2005-030City of Encinitas
PLANNING AND BUILDING DEPARTMENT
505 So. Vulcan Ave.
Encinitas, CA 92024
(760) 633-2710
NOTICE OF DECISION
PBD 2005-30
April 18, 2005
This letter is to inform you that the Planning and Building Director has approved your application
for the following:
04-192 TPM/CDP (Elder) - The applicant requests approval of a Tentative Parcel Map
and Coastal Development Permit to allow the conversion of two (2) existing, attached
units to a condominium form of ownership. The project site is located at 435 3`d St., A &
B in the D-R15 (Residential 15) Zone, Downtown Encinitas Specific Plan, and within the
Coastal Zone (APN 258-085-08).
Project Description and Discussion: The proposed project is a request for a parcel map waiver
to convert two existing attached units to condominiums. Pursuant to Section 24.60.050 of the
City of Encinitas Municipal Code, a parcel map waiver may be applied to condominium
conversions when no new units or lots are being created. The existing units are located on one
existing legal lot, and no new lots or units are proposed by this application. The proposed
condominium conversion is subject to the specific physical standards listed in Municipal Code
Section 24.40.060.
The existing units are located in the D-R15 zone with a maximum density of 15.0 dwelling units
per net acre, which allows for single- and multiple-family residences. The subject D-R15 zone
requires a minimum lot area of 5,000 square feet and minimum lot dimensions of 50 feet in width
and 100 feet in depth. The proposed lot dimensions are consistent with required standards and a
duplex is permitted on lots of 5,000 square feet or greater. The project proposes two dwelling units
in compliance with the density requirements of the Municipal Code and General Plan.
Pursuant to Municipal Code Section 24.40.020 (Physical Elements Reports), a General Inspection
Report and Wood Destroying Pests and Organisms Inspection Report were submitted as part of the
application. Additionally, the applicant submitted a Standard Notice of Work Completed and not
Completed that certifies that the property was free of active infestation at the time of inspection.
Prior to recordation of the certificate of compliance, the applicant will be required to complete
minor repair recommendations made in the Pests and Inspection reports. Specifically, all items
noted in the letter dated February 11, 2005 from InspectRite USA to the applicant and all items
noted in the Notice of Work Completed as "recommendations not completed" must be addressed.
This approval requires that the inspection reports be provided to any future purchaser(s), as per the
above noted Code section. The InspectRite report, which was prepared, signed and stamped by a
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licensed, professional engineer, states that the structure would substantially comply with the current
UBC with the completion of the items noted.
Completion of the condominium conversion and tentative parcel map waiver will require the
recordation of a certificate of compliance. An application and the applicable processing fee must be
submitted to the Planning and Building Department. Applications are accepted by appointment
only. Please call (760) 633-2710 to schedule a submittal time.
In lieu of a Citizen Participation Program (CPP) Meeting in accordance with Municipal Code
Chapter 23.06, the applicant mailed out a newsletter on September 17, 2004 to all residents within
100 feet and to all owners within 300 feet of the subject residence. According to the CPP final
report submitted by the applicant, several positive telephone responses and no negative or written
responses were received during the CPP process.
A standard public notification was issued for the Tentative Parcel Map/Parcel Map Waiver and
Coastal Development Permit, which allowed for a 20-day comment period. No phone calls were
received. The proposed project complies with applicable Municipal Code development regulations
and does not propose to expand any nonconforming aspect of the property.
This approval is based on the following findings:
FINDINGS FOR CONVERSION OF RESIDENTIAL PROPERTY
STANDARD: Section 24.40.100 of the Municipal Code provides that the authorized agency
must make the following findings of fact in order to approve the conversion of residential
property to condominiums or stock cooperative:
A. All provisions of Chapter 24.40 of the Municipal Code are met;
B. The proposed conversion is not inconsistent with any objectives or policies in the City
General Plan specifically directed to the conversion;
C. The proposed conversion will conform to the Municipal Code in effect at the time of
tentative map approval except as otherwise provided in Chapter 24.40 of the Municipal
Code;
D. The overall design and physical condition of the conversion achieves a high degree of
appearance, quality and safety; and
E. The conversion would not displace predominantly low- and moderate-income families or
tenants without adequate provision for suitable relocation of such families or tenants.
