1989-07
RESOLUTION NO. C-89-007
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 CONDOMINIUM FORM OF OWNERSHIP
LOCATED AT 1758-60 HAYDEN DRIVE
(CASE NO. 88-355-TPM)
WHEREAS, a request for consideration of a Tentative Parcel Map
88-355 was filed by Mike Mauer for conversion of a duplex into a
one lot condominium form of ownership for the property located at
1758-60 Hayden Drive, legally described as;
Lot "M" in Block 75 of Cardiff Villa Tract, according to map
thereof No. 1469, filed in the office of the County Recorder
of San Diego County, August 10, 1912.
Cardiff Villa Tract southeasterly ten (10)
Block 75.
feet of Lot L,
WHEREAS, a public hearing was conducted on the application on
January 23, 1989 and;
WHEREAS, the Community Advisory Board considered:
1.
The staff report dated January 18, 1989;
2.
The Tentative Parcel Map submitted by the applicant;
3.
Oral evidence submitted at the hearing;
4.
Written evidence submitted at the hearing; and
WHEREAS, the Cardiff-by-the-Sea Community Advisory Board made
the following findings pursuant to Section 24.40.100 of the City
of Encinitas Subdivision Ordinance (see Attachment "A")
NOW THEREFORE, BE IT RESOLVED that Tentative Parcel Map 88-
355 TPM is hereby approved in accordance with Chapter 24.40 of the
City of Encinitas Subdivision Ordinance subject to the following
conditions:
CO/02/CRO5-216wp51(2-8-89-1)
7.
8.
9.
1.
Prior to recordation of a Final Map, t e applicant shall
submi t satisfactory evidence to the Co uni ty Development
Department that the provision of testate Map Act
relating to notification of tenants hat a conversion
condominium has been applied for (S ction 66452.8,.9
et.al.) have been complied with if oc upancy of anyone
or more of the dwelling units has bee allowed.
2.
Each living unit shall be provid d with approved
detectors of products of combustion other than heat
conforming to the latest U.B.C. standa ds, mounted on the
ceiling or wall at a point centrall located in the
corridor or area giving access to rooms used for sleeping
purposes.
Maintenance of Fire Protection Sys ems. All fire
hydrants, fire alarm systems, portable fire extinguisher
and other fire protective appliances hall be retained
in an operable condition at all times.
3.
4.
Each dwelling unit shall be separately etered for water,
gas and electricity. As an alterna ive, a plan for
equitable sharing of communal water etering shall be
developed prior to final map approval a d included in the
covenants, conditions and restriction. In such cases
where the subdivider can demonstrate at this standard
cannot or should not reasonably be met, this standard may
be modified by the authorized agency.
The applicant shall furnish the Comm nity Development
Department with a Coastal Development Permit or Notice
of Exemption from the California Coasta Commission prior
to recordation of the Final Map.
5.
6.
Prior to recordation of the Final Parcel Map, the
owner(s) shall have the proposed Parce Map approved by
the Authorized Agency of the City of E cinitas.
The applicant shall remit the approp iate impact fees
pursuant to Chapter 23 of the Municipa Code or present
evidence that the project is not subje t to the fees.
Pursuant to City of Encinitas Subd'vision Ordinance
24.50.130, the Final Parcel Map mus be recorded in
substantial conformance to this Tent ti ve Parcel Map
within 24 months of the date of app oval (5: 00 p.m.,
January 24, 1991), or this approval ill no longer be
valid.
An irrevocable offer of dedication sha I be made for 10'
along Hayden Dri ve adj acent to the p operty for road
purposes. Hayden Drive is classified s a local street
CO/02/CRO5-216wp52(2-8-89-1)
10.
11.
requiring an ultimate 60 foot right- f-way or 30 feet
from centerline.
The owner(s) shall execute and record a covenant with the
County Recorder agreeing not to oppos the formation of
an assessment district to fund the inst llation of right-
of-way improvements.
The owner(s) shall complete the followi g corrections for
structural improvements and pest cont ol as outlined in
the reports prepared by RJB Inspection ervice and Hydrex
Pest Control:
(a) All electrical junction connections shall be properly
secured and contained within boxes r fixtures. All
junction boxes and switches shall be pr perly fitted with
cover plates. Main breaker panels shal be refitted with
knock-out plugs as appropriate and su -panels shall be
properly covered.
(b) Smoke detectors shall be operatio al and adequately
installed and placed to the satisfactio of the City Fire
Inspector.
(c) Water heater enclosure doors an pressure relief
valves shall be properly installed an operational.
(d) All toilet fixtures shall be firm y attached to the
floor to prevent wax seal leaks.
