1992-10
RESOLUTION NO. C-92-10
A RESOLUTION OF THE CARDIFF-BY-THE-SEA
COMMUNITY ADVISORY BOARD APPROVING A TENTATIVE PARCEL MAP
FOR CONVERSION OF TWO EXISTING RESIDENTIAL UNITS
AND TWO EXISTING COMMERCIAL UNITS
INTO A ONE LOT CONDOMINIUM FORM OF OWNERSHIP
FOR PROPERTY DESCRIBED AS LOTS 4,5,6 AND 7
IN BLOCK 67 OF CARDIFF VILLA TRACT
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA
ACCORDING TO MAP THEREOF NO. 1469, FILED
AUGUST 10,1912, AND HORE COMPLETELY DESCRIBED
IN ATTACHMENT "C" OF THIS RESOLUTION AND
MORE COMMONLY KNOWN AS
224 BIRMINGHAM DRIVE
(CASE NO. 92-073 TPM)
WHEREAS, a request for consideration of Tentative Parcel Map
92-073 was filed by Jerry Peters for conversion of a two existing
residential units and two existing commercial units into a one lot
condominium form of ownership for the property located at 224
Birmingham Drive, legally described as;
Lots 4,5,6 and 7 In Block 67 of Cardiff Villa Tract, County of
San Diego, State of California, according to Map thereof no.
1469, filed August 10, 1912, and more completely described in
Attachment "C" of this resolution.
WHEREAS, a public hearing was conducted on the application by
the Cardiff-By-The-Sea Community Advisory Board on June 22, 1992,
and;
WHEREAS, the Community Advisory Board considered:
1.
2.
The staff report dated June 16, 1992;
The Tentative Parcel Map submitted by the applicant and
dated received by the City on May 21, 1992;
Oral evidence submitted at the hearing;
Written evidence submitted at the hearing; and
3.
4.
WHEREAS, the Cardiff-by-the-Sea Community Advisory Board made
the following findings pursuant to Section 24.40.100 of the City of
Encinitas Subdivision Ordinance:
(see Attachment II A II )
NOW THEREFORE, BE IT RESOLVED that Tentative Parcel Map 92-073
TPM is hereby approved in accordance with Chapter 24.40 of the city
of Encinitas Subdivision Ordinance subject to the following
conditions:
(see Attachment "B")
PASSED AND ADOPTED this 22nd day of June, 1992, by the
following vote, to wit:
AYES:
Crimmins, Grossman, Hall, Mac Fall, Fullwood
NAYS:
None
ABSENT:
None
ABSTAIN:
None
ß~4~
Bruce Hall
Cardiff-By-The-Sea
Community Advisory Board
ATTEST:
~. -;;7 - ~
,;~- / ~-~
Tom currbaen, Associate Planner
JK/92073TPM.RES (8-20-91)
ATTACHMENT "A"
FINDINGS FOR TENTATIVE PARCEL MAP FOR
CONDOMINIUM CONVERSION
Resolution No. C-92-10
CASE NO. 92-073 TPM
Applicant:
Case No:
Subject:
existing
building
Jerry Peters
92-073 TPM
Tentative Parcel Map for condominium conversion
office units and two existing residential units
in the Office Professional Zone.
of two
for a
Findings pursuant to Section 24.40.100 of the City of Encinitas
Subdivision Ordinance:
1.
All provisions of Chapter 24.40 are met.
Facts: 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.
Conclusion: The Board finds that all applicable standards
will be satisfied with the conversion proposal.
2.
The proposed conversion is not inconsistent with any
objectives or policies in the city General Plan specifically
directed to the conversion.
Facts: Housing Element Policy 1.5 discourages the conversion
of existing rental housing to prevent a diminishing inventory
of affordable rental stock. The applicant has submitted
information verifying that the current occupants of the two
subject residential units do not qualify at low or moderate
income level. No other General Plan Goals or policies have
been identified with which this conversion would be
inconsistent.
Conclusion: The Community Advisory Board finds that the
tenants of the subject unit do not qualify in a low or
moderate income category. Therefore, the application for
conversion is consistent with General Plan policy.
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.
Facts: Section 30.16.010D of the Zoning Code has specific
provisions which condominium conversions are required to meet.
All provisions of this Section have either been or will be
JK/92073TPM.RES (8-20-91)
met, or have been waived by the Community Advisory Board.
Conclusion: The project is found by the Board to be in
compliance with Section 30.16.101D of the City's Zoning Code
which relates specifically to condominium conversion proj ects.
The existing structure is found to comply with development
standards as far as practicable given that the building was
approved under different zoning criteria, and since the
project site is existing legal nonconforming.
4.
The overall design and physical condition of the conversion
achieves a high degree of appearance, quality and safety.
Conclusion: The Board finds that since the structures were
constructed in accordance with current building, fire,
electrical and plumbing codes, the physical condition will
provide adequate quality and safety. Additionally, the Board
finds that the subject building is maintained in a very good
state of appearance and repair.
