2001-088City of Encinitas
COMMUNITY DEVELOPMENT DEPARTMENT
505 So. Vulcan Ave.
Encinitas, CA 92024
(760) 633-2710
NOTICE OF DECISION
DCD-2001-88
September 10, 2001
This letter is to inform you that the Director of Community Development has approved your
application for:
00-061 ADP (Nesbitt/Granger) - An Affordable Unit Policy application to legalize an
illegally established dwelling unit. The subject property is located at 227/229 May Courtin
the R8 Zone. (APN 260-083-20)
Project Description and Discussion: The applicant requests approval of the legalization of a
dwelling unit created without the benefit of the required permits. The subject property was
legally developed with two units prior to incorporation of the City. The illegal dwelling unit
consists of the conversion of a carport/garage area to a studio apartment.
The project site is located in the R8 Zone, which is a single-family residential zone. The illegal
unit may be legalized under the Affordable Unit Policy, provided the applicant verifies that the
unit existed prior to October 1, 1986, brings the unit into compliance with current Uniform
Building (UBC) and Fire (UFC) Codes, and agrees to designate the unit as an affordable housing
unit for "low" income households.
The property was originally developed with a single-family residence in 1967. In 1975, an addition
to the residence that included conversion to a duplex was completed with proper permits from the
County of San Diego. The duplex is considered a legal, nonconforming use. A portion of the 1975
addition was converted to the illegal studio unit sometime prior to 1979. The unit has been rented
and occupied continuously since its construction.
The Municipal Code requires two off-street parking spaces for each unit and one space for the
illegally created accessory apartment. The Affordable Unit Policy requires units to meet parking
and development standards to the extent practicable. The southwest corner of the legal,
nonconforming structure encroaches 0.8 feet into the currently required 10-foot side-yard setback,
but complies with all other building setbacks. The development on the property complies with lot
coverage and floor area ratio standards. The illegal unit may not be enlarged, extended, or
expanded. Existing, mature landscaping and other site improvements prohibit the provision of the
required number of off-street parking spaces. The site provides two off-street parking spaces, and
there is sufficient area to provide one additional parking space adjacent to the existing spaces. As a
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condition of approval, the applicant will be required to provide an additional parking space, which
will be considered meeting parking standards to the extent practicable.
The applicant has provided a Tenant Income Verification Form for the current tenant of the illegal
unit. According to the Verification Form and copies of paychecks and W-2 forms from the tenant,
the tenant qualified as "low" income as of March 8, 2000. Asa condition of approval, the current
tenant will need to submit current income information. The current tenant and any future tenants
will be required to qualify as "low" income with verification of income level annually.
Additionally, the owner will be required to comply with the maximum affordable rent level for a
"low" income unit. The property owner is required to record a covenant setting forth that the unit
will be guaranteed to be reserved as affordable housing for "low" income households.
To establish the illegal unit as a legal, affordable unit, it must be shown that the unit complies with
the current Uniform Building Code and Uniform Fire Code. As a condition of approval, complete
construction drawings and site plans must be submitted for review in order to obtain a building
permit for the illegal conversion. The owner will have six months from the date of this approval to
obtain final occupancy on the building permit.
This approval is subject to the following conditions:
SCI SPECIFIC CONDITIONS:
SCA This approval will expire on March 6, 2002 at 5:00 p.m., six months after approval of this
project, unless all permits and final occupancy are obtained for the illegal conversion.
SCB Prior to grant of final inspection of the building permit, the applicant shall provide an
additional off-street parking space developed to Municipal Code standards adjacent to the
west of the existing off-street parking area.
SCC Prior to building permit issuance, a Tenant Income Verification Form shall be submitted to
verify that the current tenant complies with income level requirements.
SCD Prior to building permit issuance, a covenant regarding real property shall be recorded. Said
covenant shall set forth the following:
1. During the term of this covenant, the OWNER agrees to abide by all ordinances,
statutes, and regulations applicable to the PROPERTY, except as allowed herein.
2. The units shall comply with health and safety standards as set out in the Uniform
Building Code (UBC) and Uniform Fire Code (UFC), and shall be maintained as
per the plans submitted and approved by the Building Division.
