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1988-47 RESOLUTION NO. OE-47 A RESOLUTION OF THE OLD ENCINITAS COMMUNITY ADVISORY BOARD CITY OF ENCINITAS, APPROVING A TENTATIVE PARCEL MAP TO CREATE A CONDOMINIUM FORM OF OWNERSHIP FOR TWO EXISTING DWELLING UNITS IDCATED AT 1149 "A" AND "BII BONITA DRIVE (CASE NUMBER 88-264 TPM) WHEREAS, a request for consideration of a Tentative Parcel Map to create a condominium form of ownership for two existing dwelling units was filed by Kathy Reggins as per Chapter 24.40 of the City of Encinitas Municipal Codes, for the property located at 1149 IIAII and IIBII Bonita Drive, legally described as; The Northerly 60.64 feet of lot 8, in block IILII of Avocado Acres unit no. 7, in the County of San Diego, State of California, according to map thereof no. 2138, filed in the office of the County recorder of San Diego County, November 7, 1928. Excepting therefrom the westerly 135 feet thereof. WHEREAS, a public hearing was conducted on the application on September 8, 1988; and WHEREAS, the Community Advisory Board considered: 1. The staff report and draft resolution dated August 29, 1988; 2. The application and maps submitted by the aplicant; 3. Oral evidence submitted at the hearing; 4. written evidence submitted at the hearing. WHEREAS, the Old Encinitas Community Advisory Board made the following findings pursuant to the Chapter 24.40 of the Encinitas Municipal Code. PM/05/CRO3-123WP 1(8-12-88\2) SEE ATTACHMENT "A" NOW, THEREFORE, BE IT RESOLVED by the Old Encinitas Community Advisory Board of the City of Encinitas that Tentative Parcel Map application 88-264TPM is hereby approved subject to the following conditions: SEE ATTACHMENT "B" BE IT FURTHER RESOLVED by the Old Encinitas Community Advisory Board of the City of Encinitas that: This project was found to be exempt from environmental review, section 15301(k). PASSED AND ADOPTED this 8th day of September, 1988, by the following vote, to wit: AYES: Kauflin, Hano, Tobias, Couglar NAYS: None ABSENT: None ABSTAIN: None %~ ~ Harry Couglar, Chairman of the Old Encinitas Community Advisory Board ATTEST: /;/. ~-~ Assistant Planner PM/05/CRO3-123WP 2(8-12-88\2) ATTACHMENT .. A" Findings Pursuant to Section 24.40.100 of the City of Encinitas Subdivision Ordinance, the Old Encinitas Community Advisory Board makes the following findings for the proposed condominium converSl0n: A. All provisions of this Chapter are met. Evidence to consider: Chapter 24.40 contains standards applicable only to conversion to condominiums or stock cooperatives. Subject to the conditions of approval contained in this resolution, those standards will be complied with. B. The proposed conversion is not inconsistent with any objectives or policies in the City General Plan specifically directed to the conversion. Evidence to consider: Staff have identified no policies or objectives in the General Plan specifically related to residential conversion with which this proposal is inconsistent. C. The proposed conversion will conform to the Municipal Code in effect at the time of Tentative Map approval except as otherwise provided in this Chapter. Evidence to consider: It is "otherwise provided" in Section 24.40.060 that legally nonconforming aspects of the structure to be converted may be maintained so long as the nonconforming aspects are not expanded in any way. Staff have not identified any nonconforming characteristics of the structures which would be expanded in any way by the proposed conversion to a condominium form of ownership. D. The overall design and physical condition of the conversion achieves a high degree of appearance, quality and safety. Evidence to consider: Unit "A" is estimated to be 16 years old and unit "B" is estimated to be 11 years old. The applicant has submitted the attached structural report evaluating the condition of the units. The report concludes that "the units are in satisfactory condition for their age", although several recommendations are made, including replacement of nonfunctional smoke detectors, replacement of the water heater for unit "B", sealing and repairing the roof of unit "B" to cover exposed felts, and installation of gutters and downspouts on PM/05/CRO3-123WP 3(8-12-88\2) both units to keep runoff from ponding around the foundations. However, the attached structural pest report notes drywood and subterranean termite damage to both units, as well as fungus damage to the wood areas around the tub in unit "B". Measures recommended to eradicate these problems include fumigation of the dwellings, pressure treatment of the soil for subterranean termites, replacement of damaged baseboard around the tub and recaulking affected areas, and replacement of damaged wood siding. The City will require evidence that these measures have been satisfactorily performed prior to final map recordation. E. 