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1988-10 . . . 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 03/CRO2-34WP (4/21/88) 1 . 4. 5. 2. 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. . 03/CRO2-34WP (4/21/88) 2 . (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: . 4. 5. . 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 03/CRO2-34WP (4/21/88) 3 . . . 10. 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. 03jCRO2-34WP (4/21/88) 4 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: ,- -'------------ ,....., ---u,-----,---",-,,--,-- -----,--------------,----- _uo_-,-,----,--______m__,___-,------- Planner !8 . 03/CRO2-34WP (4/21/88) 5