3. Owner hereby agrees to maintain the property in a safe and usable condition and
agrees not to enlarge, extend, or expand the AFFORDABLE UNIT authorized
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under the Affordable Dwelling Unit Policy unless otherwise permitted by applicable
regulations.
a. Should OWNER fail to maintain the PROPERTY in a safe and usable
condition, within 30 days notice from the CITY, OWNER shall bring the
PROPERTY into full compliance with all of CITY's land use and building
regulations, in effect at that time and applicable to the property, to include
without limitation, density.
b. Should either the PROPERTY or the AFFORDABLE UNIT be damaged to
more than 75% of its value (as determined by the Community Development
Department), OWNER shall bring the PROPERTY into full compliance
with all of CITY's land use and building regulations, in effect at that time
and applicable to the property, to include without limitation, density.
4. The units shall be reserved and rented to an individual or household of "low"
income as defined in Section 50079.5 of the California Health & Safety Code. The
property owner is responsible to qualify tenants as to their "low" income status
throughout the period of tenancy.
5. The unit rental rates (including utilities) shall be limited to the annualized medians
and ceilings set by Federal and State Agencies. No extra charges/fees for facilities
or services which normally and appropriately accrue to the unit (e.g. parking, key
common facilities, etc.) will be assessed.
6. The City shall verify tenant qualifications annually. Annual submittal to the City of
Encinitas of the Tenant Income Verification Form must be provided by the property
owner by June 15th of each year documenting the maximum rent charged for the
units during the previous year and demonstrating the qualified income status of the
tenants. Income status of the tenant must be verified by submitting either the
tenant's last year's income tax form, or two to three pay check stubs. This report
shall be acknowledged by the City in writing by July 1 st, at which time the City
shall also notify the property owner of any adjustments to the maximum unit rent
levels.
7. Failure of the property owner to abide by provisions of this agreement shall
automatically incur the following penalties: Any charges, fees, etc. to tenants above
levels set herein shall be reimbursed to the tenants. In addition, payment of an equal
amount shall be made to the City, which the City shall deposit in a separate account
to be used exclusively for the creation of subsidy for affordable housing
opportunities in the City of Encinitas.
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G1
STANDARD CONDITIONS:
CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITION(S):
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.
B1
BUILDING CONDITION(S):
CONTACT THE ENCINITAS BUILDING DIVISION REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITION(S):
B2R The applicant shall submit a complete set of construction plans to the Building Division for
plancheck processing. The submittal shall include a Soils/Geotechnical Report, structural
calculations, and State Energy compliance documentation (Title 24). Construction plans
shall include a site plan, a foundation plan, floor and roof framing plans, floor plan(s),
section details, exterior elevations, and materials specifications. Submitted plans must
show compliance with the latest adopted editions of the California Building Code (The
Uniform Building Code with California Amendments, the California Mechanical, Electrical
and Plumbing Codes). These comments are preliminary only. A comprehensive plancheck
will be completed prior to permit issuance and additional technical code requirements may
be identified and changes to the originally submitted plans may be required.
BA Typical fire/sound attenuation walls are required between units.
BB As-built unit must meet current UBC and a licensed architect, engineer or contractor must
certify concealed construction.
F1 FIRE CONDITIONS:
CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITION(S):
FA A 2Al0BC minimum rated fire extinguisher shall be provided in every unit, or
extinguishers shall be mounted in a cabinet(s) on the exterior of the building. The
placement of the fire extinguishers shall be to the satisfaction of the Fire Marshal.
(maximum travel distance is 75 feet).
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 height of the address
numbers shall conform to Fire Department Standards.
F17 SMOKE DETECTORS: Smoke detectors shall be inspected by the Fire Department.
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This notice constitutes a decision of the Community Development 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 fifteen (15) calendar days of the date of this determination. The appeal
must be filed, accompanied by a $100.00 filing fee, prior to 5:00 p.m. on the 15''' calendar day
following the date of this notice of decision.
If you have any questions regarding this determination, please contact Kerry Kusiak at the
Community Development Department by telephoning (760) 633-2719.
Sandra Holder
Community Development Director
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