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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)