1991-17
. RESOLUTION NO. NE 91-17
A RESOLUTION OF THE NEW ENCINITAS
COMMUNITY ADVISORY BOARD APPROVING A TENTATIVE PARCEL MAP
FOR CONVERSION OF AN EXISTING COMMERCIAL
STRUCTURE INTO A CONDOMINIUM FORM OF OWNERSHIP
FOR PROPERTY LOCATED AT
1443 ENCINITAS BOULEVARD
(CASE NO. 91-189 TPM)
WHEREAS, Edward B. Coffee applied for a Tentative Parcel Map
to create a condominium form of ownership of two existing
commercial units located at 1443 Encinitas Boulevard legally
described as follows:
SEE ATTACHMENT 'A'
WHEREAS, a public hearing was conducted on application
No. 91-189 TPM on December 2, 1991 by the New Encinitas Community
Advisory Board, at which time all persons desiring to be heard were
. heard: and,
WHEREAS, evidence was submitted and considered
to include without limitation:
a. Tentative Parcel Map submitted by the applicant and dated
received by the City on October 25, 1991.
b. Written information submitted with the application;
c. Oral testimony from staff, applicant, and public made a
part of the record at said public hearing;
d. CAB staff report (91-189 TPM) dated November 21, 1991
which is on file in the Department of Planning and
Community Development; and
e. Additional written documentation.
WHEREAS, the New Encinitas Community Advisory Board made the
following findings pursuant to Section 24.40.100 of the City of
Encinitas Subdivision Ordinance:
1. All provisions of this Chapter are met.
. wp91-189tpm 12/2/91
. Evidence: Chapter 24.40 contains development
standards applicable to conversion to condominiums
or stock cooperatives. Subject to the conditions
of approval contained in the attached resolution,
those standards will be complied with.
2. The proposed conversion is not inconsistent with
any objectives or policies in the City General Plan
specifically directed to the conversion.
Evidence: The General Plan has no specific
policies or objectives that relate specifically to
commercial condominium conversions. Therefore,
this finding does not apply to the proposed
project.
3. The proposed conversion conforms to the Municipal
Code in effect at the time of Tentative Map
approval except as otherwise provided in this
Chapter.
Evidence: Section 30.20.010K of the Municipal Code
requires that all commercial condominium conversion
projects meet all requirements of the zone to the
maximum extent possible within the constraints of
the existing development, and that in no case shall
. the requirements for screening of storage/sales
areas or mechanical equipment be waived (see
condition #21). The project does meet all the
requirements of the zone, and is conditioned so
that all of the required areas be screened.
4. The overall design and physical condition of the
conversion achieves a high degree of appearance,
quality and safety.
Evidence: The New Encinitas Community Advisory
Board approved a variance for an addition to the
existing building on June 3, 1991 (Case # 91-081
DR/V). The owner is currently remodeling the
interior of the structure in addition to the
approved addition, and, therefore, the project will
conform to all UBC standards which will insure
quality and safety. Further, the New Encinitas CAB
has already approved the Design Review of the
remodeled structure thus ensuring a high degree of
appearance.
5. The conversion would not displace predominantly low
and moderate income families or tenants without
adequate provisions for suitable relocations of
. such families or tenants.
wp91-189tpm 12/2/91
. Evidence: The existing structure was previously
used as a bank building and has never been used as
residential property. Therefore, this finding is
not applicable to the project.
NOW, THEREFORE, BE IT RESOLVED THAT the application for
Tentative Parcel Map 91-189 TPM is hereby approved subject to the
following conditions:
1. Pursuant to City of Encinitas Subdivision Ordinance
25.50.130, the Final Parcel Map must be recorded in
substantial conformance to this Tentative Parcel Map
within 24 months of the date of approval (5:00 p.m.,
December 2, 1993) or this approval will no longer be
valid.
2. This approval may be appealed to the Planning Commission
within 15 calendar days from the date of this approval.
3. Address numbers shall be clearly visible from the street
fronting the structure.
4. Prior to final recordation, the applicant shall submit a
letter from the Fire District stating that all
development impact, plan check, and/or cost recovery fees
have been paid or secured to the satisfaction of the
. district.
5. The newly converted condominium must comply with the
currently adopted edition of the U.B.C.
6. The applicant shall furnish the Community Development
Department with a Coastal Development Permit or Notice of
Exemption from the California Coastal Commission (if
applicable) prior to recordation of Final Map. The owner
shall be responsible for recordation of the condominium
map with the state Department of Real Estate (if
applicable).
7. Prior to recordation of the Final Parcel Map, the
owner(s) shall have the proposed Parcel Map approved by
the Authorized Agency of the City of Encinitas.
8. The applicant shall remit the appropriate impact fees
pursuant to Chapter 23 of the Municipal Code or present
evidence that the project is not subject to fees.
9. Prior to any work in the public right-of-way, a right-of-
way construction permit shall be obtained from the Public
Works office and appropriate fees paid, in addition to
any other permits required (if applicable).
. wp91-189tpm 12/2/91
. 10. The owner (s) 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.
