1989-17
RESOLUTION NO. C89-017
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 FORK OF OWNERSHIP
LOCATED AT 402-04 BRISTOL AVENUE
(CASE NO. 89-103 TPM)
WHEREAS, a request for consideration of a Tentative Parcel Map
89-103 was filed by Robert and Alberta Nacke for conversion of a
duplex into a one lot condominium form of ownership for the
property located at 402-04 Bristol Avenue, legally described as;
Lot 1 and 2, Block 103 of CARDIFF VISTA, in the city of
Encinitas, County of San Diego, State of California, according
to Map thereof No. 1547, filed in the Office of the County
Recorder of San Diego County.
WHEREAS, a public hearing was conducted on the application on
June 26, 1989 and;
WHEREAS, the community Advisory Board considered:
1. The staff report dated June 15, 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 89-
103 TPM is hereby approved in accordance with Chapter 24.40 of the
City of Encinitas Subdivision Ordinance subject to the following
conditions:
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1. Prior to recordation of a Final Map, the applicant shall
submi t satisfactory evidence to the Community Development
Department that the provision of the state Map Act
relating to notification of tenants that a conversion
condominium has been applied for (Section 66452.8,.9
et. al.) have been 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.
3. Maintenance of Fire Protection Systems. All fire
hydrants, fire alarm systems, portable fire extinguisher
and other fire protective appliances shall be retained
in an operable condition at all times.
4. Prior to final recordation the applicant shall submit a
letter from the Fire District stating that all
development impact, plan check, and/or cost recovery fees
have been paid.
5. 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 of the Final Map.
6. Prior to recordation of the Final Parcel Map, the
owner(s) shall have the proposed Parcel Map approved by
the Authorized Agency of the City of Encinitas.
7. The applicant shall remit the appropriate impact fees
pursuant to Chapter 23 of the Municipal Code or present
evidence that the project is not subject to the fees.
8. Pursuant to City of Encinitas Subdivision Ordinance
24.50.130, the Final Parcel Map must be recorded in
substantial conformance to this Tentative Parcel Map
within 24 months of the date of approval (5: 00 p.m., July
11, 1991), or this approval will no longer be valid.
9. An irrevocable offer of dedication shall be made for 10'
along Bristol Avenue adjacent to the property for road
purposes. Bristol Avenue is classified as a local street
requiring an ultimate 60 foot right-of-way or 30 feet
from centerline. (Although the Community Advisory Board
acknowledges the requirement of dedication by the Public
Works Department, it is made in protest because the
Cardiff community Advisory Board believes a 60 foot
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right-of-way is not compatible with the existing
neighborhood character of Old Cardiff.)
10. 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.
11. Reciprocal access and maintenance and/or agreements shall
be provided ensuring access to all parcels over private
roads, drives or parking areas and maintenance thereof
to the satisfaction of the Director of Public Works.
12. A drainage system capable of handling and disposing of
all surface water originating within the subdivision,
and all surface waters that may flow onto the subdivision
from adjacent lands, shall be required. Said drainage
system shall include any easements and structures as
required by the City Engineer to properly handle the
drainage.
13. The developer shall comply with all the rules,
regulations and design requirements of the respective
sewer and water agencies regarding services to the
project.
14. A maintenance agreement shall be established by the
Codes, Covenants and Restrictions for the condominimum
ownerships establishing an equitable share in the cost
of maintenance and repair of the existing septic system.
15. 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 included in the covenants, conditions
and restrictions.
16. The developer shall be responsible for coordination with
S.D.G. & E., Pacific Telephone, and Cable TV authorities.
17. The applicant shall not be required to underground
overhead utilities at this time. However, the applicant
shall execute a covenant agreeing not to oppose any
future assessment districts for the undergrounding of
such facilities and shall also comply with section
24.16.010 G of the City's Subdivision Ordinance.
18. The developer shall be responsible for the relocation and
undergrounding of existing public utilities, as required.
19. The owner(s) shall complete all corrections for
structural improvements and pest control as specified by
the reports prepared by Lee Frees Construction Company
and Antimite Termite and Pest Control (to be paid prior
to recordation of Final Map).
