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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