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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) 8 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