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PASSED AND ADOPTED this 10th day of July, 1989 by the
following vote, to wit:
AYES: Barker, MacManus, Orr, Crosthwaite
NAYS: None
ABSENT: None
ABSTAIN: McCabe ~
errance Barker, Chairperson of the
Cardiff-By-The-Sea Community Advisory
Board
A~&L.09~
craig R. Olson, Assistant Planner
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ATTACHMENT nAn
CARDIFF-BY-THE-SEA COMMUNITY ADVISORY BOARD
RESOLUTION NO. C89-017
CASE NO. 89-103 TPM
Findings pursuant to section 24.40.100 of the city of
Encinitas Subdivision Ordinance:
1. All provisions of Chapter 24.40 are met.
Evidence to consider: Chapter 24.40 contains development
standards applicable only to conversion to condominiums or
stock cooperatives. Subject to the conditions of approval
contained in the attached resolution, those standards will be
complied with.
2. The proposed conversion is not inconsistent with any
objectives or policies in the City General Plan specifically
directed to the conversion.
Evidence to consider: The existing structure satisfies all
applicable standards and requirements for the conversion of
residential property.
3. The proposed conversion will conform to the Municipal Code in
effect at the time of Tentative Map approval except as
otherwise provided in this Chapter.
section 30.16-D of the zoning Code has specific provisions
which condominium conversions are required to meet (see
Attachment A). All provisions of this Section have either
been met or have been determined to be non-applicable, with
exception to items A and B below, which the community Advisory
Board may waive.
Evidence to Consider: The proposed conversion is in
conformance with current Municipal Code regulations. subject
to the conditions with approval contained in the resolution,
those standards will be complied with. Items A and B below
may be waived by the community Advisory Board if deemed
appropriate.
A. A masonry wall, or equal six (6) feet in height from the
highest finished grade may be required along the
project's rear and side property lines, unless the
property line separates two higher density residential
projects. Where the adjacent grade of abutting property
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is four (4) feet or more lower or higher than the project
site, the masonry wall shall be a minimum of six (6) feet
in height. No walls are required in front or street side
yards unless needed for noise attenuation and/or privacy.
All masonry walls greater than 4 feet in height shall be
planted with vine cover material (or equal landscaping).
B. The following recreation facilities shall be provided
unless waived durina the Desian Review process:
a. Childrens' play area
b. swimming pool
c. Family picnic area
staff recommends the waiver of item A because the site
has an existing wooden fence of about 6 feet, and
recommends the waiver of item B because these
requirements are substantially met with the existing yard
area of approximately 1,500 square feet.
4. The overall design and physical condition of the conversion
achieves a high degree of appearance, quality and safety.
Evidence to Consider: Subject to the condition stated in the
Resolution that the owner preform the suggested structural
improvements outlined in the physical inspection report and
the pest control report, it can be found that the structures
could achieve an acceptable degree of appearance, quality and
safety.
5. The conversion would not displace predominantly low and
moderate income families or tenants without adequate provision
for suitable relocation of such families or tenants.
Evidence to Consider: The current owners/residents have
submi tted a statement confirming that they will vacate the
property at close of escrow.
WHEREAS, the Community AdYisory Board found:
(a) That the proposed map is consistent with applicable
general and specific plans as specified in section 65451 since
the existing General Plan Land Use allows 10.9 units per acre
consistent with the project.
(b) That the design or improvement of the proposed
subdivision is consistent with applicable general and specific
plans since the project as conditioned requires dedication to
meet city right-of-way standards and other City requirements,
and the design meets City standards.
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(c) That the site is physically suitable for the type of
development since the duplex is existing.
(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 or the proposed
improvements are not likely to cause substantial environmental
damage or substantially and avoidably injure fish or wildlife
or their habitat since the project is existing and no
environmental issues exist.
(f) That the design of the subdivision or type of
improvements is not likely to cause serious public health
problems since the subdivision is to convert existing units
to the condominium.
(g) That the design of the subdivision or the type of
improvements will conflict with easements, acquired by the
public at large, for access through or use of, property within
the proposed subdivision since no such public easements have
been identified on the subject site.
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