1988-10
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RESOLUTION NO. C-88-010
A RESOLUTION OF THE CARDIFF-BY-THE-SEA
COMMUNITY ADVISORY BOARD APPROVING A TENTATIVE PARCEL MAP
FOR CONVERSION OF TWO EXISTING RESIDENTIAL UNITS
INTO A ONE LOT AIRSPACE CONDOMINIUM FORM OF OWNERSHIP,
LOCATED AT 2540-42 MANCHESTER AVENUE
LOTS 9, 10 AND 20 NORTHERLY FEET OF LOT 11
IN BLOCK 3 OF CARDIFF MAP NO. 1298 (87-191 TPM)
WHEREAS, a request for consideration of a Tentative Parcel
Map 87-191 was filed by R.J. Martin for conversion of a duplex
into a one lot airspace condominium form of ownership for
the
property
located
at
2540-42
Manchester
Avenue,
legally
described as;
Lots 9 and 10 in the northerly 20 feet of Lot 11 in
Block 3 of Cardiff-by-the-sea, in the County of San
Diego, State of California according to Map thereof
No. 1298, filed in the Office of the County Recorder,
November 14, 1910, lying easterly of the center line
of the county road as granted to San Diego County by
deed recorded November 25 , 1949 in Book 3398 , Page
263 of Official Records and shown on Plat of Road
Survey No. 1132 on file in the office of the County
Surveyor of San Diego County.
WHEREAS, a public hearing was conducted on the application
on April 11, 1988; and
WHEREAS, the Community Advisory Board considered:
1.
The staff report dated March 21, 1988;
The Tentative Parcel Map submitted by the applicant;
2.
3.
Oral evidence submitted at the hearing;
4.
Written evidence submitted at the hearing; and
WHEREAS, the Community Advisory Board found that:
1.
All provisions of Chapter 24.40 of the City's
Subdivision Ordinance relating to conversion of
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residential property have been met for the reasons
stated under Item "IIC" of the staff report;
The conversion is consistent with the objectives and
policies of the General Plan for the reasons stated
under Item "IIC" of the staff report;
3.
The conversion conforms to the provisions of the
Municipal Code for the reasons stated under Item
"IIC" of the staff report;
The overall design and physical condition of the
conversion achieves a high degree of appearance,
quality, and safety for the reasons stated under Item
"IIC" of the staff report;
The conversion will not displace low and moderate
income families for the reasons stated under Item
"IIC" of the staff report.
WHEREAS, the Community Advisory Board found that:
(a) That the proposed map is consistent with
applicable general and specific plans as specified in
Section 65451 since the existing General Plan Land
Use allows 10.9 units per acre consistent with the
project.
(b) That the design or improvement of the proposed
subdivision is consistent with applicable general and
specific plans since the project as condition
requires dedication to meet City right-of-way
standards and other City requirements, and the design
meet City standards, i.e., setbacks, parking and the
like.
.
(c) That the site is physically suitable for the type
of development since the duplex is existing and has
met current City standards as a result of it being a
new project.
(d) That the si te is physically sui table for the
proposed density of development since the duplex is
existing and has met current ci ty standards as a
result of it being a new project.
(e) That the design of the subdivision or the
proposed improvements are not likely to cause
substantial environmental damage or substantially and
avoidably injure fish or wildlife or their habitat
since the proj ect is existing and no environmental
issues exist.
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(f) That the desiqn of the subdivision or type of
improvements is not likely to cause serious public
healthy problems since the subdivision is to convert
existinq units to the condominium.
(q) That the desiqn of the subdivision or the type of
improvements will conflict with easements, acquired
by the public at larqe, for access through or use of,
property wi thin the proposed subdivision since no
such public easements have been identified on the
subject site.
NOW THEREFORE, BE IT RESOLVED that Tentative Parcel Map
87-191 TPM ia hereby approved in accordance with Chapter 24.40
of the city of Encinitas Subdivision Ordinance subject to the
followinq conditions:
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1.
Prior to recordation of a Final Map, the applicant
shall submit satisfactory evidence to the Community
Development Department that the provision of the
state Map Act relatinq to notification to tenants
that a conversion condominium has been applied for
(Section 66452.8,.9 et. al.) have been complied with
if occupancy of anyone or more of the dwelling units
has been allowed.
2.
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
sleepinq purposes.
Maintenance of Fire Protection Systems. All fire
hydrants, fire alarm systems, portable fire
extinguisher and other fire protective appliances
shall be retained in an operable condition at all
times.
3.
Each dwelling unit shall be separately metered for
qas and electricity. A plan for equitable sharinq of
communal water meterinq shall be developed prior to
final map approval and include 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.
The applicant shall furnish the Community Development
Department with a Coastal Development Permit or
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11.
12.
13.
Notice of Exemption from the
Commission prior to recordation.
California
Coastal
6.
Prior to recordation of the Parcel Map, the applicant
shall obtain final occupancy approval for the
structures and furnish the Community Development
Department with satisfactory evidence of such
approval.
7.
Prior to recordation of the Parcel Map, the owners
shall have the proposed parcel map approved by the
authorized aqency of the city of Encinitas.
The applicant shall remit the appropriate impact
fees pursuant to Chapter 23 of the Municipal Code or
present evidence that the project is not subject to
the fees.
8.
9.
Pursuant to City of Encinitas Subdivision Ordinance
24.050.130, the Parcel Map must be recorded in
substantial conformance to this Tentative Parcel Map
within 36 months of the date of approval (5:00 p.m.,
March 28, 1991), or this approval will no lonqer be
valid.
That the applicant not oppose an assessment district
for upqrade of the existinq street light.
An irrevocable offer of dedication shall be made for
10' alonq San Elijo Avenue adjacent to the property
for road purposes. San Elijo Avenue is classified as
a Residential Collector requiring an ultimate 60 foot
riqht-of-way or 30 feet from center line. That
should the City Council adopt in the General Plan,
standards of a lesser width such standard would be
acceptable and the additional dedication could be
adjusted accordingly.
That the applicant not oppose an assessment district
for road improvements.
Map shall show a typical section of San Elijo Avenue
and Manchester Avenue.
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PASSED AND ADOPTED this 11th day of April, 1988, by the
following vote, to wit:
. AYES: Boardmembers Slater, Winkler, and Shannon
NAYS: None
ABSENT: Boardmember Hirsch
of the
ATTEST:
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Planner
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