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1988-44 . RESOLUTION NO. C-88-044 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 2527-29 MANCHESTER AVENUE (CASE NO. 88-230 TPM) WHEREAS, a request for consideration of a Tentative Parcel Map 88-230 was filed by Charles Kitch for conversion of a duplex into a one lot airspace condominium form of ownership for the property located at 2527-29 Manchester Avenue, legally described as; Lots 41 and 42 in Block 2 of Cardiff, in the County of San Diego, State of California, according to Map thereof No. 1298, filed In the office of the County Recorder of San Diego County, November 4, 1910. WHEREAS, a puhlic hearing was conducted on the application on September 26, and November 14, 1988 and; "'- WHEREAS, the Community Advisory Board considered: 1. The staff. reports dated September 21 and November 9, 1988; 2. The Tentntive Parcel Map submitted by the applicant; 3. Oral evir ence submitted at the hearing; 4. Written evidence submitted at the hearing; and WHEREAS, the Community Advisory Board found that: 1. All pro\'isions of Chapter 24.40 of the City's Subdivision Ordinance relating to conversion of residential property have been met for the reasons stated m:c1cr Item "IIC" of the staff report; 2. The conv('r~:>ion is consistent with the objectives and policies of.: the General Plan for the reasons stated under Itc'ffi "IIC" of the staff report; "- CO/04/CRO5-170WP 1(11-28-88-1) 3. The conversion conforms to the provisions of the Municipal Code for the reasons stated under Item "I I C II of the staff report; "'--' 4. The over-lll design and physical condition of the conversicn achieves a high degree of appearance, quality, :md safety for the reasons stated under Item "IIC" of the staff report; 5. The con' r- ;ion will not displace low and moderate income : ilies for the reasons stated under Item "IIC" of I ,? staff report. WHEREAS, the (~mmunity Advisory Board found: (a) That t¡ e proposed map is consistent with applicable gel oral and specific plans as specified in Section 65451 Slnce the existing General Plan Land Use allows 1(.9 units per acre consistent with the project. (b) That the design or improvement of the proposed subdivision i~ consistent with applicable general and specific pla:'~ since the project as conditioned requires de: Lcation to meet city right-of-way standards and other City requirements, and the design meets City sL ncbrds. '-- (c) That the ~; i t.e is physically suitable for the type of development Slnce the duplex is existing. (d) That the s;ite 1S physically suitable for the proposed den~::' ty of development since the duplex is existing and; 15 met current City standards. (e) That th( design of the subdivision or the proposed im¡ t:'ovements are not likely to cause substantial e"Jironmental damage or substantially and avoidably injure fish or wildlife or their habitat since the pre j ect is existing and no environmental issues exist. (f) That the design of the subdivision or type of improvements s not likely to cause serious public health probles since the subdivision is to convert existing uni t~; to the condominium. (g) That the d~sign of the subdivision or the type of improvements '.:ill conflict with easements, acquired by the public .'It large, for access through or use of, property within the proposed subdivision since no such public casements have been identified on the subject site. "- CO/O4/CRO5-170WP 2(11-28-88-1) NOW THEREFORE, ßE IT RESOLVED that Tentative Parcel Map '--- 88-230 TPM is hereby approved in accordance with Chapter 24.40 of the City of Encinitas Subdivision Ordinance subject to the following conditio!~: 1. Prior tc r"cordation of a Final Map, the applicant shall su ,n; t satisfactory evidence to the Community Developnlilt Department that the provision of the state Miì' I\ct relating to notification to tenants that a ( mversion condominium has been applied for (Section G(,452.8,.9 et.al.) have been complied with if occupdncy of anyone or more of the dwelling units has been 11 Lowed. 2. Each livinc¡ unit shall be provided with approved detector,-, cf products of combustion other than heat conformi!':j .-0 the latest D.B.C. standards, mounted on the ceil n(: or wall at a point centrally located in the corridor or area giving access to rooms used for sleeping pu~poses. 3. Maintenance of Fire Protection Systems. All fire hydrant", fire alarm systems, portable fire extinguisher and other fire protective appliances shall be retained in an operable condition at all "-- times. 4. Each dvlelling unit shall be separately metered for water, ~p~; and electricity. As an alternative, a plan for equitable sharing of communal water metering shall be developed prior to final map approval and included in the covenants, conditions and restrict50ns. In such cases where the subdivider can demonstrilte thai: this standard cannot or should not reasonably be met, this standard may be modified by the authorized agency. 5. The applicant shall furnish the Community Development Departmen t: íVith a Coastal Development Permit or Notice {' Exemption from the California Coastal O.L Commission prior to recordation. 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 rc~corc1ation of the Parcel Map, the owners ',-- CO/04/CRO5-170WP 3(11-28-88-1) shall have the proposed parcel map approved by the authorized agency of the City of Encinitas. 8. The applicant shall remit the appropriate impact -- fees pursuant to Chapter 23 of the Municipal Code or present evidence that the proj ect is not subject to the fees. 9. Pursuant to City of Encinitas Subdivision Ordinance 24.50.130, the Parcel Map must be recorded in substantial conformance to this Tentative Parcel Map within 2,) months of the date of approval (5:00 p.m., November 14, 1990), or this approval will no longer be valid. 10. An irrevocable offer of dedication shall be made for 10' along Manchester Avenue adjacent to the property for road purposes. Manchester Avenue is classified as a Residential Collector requiring an ultimate 60 foot right-of-way or 30 feet from center line. 11. At the time of ultimate right-of-way improvements, the owner shall vacate any private structures found to be Hithin the street right-of-way, to the satisfaction of the Director of Public Works. 12. The alle:/ odjoining the rear property lines shall be paved to the satisfaction of the City's Public Works Department prior to recordation of the Final Parcel Map. --- 13. The owner(s) shall execute and record a covenant with the County Recorder agreeing not to oppose the formation of an assessment district to fund the installation of right-of-way improvements. 14. The owncr(s) shall complete all corrections for structuréi 1 improvements and pest control as outlined in the reports prepared by DeBerry Inspection Service (File #8C 421) and Lloyd Termite Control (Dated 2-19- 88) prior to the recordation of the Final Parcel Map. '- CO/04/CRO5-170WP 4(11-28-88-1) . - PASSED AND AD~' ;'T:m this 14th day of November, 1988, by the following vote, to 'JÍ'.:: ........... AYES: Crosthwa j t:c, Shannon, Slater, Orr NAYS: None ABSENT: Barker ABSTAIN: None ~ Jo nn Shannon, Chairperson of the Ca iff-By-The-Sea Community Advisory Board ATTE~ ~ ' v.Q- --- - Craig R. Olson, As ant Planner '-- "-- CO/O4/CRO5-170WP 5 . "23-88-1)