1989-24
RESOLUTION NO. C-89-024
A RBSOLUTION OF THB CARDIF~-BY-THE-SBA
COMKUNITY ADVISORY BOARD APPROVING A TENTATIVB PARCBL MAP
FOR CONVERSION OF TWO EXISTING RESIDENTIAL UNITS
INTO A ONE LOT CONDOKIHIUK FORK OF OWHBRSHIP
LOCATBD AT 1739/1741 SAN BLIJO
(CASB NO. 89-214 TPK)
WHEREAS, a request for consideration of Tentative Parcel Map
89-214 was filed by Duane Knutson for conversion of a duplex into
a one lot condominium form of ownership for property located at
1739/1741 San Elijo Avenue, legally described as;
All of Lot "c" and the Northerly 7.50 feet of the Easterly
67.00 feet of Lot "B" in Block 75, all being in Cardiff Villa
Tract, according to Map thereof No. 1469, filed in the Office
of the County Recorder of San Diego County, August 10, 1912.
Excepting from said Lot "c" the Southerly 7. SO feet of the
Westerly 73.00 feet thereof.
WHEREAS, public hearings were conducted on the application on
October 23, and November 27, 1989 and,
WHEREAS, the Community Advisory Board considered:
1. The staff reports dated October 18, 1989 and November 22,
1989;
2. The Tentative Parcel Map submitted by the applicant;
3. Oral evidence submitted at the hearings;
4. written evidence submitted with the application and at
the hearings; 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"
CO/04/CROS-38SWPS (12-04-89-2) Page 1 of 6
NOW, THEREFORE, BE IT RESOLVED that Tentative Parcel Map 89-
214 TPM is hereby approved in accordance with Chapter 24.40 of the
City of Encinitas Subdivision Ordinance subject to the following
conditions:
1. Prior to recordation of a Final Map, the applicant shall
submit 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. Should the Director of Planning and Community Development
determine that the condominium conversion will displace a
tenant family qualifying as moderate, low or very low income;
in-lieu fees shall be paid or replacement of the unites) shall
be provided for low or moderate income families pursuant to
Article 10.7, section 65590 of the State Planning and zoning
Law.
3. 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.
4. 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.
5. Prior to final map approval, applicant shall submit a letter
from the Fire District stating that all Development Impact,
plan check and/or cost recovery fees have been paid.
6. Each dwelling unit shall be separately metered for water, gas
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 restrictions. In such cases where the
subdivider can demonstrate that this standard cannot or should
not reasonably be met, this standard may be modified by the
authorized agency.
CO/04/CROS-38SWPS (12-04-89-2) Page 2 of 6
7. The San Dieguito Water District is currently serving water to
this location and has no objections to the conversion,
providing the following criteria are met:
a. Customer account shall be maintained in the name of the
property owner or person occupying the property to which
water service is provided.
b. Water may be supplied through one meter to multiple
residential units providing it remains as one single
assessor's parcel.
8. The applicant shall furnish the community Development
Department wi th a Coastal Development Permit or Notice of
Exemption from the California Coastal Commission prior to
recordation.
9. 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.
10. 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.
11. Pursuant to City of Encini tas 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 (4:00 p.m., November 27, 1991), or this
approval will no longer be valid.
NOTE: APPLICANT SHALL CONTACT THE PUBLIC WORKS DBPARTMBNT
RBGARDING COKPLIANCB WITH THE FOLLOWING CONDITIONS (ltr
19):
Drainaae Conditions:
12. A drainage system capable of handling and disposing of all
surface water originating within the condominium project, and
all surface waters that may flow onto the condominium project
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.
CO/04/CROS-38SWP5 (12-04-89-2) Page 3 of 6
street Conditions:
13. The developer shall make an offer of dedication to the City
for all public streets and easements required by these
conditions or shown on the TENTATIVE MAP. The offer shall be
made BY A CERTIFICATE ON THE FINAL MAP for this project. All
land so offered shall be granted to the City free and clear
of all liens and encumbrances and without cost to the City.
streets that are already public are not required to be
rededicated.
14. An Irrevocable Offer of Dedication (I.O.D.) shall be made for
5 feet along San Elijo Avenue adjacent to the property for
public right-of-way purposes.
15. Prior to any work being performed in the public right-of-way,
a right-of-way construction permit shall be obtained from the
Public Works office and appropriate fees paid, in addition to
any other permits required.
16. Developer 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.
utilities:
17. The developer shall comply with all the rules, regulations and
design requirements of the respective sewer and water agencies
regarding services to the project.
18. The developer shall be responsible for coordination with
S.D.G.& E., Pacific Telephone, and Cable TV authorities.
19. The developer shall be responsible for the relocation and
undergrounding of existing public utilities, as required. On-
site utilities shall be undergrounded to a nearby utility pole
equipped to accept underground hook-ups.
20. Prior to Final Parcel Map recordation, the recommendations for
corrective structural repair and pest control abatement as
specified in the Inspection Reports from "Total Check" dated
August 1, 1989 and "Antimite" dated september 20, 1989 shall
be completed to the satisfaction of the Director of Planning
and community Development. Letters from qualified structural
repair and pest abatement companies shall be submitted as
proof that the recommended corrections have been made.
CO/04/CROS-38SWPS (12-04-89-2) Page 4 of 6
PASSED AND ADOPTED this 27th day of November, 1989, by the
following vote, to wit:
AYES: Orr, McCabe, Crosthwaite, Barker, MacManus
NAYS: None
ABSENT: None
ABSTAIN: None
errance Barker, Chairperson
of the cardiff-by-the-Sea
Community Advisory Board
ATTEST:
~l(.. (2 .~. -
Craig R. Olson, Assistant Planner
CO/04/CROS-38SWPS (12-04-89-2) Page 5 of 6
ATTACHMENT "A"
CARDIFF-BY-THB-SBA COMMUNITY ADVISORY BOARD
RESOLUTION NO. C-89-024
CASE NO. 89-214 TPK
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. subj ect 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 complies with
density guidelines contained in the current General Plan, at
an effective density of 10 du per acre. Staff has identified
no goals, objectives, or policies of the General Plan with
which this proposal is inconsistent.
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.
Evidence to Consider: The proposed conversion is in
conformance with current Municipal Code Regulations including,
but not limited to, parking and setback standards.
4. The overall design and physical conditions of the conversion
achieves a high degree of appearance, quality and safety.
Bvidence to Consider: subject to the condition stated in the
Resolution that the owner perform the suggested structural
improvements outlined in the physical inspection report and
the pest control report, it can be found that the structures
could achieve a high degree of appearance, quality and safety.
s. The conversion would not displace predominantly low and
moderate income families or tenants without adequate provision
for suitable relocation of such families or tenants.
Bvidence to consider: Approval of the conversion is subject
to a condition requiring relocation or in-lieu fees should any
tenants of the converted units qualify as moderate/low income
families.
CO/04/CRO5-38SWPS (12-04-89-2) Page 6 of 6