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1991-22 RESOLUTION NO. C-91-22 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 1567 AND 1569 RUBENSTEIN AVENUE (CASE NO. 91-142 TPM) WHEREAS, a request for consideration of Tentative Parcel Map 91-142 was filed by Jeffrey Heinrich for conversion of a duplex into a one lot condominium form of ownership for the property located at 1567 and 1569 Rubenstein Avenue, legally described as; That portion of Lot 13 of Ridgeway Heights, in the County of San Diego, State of California, according to Map thereof No. 2163 filed in the office of the County Recorder of San Diego County, July 3, 1939, described as follows: Beginning at the northwesterly corner of said lot 13; thence along the westerly line of said lot 13, south 17 degrees, 38' 40" west 67.16 feet and south 22 degrees 56 'west 15.78 feet; thence leaving said westerly line, north 87 degrees 50' 02" east to an intersection with a line bearing south 7 degrees 13' east from a point in the northwesterly line of said lot 13, distant thereon north 87 degrees 50' 02" east 150 feet from the northwesterly line of said lot 13; thence south 87 degrees 50' 02" west along said northerly line 150 feet to the true point of beginning. WHEREAS, a public hearing was conducted on the application on August 26, 1991 and; WHEREAS, the Community Advisory Board considered: 1. The staff report dated August 21, 1991; 2. The Tentative Parcel Map submitted by the applicant and dated received by the City on July 31, 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 91-142 TPM is hereby approved in accordance with Chapter 24.40 of the city following of Encinitas Subdivision Ordinance subject to the 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 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. 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. 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 jkj91142tpm.res(8-20-91) 8. 10. 11. within 24 months of the date of approval (5:00 p.m., August 26, 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 owner(s) shall execute and record a covenant wi th the County Recorder agreeing not to oppose the formation of an assessment district to fund the installation of right-of-way improvements. (b) The developer shall make an offer of dedication to the City for all public streets and easements required by these conditions or shown on the TENTATIVE MAP. The offer shall be made BY A CERTIFICATE ON THE FINAL MAP for this project. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the City. streets that are already public are not required to be rededicated. (c) Three (3) feet shall be dedicated by the developer along the subdivision frontage based on a center line to right-of-way improvements. utilities: (d) All proposed utilities within the project shall be installed underground including existing utilities unless exempt by the Municipal Code. Drainaqe (e) Concentrated flows across driveways and/or sidewalks shall not be permitted. 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. 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. The developer shall comply with all the rules, regulations and design requirements of the respective utility agencies regarding services to the project. jk/91142tpm.res(8-20-91) 12. 13. 14. 15. 16. 17. 18. 19. Each unit shall have at least 200 cubic feet of enclosed weather-proofed and lockable private storage space in addi tion to closets customarily provided. Such space may be provided in any location to the satisfaction of the Director of the of Planning and Community Development. 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. Address numbers shall be clearly visible from the street fronting the structure. The height of numbers shall conform to Fire District standards. Prior to recordation, the applicant shall submit to the Planning Dept. a letter from the Fire District that all development impact fees have been paid to the satisfaction of the Fire District. Prior to Final Parcel Map approval, the owner shall provide evidence that all recommended improvements listed within the Building Inspection Report conducted by Redfield Home Inspections on July 1, 1991; and the Pest Control Inspection Report conducted by Antimite on July 3, 1991 have been completed to the satisfaction of the Director of Planning and Community Development. The Board waives Sections 30.16.010 D 7 & 8 of the Municipal Code since it is determined that the application of said conditions is anappropriate for a two unit development. jkj91142tpm.res(8-20-91) PASSED AND ADOPTED this 26th day of August, 1991 by the following vote, to wit: AYES: Anderson, Cruz, Grossman, Hall, Tom NAYS: None ABSENT: None ABSTAIN: None c~ ~ç \~ Calvin F. Tom, Chairman of the Cardiff-By-The-Sea Community Advisory Board ATTë.~~~~ ~ ,~,~~ Craig R. Olson, Assistant Planner jk/91142tpm.res(8-20-91) ATTACHMENT "A" CARDIFF-BY-THE-SEA COMMUNITY ADVISORY BOARD RESOLUTION NO. C-91- CASE NO. 91-142 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 lito 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. jkj91142tpm.res(8-20-91) 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. jk/91142tpm.res(8-20-91)