1991-12
RESOLUTION NO. C-91-12
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 1831 AND 1833 WESTMINSTER DRIVE
(CASE NO. 91-038 TPM)
WHEREAS, a request for consideration of Tentative Parcel Map
91-038 was filed by David Schlegel and Chet Johnston for conversion
of a duplex into a one lot condominium form of ownership for
property
located
at
1831
and
1833
Westminster Drive,
legally
described as;
Lot "F" in Block 82 of CARDIFF VILLA TRACT, according to
Map thereof No. 1469, filed in the office of the County
Recorder of San Diego County, August 10, 1912.
WHEREAS, a public hearing was conducted on the application on
March 25, 1991 and;
WHEREAS, the Community Advisory Board considered:
1.
The staff report dated March 20, 1991;
2.
The Tentative Parcel Map submitted by the applicant and
dated received by the City on February 22, 1991;
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 91-038
TPM is hereby approved in accordance with Chapter 24.40 of the city
of
Encinitas
Subdivision
Ordinance
subject
to
the
following
conditions:
CO/dc/CRO8-732wp51(3/29/91/1)
Page 1 of 6
7.
8.
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.
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.,
March 25, 1993), or this approval will no longer be
valid.
City Engineer: applicant shall contact the Public Works
Department regarding compliance with the following
conditions (a-b):
( a)
An Irrevocable Offer of Dedication (I.O.D.) shall
be made for 5 feet along Westminster Drive adjacent
to the property for public right-of-way purposes
unless waived pursuant to the City Council Policy
of March 14, 1990.
(b)
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.
CO/dc/CRO8-732wp52(3/29/91/1)
Page 2 of 6
9.
10.
11.
12.
13.
14.
15.
16.
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.
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.
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.
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.
All landscaping shall be maintained to achieve a high
degree of appearance and quality.
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.
Prior to Final Parcel Map approval, the owner shall
provide evidence that all recommended improvements listed
within the Building Inspection Report conducted by
Building Inspection Services and dated January 30, 1991;
and the Pest Control Inspection Report conducted by Head
Exterminators and dated February 6, 1991 have been
completed to the satisfaction of the Director of Planning
and Community Development.
The Board waives Section 30.16.010D 7 and 8 of the
Municipal Zoning Code as provided by those sections.
BE IT FURTHER RESOLVED by the Cardiff-by-the-Sea Community
Advisory Board that:
This project was found exempt from Environmental Review
per Section 15301(k) of CEQA.
CO/dc/CRO8-732wp53(3/29/91/1)
Page 3 of 6
PASSED AND ADOPTED this 25th day of March,
following vote, to wit:
AYES:
Grossman, Anderson, Hall, Tom
NAYS:
None
ABSENT:
None
ABSTAIN:
Cruz
LJ \ -" I"
CALVIN TOM, Chairman of the
Cardiff-By-The-Sea Community
Board
ATTEST: n
~~(p Q . ~_.-
Craig R. Olson, Assistant Planner
CO/dc/CRO8-732wp54(3/29/91/1)
1991 by the
Advisory
Page 4 of 6
ATTACHMENT "A"
CARDIFF-BY-THE-SEA COMMUNITY ADVISORY BOARD
RESOLUTION NO. C-91-12
CASE NO. 91-038 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: Housing Element policy 1.5 discourages the
conversion of existing rental housing to prevent a diminishing
inventory of affordable rental stock. The applicant has
submitted tenant certifications which indicate that the units
are not occupied by low or very low income families. Housing
Element Policy 1. 2 encourages the City "to provide a wide
range of housing types" which includes condominium form of
ownership. Therefore, the application for conversion is
consistent with General Plan Policy.
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. Any aspect of the existing structure which may not now
comply with development standards is considered legal
nonconforming since the structure was built in 1972.
CO/dc/CRO8-732wp55(3/29/91/1)
Page 5 of 6
4.
The overall design and physical condition of the conversion
achieves a high degree of appearance, quality and safety.
Evidence: Prior to final map approval, the project is
conditioned to require structural improvements as specified in
the submitted Building Inspection Report and Pest Control
Inspection Report.
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: Tenants of each unit have provided Certificates of
Income to indicate that they do not qualify as low or very low
income families in accordance with SANDAG standards.
CO/dc/CRO8-732wp56(3/29/91/1)
Page 6 of 6