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)