2. The proposed Tentative Parcel Map submitted by the
applicant;
3. Oral testimony submitted at the public hearing;
4. Written testimony submitted at the public hearing;
and
WHEREAS, the Community Advisory Board found that the
findings discussed in attachment "A" can be made in this
instance.
NOW THEREFORE, BE IT RESOLVED that Tentative Parcel Map
application 88-226 TPM is hereby approved subject to the
conditions contained in attachment "B".
TC/02/CRO4-111wp 1(8-11-88-1)
PASSED AND ADOPTED this 4th day of August, 1988, by the
following vote to wit:
Ayes: Couglar, Rollman, Tobias
Nays: None
Absent: Hano, Kauflin
Abstaining: None
7fNlAJ ~
Harry Couglar, Chairman of the
Old Encinitas Community Advisory Board
ATTEST:
'> ¿~~
/ ~ er-»----
Tom Curriden
Assistant Planner
TC/02/CRO4-111wp 2(8-11-88-1)
ATTACHMENT II A II
OLD ENCINITAS COMMUNITY ADVISORY BOARD
RESOLUTION NO. OE-43
(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.
1. (a) That the proposed map is not consistent
with applicable general and specific plans
as specified in Section 65451.
Evidence to Consider: The Old Encinitas
Community Advisory Board found that there is a
reasonable probability that the proposed duplex
for the subject property will be consistent with
the future zoning ordinance and General Plan
pursuant to Government Code Section 65360 and
City of Encinitas Ordinance 87-80, because the
densi ty proposed is within the range specified
by the land use policy map of the Draft General
Plan. There is no applicable specific plan.
The proposal is also consistent with the present
RV-15 zoning of the property.
(b) That the design or improvement of the
proposed subdivision is not consistent with
applicable general and specific plans.
Evidence to Consider: The duplex for which this
condominium map has been filed was found to be
in substantial compliance with the City's
adopted design criteria by the Old Encinitas
Community Advisory Board at their meeting of
August 4, 1988. The condominium map will
consolidate two legal lots as provided for under
the City of Encinitas Subdivision Ordinance and
State subdivision law.
(c) That the site is not physically suitable
for the type of development.
Evidence to Consider: The applicant has
submitted the geologic report from Ketchum
engineering dated October 20, 1987, and addendum
dated October 29, 1987, which state that the
development will not contribute to or be subject
to bluff failure within the structure
anticipated 75 year economic life.
(d) That the site is not physically suitable
for the proposed density of development.
TC/02/CRO4-111wp 3(8-11-88-1)
Evidence to Consider: The subject site is 7,800
sq. ft. in area, nearly level, and, based upon
the geologic report referenced under finding
l(c) above, can easily facilitate two units of
the size proposed.
(e) That the design of the subdivision or the
proposed improvements are likely to cause
substantial environmental damage or
substantially and avoidably injure fish or
wildlife or their habitat.
Evidence to Consider: The Old Encinitas
Community Advisory Board found that subject to
the mitigation measures specified in the
Negative Declaration for the duplex (application
88-225 DR), the project will have no significant
adverse impacts on the environment, or on fish,
wildlife, or their habitat. Creation of the
condominium form of ownership will result in no
other impacts.
(f) That the design of the subdivision or type
of improvements is likely to cause serious
public health problems.
Evidence to Consider: Letters of both sewer and
water availability have been submitted by the
applicant, and the subject duplex shall be
required to be properly connected to both prior
to occupancy. Therefore, the proj ect is not
likely to cause serious public health problems.
(g) That the design of the subdivision or the
type of improvements will conflict with
easements, acquired by the public at large,
for access through or use of, property
within the proposed subdivision.
Evidence to Consider: No ground supported
structure(s) will be located within the 8 ft.
public utilities easement to the west of the
duplex, and thus no conflict. No other
easements are of record.
2. The City Council and the authorized agency have not
taken action in accordance with Section 66474.5 of
the Act relating to land projects.
Evidence to Consider: section 66474.5 relates to
consistence of maps with specific plans, of which
there are none in this instance.
TCj02jCRO4-111wp 4(8-11-88-1)
3. 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.
Evidence to Consider: The condominium map conforms
with the requirements of the City's Subdivision
Ordinance as required by Sections 66473 and 66474.2
of the State Map Act.
4. The proposed subdivision is not entirely within the
corporate boundaries of the City.
Evidence to Consider: The subject property is
within the boundaries of the City of Encinitas.
5. The property is served by an on-site sewage disposal
system and the Health Department has not certified
that the system is satisfactory to support the
proposed subdivision.
Evidence to Consider: As noted under finding 1 (f) ,
the proj ect is served by public sewer and will thus
not have anyon-site sewage disposal system.
TC/02/CRO4-111wp 5(8-11-88-1)
.
STANDARD CONDITIONS OF APPROVAL
Subject: TPM to create condominium ownership for
bluff top duplex
Applicant: Dulich
Location: West of Fourth Street between "D" and "E"
Streets
Case No.: 88-226 TPM
CITY OF ENCINITAS
1. GENERAL CONDITIONS
A. 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.
B. Permits from other agencies will be required as
follows:
California Coastal Commission
C. Project is approved as submitted/modified and shall
not be altered without Old Encinitas Community
Advisory Board review and approval.
D. If occupancy of the units is permitted prior to
recordation of a final map, the applicant shall
provide satisfactory evidence to the Community
Development Department that Government Code Section
66452 have been satisfied relating to tenant
notification.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND
COMMUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE
FOLLOWING CONDITIONS:
2. SITE DEVELOPMENT
A. Prior to any use of the project site or bus iness
activity being commenced thereon, all conditions of
approval contained herein shall be completed to the
satisfaction of the Director of Community
Development.
3. GENERAL REOUIREMENTS AND APPROVALS
A. Final parcel and tract maps shall conform to City
standards and procedures and the Subdivision Map Act.
TC/02/CRO4-111wp 6(8-11-88-1)
.
CASE NO. 88-226 TPM
4. STANDARD MAP CONDITIONS (Chapter 24.16 of the
Municipal Code)
A. 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.
B. 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
other required utilities extending beyond the
boundaries of the subdivision.
C. 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.
D. 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 ci ty 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
subj ect to the requirements of the agency providing
service to the subdivision.
E. 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.
F. That all required improvements conform to city
Standards.
TC/02/CRO4-111wp 7(8-11-88-1)