(e) An air-gap shall be provided in th dishwasher drain
line to prevent the possibility of aste water from
entering the dishwasher in the event 0 a kitchen drain
backup.
(f) All holes in exterior walls sha I be patched to
prevent water and insects from enterin .
(g) The wall and ceiling between the
is a required fire separation wall.
ceiling violates fire code requireme
filled in with material approved by
Inspector.
house and garage
The hole in the
ts and shall be
the City's Fire
(h) The owner(s) shall complete the re ommendations for
treatment of wood destroying pests as outlined in the
Hydrex Pest Control Report dated Nove er 4, 1988.
(i) The above conditions shall be com lied with to the
satisfaction of City Inspectors prior 0 recordation of
the Final Parcel Map.
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12.
Prior to recordation of the Parcel ap, the two lots
shall be merged in accordance with i ty requirements
through the recordation of the Final ap and meets the
bounds description.
13.
Appropriate permits shall be obtained from the City for
the construction of the proposed gar ge and accessing
driveway prior to the recordation of the Final Parcel
Map. Substantial construction of th proposed garage
shall be commenced to the satisfactio of the Building
Inspector prior to recordation of the Parcel Map.
BE IT FURTHER RESOLVED, by the Cardiff-by the-Sea Community
Advisory Board of the City of Encinitas that this project was found
to be exempt from Environmental Review, Section
5301 (k) of CEQA.
PASSED AND ADOPTED this 23rd day of Janu ry,
1989 by the
following vote, to wit:
AYES: Barker, Crosthwaite, Orr
NAYS: None
ABSENT: None
ABSTAIN: None
DISQUALIFY: Shannon
airperson of the
ommuni ty Advisory
ATTEST: n
ÛJAt6(?.~~
Craig R. Olson, Assistant Planner
CO/02/CRO5-216wp54(2-8-89-1)
3.
4.
5.
ATTACHMENT "A"
CARDIFF-BY-THE-SEA COMMUNITY ADVISOR
RESOLUTION NO. C-89-007
CASE NO. 88-355- TPM
BOARD
Findings
pursuant
Section
to
24.40.100
of
City
the
of
Encinitas Subdivision Ordinance:
1.
All provisions of Chapter 24.40 are met.
Evidence to Consider: Chapter 24.40 con
standards applicable only to conversion t
stock cooperatives. Subject to the condi
contained in the attached resolution, those
complied with.
ains development
condominiums or
ions of approval
standards will be
2.
The proposed conversion is not incons'stent with any
objectives or policies in the City General Plan specifically
directed to the conversion.
Evidence to Consider: The existing
guidelines contained in the current Gen
effective density of 10 du per acre. Staff
goals, objectives, or policies with the
which this proposal is inconsistent.
tructure density
ral Plan, at an
has identified no
eneral Plan with
The proposed conversion will conform to the Municipal Code in
effect at the time of Tentative Map ap roval except as
otherwise provided in this Chapter.
Evidence to Consider: The proposed onversion
conformance with current Municipal Code Re lations.
is
in
The overall design and physical condition f the conversion
achieves a high degree of appearance, quali y and safety.
Evidence to Consider: Subject to the condi ion stated in the
Resolution that the owner preform the sug ested structural
improvements outlined in the physical insp ction report and
the pest control report, it can be found th t the structures
could achieve a high degree of appearance, ality and safety.
The conversion would not displace predo inantly low and
moderate income families or tenants without dequate provision
for suitable relocation of such families or tenants.
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Evidence to Consider: The current owne s/residents have
submitted a statement confirming that the will vacate the
property at close of escrow.
WHEREAS, the community Advisory
(a) That the proposed map is consisten with applicable
general and specific plans as specified in S ction 65451 since
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 is consistent with applicable ge eral and specific
plans since the project as conditioned requ res dedication to
meet City right-of-way standards and other ity requirements,
and the design meets City standards.
(c) That the site is physically suitabl
development since the duplex is existing.
for the type of
(d) That the site is physically suitable for the proposed
density of development since the duplex is existing and has
met current City standards.
(e) That the design of the subdivision
improvements are not likely to cause substan
damage or substantially and avoidably injur
or their habitat since the project is
environmental issues exist.
or the proposed
ial environmental
fish or wildlife
existing and no
(f) That the design of the subdivi ion or type of
improvements is not likely to cause seri us public health
problems since the subdivision is to convert existing units
to the condominium.
(g) That the design of the subdivisio or the type of
improvements will conflict with easements acquired by the
public at large, for access through or use 0 , property within
the proposed subdivision since no such pub ic easements have
been identified on the subject site.
CO/02/CRO5-216wp56(2-8-89-1)