1990-36
RESOLUTION NO. C-90-36
A RESOLUTION OF THE CARDIFF-BY-THE-SEA
COKHUNITY ADVISORY BOARD APPROVING A TENTATIVE PARCEL MAP
FOR CONVERSION OF TWO EXISTING RESIDENTIAL UNITS
INTO A ONE LOT CONDOMINIUM FORM OF OWNERSHIP
LOCATED AT 148 AND 150 VERDI AVENUE
(CASE NO. 90-199 TPM)
WHEREAS, a request for consideration of Tentative Parcel Map
90-199 was filed by Douglas Mulvey and Pasco Engineering for
conversion of a duplex into a one lot condominium form of ownership
for property located at 148 and 150 Verdi Avenue, legally described
as;
That portion of Lot "M" in Block 77 of CARDIFF VILLA
TRACT, in the City of Encinitas, County of San Diego,
State of California, according to Map thereof No. 1469,
filed in the Office of the County Recorder of San Diego
County; more particularly described as per EXHIBIT "A"
attached hereto and made a part hereof by this reference.
WHEREAS, a public hearing was conducted on the application on
September 24, 1990 and;
WHEREAS, the community Advisory Board considered:
1. The staff report dated September 19, 1990;
2. The Tentative Parcel Map submitted by the applicant and
dated received by the City on August 8, 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-
199 TPM is hereby approved in accordance with Chapter 24.40 of the
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City of Encinitas Subdivision Ordinance subject to the following
conditions:
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 as required by the
Fire Marshal shall be retained in an operable condition
at all times. Address numbers shall be clearly visible
from the street fronting the structure.
3. 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.
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. The owner shall be
responsible for recordation of the condominium map with
the State Department of Real Estate.
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.,
september 24, 1992), or this approval will no longer be
valid.
8. 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.
9. Reciprocal access and/or maintenance agreements shall be
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provided ensuring access to all units over private roads,
drives or parking areas and maintenance thereof to the
satisfaction of the Director of Public Works.
10. The frontage onto Verdi Avenue shall be improved with PCC
concrete curb and sidewalk to the satisfaction of the
ci ty Engineer. Parking shall be prohibited along the
curve of the property fronting Verdi Avenue as determined
appropriate by the City's Traffic Engineer or Traffic
Commission. A realignment of Verdi Avenue may be
required by the City Engineer or Traffic Commission
should it be found that the realignment would increase
the opportunity for on-street parking. Said realignment
may be part of the area wide improvements as referred to
in Condition #8.
11. The developer shall comply with all the rules,
regulations and design requirements of the respective
sewer and water agencies regarding services to the
project.
12. 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.
13. The developer shall be responsible for coordination with
S.D.G. & E., Pacific Telephone, and Cable TV authorities.
14. Concentrated flows across driveways and/or sidewalks
shall not be permitted.
15. The developer shall comply with all the rules,
regulations and design requirements of the respective
utility agencies regarding services to the project.
16. All proposed utilities within the project shall be
installed underground including existing utilities unless
exempt by the Municipal Code.
17. 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 Community
Development Department.
18. 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
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cannot or should not reasonably be met, this standard may
be modified by the authorized agency.
19. All landscaping shall be maintained to achieve a high
degree of appearance and quality.
20. 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.
21. The Board waives section 30.16.010D 7 and 8 of the
Municipal Zoning Code as provided by those sections.
PASSED AND ADOPTED this 24th day of September, 1990 by the
following vote, to wit:
AYES: Cruz, McCabe, MacManus
NAYS: None
ABSENT: Grossman, Tom
ABSTAIN: None
A~ ~.~
Craig R. Olson, Assistant Planner
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ATTACHMENT "A"
CARDXPP-BY-THE-SEA COKHUNXTY ADVISORY BOARD
RESOLUTION NO. C-90-36
CASE NO. 90-199 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
cooperati ves. 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: 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.
Evidence: 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. 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 structure is
constructed in accordance with current building, fire,
electrical and plumbing codes, the physical condition will
provide adequate quality and safety.
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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 recently constructed and
have never been rented or occupied.
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EXHIBIT "A"
That portion of Lot "M" in Block 77 of CARDIFF VILLA TRACT, in the
City of Encinitas, County of San Diego, State of California,
according to Map thereof No. 1459, filed in the Office of the
County Recorder of San Diego County, August 10, 1912, and portion
of the Northwest Quarter of section 22, Township 1~ South, Range
4 West, San Bernardino Base and Meridian, according to united State~
Government survey, approved April 19, 1881, all being in the County
of San Diego, State of California, being more particularly
described as follows:
Beginning at the next Westerly corner of said Lot "M"; thence North
58°30'03" East, 163.20 feet (Record North 58°32'00" East, 162.89
feet) to an intersection with a line which bears North 7°10 '13"
East (Record North 7°10'00" East) from the Northwesterly corner of
said Lot "M"; thence along said line, South 7°10'13" West, 84.71
feet (Record South 7°10'00" West, 84.72 feet to said Northeasterly
corner of said Lot "M"; thence along the Easterly line of said Lot
"M", South 9°04'00" West, 13.00 feet; thence leaving said Easterly
line North 80°27' 25" West, 35.17 feet; thence North 86°23' 52" West,
92.03 feet to the POINT OF BEGINNING.
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