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)