1991-03
RESOLUTION NO. L-91-03
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 150 AND 152 COOP COURT
(CASE NO. 90-268 TPM)
WHEREAS, a request for consideration of Tentative Parcel Map
90-268 was filed by Dennis Burns for conversion of a duplex into
a one lot condominium form of ownership for property located at 150
and 152 Coop Court, legally described as;
Lot 4 of La Costa del Pacifico, according to map there
of No. 8359, filed in the office of the County Recorder
of San Diego County, August 13, 1976.
WHEREAS, a public hearing was conducted on the application on
January 10, 1991 and;
WHEREAS, the community Advisory Board considered:
1. The staff report dated January 3, 1991;
2. The Tentative Parcel Map submitted by the applicant and
dated received by the City on November 26, 1990;
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")
NOW THEREFORE, BE IT RESOLVED that Tentative Parcel Map 90-
268 TPM is hereby approved in accordance with Chapter 24.40 of the
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City of Encinitas Subdivision Ordinance subject to the following
conditions:
1. Smoke detectors. Each living unit shall be provided with
approved detectors of products of combustion other than
heat conforming to the latest U.B.C. 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.
2. Maintenance of Fire Protection Systems. All fire
hydrants, fire alarm systems, portable fire extinguisher
and other fire protective appliances as required by the
Fire Marshal shall be retained in an operable condition
at all times.
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. 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.,
January 10, 1993), or this approval will no longer be
valid.
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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.
10. The developer shall comply with all the rules,
regulations and design requirements of the respective
sewer and water agencies regarding services to the
project.
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. Concentrated flows across driveways and/or sidewalks
shall not be permitted.
14. The developer shall comply with all the rules,
regulations and design requirements of the respective
utility agencies regarding services to the project.
15. 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 Community
Development Department but shall not be divided into two
or more locations.
16. 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.
17. 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 with inertia blocks or bases and/or
vibration isolators in a manner approved by the
Department of Planning and Community Development.
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18. 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.
19. All landscaping shall be restored as necessary and
maintained to achieve a high degree of appearance and
quality.
20. 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.
21. Prior to recordation of the final map, the owner shall
provide satisfactory evidence of compliance with
recommended measures contained in the Physical Elements
Report from Spencer-Luey, Inc., dated November 1, 1990
to include the following
a. Repair/reinforce the outside deck railing and
adjacent floor area (both units).
b. Repair electrical circuit in the smoke detector (150
Coop ct.).
c. Replace water heater (both units).
d. Repair right front burner of stove (150 Coop Court) .
22. Prior to recordation of the final map the owner shall
provide satisfactory evidence of compliance with
recommended measures contained in the Pest Control
Inspection Report from Antimite dated 11/5/90 to include
the following:
a. Repair fungus damaged wood on deck.
b. Repair earth to wood contact on entry stairways.
c. Cover house and garage and fumigate for the
elimination of drywood termites; cover or remove
accessible termite pellets.
23. 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 (Le., rent as of date of
approval adjusted by the consumer price index).
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24. This approval may be appealed to the authorized agency
within 15 calendar days from the date of this approval.
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 10th day of January, 1991 by the
following vote, to wit:
AYES: Boardmember Shur, Eldon, Jacobsen, Kaden and Locko
NAYS: None
ABSENT: None
ABSTAIN: None ~~ - ~L
Al ur, Chairperson of the
Leucadia Community Advisory Board
ATTEST:
. ,,--J) J ¿-¿ '1~/ ,_5.
Dlane S. Langager, Planner
DL/04/CM16-2437WP5 11(1-27-91/3)
ATTACHMENT "A"
LEUCADIA COMMUNITY ADVISORY BOARD
RESOLUTION NO. C-90-36
CASE NO. 90-268 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. Subj ect to the conditions of approval the
project will be in conformance with the standards of Chapter
24.40 of the Municipal Code.
2. The proposed conversion is not inconsistent with any
objectives or policies in the City General Plan specifically
directed to the conversion.
Evidence: Housing Element Policy 1.5 of the General Plan
discourages the conversion of existing rental housing to
prevent a diminishing inventory of affordable rental stock.
There is not sufficient information available to demonstrate
that Housing Element Policy 1.5 is not being met. Evidence
in the record establishes that there are approximately 2,900
rental units existing in the City of Encinitas at this time
and two units being converted to condominium would not tend
to create an imbalance. Additionally, City records indicate
that approximately 80 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(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.
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 on the structure to be converted
are not expanded. No nonconforming aspects of the structures
are proposed for expansion as part of the condominium
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conversion subject to the conditions of approval contained in
the resolution the project will be in conformance with current
Municipal Code regulations.
4. The overall design and physical condition of the conversion
achieves a high degree of appearance, quality and safety.
Evidence: Within the resolution of approval the project is
conditioned to perform the suggested improvements specified
within the Physical Elements Report and the Pest Control
Inspection Report. with said improvements the structures will
achieve an acceptable degree of appearance and quality and
safety.
5. The conversion would not displace predominately low and
moderate income families or tenants without adequate provision
for suitable relocation of such families or tenants.
Evidence: Both units of the duplex are occupied by tenants
of moderate incomes evidenced in the Tenants Certification of
Income level. Pursuant to section 65590, paragraph (b) of the
state Government Code, the conversion of a residential
structure containing less that three units are exempt from
providing replacement dwelling units unless replacement of the
units is determined by the city to be feasible.
It has been determined that it is not economically feasible
to provide replacement units given the scope of the project.
provisions for the relocation of the moderate income tenants
are made by requiring the applicant to 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 (Le., rent as of the date of approval
adjusted by the consumer price index).
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