1989-27
RESOLUTION OE 89- 27
A RESOLUTION OF THE OLD ENCINITAS COMMUNITY ADVISORY BOARD
CITY OF ENCINITAS, APPROVING A TENTATIVE MAP TO ALLOW
CONVERSION OF AN EXISTING TWO UNIT RESIDENTIAL COMPLEX TO A
CONDOMINIUM FORM OF OWNERSHIP LOCATED AT
836-838 CORNISH FIFTH STREET IN OLD ENCINITAS
(CASE NUMBER 89-225TPM)
WHEREAS, a request for consideration of a Tentative Map was
filed by Marlyn Wiegand and Norman Kraus to allow
conversion of
an existing two unit residential complex to a condominium form of
ownership located at 836-838 Cornish in Old Encinitas as per
Chapter 24.40 of the City of Encinitas Municipal/Zoning Codes,
legally described as;
LOT 4 AND 5, BLOCK B, STURGES AND RATTON'S SUBDIVISION OF EAST
BLOCK 8, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO MAP THEREOF NO. 33, FILED IN THE OFFICE OF THE RECORDER OF
SAID SAN DIEGO COUNTY, MARCH 19, 1987.
EXCEPTING FROM SAID LOT 4 THE NORTHERLY 5 FEET THEREOF; and
WHEREAS, a public hearing was conducted on the application on
November 16, 1989 by the Old Encinitas Community Advisory Board;
WHEREAS, the Community Advisory Board considered:
1.
The staff report dated November 7, 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,
the Community Advisory Board made the following
findings pursuant to Chapter 24.40 of the Encinitas Municipal Code:
SEE ATTACHMENT "A"
TC/03/CAB18-1572Wp56(11-20-89-2)
NOW, THEREFORE, BE IT RESOLVED by the Old Encinitas Community
Advisory Board of the City of Encinitas that Tentative Map 89-225
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 16th day of November, 1989, by the
following vote, to wit:
AYES: Birnbaum, Rotsheck, Steyaert, Tobias
NAYS: None
ABSENT: Kauflin
ABSTAIN: None
fJ¿6( /1 e-:
Peter Tobias, Chairman
of the Old Encinitas
Community Advisory Board
ATTEST:
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Tom Curnden
Associate Planner
TC/03/CAB18-1572wp57(11-9-89-1)
RESOLUTION NO. OE 89- 27
ATTACHMENT "A"
Findings for Conversion of Residential Property
(Chapter 24.40 of the Encinitas Municipal Code)
Case No. 89-225 TPM
(E)
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: Chapter 24.40 contains development standards
applicable only to conversion to condominiums or stock
cooperati ves. Subj ect to the conditions of approval
contained in the attached resolution, those standards
will be complied with (See standard conditions 1E 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: 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: 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
identified garage doors and supports which have been
built within rear yard setbacks which are not legal at
this time for which the owner must obtain required
permits or abate them prior to Final Map recordation.
There are no other nonconforming aspects of the property
which would be expanded in any way by the conversion, and
staff have identified no other nonconformities for which
it would be reasonable and practical to correct in
TC/03/CAB18-1572wp58(11-9-89-1)
conjunction with this proposal. 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.
4.
The overall design and physical condition of the
conversion achieves a high degree of appearance, quality
and safety.
Evidence: The subj ect structures were extensi vely
remodeled approximately twelve years ago. The attached
physical inspection report found the structures to be in
satisfactory overall condition, however, several
corrective measures were suggested including repair of
leakage occurring behind the tub walls in the unit at 838
Cornish and repair of the damaged wall and/or framing
adjacent thereto, and installation of gutters and
downspouts to assure proper drainage.
The attached structural pest control report revealed
evidence of damage from drywood termites as well as other
forms of pest damage, and recommends fumigation of the
structure along with other treatments.
Based upon completion of these measures as required by
this resolution, it is the opinion of staff that the
units can be found in good overall condition an that
units will maintain a high 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: The units are at present owner occupied. The
last tenant, based upon information provided by the
owners, left approximately seven months ago. Thus, the
conversion would not displace low or moderate income
families.
TC/03/CAB18-1572wP59(11-20-89-2)
Applicant:
Case No.:
Subject:
Location:
I.
RESOLUTION OE 89- 27
STANDARD CONDITIONS
ATTACHMENT "B"
Wiegand, Kraus
89-225 TPM
Conversion of existing duplex to condominium form of
ownership
836-838 Cornish
SPECIFIC CONDITIONS:
1.
Prior to the effective date of this permit the applicants
shall execute a covenant agreeing to obtain a variance
for all illegal structures, including but not limited to
the garage doors and supporting structures within the
rear yard setback, or remove those structures prior to
recordation of Final Map.
2.
3.
II.
The owners shall provide satisfactory evidence of
compliance with recommended measures contained in the
physical inspection report from April 15, 1988, to
include the following repair of leakage and damaged walls
in the tub area and installation of gutters and
downspouts to assure proper drainage.
The owners shall provide the Community Development
Department with a certification that the pest control
measures recommended in the structural pest report from
Terminix, Inc. dated August 15, 1989 have been performed
prior to final map recordation.
STANDARD CONDITIONS:
1.
GENERAL CONDITIONS
A.
This approval will expire in two years, on November
16, 1991, at 5:00 p.m. unless the conditions have
been met or an extension has been approved by the
Authorized Agency.
B.
This approval may be appealed to the authorized
agency within 15 calendar days from the date of this
approval.
TC/03/CAB18-1572wp510(11-20-89-2)
F.
G.
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.
Permits 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
f ire hydrants, fire alarm systems, portable
fire extinguishers and other fire protective
appliances shall be retained in an operable
condition at all times.
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.
Noise Standards. The structure shall conform
to all interior and exterior sound transmission
standards of the Uniform Building Code.
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
2.
TC/03/CAB18-1572wp511(11-20-89-2)
included in
restrictions.
the
covenants,
conditions
and
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.
I.
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, stoves,
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.
M.
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.
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 Fees, Drainage Fees,
TC/03/CAB18-1572WP512(11-20-89-2)
and Park Fees. Arrangements to pay these fees shall
be paid prior to:
a.
Final map approval.
as deemed necessary by the appropriate agency.
N.
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, 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 DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
4.
5.
DRAINAGE CONDITIONS:
P.
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.
Q.
STREET CONDITIONS
R.
The developer 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
CERTIFICATE 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.
An Irrevocable Offer of Dedication (I.O.D.) shall
be made for 10 feet along Cornish Drive adjacent to
the property for public right-of-way purposes.
TC/03/CAB18-1572wp513(11-20-89-2)
6.
U.
V.
w.
S.
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.
UTILITIES
T.
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 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.
TCj03jCAB18-1572wp514(11-20-89-2)