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1991-12 RESOLUTION NO. L-91-12 A RESOLUTION OF THE LEUCADIA COMMUNITY ADVISORY BOARD APPROVING A TENTATIVE PARCEL MAP FOR CONVERSION OF TWO EXISTING RESIDENTIAL UNITS INTO A ONE LOT CONDOMINIUM FORM OF OWNERSHIP LOCATED AT 1002 AND 1004 HYGEIA AVENUE (CASE NO. 91-056 TPM) WHEREAS, a request for consideration of Tentative Parcel Map 91-056 was filed by Clark L. Clowar for conversion of a duplex into a one lot condominium form of ownership for property located at 1002 and 1004 Hygeia Avenue legally described as; The southerly 77 feet of Lot 23 in Block 4 of South Coast Park, according to Map thereòf No. 1776, filed in the Office of the County Recorder of San Diego County, January 11, 1924. Excepting therefrom the westerly 100 feet. WHEREAS, a public hearing was conducted on the application on May 9, 1991 and all persons desiring to be heard were heard; WHEREAS, the Community Advisory Board considered: 1. The staff report dated April 30, 1991; 2. The application Tentative Parcel Map submitted by the applicant and dated received by the City on March 19, 1991; 3. Oral evidence submitted at the hearing; 4. written evidence submitted at the hearing; and WHEREAS, the Leucadia Community Advisory Board made the following findings pursuant to section 24.40.100 of the City of Encinitas Subdivision Ordinance. (See Attachment "A") MB/03/CR09-806wp5 1(5/14/91-3) NOW THEREFORE, BE IT RESOLVED that Tentative Parcel Map 91- 056 TPM is hereby approved in accordance with Chapter 24.40 of the City of Encinitas Subdivision Ordinance subject to the following conditions: 1. Pursuant to City of Encinitas Subdivision Ordinance 24.50.130, 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., May 9, 1993), or this approval will no longer be valid. 2. This approval may be appealed to the authorized agency 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 applicant shall furnish the Community Development Department with a Coastal Development Permit or Notice of Exemption from the California Coastal Commission prior to recordation of the Final Map. The owner shall be responsible for recordation of the condominium map with the State Department of Real Estate. 6. 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. 7. 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 the fees. 8. Prior to any work being performed 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. 9. 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. MB/03/CR09-806wp5 2(5/14/91-3) 10. Improvements constructed within the present or future public right-of-way shall be considered temporary. Applicant shall enter into an encroachment removal covenant agreeing to remove those improvements at the direction of the city. 11. Each dwelling 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 Covenants, Conditions and Restrictions. 12. The developer shall be responsible for coordination with S.D.G. & E., Pacific Telephone, and Cable TV 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 exempt 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. The developer shall provide written certification to the buyer of each unit at the close of escrow that any dishwashers, garbage disposals, stoves, refrigerators, hot water tanks, and air conditioners that are provided are in operable working condition as of the close of escrow. 20. Should the Director of Planning and Community Development determine that the condominium conversion will displace a tenant family qualifying as moderate, low or very low income, the applicant shall provide a relocation service to assist the tenant or tenants in finding suitable replacement housing at comparable rent to what the tenants are presently paying (i.e., rent as of date of approval adjusted by the consumer price index). MB/03/CR09-806wp5 3(5/14/91-3) 21. Smoke Detectors. Each living unit shall be provided with approved detectors of products of combustion other than heat conforming to the latest Uniform Building Code standards, mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to rooms used for sleeping purposes. 22. Maintenance of Fire Protection Systems. All fire hydrants, f ire a larm systems, portable f ire extinguishers and other fire protective appliances shall be retained in an operable condition at all times. 23. Shock mounting of Mechanical 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. 24. Noise Standards. The structure shall conform to all interior and exterior sound transmission standards of the Uniform Building Code. In such cases where present standards cannot reasonably be met, the authorized agency may require the applicant to notify potential buyers of the noise deficiency currently existing within these units. 25. Private Storage Space. Each unit shall have at least 200 cubic feet of enclosed weather-proofed and lockable private storage space in addition to closets customarily provided. Such space may be provided in any location approved by the Department of Planning and Community Development, but shall not be divided into two or more locations. 26. Laundry Facilities. A laundry area shall be provided in each unit; or if common laundry areas are provided, such facilities shall consist of not less than one automatic washer and dryer for each five units or fraction thereof. In such cases where the subdivider can demonstrate that this standard cannot or should not reasonably be met, this standard may be modified by the authorized agency. 