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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