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
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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)