2007-056City of Encinitas
PLANNING AND BUILDING DEPARTMENT
505 So. Vulcan Ave.
Encinitas, CA 92024
(760) 633-2710
NOTICE OF DECISION
PBD-2007-56
November 6, 2007
This letter is to inform you that the Planning and Building Director has approved your application
for the following:
07-116 TPM/CDP: The applicant requests approval of a Tentative Parcel Map/Parcel
Map Waiver and Coastal Development Permit to allow the conversion of an existing
duplex to a condominium form of ownership. The project site is located at 727-729
Dewitt Avenue in the D-R11 zone, Coastal Zone and the Old Encinitas community of the
City of Encinitas. (APN 258-211-11)
Project Description and Discussion: The proposed project is a request to convert two existing
attached residential units to two condominium units. The applicant is also requesting a parcel
map waiver. 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 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 Downtown Encinitas-Residential-11 (D-R11) Zone within
the Downtown Encinitas Specific Plan, which allows for single and multi family residences with
a maximum density of 11.0 dwelling units per net acre. A duplex is a permitted use in the
subject D-RI 1 zone on lots of 5,000 square feet or more. Therefore, the existing 5,029 sq. ft. lot
with a duplex structure conforms to the current use restrictions for the subject D-R1 l zone.
Pursuant to Municipal Code Section 24.40.020 (Physical Elements Reports), a general Inspection
Report, Wood Destroying and Pests Organisms Inspection Report and a letter signed and stamped
by a licensed, professional engineer stating that the structures substantially comply with the current
UBC were submitted as part of the application. Prior to recordation of the certificate of
compliance, the applicant will be required to complete minor repair and pest control
recommendations made in the report. This approval requires that the inspection reports be provided
to any future purchaser(s), as per the above noted Code section.
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
JD/PB/G: \Nod\07-116tpmcdp.condo.nod.doc
only. Please call (760) 633-2710 to schedule a submittal time. The approved parcel map waiver
appears to indicate unit division boundaries. The plat submitted with the certificate of
compliance application must be revised to eliminate the unit division lines and have the standard
wording for condominiums as stated in Condition "SCB".
A Citizen Participation Program (CPP) letter was mailed to all owners and tenants within 500 feet
of the project site on July 16, 2006, pursuant to EMC Chapter 23.06. With no comments to report,
the CPP Final Report was approved on October 10, 2007. 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. Staff received no comments prior to the close of the
comment period.
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 Downtown Encinitas-Residential-
11 (D-R11) Zone within the Downtown Encinitas Specific Plan, which allows for single
and multi family residences with a maximum density of 11.0 dwelling units per net acre.
A duplex is a permitted use in the subject D-RI l zone on lots of 5,000 square feet or
more. Therefore, the existing 5,029 sq. ft. lot with a duplex structure conforms to the
current use restrictions for the subject D-RI l zone.
The project is exempt from environmental review pursuant to Section 15301(k) of the
CEQA Guidelines. No new construction is proposed. All utilities and services are in place
to serve the development.
JD/PB/G: \Nod\07-116tpmcdp.condo.nod.doc 2
Planning 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. The building is found to be in
good condition and maintains a high degree of appearance, quality and safety. The
subject two units were recently constructed and have not been occupied by low- or
moderate-income families, such that creation of a condominium form of ownership will
not have the effect of displacing low- or moderate-income families.
Conclusion: The Planning and Building Director determines that the Tentative Parcel
Map/Parcel Map Waiver meets and conforms to the provisions of EMC 24.40, and is not
inconsistent with any objectives or policies in the City General Plan specifically directed to
the conversion. The overall design and physical condition of the conversion achieves a high
degree of appearance, quality and safety. The conversion would not displace predominantly
low- and moderate-income families or tenants since the duplex has recently been
constructed and have not been occupied by low- or moderate-income families.
The project is exempt from environmental review pursuant to Section 15301(k) of the
CEQA Guidelines. No new construction is proposed. All utilities and services are in place
to serve the development.
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:
1. 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 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.
