1987-09
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RESOLUTION NO. C-87-:::09
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A RESOLUTION OF THE
CARDIFF-BY-THE-SEA COMMUNITY ADVISORY BOARD OF
THE CITY OF ENCINITAS
CONDITIONALLY APPROVING A TENTATIVE PARCEL MAP (TPM18929) FOR
THE CONDOMINIUM CONVERSION OF AN EXISTING TRIPLEX
AT 2377 SAN ELIJO AVENUE
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WHEREAS,
a proposed Tentative Parcel Map application for
conversion of a three unit residential structure into one lot air
space condominium complex was applied for by Eugene Mallin,
applicant; 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 August 12, 1987.
NOW THEREFORE ,
BE
IT RESOLVED by the
Cardiff-By-The-Sea
Community Advisory Board of the City of Encinitas,
that the
proposed Tentative Map TPM18929
is hereby approved,
and tha t
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 "B" 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 "C" 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 "D" of the staff
report.
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.
E.
F.
.
Additionally, the Community Advisory Board makes the following
findings as required under the state Subdivision Map Act:
A.
That the design and improvements of the proposed subdivision
are consistent 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 not likely to cause serious public health problems.
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.
subject to the following conditions:
BE IT FURTHER RESOLVED that the approval of TPM 18929 is
B.
1.
.
THE FOLLOWING CONDITIONS SHALL BE COMPLIED WITH BEFORE A
PARCEL MAP IS APPROVED BY THE DEPARTMENT OF PUBLIC WORKS AND
FILED WITH THE COUNTY RECORDER OF SAN DIEGO COUNTY:
ROAD DEDICATIONS AND IMPROVEMENTS PLANS
a.
Offer to dedicate the right-of-way required to complete
a thirty foot (30') wide, one-half right-of-way plus
the right to construct and maintain slopes and drainage
improvements as required beyond the thirty foot (30')
limit for that portion within the land division for San
Elijo Avenue. The parcel map shall be prepared to show
the offer being accepted.
b.
Offer to dedicate the right-of-way required to complete
a thirty foot (30') wide, one-half right-of-way plus
the right to construct and maintain slopes and drainage
improvements as required beyond thirty foot (30') limit
for that portion within the land division for future
San Elijo Avenue (SC 1470). The parcel map shall be
prepared to show the offer being rejected.
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.
4.
.
c.
Any offer of dedication or grant of right-of-way shall
be free of all encumbrances or subordinated at the time
of recordation of the parcel map.
2.
CIRCULATION ELEMENT ROADS
a.
Prior to preparation of the Parcel Map, the engineer or
surveyor preparing the map shall contact the Department
of Public Works to determine the desired location of
the centerline for San Elijo Avenue (SC 1470) which is
shown on the Circulation Element of the County General
Plan as a light collector highway. The following shall
be shown on the Parcel Map.
b.
The centerline location shall be approved by the
Department of Public Works.
The width of the right-of-way which is thirty feet
(30') from the centerline and identified by a line
drawn at the appropriate location and labeled "Limit of
Proposed Street Widening."
c.
d.
A building I ine which is thirty five feet (35' ) from
the centerline of the road, identified by a line drawn
at the appropriate location and labeled "Limit of
Building Line." This is a special front yard setback
for the Cardiff Zone.
e.
Show the ultimate drainage and slope lines on the
Parcel Map. A profile and cross-section sufficient to
verify these limits shall be submitted to the
Department of Public Works for review and approval.
3.
FACILITY/UTILITY ARRANGEMENTS
a.
The subdivider shall comply with Section 66436 of the
Government Code by furnishing to the City Department of
Public Works a certification from each public utility
and each public entity owning easements within the
proposed subdivision stating that: (a) they have
received from the subdivider a copy of the proposed
final map; (b) they do not object to the filing of the
map without their signature.
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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9.
10.
11.
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5.
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.
6.
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 subdivider can demonstrate that this
standard cannot or should not reasonably be met, this
standard may be modified by the authorized agency.
