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)