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1989-19 . . . RESOLUTION OE 89- 1<1 A RESOLUTION OF THE PLANNING COMMISSION CITY OF ENCINITASI APPROVING A TENTATIVE MAP TO ALLOW CONVERSION OF AN EXISTING THREE UNIT RESIDENTIAL COMPLEX TO A CONDOMINIUM FORM OF OWNERSHIP LOCATED AT 132-136 FIFTH STREET IN OLD ENCINITAS (CASE NUMBER 89-169TPM) WHEREAS, a request for consideration of a Tentative Map was filed by Mssrs. Thompson, McClellan and Andrew to allow conversion of an existing three unit residential complex to a condominium form of ownership located at 120-130 Fifth Street in Old Encinitas as per Chapter 24.40 of the City of Encinitas Municipal/Zoning Codes, legally described as; Lot 11, and portions of Lots 6, 5, and 12 in Block 46 of pitcher's Subdivision of Encinitas, in the City of Encinitas, in the county of San Diego, State of California, according to the map thereof No. 1987 filed in the Office of the County Recorder of said county, April 4, 1887, together with tat portion of the westerly 40.00 feet of Fifth Street adjoining said lots on the east and all of that portion of the alley between said lots as said street and alley were vacated and closed to public use on December 4, 1913 by order of the Board of Supervisors of said Court. WHEREAS, a public hearing was conducted on the application on September 281 1989 by the Old Encinitas Community Advisory Board; WHEREAS, the Community Advisory considered: 1. The staff report dated September 21, 1989; 2. The application and maps submitted by the applicant; 3. Oral evidence submitted at the hearing; 4. Written evidence submitted at the hearing; and WHEREAS I the Planning Commission made the following findings pursuant to Chapter 24.40 of the Encinitas Municipal Code: SEE ATTACHMENT "A" TC/04/CMll-1800WP58(9-22-89-1) . . . NOW, THEREFORE, BE IT RESOLVED by the Old Encinitas Community Advisory Board of the City of Encinitas that Tentative Map 89-169 TPM is hereby approved subject to the following conditions: SEE ATTACHMENT "B" 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); PASSED AND ADOPTED this 28th day of September, by the 1989, following vote, to wit: AYES: Birnbaum, Kauflin, Rotsheck, Steyaert, Tobias NAYS: None ABSENT: None ABSTAIN: None /6 ¿~ . íìeE;t;, Peter Tobias, Chairman of the Old Encinitas community Advisory Board ATTEST: ~~~.~ Tom Curriden Associate Planner TCj04jCM11-1800WP59(9-22-89-1) . . . (E) RESOLUTION NO. OE 89- ATTACHMENT "A" Findings for Conversion of Residential Property (Chapter 24.40 of the Encinitas Municipal Code) Case No. 89-169 TPM Findings: In order to warrant approval, the following findings must be made by the authorized agency pursuant to Section 24.40.100 of the City of Encinitas Subdivision Ordinance and section 30.16-D of the Zoning 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. Subj ect to the conditions of approval contained in the attached resolution, those standards will be complied with (See specific conditions E through K) . 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: staff has identified no policies of the General Plan with which this conversion would be inconsistent. 3. The proposed conversion is required to conform to the Municipal Code in effect at the time of Tentative Map approval except as otherwise provided in this Chapter. Evidence to Consider: 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. section 24.40.040 (B) of the City of Encinitas Subdivision Ordinance provides that legally nonconforming aspects of the property or improvements may be maintained provided that those nonconforming improvements on the structure to be converted are not expanded. Staff has not identified any nonconforming characteristics of the structures which would be expanded in any way by the proposed conversion to a condominium form of ownership. The proposed conversion is in conformance with current Municipal Code regulations. Subject to the conditions of approval contained in the resolution, those standards will be complied with. TCj04jCMll-1800WP510(9-22-89-1) . . . 4. The overall design and physical condition of the conversion achieves a high degree of appearance, quality and safety. Evidence to consider: The subj ect structures were extensively remodeled approximately five years ago. The attached physical inspection report found the structures to be in good overall condition, however several corrective measures were suggested including incorporating some form of drainage in the south yard area. Several recommendations were also made in the attached pest control report to treat the structures for structural pest damage. A certification that those measures have been completed will be required prior to Final Map recordation. 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: The applicant has provided staff with letters indicating that sections 66452.8 and 66452.9 of the State Map Act have been complied with regarding tenant notification. The units are presently vacant and have not recently been occupied by low or moderate income families or tenants. TC/04/CMll-1800WP511(9-22-89-1) . . . Applicant: Case No.: subject: Location: RESOLUTION OE 89- STANDARD CONDITIONS ATTACHMENT "B" McClellan, Thompson, Andrew 89-169 TPM Conversion of existing tri-plex to condominium form of ownership 120-130 Fifth street I. SPECIFIC CONDITIONS: 1. 2. 3. 