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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.