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 to consider: The occupants of both units have been notified of the owners intent to convert the units to a condominium form of ownership, and have been notified of this public hearing on the Tentative Parcel Map pursuant to state Map Act Sections 66451.3 and 66452.5. Measures to determine whether the tenants are low or moderate income or to provide relocation assistance are not required for a project of this scope. F. Pursuant to Section 24.40.060 of the City of Encinitas Subdivision, the Community Advisory Board finds that to require removal of the existing nonconforming deck within the rear yard setback could not be achieved in terms of financial or structural feasibility, and therefore is not required as a condition of approval for the conversion. PMj05jCRO3-123WP 4(8-12-88\2) ATTACHMENT "B" STANDARD CONDITIONS OF APPROVAL Subject: Tentative Parcel Map to Create a Condominium Form of Ownership. Applicant: Riggins Location: 1149 "A" and "B" Bonita Drive Case No.: 88-264 TPM CITY OF ENCINITAS 1. GENERAL CONDITIONS A. This approval will expire on September 8, 1991, after the approval of this proj ect unless a Final Parcel Map has been recorded in substantial reliance thereon or an extension granted pursuant to City policy. B. This approval may be appealed to the authorized agency within 10 days from the date of this approval. C. Nothing in this permit shall relieve the applicant from complying with the conditions and regulations generally imposed upon activities similarly in nature by the Zoning Ordinance. Any nonconformities which cannot be demonstrated to be legal nonconformities shall be abated or corrected prlor to final map recordation. D. The applicant shall furnish a compliance inspection report indicating compliance with the latest adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, Uniform Fire Code, and all other applicable codes prior to recordation of the final map. E. Permits from other agencies will be required as follows: California Coastal Commission F. Project is approved as submitted and shall not be altered without Old Encinitas Community Advisory Board review and approval. PM/05/CRO3-123WP 5(8-12-88\2) CASE NO. 88-264 TPM G. Fire Prevention. 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 access to rooms used for sleeping purposes. 2. 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. H. 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. 1. 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. J. 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 fractions thereof. K. Landscape Maintenance. All landscaping shall be restored as necessary and maintained to achieve a high degree of appearance and quality. L. 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 appliances and PMj05jCRO3-123WP 6(8-12-88\2) CASE NO. 88-264 TPM mechanical equipment to be owned in common by the association is in operable working condition. M. Prior to consideration of the final map, the applicant shall provide satisfactory evidence that Sections 66452.8 and 66452.9 of the State Map Act have been satisfied relating to tenant notification. N. Prior to recordation of the final map, the applicant shall furnish satisfactory evidence that the measures recommended to eradicate structural pests contained in the inspection report from Phoenix Termite and Pest Control Co., dated July 26, 1988, have been performed. O. Prior to circulation of the final map, the applicant shall provide satisfactory evidence that the measures recommended in the home inspection report dated July 27, 1988 to maintain the good condition of the subject homes have been completed. Such measures include, but are not limited to, replacement of the water heater for unit "B", sealing and repairing the roof of unit "B" to cover exposed felts, and replacement of all nonfunctioning smoke detectors. P. Prior to the acceptance of any rent or deposit from a prospective tenant, the following notice shall be provided pursuant to Section 66452.51 of the State Map Act: "To the prospective occupant(s) of . . (address) The owner(s) of this building at (address), have received a tentative map with the City of Encinitas, to convert this building to a condominium, no sooner than (date). You will be notified at least 180 days prior to the actual conversion. Further, if you still reside in your unit, you will be given an exclusive right to purchase your unit. (signature of owner or owner's agent) (dated) I have received this notice on . (dated) (prospective tenant's signature)" PM/05/CRO3-123WP 7(8-12-88\2)