1989-15
RESOLUTION NO. OE89-12--
A RESOLUTION OF THE OLD ENCINITAS COMMUNITY ADVISORY BOARD
CITY OF ENCINITAS, APPROVING A TENTATIVE PARCEL MAP
TO ALLOW A CONVERSION OF TWO EXISTING RESIDENTIAL UNITS
INTO A ONE LOT CONDOMINIUM FORM OF OWNERSHIP
LOCATED AT 1020 AND 1022 DEWITT AVENUE
(CASE NUMBER 89-134 TPM)
WHEREAS, a request for consideration of a Tentative Parcel Map
89-103 was filed by Nancy Callaghan to allow conversion of an
existing duplex into a one lot condominium form of ownership as per
Chapter 24.40 of the City of Encinitas Municipal, for the property
located at 1020 and 1022 Dewitt Avenue, legally described as;
Lot 3, Block "A" of STURGES & RATAN' s SUBDIVISION OF EAST
BLOCK TEN OF ENCINITAS, in the County of San Diego, State of
California, according to Map thereof No. 33, filed in the
Office of the County Recorder of San Diego County, March 19,
1887, together with the westerly 10 feet of Dewitt Avenue
lying adjacent to said Lot 3 on the east as closed and vacated
to public use by the County of San Diego by Resolution
recorded September 15,1949 in Book 3319, Page 345 of Official
Records.
WHEREAS, a public hearing was conducted on the application on
August 17, 1989; and
WHEREAS, the Community Advisory Board considered:
1.
The staff report dated August 2, 1989;
2.
The application and maps submitted by the applicant;
3.
Oral evidence submitted at the hearing; and
4.
written evidence submitted at the hearing.
WHEREAS, the Old Encinitas Community Advisory Board made the
following findings pursuant to section 24.40.100 of the City of
Encinitas Subdivision Ordinance.
SEE ATTACHMENT IIAII
MBj07jCAB16-1418wp56(8-8-89)
NOW, THEREFORE, BE IT RESOLVED by the Old Encinitas community
Advisory Board of the city
of Encinitas that Tentative Parcel Map
89-103 is hereby approved in accordance with Chapter 24.40 of the
City of Encinitas Subdivision Ordinance subject to the following
conditions:
1.
2.
Prior to recordation of a Final Map, the applicant shall
submit satisfactory evidence to the community Development
Department that the provision of the State Map Act
relating to notification of tenants that a conversion
condominium has been applied for (section 66452.8,.9 et.
al.) have been complied with if occupancy of anyone or
more of the dwelling units has been allowed.
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.
3.
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.
4.
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.
5.
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.
6.
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.
7.
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.
8.
Pursuant to City of Encini tas 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.,
August 17, 1991), or this approval will no longer be
valid.
MB/07/CAB16-1418wp57(8-8-89)
9.
10.
11.
12.
13.
14.
15.
16.
17.
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.
Dewitt shall be dedicated by the developer along the
subdivision frontage based on a center line to right-of-
way width of 30 feet and in conformance with city of
Encinitas Standards.
Developer 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.
The developer shall comply with all the rules,
regulations and design requirements of the respective
sewer and water agencies regarding services to the
project.
The Subdivider shall provide separate sewer, water, gas,
and electric services with meters to each of the units.
The developer shall be responsible for coordination with
S.D.G. & E., Pacific Telephone, and Cable TV authorities.
All proposed utilities within the project shall be
installed underground including existing utilities unless
exempt by the Municipal Code.
The developer shall be responsible for the relocation and
undergrounding of existing public utilities, as required.
The owner(s) shall complete all corrections for
structural improvements and pest control as specified in
the reports prepared by California Home Inspections Inc. ,
and Terminex International Co.
BE IT FURTHER RESOLVED by the Old Encinitas Community Advisory
Board of the city of Encinitas that:
(1)
This project was found to be exempt from environmental review,
section 15301(k) of CEQA.
MB/07/CAB16-1418wp58(8-8-89)
PASSED AND ADOPTED this 17th day of August,
1989,
by the
following vote, to wit:
AYES: Tobias, Rotsheck, Steyaert, Birnbaum
NAYS: None
ABSENT: Kauflin
ABSTAIN: None
Peter Tobias, Chairman
of the Old Encinitas
Communi ty Advisory Board
ATTEST:
/~~ ~.~
Tom Curriden, Associate Planner
MB/07/CAB16-1418wpS9(8-8-89)
ATTACHMENT "A"
OLD ENCINITAS COMMUNITY ADVISORY BOARD
RESOLUTION NO. ..::£ -15'
CASE NO. 89-134 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 to Consider: 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 to Consider: The existing structure satisfies all
applicable standards and requirements for the conversion of
residential property.
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.
section 30.16-D of the Zoning Code has specific provisions
which condominium conversions are required to meet (see
Attachment A). All provisions of this section have either
been met or have been determined to be non-applicable, with
exception to Item A which the Community Advisory Board may
waive.
Evidence to Consider: The proposed conversion is in
conformance with current Municipal Code regulations. subject
to the conditions with approval contained in the resolution,
those standards will be complied with. Item A below may be
waived by the Community Advisory Board if deemed appropriate.
A.
The following recreation facilities shall be provided
unless waived durinq the Desiqn Review process:
a.
b.
Children's play area
Swimming pool
Family picnic area
c.
Staff recommends the waiver of Item A because these
requirements are substantially met with the existing yard
area of approximately 2,000 square feet.
MB/07/CAB16-1418wpS10(8-8-89)
4.
The overall design and physical condition of the conversion
achieves a high degree of appearance, quality and safety.
Evidence to consider: Subject to the condition stated in the
Resolution that the owner perform the suggested structural
improvements outlined in the physical inspection report and
the pest control report, it can be found that the structures
achieve an acceptable degree of appearance, 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 to Consider:
occupied.
The property is currently owner/tenant
MB/07/CAB16-1418wp511(8-8-89)