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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