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1990-22 RESOLUTION NO. C-90-022 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 2166 EDIHBURG AVENUE (CASE NO. 90-121 TPM) WHEREAS, a request for consideration of Tentative Parcel Map 90-121 was filed by Joseph Birdsell for conversion of a duplex into a one lot condominium form of ownership for the property located at 2166 Edinburg Avenue, legally described as; LOT 17, 18 AND 19 IN BLOCK "E" OF CARDIFF A, CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1334, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 12, 1911. SAID LOTS HAVE BEEN MERGED INTO A SINGLE LOT OF RECORD. WHEREAS, a public hearing was conducted on the application on June 25 1990 and; WHEREAS, the Community Advisory Board considered: 1. The staff report dated June 20, 1990; 2. The Tentative Parcel Map submitted by the applicant and dated received by the City on May 22, 1990; 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 90- 121 TPM is hereby approved in accordance with Chapter 24.40 of the City of Encinitas Subdivision Ordinance subject to the following conditions: CO/dc/CR07-574wp5 1(7-2-90\2) 1. 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. 2. 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. 3. Prior to final recordation the applicant shall submit a letter from the Fire District stating that all development impact, plan check, andlor cost recovery fees have been paid. 4. 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. 5. 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. 6. 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. 7. 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., June 25, 1992), or this approval will no longer be valid. 8. An Irrevocable Offer of Dedication shall be made for 10' along Edinburg Avenue adjacent to the property for road purposes unless found to be waived in accordance with City Council Policy adopted March 14, 1990. 9. 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. 10. Reciprocal access andlor maintenance 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. CO/dc/CR07-574wp5 2(7-2-90\2) 11. 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. 12. The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. 13. Each dwelling unit shall be separately metered for gas and electricity. Separate water meters or 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. 14. The developer shall be responsible for coordination with S.D.G. & E., Pacific Telephone, and Cable TV authorities. IS. The developer shall exercise special care during the construction phase of this project to prevent any offsite siltation. The developer shall provide erosion control measures and shall construct temporary desiltation/detention basins of type, size and location as approved by the City Engineer. The basins and erosion control measures shall be shown and specified on the grading plan and shall be constructed to the satisfaction of the City Engineer prior to the start of any other grading operations. Prior to the removal of any basins or facilities so constructed the area served shall be protected by additional drainage facilities, slope erosion control measures and other methods required or approved by the City Engineer. The developer shall maintain the temporary basins and erosion control measures for a period of time satisfactory to the City Engineer and shall guarantee their maintenance and satisfactory performance through cash deposit and bonding in amounts and types suitable to the City Engineer. 16. Concentrated flows across driveways andlor sidewalks shall not be permitted. 17. The drainage system shall be designed to ensure that runoff resulting from a 10-year frequency storm of 6 hours or 24 hours duration under developed conditions, is equal to or less than the runoff from a storm of the same frequency and duration under existing developed conditions. Both 6 hour and 24 hour storm durations shall be analyzed to determine the detention basin capacities necessary to accomplish the desired results. 18. The developer shall obtain the City Engineer's approval of the project improvement plans and enter into a secured agreement wi th the City for completion of said improvements. The improvements shall be constructed CO/dc/CR07-S74wpS3(7-2-90\2) prior to final occupancy sign-off of any building permit for any unit within the project. The improvements are: Paving of the IS' alley adjacent to the subject properties. 19. The developer shall comply with all the rules, regulations and design requirements of the respective utility agencies regarding services to the project. 20. All proposed utilities within the project shall be installed underground including existing utilities unless exempt by the Municipal Code. 21. Each unit shall have at least 200 cubic feet of enclosed weather-proofed and lockable private storage space in addition to closets customarily provided. Such space may be provided in any location approved by the Department. 22. A laundry area shall be provided in each unit; or if common laundry areas are provided, such facilities shall consist of not less than one automatic washer and dryer for each five units or fraction thereof. 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. 23. All landscaping shall be maintained to achieve a high degree of appearance and quality. 24. The developer shall provide written certification to the buyer of each unit at the close of escrow that any dishwashers, garbage disposals, stoves, refrigerators, hot water tanks, and air conditioners that are provided are in operable working condition as of the close of escrow. CO/dc/CR07-S74wpS 4(7-2-90\2) PASSED AND ADOPTED this 25th day of June, 1990 by the following vote, to wit: AYES: MacManus, Grossman, Orr NAYS: None ABSENT: McCabe, Barker ABSTAIN: None ice Chairperson of the ea Community Advisory A~b e.~ Craig R. Olson, Assistant Planner CO/dc/CR07-574wp5 5(7-2-90\2) ATTACHMENT "A" CARDIFF-BY-THE-SEA COMMUNITY ADVISORY BOARD RESOLUTION NO. C-90-022 CASE NO. 90-121 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:: 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:: 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. All provisions of this section have either been or will be met; or have been waived by the Community Advisory Board. Evidence:: The proposed conversion is in conformance with current Municipal Code regulations. Subject to the conditions of approval contained in this resolution, those standards will be complied with. 4. The overall design and physical condition of the conversion achieves a high degree of appearance, quality and safety. Evidence:: Prior to the issuance of final occupancy approval, the project will be evaluated to assure compliance with the approved Design Review Permit. Since the structures are constructed in accordance with current building, fire, electrical and plumbing codes, the physical condition will provide adequate quality and safety. CO/dc/CR07-S74wpS 6(7-2-90\2) 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:: The units are currently under construction and have never been rented or occupied. CO/dc/CR07-574wp5 7(7-2-90\2)