11. Each unit shall be separately metered for gas and
electricity. Separate water meters or a plan for
equitable sharing of communal water metering shall be
developed prior to final map approval and included in
the Covenant, Conditions and Restrictions.
12. The developer shall be responsible for coordination with
S.D.G. & E., Pacific Telephone, and other applicable
utility authorities.
13. The developer shall comply with all the rules,
regulations and design requirements of the respective
utility agencies regarding services to the project.
14. All proposed utilities within the project shall be
installed underground including existing utilities unless
exempted by the Municipal Code.
15. The developer shall be responsible for the relocation and
undergrounding of existing public utilities, as required.
. 16. If private sewer will serve this development then a
maintenance agreement must be executed before recordation
of the Final Map.
17. This project will be approved specifically as 1 (single)
phase.
18. All landscaping shall be maintained to achieve a high
degree of appearance and quality.
19. Maintenance of Fire Protection Systems. All fire
hydrants, fire alarm systems, portable fire extinguishers
and other fire protective appliances shall be retained in
an operable condition at all times.
20. Shock Mounting of Electrical Equipment. All permanent
mechanical equipment such as motors, compressors, pumps,
and compactors which is determined by the Department of
Planning and Community Development to be a source of
structural vibration or structure borne noise shall be
shock mounted in inertia blocks or bases and/or vibration
isolators in a manner approved by the Department of
Planning and Community Development. The structure shall
conform to all interior and exterior sound transmission
standards of the Uniform Building Code and General Plan.
. LN/CAB14-189wp
. ATTACHMENT "A"
::r...:~:'~[)~-5~~~5~g~}(~~~. .~~:t~~:, .:'.
-.. .
. PARCEL.3 OF PAACEL MAP NO. 6896, IN THE COUNTY OF SAN DIEGO,
.STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO qOUNTY, FEBRUARY 9, 1978 AS FILE NO. 78-054869 OF
OFFICIAL RECO DS.
.
PARCEL B:
A NON-EXCLUSI E EASEMENT FOR SANITARY SEWER OVER, UNDER, ALONG
AND ACROSS T T PORTION OF PARCEL 2 OF PARCEL MÞ.P NO. 6896, IN
THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE
OFFICE OF TH , COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 9,
1978 AS-FILEJ10. 78-054869 OF OFFICIAL RECORDS, BEING A STRIP OF
. .'
LAND 5.00 FEET IN WIDTH, LYING 2.50 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTER LINE: I
.
BEGINNING AT AN ANGLE POINT OF SAID PARCEL 2, BEING ALSO THE
. NORTHWESTERLY CORNER OF. PARCEL 3 OF SAID PARCEL MAP 6896; THENCE
WESTERLY ALONG THE NORTHERLY LINE THEREOF NORTH 87.32'50" WEST
10.63 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID
NORTHERLY LINE SOUTH O' 37 I 19 II EAST 65. 00 FEET; THENCE NORTH
89.22141" EAST 10.62 FEET TO THE WESTERLY LINE OF SAID PARCEL 3.
I
THE SIIDE LINES OF SAID EASEMENT SHALL BE PROLONGED OR SHORTENED
SO AS to BEGIN IN THE NORTHERLY LINE OF SAID PARCEL 2 AND
TERMINATE IN THE WESTERLY LINE OF SAID PARCEL 3.
ì
A NON-EXCLUSIVE EASEMENT AND RIGHT OF WAY FOR INGRESS AND
EGRESS~ OVER, UNDER, ALONG AND ACROSS A STRIP OF LAND 30.00 FEET
IN WIDTH, OVER THAT PORTION OF PARCEL 2 OF PARCEL MAP NO. 6896,
IN THE!COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 9,
1978 A; FILE NO. 78-054869 OF OFFICIAL RECORDS, LYING WESTERLY
OF AND ADJOINING THE WESTERLY LINE OF PARCEL 3 OF SAID PARCEL
MAP.
THE SIÖE LINES OF SAID 30.00 FOOT STRIP OF LAND TO TERMINATE
NORTHERLY IN THE NORTH LINE OF SAID PARCEL 2, AND TERMINATE
SOUTHERLY ON THE WESTERLY PROLONGATION OF SAID PARCEL 3.
. ,
.. . . . ..
::;..
.
. 21. All storage/sales areas or mechanical equipment areas are
to be screened from view to the satisfaction of the
Community Development Department.
22. All conditions contained in Resolution No. NE 91-09 which
pertains to project 91-081 approved by the New Encinitas
Community Advisory Board on June 3, 1991 shall be
complied with to the satisfaction of the Director of
Planning and Community Development.
PASSED AND ADOPTED this 2nd day of December, 1991, by the
following vote, to wit:
AYES: Grajek, Beck, Felker, Weaver
NAYS: None
ABSENT: Patton
ABSTAIN: None
. ATTEST:
D. e cQ
/ V \),. t l:: .' .~-~--
Craig R. Olson, Assistant Planner
. LN/CAB14-189wp
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