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1991-01 RESOLUTION NO. L-91-01 A RESOLUTION OF THE LEUCADIA COMMUNITY ADVISORY BOARD CITY OF ENCINITAS, APPROVING A TENTATIVE PARCEL MAP TO ALLOW A CONVERSION OF TWO RESIDENTIAL UNITS - INTO A CONDOMINIUM FORM OF OWNERSHIP LOCATED AT 351 FULVIA, LEUCADIA (CASE NUMBER 90-253 TPM) WHEREAS, a request for consideration of Tentative Parcel Map 90-253 was filed by Richard D. Russell to allow conversion of a duplex into a condominium form of ownership as per Chapter 24.40 of the City of Encinitas Municipal, for the property located at 351 Fulvia and legally described as: Parcell in the County of San Diego, State of California, as shown at Page 2557 of Parcel Maps, filed in the Office of the County Recorder of San Diego County, April 18, 1974 as File No. 74-098643 of Official Records. 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 2, 1991; 2. The application and maps submitted by the applicant; 3. Oral evidence submitted at the hearing; and 4. Written evidence submitted at the hearing. WHEREAS, the Leucadia Community~ Advisory Board made the following findings pursuant to section 24.40.100 of the City of Encinitas Subdivision Ordinance: 1. All provisions of Chapter 24.40 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. - MBjdcjCAB23-2064wp51(1-17-91-2) 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 80 units have been converted to condominiums since mid 1987; no trend toward conversions appears to be established. Consideration should also be given to the fact that these units are vacant and have been for some time due to a fire which destroyed the original structures; the subject units are presently being constructed. 3. The proposed conversion is required to conform to the Municipal Code in effect at the time of Tentative Map approval except as otherwise provided in this Chapter. section 30.16-D of the Zoning Code has specific provisions which condominium converSlons 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 which the Community Advisory Board waives for the reasons noted below. Evidence: 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. The community Advisory Board approved this duplex on May 11, 1989 which replaced a duplex that had been burned. The non-conformity was not increased, and the CAB has not identified any further nonconforming characteristics of the structures which would be expanded in any way by 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 as indicated. A. The following recreation facilities shall be provided unless waived during the Design Review process: a. Children's play area b. Swimming pool c. Family picnic area The Community Advisory Board waives Item A because these requirements are substantially met with the existing rear yard area of approximately 2,600 square feet. 4. The overall design and physical condition of the conversion achieves a high degree of appearance, quality and safety. Evidence: The project received approval from the Community Advisory Board on May 11, 1989 for design review. therefore, MBjdcjCAB23-2064wp52(1-17-91-2) the overall design shows a high degree of appearance and quality. As the building is under construction at this time, the physical condition cannot be determined. However, upon completion, the building should comply with all the structural requirements. 5. The conversion would not displace predominantly low and moderate income families or tenants without adequate provision for suitable relocation of such families or tenants. Evidence: The duplex is currently under construction and is not occupied to date. Therefore, no persons are proposed to be displaced. NOW, THEREFORE, BE IT RESOLVED by the Leucadia Community Advisory Board of the City of Encinitas that Tentative Parcel Map 90-253 is hereby approved in accordance with Chapter 24.40 of the City of Encinitas Subdivision Ordinance subject to the following conditions: 1. This approval will expire in two years, on January 10, 1993, at 5:00 p.m. unless the conditions have been met or an extension has been approved by the Authorized Agency. 2. This approval may be appealed to the authorized agency within 15 calendar days from the date of this approval. 3. In the event that any of the conditions of this permit are not satisfied, the Planning and community Development Department shall cause a noticed hearing to be set before the authorized agency to determine why the city of Encinitas should not revoke this permit. 4. 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. 5. Maintenance of Fire Protection Systems. All fire hydrants, f ire alarm systems, portable fire extinguishers and other fire protective appliances shall be retained in an operable condition at all times. 6. 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 andjor MBjdcjCAB23-2064wp53(1-17-91-2) vibration isolators in a manner approved by the Department of Planning and Community Development. 7. 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. 8. Utility Metering. Each dwelling unit shall be separately metered for gas and electricity. 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. 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. 9. 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. In such cases where the subdivider can demonstrate that this standard cannot or should not reasonable be met, this standard may be modified by the authorized agency. "- Prior to final recordation the applicant shall submit 10. a letter from the Fire District stating that all development impact, plan check, and/or cost recovery fees have been paid. 11. 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. 12. 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. 13. 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. 14. 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, 1991), or this approval will no longer be valid. 15. Developer shall execute and record a covenant with the County Recorder agreeing not to oppose the formation of MB/dc/CAB23-2064wp54(1-17-91-2) an assessment district to fund the installation of right- of-way improvements. 16. The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. 17. The Subdivider shall provide separate sewer, gas, and electric services with appropriate meters to each of the units. 18. The developer shall be responsible for coordination with S.D.G. & E., Pacific Telephone, and Cable TV authorities. 19. 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. 20. Landscape Maintenance. All landscaping shall be restored as necessary and maintained to achieve a high degree of appearance and quality. 21. Condition of Equipment and Appliances. 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. At such time as the homeowners' association takes over management of the development, the developer shall provide written certification to the association that any pool and pool equipment (filter, pumps, chlorinator) and any appliances and mechanical equipment to be owned in common by the association is in operable working condition. BE IT FURTHER RESOLVED by the Leucadia Community Advisory Board of the City of Encinitas that: (1) This project was found to be exempt from environmental review pursuant to section 15301(k) of CEQA. MB/dc/CAB23-2064wp5 5(1-17-91-2) PASSED AND ADOPTED this 10th day of January, 1991, by the following vote, to wit: AYES: John Eldon, Alice Jacobson, Karen Kaden, Sheila Locko, Allen Shur NAYS: None ABSENT: None ABSTAIN: None n(l ~ Allen Shur, Chairman of the Leucadia Communi ty Advisory Board ATTEST: ':~Y /¿¿/1~\ 4-/\.--' ¿'Â- Diane Langager, Planner MB/dc/CAB23-2064wp5 6(1-17-91-2)