1989-19
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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)
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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)
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(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)
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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)
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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)
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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)
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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)
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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)
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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)