1991-28
RESOLUTION NO. C-91-28
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
FOR PROPERTY LOCATED AT 2006 AND 2008 OXFORD AVENUE
(CASE NO. 91-170 TPM)
WHEREAS, a request for consideration of Tentative Parcel Map
91-170 was filed by Ronald and Jeanine Frank, Harold Grossman, and
Conway and Associates for the conversion of a duplex into a one lot
condominium form of ownership for property located at 2006 and 2008
Oxford Avenue, legally described as;
Lots 1 and 2 in Block 37 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,
a public hearing was
conducted to
cons ider the
application on November 25, 1991, and;
WHEREAS, the Community Advisory Board considered:
1.
The staff report dated November 20, 1991;
2.
The Tentative Parcel Map submitted by the applicant and
dated received by the city on October 2, 1991 and the
structural condition and pest inspection reports received
by the city on October 2, 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 91-170
of
TPM is hereby approved in accordance with Chapter 24.40 of the City
Encinitas
conditions:
5.
6.
7.
Subdivision
Ordinance
subject
to
the
following
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.
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.
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, Housing In-
Lieu Fees and Park and Recreation Fees.
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.,
November 25, 1993) or this approval will no longer be
valid; unless an extension of time has been approved in
accordance with
Municipal Code.
provisions
the
established
by
the
8.
APPLICANT SHALL CONTACT THE CITY ENGINEERING DEPARTMENT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
(a) All City Codes, regulations, and policies in effect
at the time of Final Map submittal shall apply.
street Conditions:
(b) 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
improvements to City Standards to the satisfaction of the
City Engineer:
Curb return, curb and gutter and AC pavement
along the frontage of Oxford Avenue, to City
Standards for a Special Case Local 40 feet of
right-of-way street. Alley improvements along
the alley adjacent the development to conform
to City Standard for alley pavement.
(c) The owner(s) 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 CERTIFICATION 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.
(d) FIVE (5) feet shall be dedicated by the owner(s)
along the subdivision frontage based on a center line to
right-of-way width of 60 feet and in conformance with
ci ty of Encini tas Standards for Birmingham Drive. A
spandrel of 15 feet radius shall be dedicated at the
corner of Birmingham and Oxford.
(e) Prior to any work being performed in the public
right-of-way, a right-of-way construction permit shall be
obtained from the Public Works office and appropriate
fees paid, in addition to any other permits required.
(f) 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.
10.
11.
12.
13.
utilities:
(g) The developer shall comply with all the rules,
regulations and design requirements of the respective
utility agencies regarding services to the project.
(h) The developer shall be responsible for coordination
with S.D.G.&E., Pacific Telephone and all other
applicable utility authorities.
(i) All proposed utilities within the project shall be
installed underground including existing utilities unless
exempt by the Municipal Code.
(j) The developer shall be responsible for the
relocation and undergrounding of existing public
utilities, as required.
9.
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 (CC&R's) for the
condominium ownership. Said CC&R's shall be submitted
for city review prior to Final Map approval.
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 approved by the Planning and
Community Development 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. 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,
15.
hot water tanks, and air conditioners that are provided
are in operable working condition as of the close of
escrow.
14.
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 W. Ray Neal and dated September 3,
1991, and the recommended improvements identified in the
Pest Inspection Report conducted by willis Exterminators
and dated August 30,1991 have been completed prior to
Final Map approval. Said improvements include:
(a) The wasteline for the washer stand pipe in the
garage for the lower unit be extended to the inside of
the firewall and be sealed.
(b) The wiring for the lights in the garage for the
upper unit is run in open conductors and it is
recommended that this condition be corrected.
(c) The top burner for the ovens in the kitchens of
the upper and lower units did not heat and it is
recommended that this condition be corrected.
(d) The smoke detector in the lower unit was not
working and this condition is recommended to be
corrected.
(e) The upper unit sliding screen door requires new
screening, the front door requires weatherstripping, and
the smoke detector needs to be made operational.
(f) The commode it the lower unit master bathroom
needs to be securely anchored to the floor. The window
in the hall bathroom needs to be repaired to stay open
without being propped open.
(g) The sink basin in the upper unit master
bathroom is cracked and needs to be repaired or replaced.
(h) Isolate earth-wood contact as needed for those
substructure areas indicated on the inspection report.
(i) Cover and fumigate
elimination of drywood termites.
structure
for
the
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.
BE IT FURTHER RESOLVED by the Cardiff-by-the-Sea Community
Advisory Board of the City of Encinitas that:
This project is found to be exempt from Environmental Review
per Section 15303 (b) of CEQA.
PASSED AND ADOPTED this 25th day of November 1991 by the
following vote, to wit:
AYES:
Tom, Hall, Anderson
NAYS:
None
ABSENT:
Cruz
ABSTAIN:
Grossman (disqualified)
(~~'-).~~,/
-~. ~ -c=:=~-~
Calvin F. Tom, Chairman of the
Cardiff-By-The-Sea Community
Advisory Board
A T7? : () ('-¡
( ...r'1l~ (L... ? . t.-\,~..--.,..
Craig R. Olson, Assistant Planner
ATTACHMENT "A"
CARDIFF-BY-THE-SEA COMMUNITY ADVISORY BOARD
RESOLUTION NO. C-91-28
CASE NO. 91-170 TPM
Findings pursuant to Section 24.40.100 of the City of Encinitas
Subdivision Ordinance:
1.
All provisions of this Chapter are met.
Evidence: The Cardiff-by-the-Sea Community Advisory Board
finds that 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:
The 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 occupied by tenants
who
have
submitted
certifications
that
they
do
not
qualify
as
low
or
moderate
income
families,
the
conversion of the existing rental units to condominium
ownership will not deplete the inventory of affordable
housing stock.
In addition, Housing Element Policy 1.2
encourages the City lito 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
Board
finds
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
General
Plan
Policies
or
Zoning
Code
standards
(ie:
density
or
standard height limitations),
but did comply to General
Plan and 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 Board finds 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.
5.
The
conversion
would
displace
not
predominantly
low
and
moderate income families or tenants without adequate provision
for suitable relocation of such families or tenants.
Evidence:
The
finds
Board
that
applicant
the
has
submitted certifications from the tenants indicating they
do not qualify as moderate to low income families.