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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. CO/02/CRO5-216wp53(2-8-89-1) 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. CO/02/CRO5-216wp55(2-8-89-1) 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)