27. All discrepancy items noted in the physical inspection report, dated March 7, 1991, prepared by safeguard Property Inspection Service must be satisfied as follows: MB/03/CR09-806wp54(5/14/91-3) DISCREPANCY ITEMS - unit #1002 A. upstairs bathroom basin faucet is leaking when turned on. B. Downstairs smoke alarm is not working. DISCREPANCY ITEMS - unit #1004 A. Around the upstairs bathroom tub needs caulking between the tub and the walls. B. Upstairs floor by the bathroom door is squeaking. C. The kitchen cabinet drawer needs to be repaired. D. The exhaust fan in the downstairs bathroom needs a cover plate. E. The wall at the bottom of the shower is deteriorating and needs to be repaired. F. The bottom tile in the shower needs the joints recaulked. G. The shower door is leaking at the bottom. H. The two smoke detectors do not work. 28. All recommendations called out in the Pest Control Inspection Report, dated March 6, 1991, prepared by Terminix, must be satisfied as follows: A. Owner / Agent should engage the services of a licensed contractor to remove cracked tile and/or loose grout. The area(s), concealed by the cracked tile and/or grout, shall be inspected by a licensed structural pest control operator. A supplemental report shall be filed at such time, to determine if any measures need to be taken for pest control. B. Fumigate the carport for the control of drywood termites. Remove or cover drywood termite fecal pellets in accessible areas. Owner / agent to prepare the structure for fumigation as per list of instructions to be furnished by this company. The structure must be vacated until released for reentry by the licensed fumigator. MB/03/CR09-806wp5 5(5/14/91-3) C. Fumigate the deck for the control of drywood termites. Remove or cover drywood termite fecal pellets in accessible areas. Owner/agent to prepare the structure for fumigation as per list of instructions to be furnished by this company. The structure must be vacated until released for reentry by the licensed fumigator. D. Owner / agent should engage the services of a licensed contractor to remove fungus damaged wood member(s) of the deck and replace with new materials. E. The fungus damage to the decking appears to have been caused due to poor drainage. The deck drainage shall be inspected by a licensed contractor and appropriate measures to mitigate any drainage problems shall be taken. 29. Three feet shall be dedicated by the developer along the subdivision frontage based on a center line to right-of- way width of 28 feet in accordance with City of Encinitas Standards. BE IT FURTHER RESOLVED by the Leucadia community Advisory Board of the city of Encinitas that: This project was found to be exempt from environmental review pursuant to section 15301(k) of CEQA. PASSED AND ADOPTED this 9th day of May 1991 by the following vote, to wit: AYES: Boardmembers Jacobson, Eldon, Allen, Buck and Gilholm NAYS: None ABSENT: None ABSTAIN: None , Chairperson of the unity Advisory Board ATTEST: J ~~--~-)' ~-, Diane S. Langager Acting Assistant PIa MB/03/CR09-806wp5 6(5/14/91-3) ATTACHMENT "A" LEUCADIA COMMUNITY ADVISORY BOARD RESOLUTION NO. L-91 12 CASE NO. 91-056 TPM Findings pursuant to section 24.40.100 of the City of Encinitas Subdivision Ordinance: 1. All provisions of this Chapter are met. Evidence: Chapter 24.40 contains development standards applicable only 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: There is not sufficient information available to demonstrate that Policy 1.5 of the Housing Element of the General Plan is not being met; the policy relates to condominium conversions creating an imbalance in the rental housing stock. Evidence in the record establishes that there are approximately 2,900 rental units existing in the City of Encinitas at this time and 2 units being converted to condominiums would not tend to create an imbalance. City records indicate that approximately 86 units have been converted to condominiums since mid 1987; no trend toward conversion appears to be established. 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 30.16-010.D of the zoning Code has specific provisions which condominium conversions are required to meet. All provisions of this section have either been met or have been determined to be non-applicable, with exception to Item A below, which the Community Advisory Board hereby waives. A. The following recreation facilities are waived since the existing rear yard area of approximately 5,005 square feet can provide MB/03/CR09-806wp57(5/14/91-3) recreational opportunities sui table to the size and scale of the project. a. Children's play area b. swimming Pool c. Family picnic area section 24.40.040 (B) of the City of Encinitas Subdivision Ordinance provides that legally nonconforming aspects of the property or improvements may be maintained provided that those nonconforming improvements to the structure to be converted are not expanded. Staff has not identified any nonconforming characteristics of the proposed conversion to a condominium form of ownership. The proposed conversion is in conformance with current Municipal Code regulations. subject to the conditions of approval contained in the resolution, those standards will be complied with. Item A below is waived by the community Advisory Board. 4. The overall design and physical condition of the conversion achieves a high degree of appearance, quality and safety. Evidence: subject to the conditions stated in the Resolution that the owner perform the suggested structural improvements outlined in the physical inspection report and the pest control report, it can be found that the structures achieve an acceptable degree of appearance, quality and safety. 5. The conversion would not displace predominantly low and moderate income families or tenants with adequate provisions for suitable relocations of such families or tenants. Evidence: Based on documentation submitted by the applicant, no low or moderate income facilities will be displaced. MB/03/CR09-806wp5 8(5/14/91-3)