Facts/Discussion: The existing units are located in the D-R15 zone, which allows for single- and
multiple-family residences with a maximum density of 15.0 dwelling units per acre. The existing
use conforms to the current use restrictions and development standards of the D-R15 zone and
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therefore conforms to the City of Encinitas Municipal Code and General Plan. The project is
exempt from environmental review pursuant to Section 15301(k) of the CEQA Guidelines. No
new construction is proposed. Repairs and upgrades as recommended by the Physical Elements and
Pest Control Reports must be completed as a condition of approval of the conversion. All utilities
and services are in place to serve the development.
Conclusion: Planning and Building Department staff has performed an analysis of the
application in relationship to Municipal Code and General Plan standards applicable to
condominium conversions and finds that all applicable provisions of this Code are met. With the
completion of the repairs and upgrades required as conditions of this approval, the building
would be in good condition and maintain a high degree of appearance, quality and safety. The
conversion is not subject to "replacement" requirements for low and moderate income families or
tenants since the conversion consists of two units.
FINDINGS FOR A PARCEL MAP WAIVER
STANDARD: Section 24.60.050 of the Municipal Code provides that the authorized agency
must make the following finding of fact in order to approve a parcel map waiver:
The proposed subdivision and each of the lots proposed to be created comply with requirements as
to area, on-site improvements, design, access, floodwater drainage control, adequate boundary
monumentation, dedications of right-of-way, payment of development fees, appropriate improved
public streets and other off-site improvements, sanitary disposal facilities, water supply availability,
fire protection facilities, environmental review and protection, grading, and any and all other
requirements of this Title and the State Subdivision Map Act which would be applicable to review
and approval of a tentative parcel map.
Facts/Discussion: The proposed project is a request to convert two existing attached units to
condominiums. The existing units are located on one existing legal lot, and no new lots are
proposed by this application. All necessary on- and off-site improvements are in place. All
utilities and services are in place for the development. The project is exempt from environmental
review pursuant to Section 15301(k) of the CEQA Guidelines.
Conclusion: Planning and Building Department staff has performed an analysis of the application
in relationship to Municipal Code and Subdivision Map Act requirements applicable to the
conversion of residential property and finds that all applicable provisions are met.
FINDINGS FOR A COASTAL DEVELOPMENT PERMIT
STANDARD: Section 30.80.090 of the Municipal Code provides that the authorized agency
must make the following findings of fact, based upon the information presented in the
application and during the Public Hearing, in order to approve a coastal development
permit:
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1. The project is consistent with the certified Local Coastal Program of the City of Encinitas;
and
2. The proposed development conforms with Public Resources Code Section 21000 and
following (CEQA) in that there are no feasible mitigation measures or feasible alternatives
available which would substantially lessen any significant adverse impact that the activity
may have on the environment; and
3. For projects involving development between the sea or other body of water and the nearest
public road, approval shall include a specific finding that such development is in conformity
with the public access and public recreation policies of Section 30200 et. seq. of the Coastal
Act.
Facts/Discussion: The City's General Plan and Municipal Code are applicable components of the
City's Local Coastal Plan. The project consists of the conversion of two existing attached units on
one existing legal lot to a condominium form of ownership. The existing units are located in the D-
R15 zone, which allows for single- and multiple-family residences with a maximum density of 15.0
dwelling units per acre. The existing use conforms to the current use restrictions and development
standards of the D-R15 zone and therefore conforms to the City of Encinitas Municipal Code and
General Plan. No aspect of the project has been identified which could have an adverse impact on
coastal resources or any natural resources.
Conclusion: Since the project complies with all applicable provisions of the City's Municipal
Code, the Planning and Building Department finds that the project is consistent with the certified
Local Coastal Program of the City of Encinitas. Required finding #2 is not applicable since no
significant adverse impact is associated with the project. Finding #3 is also not applicable since the
project does not involve development between the sea or other body of water and the nearest public
road, and therefore, does not impact public access to coastal resources. No aspect of the project has
been identified which could have an adverse impact on coastal resources or, any natural resources.
The approval of this Coastal Development Permit satisfies the requirements of the Encinitas Local
Coastal Program.
Environmental Review: The project is determined to be exempt from environmental review as
per Section 15301(k) of the California Environmental Quality Act Guidelines, which exempts the
division of existing multiple-family and single-family residences into common-interest
ownership.
