1990-40
RESOLUTION NO. C-90-40
A RESOLUTION OF THE CARDIFF-BY-THE-SEA
COMKUNITY ADVISORY BOARD APPROVING A TENTATIVE PARCEL MAP
FOR CONVERSION OF TWO EXISTING RESIDENTIAL UNITS
INTO A ONE LOT CONDOMINIUM FORM OF OWNERSHIP
LOCATED AT 1613 SAN ELIJO AVENUE
(CASE NO. 90-235 TPK)
WHEREAS, a request for consideration of Tentative Parcel Map
90-235 was filed by Masterpiece Homes and Santa Fe Surveys for
conversion of a duplex into a one lot condominium form of ownership
for property located at 1613 San Elijo Avenue, legally described
as;
Lots "E" and "Fn in Block 77 of CARDIFF VILLA TRACT, in
the City of Encini tas, ::ounty of San Diego, State of
California, according to Map thereof No. 1469, filed in
the Office of the County Recorder of San Diego County,
August 10, 1912. Said lots "E" and "F" having been
merged into a single lot of record by certificate of
Compliance recorded as Document #1578 with the County
Recorder of San Diego County on May 24, 1990.
WHEREAS, a public hearing was conducted on the application on
October 22, 1990 and;
WHEREAS, the Community Advisory Board considered:
1. The staff report dated October 17, 1990;
2. The Tentative Parcel Map submitted by the applicant and
dated received by the City on September 26, 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" An)
NOW THEREFORE, BE IT RESOLVED that Tentative Parcel Map 90-
235 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.,
October 22, 1992), or this approval will no longer be
valid.
8. City Engineer: applicant shall contact the Public Works
Department regarding compliance with the following
conditions (a-i):
Drainaae Conditions
a. Concentrated flows across driveways and/or sidewalks
shall not be permitted.
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street Conditions
b.' 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.
c. 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.
d. Improvements constructed within the present or
future public right-of-way shall be considered
temporary. Applicant shall enter into an
encroachment removal covenant agreeing to remove
those improvements at the direction of the City.
utilities
e. The developer shall comply with all the rules,
regulations and design requirements of the
respective utility agencies regarding services to
the project.
f. The developer shall be responsible for coordination
with S.D.G. & E., Pacific Telephone, and Cable TV
authorities.
g. All proposed utilities within the project shall be
installed underground including existing utilities
unless exempt by the Municipal Code.
h. The developer shall be responsible for the
relocation and undergrounding of existing public
utilities, as required.
i. This project will be approved specifically as 1
(single) phase.
9. Reciprocal access and/or maintenance agreements shall be
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. 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.
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11. 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.
12. 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.
13. All landscaping shall be maintained to achieve a high
degree of appearance and quality.
14. 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.
15. All conditions of approval of Design Review Permit #89-
120 (Resolution No. C-S9-018) shall be complied with
prior to final occupancy of the project to the
satisfaction of the Director of Planning and Community
Development.
16. The Board waives section 30.16.010D 7 and S of the
Municipal Zoning Code as provided by those sections.
PASSED AND ADOPTED this 22nd day of October, 1990 by the
following vote, to wit:
AYES: Grossman, Tom, Cruz, MacManus
NAYS: None
ABSENT: McCabe
ABSTAIN: None
~
al.rperson of the
ea Community Advisory
~cÁ2
<2 . ~.~
Cral.g R. Olson, Assistant Planner
CO/03/CROS-678wp5 4(10/24/90-1)
ATTACHMENT "A"
CARDIFF-BY-TBE-SEA COMMUNITY ADVISORY BOARD
RESOLUTION NO. C-90-40
CASE NO. 90-235 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. 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 30.16.010D 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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