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;
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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.
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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
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"-- CO/O4/CRO5-170WP 5 . "23-88-1)