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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: ----------=' /~.. ~ ,~- ,// ~---- // ~--~ /~- 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)