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)