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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)