1987-08
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RESOLUTION NO.
C-87-008
A RESOLUTION OF THE
CARDIFF COMMUNITY ADVISORY BOARD OF
THE CITY OF ENCINITAS RECOMMENDING THAT THE
PLANNING COMMISSION APPROVING A TENTATIVE MAP (TM4671) FOR
THE CONDOMINIUM CONVERSION OF TWO EXISTING DUPLEXES
WHEREAS, a proposed Tentative Map application for conversion
of two duplex structures into condominiums, each duplex located
on a single legal lot, was applied for by Cardiff Summit, Ltd.;
and
WHEREAS, a public hearing was conducted by the Cardiff
Community Advisory Board on the referenced request in the form
and manner required by law on July 29, 1987.
NOW THEREFORE,
Cardiff community
BE IT RESOLVED by the
Advisory Board of the City of Encinitas, that the proposed
Tentative Map TM4671 is hereby approved,
and that approval is
based upon the following findings:
1.
All provisions of Chapter 24.40 of the Municipal Code are
met for the reasons outlined under item "A" of the staff
report;
2.
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 for the reasons outlined
in item "C" of the staff report;
3 .
The overall design and physical condition of the conversion
achieves a high degree of appearance, quality, and safety
for the reasons outlined in item "D" of the staff report;
and
4.
The conversion would not displace predominantly low and
moderate income families or tenants without adequate
provision for suitable relocation of such families or
tenants for the reasons outlined in item liE" of the staff
report.
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Additionally, the Community Advisory Board recommends the
following findings be made by the Planning Commission as required
under the state Subdivision Map Act:
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A.
E.
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That the design and improvements of the proposed subdivision
are consistent with comply with the provisions of the State
Subdivision Map Act and the City of Encinitas Subdivision
Ordinance.
B.
That the site is physically suitable for the type of
development.
C.
That the site is physically suitable for the proposed
residential density of development and the design provides
sufficient lot area and street access for proper
development.
D.
That the design of the subdivision and the proposed
improvements are not likely to cause substantial
environmental damage or substantially and avoidably injure
fish or wildlife or their habitat.
That the design of the subdivision or type of improvements
is likely to cause serious public health problems.
F.
That the design of the subdivision or the type of
improvements will conflict with easements, acquired by the
public at large, for access through or use of, property
within the proposed subdivision.
BE IT FURTHER RESOLVED that the approval of TM4671 is
subject to the following conditions:
1.
The subdivider shall comply with Section 66436 of the
Government Code by furnishing to the Department of Public
Works a certification from each public utility and each
public entity owning easements within the proposed
subdivison stating that (a) they received from the
subdivider a copy of the proposed final map; (b) they object
or do not object to the filing of the map without their
signature.
2.
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.
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3.
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.
4.
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 subdivide can demonstrate that this
standard cannot or should not reasonably be met, this
standard may be modified by the authorized agency.
5.
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 reasonably be met, this standard may be modified
by the authorized agency.
6.
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.
7.
No dwelling unit shall be leased, rented, or occupied in any
manner prior to recordation of the final map, unless the
applicant can demonstrate to the satisfaction of the
Community Development Director that all the provisions of
the State Subdivision Map Act have been complied with
regarding noticing of tenants (Section 66427 and 66452).
8.
Prior to recordation of any final map, the applicant shall
provide the Community Development Department with
satisfactory evident that a Coastal Development Permit has
been obtained from the California Coastal Commission, or a
finding of exemption has been made by that agency for this
subdivision.
9.
All applicable park, traffic mitigation, fire mitigation and
flood control fees shall be paid prior to recordation of the
final map.
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.
A detailed landscape plan shall be submitted and approved by
the Cardiff By-The-Sea Community Advisory Board.
THE FOLLOWING PUBLIC IMPROVEMENTS MUST BE COMPLETED, PRIOR TO
RECORDING A FINAL MAP. THE AGREEMENT REQUIRES POSTING SECURITY
IN A FORM OF A CASH DEPOSIT, IRREVOCABLE LETTER OF CREDIT OR AN
INSTRUMENT OF CREDIT VALUED AT, OR MORE THAN THE ESTIMATE
IMPROVEMENT COST.
10.
11.
Public Road Improvements
a.
Mountable rolled A.C. dikes and other drainage
improvements as required by the City Engineer shall be
installed at the edge of existing pavement along the
property frontage on Summit Drive, westminster Drive
and Liszt Avenue. The existing driveways need not have
these dikes installed.
b.
"Grasscrete" or equivalent shall be installed in the
right-of-way between the required A.C. Dike and the
subject property, except the existing driveways.
The following statement shall be noted on the map:
"This is a map of a condominium project as defined in
Section 1350 of the State of California civil Code, the
maximum number of dwelling units is 2 on each lot."
A subdivision map pursuant to this approval must record on or
before August 25, 1990, unless, prior to that date, a request for
time extension has been pursuant to the Municipal Code and the
State Map Act.
within ten (10) calendar days after the date of approval, these
findings and conditions may be appealed to the City Council. No
parcel map shall be approved, no grading permit issued and not
building permits shall be issued pursuant to said tentative
subdivision map until after the expiration of the tenth (10th)
calendar day following final approval of these conditions, or if
any appeal is taken, until the Appellant Board has acted.
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following vote to wit:
PASSED AND ADOPTED this 29th day of July,
1987,
by the
NAYS:
Board Members: Winkler, Slater, Hirsch and MacManus
AYES:
None
ABSENT:
Board Member Shannon
ABSTAIN:
None
ATTEST:
TC/hz/CRO2-C87-007 (8-21-87-1)
ç>~..- ~ K,~~
Richard MacManus, Chairman--
cardiff-by-the-Sea
Community Advisory Board
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