4. The owner shall execute and record easements with corrected legal descriptions to allow ingress and egress with the property to the north from Fifth street, as well as mutual ingress and egress over the existing beach access stairway to the satisfaction of the Community Development Department prior to recordation of the Final Map. The applicant shall obtain from the property owner of the site adjacent to the north a covenant satisfactory to the Communi ty Development Department permitting a second story encroachment of a portion of the west structure prior to recordation of the final map. The owner shall provide satisfactory evidence of compliance with recommended measures contained in the physical inspection report from April 15, 1988, to include the following: Installation of a drainage system in the south yard area to conduct runoff away from the building and bluff area to the street. The applicant shall provide the Community Development Department with a certification that the pest control measures recommended in the structural pest report from Antimite, Inc. dated April 131 1989 have been performed prior to final map recordation. II. STANDARD CONDITIONS: 1. GENERAL CONDITIONS A. This approval will expire in two years, on September 281 1991, at 5:00 p.m. unless the conditions have been met or an extension has been approved by the Authorized Agency. TCj04jCM11-1800WP512(9-22-89-1) . . . B. This approval may be appealed to the authorized agency within 15 calendar days from the date of this approval. C. In the event that any of the conditions of this permit are not satisfied, the Planning and Community Development Department shall cause a noticed hearing to be set before the authorized agency to determine why the city of Encinitas should not revoke this permit. D. permi ts from other agencies will be required as follows: Coastal Commission E. Fire Prevention. 1. Smoke Detectors. 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 extinguishers and other fire protective appliances shall be retained in an operable condition at all times. F. Sound Transmission. 1. Shock Mounting of Mechanical Equipment. All permanent mechanical equipment such as motors, compressors, pumps, and compactors which is determined by the Department of Planning and Community Development to be a source of structural vibration or structure-borne noise shall be shock mounted with inertia blocks or bases and/or vibration isolators in a manner approved by the Department of Planning and Community Development. 2. Noise Standards. The structure shall conform to all interior and exterior sound transmission standards of the Uniform Building Code. TC/04/CMll-1800WP513(9-22-89-1) . . . G. utility Metering. Each dwelling unit shall be separately metered for gas and electricity. A plan for equitable sharing of communal water metering shall be developed prior to final map approval and included in the covenants I conditions and restrictions. H. Private storage Space. Each unit shall have at least 250 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 of Planning and Community Development, but shall not be divided into two or more locations. 1. Laundry Facilities. 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. J. Landscape Maintenance. All landscaping shall be restored as necessary and maintained to achieve a high degree of appearance and quality. K. Condition of Equipment and Appliances. The developer shall provide written certification to the buyer of each unit at the close of escrow that any dishwashers, garbage disposals, stovesl refrigerators, hot water tanks, and air conditioners that are provided are in operable working condition as of the close of escrow. At such time as the homeowners' association takes over management of the development, the developer shall provide written certification to the association that any pool and pool equipment (filter, pumps, chlorinator) and any appliances and mechanical equipment to be owned in common by the association is in operable working condition. APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 2. SITE DEVELOPMENT L. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval contained herein shall be completed to the satisfaction of the Director of Planning and community Development. TCj04jCMll-1800WP514(9-22-89-1) . . . M. N. For residential dwelling unit (s), the applicant shall pay development fees at the established rate. Such fees may include, but not be limited to: Permit and Plan Checking Fees, School Fees, Water and Sewer Service Fees, Traffic Feesl Drainage Fees, and Park Fees. Arrangements to pay these fees shall be paid prior to: a. Final map approval. as deemed necessary by the appropriate agency. Owner (s) shall enter into and record a covenant satisfactory to the City Attorney waiving any claims of liability against the city and agreeing to indemnify and hold harmless the City and City's employees relative to the approved project. APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 3. FIRE O. Prior to final recordation I 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. APPLICANT SHALL CONTACT THE PUBLIC WORKS COMPLIANCE WITH THE FOLLOWING CONDITIONS: DEPARTMENT REGARDING 4. P. DRAINAGE CONDITIONS: Q. 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 landsl shall be required. Said drainage system shall include any easements and structures as required by the City Engineer to properly handle the drainage. The developer shall pay the current local drainage area fee prior to approval of the final map for this project or shall construct drainage systems in conformance with the Master Drainage Plan and City of Encini tas Standards as required by the City Engineer. TC/04/CMll-1800WP515(9-22-89-1) . . . 5. STREET CONDITIONS R. S. T. U. V. W. 6. Fifth Street shall be dedicated by the developer along the subdivision frontage based on a centerline to right-of-way width of 60 feet and in conformance with city of Encinitas Standards. An Irrevocable Offer of Dedication (I.O.D.) shall be made for 10 feet along Fifth Street adjacent to the property for public right-of-way purposes. 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. 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. The developer shall enter into lien contract for the future improvement of half street width of Fifth Street along the SUBDIVISION frontage prior to APPROVAL OF THE FINAL MAP for this project. The applicant shall apply for and obtain an encroachment permit for the portion of the existing structure within Fifth street prior to final map recordation. UTILITIES x. The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. Y. The subdivider shall provide separate sewer, water, gasl and electric services with meters to each of the units. z. The developer shall be responsible for coordination with S.D.G. & E., Pacific Telephone, and Cable TV authorities. AA. All proposed utilities within the project shall be installed underground including existing utilities unless exempt by the Municipal Code. BB. The developer shall be responsible for the relocation and undergrounding of existing public utilitiesl as required. TCj04jCM11-1800WP516(9-22-89-1)