1988-52
RESOLUTION NO. OE-52.
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
LOCATED AT 511 AND 513 THIRD STREET
(CASE NUMBER 88-305 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 Robert and Mary Hill as per Chapter
24.40 of the City of Encinitas Municipal Codes, for the
property located at 511 and 513 Third street, legally
described as;
Lot 15, Block 20, Encinitas, in the County of San
Diego, state of California, according to Map thereof
No. 148, filed in the office of the County Recorder
of San Diego County, June 12, 1883.
WHEREAS, a public hearing was conducted on the application
on October 20, 1988; and
WHEREAS, the Community Advisory Board considered:
1. The staff report and draft resolution dated October
5, 1988;
2. The application and maps submitted by the applicant;
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.
TC/05/CAB11-1019WP 5(10-12-88)
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 88-305 TPM 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 20th day of October, 1988, by the
following vote, to wit:
AYES:
NAYS:
ABSENT:
ABSTAIN: -z:r:~ ~
of the Old Encinitas
Community Advisory Board
ATTEST:
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Assistant Planner
TC/05/CAB11-1019WP 6(10-12-88)
RESOLUTION NO. OE-52
(88-305 TPM)
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
conversion:
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: The unit at 513 Third Street
was constructed approximately one year and a half
ago. At that time the existing unit at 511 Third
underwent a thorough renovation. A new foundation was
installed, new framing was constructed for all but
the front entry and one bedroom, and new roofing was
installed throughout.
TC/05/CAB11-1019WP 7(10-12-88)
The structures were insured to be in conformance with
the Uniform Building code thorough the building
permitting and inspection process one year ago, and
all possible targets for structural pest drainage
were replaced. The buildings are thus in a sound and
safe condition. The buildings achieve a high degree
of appearance and quality.
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.
TC/O5/CAB11-1019WP 8(10-12-88)
RESOLUTION NO. OE-5.t.
ATTACHMENT "B"
STANDARD CONDITIONS OF APPROVAL
Subject: Tentative Parcel Map to Create a
Condominium Form of Ownership.
Applicant: Hill
Location: 511 and 513 Third street
Case No.: 88-305 TPM
CITY OF ENCINITAS
1. GENERAL CONDITIONS
A. This approval will expire on September 8, 1990, after
the approval of this project 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.
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.
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
TCj05jCAB11-1019WP 9(10-12-88)
CASE NO. 88-305 TPM
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.
I. 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
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.
TC/05/CAB11-1019WP 10(10-12-88)
CASE NO. 88-305 TPM
N. 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 Encini tas, 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)"
TC/05/CAB11-1019WP 11(10-12-88)