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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.