1988-18
r
8
8
8
I
8 RESOLUTION NO. C-88-018 8
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 ON THE EAST SIDE OF HAYDN DRIVE
BETWEEN LIZST AVENUE AND SCHUBERT PATH (87-135 TPM)
WHEREAS, a request for consideration of a Tentative Parcel
Map
was filed by Stephen K. Schuette and Kimberbly B. Schuette
for conversion of two existing residential
uni ts into a. one
lot airspace condominium form of ownership for
the property
located on the east side of Haydn Drive between Lizst Avenue
and Schubert Path, legally described as;
That portion of Lots A and B in Block 79 of Cardiff
Villa Tract, in the County of San Diego, State of
California, according to Map thereof No. 1469, filed
in the office of the county Recorder of San Diego
County, August 10, 1912, lying Southwesterly of a
line described as follows:
Beginning at a point on the Northwesterly
line of said Lot B, distant thereon South
58032' West 82 feet from the most Northerly
corner of said Lot B; thence South 31028'
East to the Southeasterly line of said Lot
A.
Together with that portion of Schubert Path, as
vacated and closed to public use, that reverts to the
above-described land by operation of law; and
WHEREAS, a public hearing was conducted on the application
on January 25, 1988; and
'.
WHEREAS, the Community Advisory Board considered:
1.
The staff report dated January 21, 1988;
The Tentative Parcel Map submitted by the applicant;
2.
02/CAB8-458WP (1/21/88)
5
3.
.
4.
8
8
Oral evidence submitted at the hearing;
written evidence submitted at the hearing; and
WHEREAS, the community Advisory Board found that:
1.
2.
3.
4.
8
All provisions of Chapter 24.40 of the City's
Subdivision Ordinance relating to conversion of
residential property have been met for the reasons
stated under Item "A" of the staff report dated
January 22, 1988;
The conversion is consistent with the objectives and
policies of the General Plan for the reasons stated
under Item "B" of the staff report dated January 22,
1988;
The conversion conforms to the provisions of the
Municipal Code for the reasons stated under Item "c"
of the staff report dated January 22, 1988;
The overall design and physical condition of the
conversion achieves a high degree of appearance,
quality, and safety for the reasons stated under Item
"D" of the staff report dated January 22, 1988;
5.
The conversion will not displace low and moderate
income families for the reasons stated under Item "E"
of the staff report dated January 22, 1988.
87-135 TPM is hereby approved in accordance with Chapter 24.40
NOW THEREFORE,
BE IT RESOLVED that Tentative Parcel Map
of the city of Encinitas Subdivision Ordinance subject to the
following conditions:
8
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 relating to notification to tenants
that a conversion condominium has been applied for
(Section 66452.8,.9 et.al.) have b~en 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
sleeping purposes.
02/CAB8-458WP (1/21/88)
6
r
3.
.
4.
I"
Ei.
5. 16.
8
6. I.
7. E.
8. 19.
9.IDŒ.
8
8
8
Maintenance of Fire Protection Systems. All fire
hydrants, fire alarm systems, portable fire
extinguisher and other fire protective appliances
shall be re.tained in an operable condition at all
times.
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 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.
~~~
tXK~~xpuð:xìixxXDbgJß~~
:fttXx.fnft~~ ., .
'i~
bä~ ~~~
~~mxx~~x
The owner shall obtain encroachment permits from the
City's Public Works Department for any structural
elements within the public right-of-way prior to
Parcel map recordation.
The applicant shall furnish the Community Development
Department with a Coastal Development Permit or
Notice of Exemption from the California Coastal
Commission prior to recordation.
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.
Prior to recordation of the Parcel Map, the owners
shall have the proposed parcel map approved by the
authorized agency of the City of Encinitas.
The applicant shall remit the a~propriate impact
fees pursuant to Chapter 23 of the Municipal Code or
present evidence that the project is not subject to
the fees.
02/CAB8-458WP (1/21/88)
7
8
8
8
Note:
Pursuant to City of Encini tas 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.,
January 21, 1991), or this approval will no longer be
valid.
PASSED AND ADOPTED this 25th day of January, 1988, by the
following vote, to wit:
AYES:
Boardmembers Winkler, Shannon, MacManus, Hirsch and Slater
NAYS:
None
ABSENT:
None
Q~,-- Q- ~ .~ -
RICHARD MAC MANUS, Chairman of the
Cardiff-by-the-Sea Community
Advisory Board
ATTEST:
02/CAB8-458WP (1/21/88)
8