1991-27
RESOLUTION NO. C-91-27
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 2163 AND 2165 CAMBRIDGE AVENUE
(CASE NO. 91-117 TPM)
WHEREAS, a request for consideration of Tentative Parcel Map
91-117 was filed by John Lilley and Jerry A. Helms for conversion
of a duplex into a one lot condominium form of ownership for the
property
located
at
2163
and
2165
Cambridge
Avenue,
legally
described as;
Lots 31 and 32 of Block "E" of CARDIFF A, in the City Of
Encinitas, County of San Diego, State of California, according
to Map thereof No. 1334, filed in the Office of the County
Recorder of San Diego County, May 12, 1911.
WHEREAS, public hearings were continued on the application on
August 26 and September 23,1991 and a public hearing was conducted
on October 28, 1991, and;
WHEREAS, the Community Advisory Board considered:
1.
The staff reports dated August 24,
September 18,
and
October 23, 1991;
2.
The Tentative Parcel Map submitted by the applicant and
dated received by the city on June 27,
1991 and the
structural condition and pest inspection reports received
by the city on September 17,
1991,
as well as other
written documentation submitted with the application;
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 91-117
TPM is hereby approved in accordance with Chapter 24.40 of the City
following
Subdivision
Ordinance
the
subject
of
Encinitas
conditions:
to
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 or secured to the satisfaction of the
District. Address numbers shall be clearly visible from
the street fronting the structure. The height of the
numbers shall conform to Fire District standards.
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 p~esent
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
within 24 months of the date of approval (5:00 p.m.,
October 28, 1993), or this approval will no longer be
valid.
8.
APPLICANT SHALL CONTACT THE CITY ENGINEERING DEPARTMENT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
Gradinq Conditions:
(a) All City Codes, regulations, and policies in
effect at the time of final map submittal shall
apply.
(b) The grading for this project is defined in
Chapter 23.24 of the Encinitas Municipal Code.
Grading shall be performed under the observation of
a civil engineer whose responsibility it shall be
to coordinate site inspection and testing to insure
compliance of the work with the approved grading
plan, submit required reports to the city Engineer
and verify compliance with Chapter 23.24 of the
Encinitas Municipal Code.
(c) All newly created slopes within this project
shall be no steeper than 2:1.
(d) A soils/geological/hydraulic report (as
applicable) shall be prepared by a qualified
engineer licensed by the state of California to
perform such work prior to final map approval, or
at first submittal of a grading plan.
Drainaqe Conditions:
(e) 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.
(f) Concentrated flows across driveways
sidewalks shall not be permitted.
and/or
street Conditions:
(g) Plans, specifications, and supporting documents
for all improvements shall be prepared to the
satisfaction of the City Engineer. Prior to
approval of the final map, the Subdivider shall
install, or agree to install and secure with
appropriate security as provided by law,
improvements shown on the Tentative Map and the
following improvement to City Standards to the
satisfaction of the City Engineer:
9.
10.
11.
Half street improvements along the frontage of
cambridge Avenue with curb 15 feet from
centerline. Alley to be paved adjacent to the
property with due concern to drain the alley
to the street.
utilities:
(h) The developer shall comply with all the rules,
regulations and design requirements of the
respective utility agencies regarding services to
the project.
(i) The developer shall be responsible for
coordination with S.D.G.&E., Pacific Telephone and
all other applicable utility authorities.
(j) All proposed utilities within the project shall
be installed underground including existing
utilities unless exempt by the Municipal Code.
(k) The developer shall be responsible for the
relocation and undergrounding of existing public
utilities, as required.
(I) If a private sewer will serve this development
then a maintenance agreement must be executed
before recordation of the final map.
(m) This project will be approved specifically as 1
(single) phase.
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 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.
12.
13.
14.
15.
16.
All landscaping shall be maintained to achieve a high
degree of appearance and quality. Plant material and
irrigation systems shall be replaced as needed to
maintain a healthy and growing landscaped amenity.