This approval is subject to the following conditions:
SC1 SPECIFIC CONDITIONS:
SC4 Approval of the Tentative Parcel Map and all associated permits will expire on April 18,
2007 at 5:00 p.m., two years after the approval of this project, unless the conditions have
been met or an extension of time has been approved pursuant to the Municipal Code.
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SC6 This project is conditionally approved as set forth on the application and project drawings
stamped received by the City on March 14, 2005, consisting of a 1-sheet Parcel Map
Waiver Plat designated as approved by the Planning and Building Director on April 18,
2005, and shall not be altered without express authorization by the Planning and Building
Department.
SCA Completion of this tentative parcel map/parcel map waiver and condominium conversion
shall require the recordation of a certificate of compliance. An application and the
applicable processing fee shall be submitted to the Planning and Building Department.
Upon notification of approval, the applicant shall have a site survey completed and have a
record of survey prepared and recorded at the County Recorder's office. Said record of
survey shall conform to the lot lines approved in the parcel map waiver application. The
applicant shall deliver copies of the recorded record of survey plat together with the closure
calculations for the lot. Upon confirmation that these instruments are in substantial
conformance with the parcel map waiver application as approved, the Director shall have
prepared and recorded a certificate of compliance for the parcel map waiver.
SCB The following statement shall appear in the recorded certificate of compliance: "This
project is a common interest subdivision consisting of a two-unit condominium plan
pursuant to Section 1351 of the California Civil Code."
SCC The applicant shall submit to the Planning and Building Department and to any future
buyers a certified statement from a professional engineer that all standards of Chapter 24.40
(Conversion of Residential Property) of the Municipal Code are satisfied.
SCD The provisions of Municipal Code Section 24.60.050 (Parcel Map Waiver) shall be met to
the satisfaction of the Planning and Building Department.
SCE Prior to recordation of the certificate of compliance, the recommended repairs and
maintenance set forth in the General Property Inspection report dated February 11, 2005 by
InspectRite USA and in the Wood Destroying Pests and Organisms Inspection Report dated
May 21, 2004 and Standard Notice of Work Completed and Not Completed dated July 1,
2004 by Kennedy Pest Control, shall be completed and evidence of such completion
submitted to the satisfaction of the Planning and Building Department.
SCF Prior to any purchaser executing any purchase agreement or other contract to purchase a
unit in the project, the subdivider shall provide each purchaser with a copy of all reports (in
their final, accepted form and including any and all subsequent reports, letters, memos, etc.),
and said developer shall give the purchaser sufficient time to review said reports.
SCG All remedial work requires submittal of plans to the Building Department unless exempted
by the Uniform Building Code (UBC).
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G1 STANDARD CONDITIONS:
CONTACT THE PLANNING AND BUILDING DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
Ml This approval may be appealed to the City Council within 10 calendar days from the date of
this approval pursuant to Chapter 1.12 of the Municipal Code.
G5 Approval of this request shall not waive compliance with any sections of the Municipal
Code and all other applicable City regulations in effect at the time of Building Permit
issuance unless specifically waived herein.
F1 FIRE CONDITIONS:
CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
F13 ADDRESS NUMBERS: Address numbers shall be placed in a location that will allow
them to be clearly visible from the street fronting the structure. The numbers shall
contrast with their background, and shall be no less in height than: Four inches (4") for
single family homes and duplexes; Eight inches (8") for commercial and multi-family
residential buildings; and Twelve inches (12") for industrial buildings.
F17 SMOKE DETECTORS/FIRE SPRINKLER SYSTEMS: Smoke detectors/fire sprinklers
systems shall be inspected by the Fire Department.
This notice constitutes a decision of the Planning Department only. Additional permits, including
Building Permits, may be required by the Building Department or other City Departments. It is the
property owner's responsibility to obtain all necessary permits required for the type of project
proposed.
In accordance with the provisions of Municipal Code Section 1. 12, this decision may be appealed to
the City Council within ten (10) calendar days of the date of this determination. The appeal must
be filed, accompanied by the appropriate filing fee, prior to 6:00 p.m. on the 10th calendar day
following the date of this notice of decision. The action of the Planning and Building Department
in reference to the above item may not be appealed to the Coastal Commission.
If you have any questions regarding this determination, please contact Genene Lehotsky at the
Planning and Building Department by telephoning (760) 633-2717.
1 Gig
Patrick M by
Planning and Building Director
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