JD/PB/G: \Nod\07-116tpmcdp.condo.nod.doc 3
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:
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 Downtown Encinitas-Residential-11 (D.-R1 l) Zone
within the Downtown Encinitas Specific Plan, which allows for single and multi family
residences with a maximum density of 11.0 dwelling units per net acre. A duplex is a
permitted use in the subject D-R11 zone on lots of 5,000 square feet or more. Therefore,
the existing 5,029 sq. ft. lot with a duplex structure conforms to the current use
restrictions for the subject D-R1 l zone. The project complies with all other standards of
the subject D-R1 l zone. No aspect of the project has been identified which could have an
adverse impact on coastal resources or any natural resources.
Related to finding No. 1, the project complies with or is conditioned to comply with the
City's Local Coastal Program and the Municipal Code. Related to finding No. 2, no
potentially significant adverse impacts to the environment are associated with the
proposed project, and the project is categorically exempt from environmental review
pursuant to Section 15301(k) of the California Environmental Quality Act (CEQA)
Guidelines. The subject property is not located between the sea and the nearest public road
such that finding #3 is not applicable.
Conclusion: The Planning and Building Department finds that 1) the project is consistent
with the certified Local Coastal Program of the City of Encinitas; 2) no potentially
significant adverse impacts to the environment will result and the project is categorically
exempt from environmental review pursuant to Section 15301(k) of the California
JD/PB/G: \Nod\07-116tpmcdp.condo.nod.doc 4
Environmental Quality Act (CEQA) Guidelines; and 3) the proposed development is not
located between the ocean and the first public road.
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 residences into common-interest ownership.
This approval is subject to the following conditions:
SCI SPECIFIC CONDITIONS:
SC4 Approval of the Tentative Parcel Map and all associated permits will expire on November
6, 2009 at 5:00 pm, 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.
SC6 This project is conditionally approved as set forth on the application and project drawings
stamped received by the City on July 16, 2007, consisting of a 1 sheet Parcel Map Waiver
Plat designated as approved by the Planning and Building Director on November 1, 2007,
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. The
applicant shall provide written confirmation, from a person licensed to practice land
surveying in the State of California, of the existence of recorded survey monuments
defining the boundary of the site. If any survey monument(s) need to be set due to
material discrepancy, a Corner Record of Survey shall be filed with the San Diego County
Surveyor's office or the San Diego County Recorder. Prior to final approval of the
Certificate of Compliance, written confirmation shall be provided by the Surveyor to the
Planning and Building Director attesting to the existence of recorded monuments that are
substantially conforming with the approved Tentative Map. Upon confirmation of
substantial conformance, 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.
JD/PB/G: \Nod\07-116tpmcdp.condo.nod.doc 5
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 said developer shall give the purchaser sufficient time to
review said reports.
SCG The plat submitted with the certificate of compliance application shall not indicate airspace
division lines.
SCH Prior to recordation of the certificate of compliance, the applicant/owner shall provide proof
of compliance with the provisions of Section 24.40.060F, which requires that each unit shall
have at least 200 cubic feet of enclosed weather-proofed and lockable private storage space.
SCI This project has been conditioned as a part of application 05-151 CDP and shall comply
with the conditions of that approval unless specifically modified herein.
SCJ No encroachment in the Dewitt Street right of way is allowed unless the encroachment is at
least 28 feet from the street centerline and an encroachment covenant and maintenance
agreement is obtained from the City.
Gl STANDARD CONDITIONS:
CONTACT THE PLANNING AND BUILDING DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITION(S):
G4 Prior to recordation of the certificate of compliance, the owner shall cause a covenant
regarding real property to be recorded. Said covenant shall set forth the terms and
conditions of this grant of approval and shall be of a form and content satisfactory to the
Planning and Building Director. The Owner(s) agree, in acceptance of the conditions of this
approval, to waive any claims of liability against the City and agrees to indemnify, hold
harmless and defend the City and City's employees relative to the action to approve the
prof ect.
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.
M1 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.
E1 ENGINEERING CONDITIONS:
CONTACT THE ENGINEERING SERVICES DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITION(S):
JD/PB/G: \Nod\07-116tpmcdp.condo.nod.doc 6
E2 All City Codes, regulations, and policies in effect at the time of building/grading permit
issuance shall apply.
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 a 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 J. Dichoso, Associate
Planner at (760) 633-2681, or the Planning and Building Department at (760) 633-2710.
atrick Murphy
Planning and Building Director
JD/PB/G: \Nod\07-116tpmcdp.condo.nod.doc