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1991-20 RESOLUTION NO. C-91-20 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 2554 AND 2556 MANCHESTER AVENUE (CASE NO. 91-093 TPM) WHEREAS, a request for consideration of Tentative Parcel Map 91-093 was filed by R. T. Martin and Conway Associates for conversion of a duplex into a one lot condominium form of ownership for the property located at 2554 and 2556 Manchester Avenue, legally described as; The southerly 5 feet of Lot 11 and all those portions of Lots 12 through 19 inclusive in Block 3 of CARDIFF, in the city of Encinitas, County of San Diego, State of California, according to Map thereof No. 1298, filed in the Office of the County Recorder of San Diego County, November 14, 1910, lying Easterly and Northeasterly of the centerline of the County Road, as granted to San Diego County by deed recorded November 25, 1949, in Book 3398, pages 263 and 268 both of Official Records and shown on plat of Road Survey No. 1132 on file in the Office of the County Surveyor of San Diego County. WHEREAS, public hearings were conducted on the application on June 24 and July 22, 1991 and; WHEREAS, the Community Advisory Board considered: 1. The staff reports dated June 19 and July 17, 1991; 2. The Tentative Parcel Map submitted by the applicant and dated received by the City on June 3, 1991 3. Oral evidence submitted at the hearings; 4. written evidence submitted at the hearings; 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 91-093 TPM is hereby approved in accordance with Chapter 24.40 of the City following Subdivision Ordinance subject to the conditions: Encinitas of 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, 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. 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. Prior to recordation of the Final Parcel Map, the owner(s) shall have secured Final Occupancy approval for the subject units. 7. 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. Impact fees may include School Fees, Water and Sewer Service Fees, Traffic Fees, Drainage Fees and Park and Recreation Fees. 8. 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 martin/reso(6-14-91) 9. 10. 11. within 24 months of the date of approval (5:00 p.m., June 24, 1993), or this approval will no longer be valid. APPLICANT SHALL CONTACT THE CITY ENGINEERING DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: street Conditions: (a) The developer shall be required to grant an IOD of ten feet along the project frontage of San Elijo based on a centerline to right-of-way width of 30 feet and in conformance with the City of Encinitas Road Standards. (b) 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. (c) Improvements constructed wi thin 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: (d) The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. (e) The developer shall be responsible for coordination wi th S. D. G. & E., Pacific Telephone, and any other applicable utility authorities. (f) All proposed utilities within the project shall be installed underground including existing utilities unless exempt by the Municipal Code. Reciprocal access and/or 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. 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. martin/reso(6-14-91) 12. 13. 14. 15. 16. 17. 18. PASSED 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. Concentrated flows across shall not be permitted. driveways sidewalks and/or The developer shall comply with all the rules, regulations and design requirements of the respective utility agencies regarding services to the project. 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. 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. AND ADOPTED this 1991 by the of July, 22nd day following vote, to wit: AYES: NAYS: ABSENT: ABSTAIN: Hall, Anderson, Grossman, Tom None Cruz None C~t ~~ C ~.'~' \ '~'- Calvin F. Tom, Chairman of the Cardiff-By-The-Sea Community Advisory Board ATTO~ e - ~ Craig R. Olson, Assistant Planner martin/reso(6-14-91) ATTACHMENT "A" CARDIFF-BY-THE-SEA COMMUNITY ADVISORY BOARD RESOLUTION NO. C-91-20 CASE NO. 91-093 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 Community Advisory Board finds that Housing Element Policy 1.5 discourages the conversion of existing rental housing to prevent a diminishing inventory of affordable rental stock. Since the duplex is currently being constructed, no tenants occupy the structure and no low or very low income families would be affected by the conversion. Housing Element Policy 1. 2 encourages the City "to provide a wide range of housing types" which includes the 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 project is found by the Board to be in compliance with section 24.40.060 of the City's Subdivision Ordinance which relates specifically to condominium conversion projects. The existing structure is found to comply with development standards since it is currently being constructed in conformance with Uniform construction codes. martin/reso(6-14-91) 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. 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. martin/reso(6-14-91)