Landscape material heights shall be maintained so as not
to significantly impact views to surrounding property
owners to the satisfaction of the Director of Planning
and Community Development.
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.
certifications by a qualified structural inspector and a
licensed pest control inspector shall be submitted to the
Planning Department indicating that all recommended
improvements identified in the structural Condition
Report conducted by Pacific-southwest Engineering and
dated 8-1-91, and the recommended improvements identified
in the Pest Inspection Report conducted by Chelsea Pest
& Termite Control and dated 9-10-91 have been completed
prior to Final Map approval. Said improvements include:
The water damaged flooring in the bathroom of unit
2156 shall be repaired or replaced.
The asphaltic driveway apron(s) shall be repaired
or replaced.
The existing landscaping shall be replanted or
maintained in accordance with the recommendations
of the structural inspection report.
Existing plumbing fixtures shall be refurbished or
replaced.
Repair or replacement of kitchen flooring in both
units.
The shade structure on the deck of the northerly living
unit shall be removed prior to Final Map approval. Any
future exterior structural improvements shall require
building permits as specified by the Uniform Building
Code and the City's Municipal Code.
Prior to Final Map approval, the property owner shall
cause to be recorded a covenant regarding real property
which sets forth this grant of approval. The covenant
shall be in form and content satisfactory to the Director
of Planning and Community Development.
PASSED AND ADOPTED this
following vote, to wit:
28th day of October 1991 by the
AYES: Hall, Anderson, Cruz, Tom
NAYS: None
ABSENT: Grossman
ABSTAIN: None
t . ...-------
) ,....--
l_- ......-/~--_"1=--. ! ~--
Calvin F. Tom, Chairman of the
Cardiff-By-The-Sea Community Advisory
Board
ATTEST: /~"
-"'\
( ,Z ()tc, L:.. . c: --~.r'--'
Craig R. Olson, Assistant Planner
ATTACHMENT "A"
CARDIFF-BY-THE-SEA COMMUNITY ADVISORY BOARD
RESOLUTION NO. C-91-27
CASE NO. 91-117 TPM
Findings
pursuant
to
section
24.40.100
of
the
City
of
Encinitas Subdivision Ordinance:
1.
All provisions of this Chapter are met.
Evidence: Chapter 24.40 contains development standards
applicable only to conversion to condominiums or stock
cooperatives.
Subj ect to the conditions of approval
contained in the attached resolution,
those standards
will be complied with.
2.
The proposed conversion is consistent with the objectives and
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.
since
the duplex is occupied by the property owner (applicant)
and a tenant who has submitted a certification that they
do not qualify as a low or moderate income family, the
conversion of the existing rental unit will not deplete
the inventory of affordable housing stock.
In addition,
the current tenant has provided the city with evidence
that their family does not qualify as a low to very low
income family.
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: The project has been conditioned to require
compliance with section 30.16. 010D of the zoning Code and
section 24.40.060 of the City's Subdivision Ordinance
which
relate
specifically
to
condominium
conversion
projects.
The existing structure is found to be a legal
non-conforming structure in that it may not comply to
certain
current
zoning
code
standards
(ie:
standard
height limitations),
but did comply to zoning standards
at the time it was constructed.
In addition, conditions
of approval for the Tentative Map require that structural
and pest control improvements be made prior to Final Map
approval to insure the structure is safely habitable.
4.
The overall design and physical condition of the conversion
achieves a high degree of appearance, quality and safety.
Evidence:
The
conditions
of
approval
of
the
Tentative Map requires improvements to be made in
conformance with the structural and pest control
reports submitted to the city.
said improvements
will insure the structure to be safely habitable
prior to Final Map approval.
Improvements to the
shade structure on the deck above the garage for
the northerly unit can be made as a condition of
approval of the Tentative Map to achieve a higher
degree of appearance as determined by the Board.
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
applicant
has
submitted
a
certification from the tenant indicating they do
not qualify as a low to very low income family.
In
addition,
should the conversion be approved the
existing
tenant
is
proposing
to
purchase
the
currently rented unit.