7.
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.
8.
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
uni ts 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.
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).
Prior to recordation of any final map, the applicant shall
provide the Community Development Department with
satisfactory evidence 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.
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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THE FOLLOWING PUBLIC IMPROVEMENTS MUST BE COMPLETED, OR A SECURED
AGREEMENT EXECUTED, PRIOR TO RECORDING A PARCEL MAP.
12.
PUBLIC ROAD IMPROVEMENTS
e.
.
13.
a.
b.
The alley from the easterly extension of the northerly
boundary of the land division to Dublin Drive shall be
paved fifteen ~eet (15') wide with A.C.
All new utility distribution facilities, including
cable televisions lines, shall be placed underground.
All utility installations shall be completed before
surfacing the streets and installing concrete curb,
gutters and sidewalks. This is not intended to include
undergrounding of existing overhead utilities.
c.
Portland cement concrete cross gutters shall
constructed where water crosses the roadways.
be
d.
The exact depth of improved base material shall be used
on soil tests approved by the Director, Department of
Public Works.
Plans for public road improvements shall be prepared by
a registered civil engineer and submitted to the
Director, Department of Public Works. The following
items shall also apply:
(1)
(2)
(3)
Street al ignment and grade, including the change
of any existing or proposed street alignment and
grade, shall be as required by the Director,
Department of Public Works.
Sight distance at all intersections shall conform
to the intersectional sight distance criteria as
provide by the American Association of state
Highway and Transportation Officials in the
publication "Geometric Design of Highways and
Streets -- 1984" or its latest revision.
Plans and specifications for the improvement of
all streets, right-of-way, drainage easements and
all culverts, drainage channels and all private
easements shall meet with the approval of the
Director, Department of Public Works.
SPECIAL INFORMATION TO STAFF
a.
b.
.
The property is reasonably free of flood hazard from
external sources.
There is an existing public sewer in San Elijo Avenue
that the parcel is connected to.
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14.
WAIVER AND EXCEPTIONS
a.
This subdivision is hereby approved pursuant to the
provisions of the State Subdivision Map Act, the City
Subdivision Ordinance, the County Public and Private
Road Standards and all other required ordinances of San
Diego City except for a waiver or modification of the:
(1)
City Subdivision ordinance, Section 24.29.020 to
dedicate and improve streets in accordance with
San Diego County standards. This modification is
granted because of the following reasons:
(b)
(c)
(d)
.
(e)
(a)
The minor subdivision
established road in
neighborhood.
fronts on an
an established
Improvements are in on San Elijo Avenue, but
not at ultimate location.
It is unlikely that there will be any road
widenings in the near future by existing
owners or by future development.
Spot improvements would be undesirable
because of: (1) Road transitional problems;
(2) Drainage pickup and discharge (no
continuity); and (3) utility relocation
problems.
A Lien Contract Agreement for future
improvements at ultimate location in the
public right-of-way was executed for this
parcel as a condition of approval in the
issuance of a building permit for
multi-residential units September 11, 1986,
F.P. No. 86-399442.
The following statement shall be noted on the map:
"This is a map of a condominium proj ect as defined
Section 1350 of the State of California civil Code,
maximum number of dwelling units is 3".
in
the
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
parcel 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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A parcel map pursuant to this approval must record on or before
August 12, 1990, unless, prior to that date, a request for time
extension has been pursuant to the Municipal Code and the state
Map Act.
PASSED AND ADOPTED this 12th day of August,
1987, by the
following vote to wit:
AYES:
Boardmembers MacManus, Slater, Shannon and Hirsch
NAYS:
None
ABSENT: Boardmember Winkler
ABSTAIN: None
() þJ
1),Ah.. )-c ~~
Richard MacManus, Chairman
Cardiff-by-the-Sea
Community Advisory Board
ATTEST:
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'.Lb 0;. ,;1
L--í~a S. iles /
Assistant Plannér
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