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.
Conclusion: The Board finds that the evidence submitted
indicates that neither of the residential units are occupied
by persons of low or moderate incomes.
JK/92073TPM.RES (8-20-91)
ATTACHMENT nBn
CONDITIONS OF APPROVAL
Resolution No. C-92-10
Case No. 92-073 TPM
Applicant: Jerry Peters
Case No: 92-073 TPM
Subject: Tentative Parcel Map for condominium conversion
existing office units and two existing residential units
building in the Office Professional Zone.
Location: Birmingham Dr.
1.
E.
F.
G.
of two
for a
GENERAL CONDITIONS
A.
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.
B.
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.
C.
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.
D.
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.
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.
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.
Impact fees may include School Fees, Water and Sewer
Service Fees, Traffic Fees, Drainage Fees and Park and
Recreation Fees.
Pursuant to City of Encinitas Subdivision Ordinance
24.50.130, unless an extension is granted, the Final
Parcel Map must be recorded in substantial conformance to
this Tentative Parcel Map within 24 months of the date of
JK/92073TPM.RES (8-20-91)
2.
G.
H.
approval (5:00 p.m., June 22, 1994), or this approval
will no longer be valid.
SPECIFIC CONDITIONS:
A.
Prior to recordation of final map, the trash-bin located
on the north-east corner of the subject building shall be
provided with a screening fence, to be posted with a sign
prohibiting parking in conflict with trash pick-up hours.
APPLICANT SHALL CONTACT THE FIRE DISTRICT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
B.
Address numbers shall be clearly visible from the street
fronting the structure. Height of numbers shall conform
to Fire District Standards. Where structures are located
off a roadway on long driveways, a monument marker shall
be placed at the entrance where the driveway intersects
the main roadway. Permanent numbers shall be affixed to
this marker.
c.
Prior to final recordation or development approval, the
applicant shall submit to the Planning Department 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 Fire
District.
APPLICANT SHALL CONTACT THE CITY ENGINEERING DEPARTMENT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
Drainaqe
D.
Concentrated flows across driveways and/or sidewalks
shall not be permitted.
E.
Reciprocal access and/or maintenance agreements shall be
provided ensuring access to all units over private roads,
drives or parking areas and maintenance thereof to
the satisfaction of the Director of Public Works.
F.
Each dwelling unit shall be separately metered for gas
and electricity. Separate water meters or a plan for
equitable sharing of communal water metering shall be
developed prior to final map approval and included in the
Covenants, Conditions and Restrictions.
The developer shall comply with all the rules,
regulations and design requirements of the respective
utility agencies regarding services to the project.
JK/92073TPM.RES (8-20-91)
Each unit shall have at least 200 cubic feet of enclosed
M.
weather-proofed and lockable private storage space in
addition to closets customarily provided. Such space may
be provided in any location to the satisfaction of the
Director of the of Planning and Community Development.
I.
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. In such cases
where the subdivider can demonstrate that this standard
cannot or should not reasonably be met, this standard may
be modified by the authorized agency.
All landscaping shall be maintained to achieve a high
degree of appearance and quality.
J.
K.
The developer shall provide written certification to the
buyer of each unit at the close of escrow that any
dishwash~rs, garbage disposals, stoves, refrigerators,
hot water tanks, and air conditioners that are provided
are in operable working condition as of the close of
escrow.
L.
Address numbers shall be clearly visible from the street
fronting the structure. The height of numbers shall
conform to Fire District standards.
The Board waives Sections 30.16.010 D 7 & 8 of the
Municipal Code since it is determined that the
application of said conditions is inappropriate for a two
unit development.
JK/92073TPM.RES (8-20-91)
JK/92073TPM.RES (8-20-91)
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ATTACHMENT "C"
LEGAL DESCRIPTION
RESOLUTION NO. C-92-10
CASE NO. 92-073 TPM
Lots 4,5,6, and 7 in Block 67 of Cardiff Villa Tract, County
of San Diego, State of California, according to the Map
thereof No. 1469, filed in August 10,1912, together with that
portion of Rossini Dr. east adj oining said lot 7 on the
northwest as closed by resolution of the Board of Supervisors
of San Diego County, described as a whole as follows:
Beginning at the most southerly corner of said Lot 7: thence
northeasterly along the southeasterly line of said Lots 7, 6,
5 and 4 to the most easterly corner of said Lot 4; thence
northwesterly along the northwesterly line of said Lot 4 to
the most northerly corner thereof: thence southwesterly along
the northwesterly line of said Lots 4, 5, 6 and 7 and
southwesterly prolongation thereof to an intersection with the
northwesterly prolongation of the southwesterly line of said
Lot 7: thence southeasterly along said prolongation and along
the southwesterly line of said Lot 7 to the point of
Beginning.
JK/92073TPM.RES (8-20-91)
9