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1987-16 . . . \ RESOLUTION C-87-0l6 LOT AT A RESOLUTION OF THE CARDIFF-BY-THE-SEA COMMUNITY ADVISORY BOARD OF THE CITY OF ENCINITAS, CALIFORNIA APPROVING TENTATIVE PARCEL MAP 87-052-TPM TO ALLOW THE CONVERSION OF A STOCK COOPERATIVE INTO A TWO UNIT RESIDENTIAL CONDOMINIUM ONE 1555 and 1557 SUMMIT AVENUE, CARDIFF-BY-THE-SEA, CALIFORNIA WHEREAS, John Clasen has applied for review of a Tentative Parcel Map to allow the conversion of a stock cooperative into a two unit residential condominium at 1555 and 1557 Summit Avenue, cardiff-By-The-Sea, California in accordance with Chapter 24.40 of the City of Encinitas Subdivision Ordinance; WHEREAS, a noticed, public hearing was conducted by the Cardiff-By-The-Sea CAB on September 30, 1987 as required by law, and all persons desiring to be heard were heard; WHEREAS, the Tentative Parcel Map is in conformance with the State Subdivision Map Act and the City of Encinitas Subdivision Ordinance, and was approved by the Encini tas Fire Protection District, and the Director of Public Works. NOW THEREFORE, BE IT RESOLVED by the Cardiff-By-The-Sea CAB of the City of Encinitas, that the Board finds as follows: 1. The two units are consistent with the Residential 7 (10.9) dwellings per acre of the General Plan. BE IT FURTHER RESOLVED that the Cardiff-By-The-Sea CAB hereby approves 87-052-TPM with the following findings: A. The site is physically suitable for the proposed residential use type and density of development since 2 units are allowed on the site. B. The design of the subdivision is not likely to cause substantial environmental damage or substantially and avoidable injure fish or wildlife or their habitat because no new construction is proposed and the proj ect is exempt LN/hzjCAB4-232 (9-25-87) -4- . . . pursuant to Section 15303, Class 3, Environmental Quality Act Guidelines. b of the California BE IT ALSO RESOLVED that the attached staff report referred as attachment "A" is incorporated herein by reference as though fully set forth, and that the following additional findings have been made: 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 is not inconsistent with any objectives or policies in the City General Plan specifically directed to the conversion for the reasons outlined in item "B" of the staff report; 3 . 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; 4. 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 5. 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 "E" of the staff report. BE IT ALSO RESOLVED that the approval of 87-052-TPM is subject to the following conditions: THE FOLLOWING CONDITIONS SHALL BE COMPLIED WITH BEFORE A PARCEL MAP IS APPROVED BY THE CITY OF ENCINITAS AND FILED WITH THE COUNTY RECORDER OF SAN DIEGO COUNTY. 1. Facility/Utility Arranqements (DPW) 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 subdivision 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. LN/hz/CAB4-232 (9-25-87) -5- . . . 6. 7. The following statement shall be noted on the parcel 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". 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. 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; or an additional water meter shall be installed in accordance with San Dieguito Water District. 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. Laundry Facilities A laundry area shall be provided in each unit; or in 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 appl icant can demonstrate to the satisfaction of the Community Development Director that all the provisions of LN/hz/CAB4-232 (9-25-87) -6- . . . 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 evidence that a Coastal Development Permit has been obtained from the California Coastal commission, or a finding of exemption has been made by the 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. A parcel map pursuant to this approval must record on or before September 30, 1990, unless, prior to that date, a request for time extension has been pursuant to Municipal Code and the State Act. Wi thin 10 calendar days after the date of approval, these findings and conditions may be appealed to the Planning Commission. No parcel map shall be approved, no grading permit issued and no building permits issued pursuant to said Tentative Parcel Map until after expiration on the 10th calendar day following final approval, or if appeal is filed until the Appellant Board has acted. PASSED AND ADOPTED this 30 day of September, 1987, by the following vote to wit: AYES: Winkler, Mac Manus, Slater NAYS: None ABSENT: Hirsch, Shannon ABSTAIN: None ~.K....~ Richard Mac Manus, Chairman Cardiff-By-The-Sea Community Advisory Board Planner LN/hz/CAB4-232 (9-25-87) -7- --