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1987-08 8 8 8 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. TC/hz/CRO2-C87-007 (8-21-87-1) -7- Additionally, the Community Advisory Board recommends the following findings be made by the Planning Commission as required under the state Subdivision Map Act: 8 A. E. 8 8 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. TC/hz/CRO2-C87-007 (8-21-87-1) -8- 8 8 8 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. TC/hz/CRO2-C87-007 (8-21-87-1) -9- 8 8 . 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. TC/hz/CRO2-C87-007 (8-21-87-1) -10- 8 8 8 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 -11-