2000-037CITY OF ENCINITAS
COMMUNITY DEVELOPMENT DEPARTMENT
505 S. Vulcan Avenue
Encinitas, CA 92024
(760) 633-2710
NOTICE OF DECISION
DCD 2000-37
April 24, 2000
This letter is to inform you that the Director of Community Development has approved
your application for the following:
99-263 TPM/CDP (Tomaszewski)- Tentative Parcel Map and Coastal
Development Permit for a two-unit condominium conversion of an existing
residential duplex structure, for property located at 1593 and 1595 San Elijo
Avenue within the Residential (R-11) Zoning District and the Coastal Appeal
Zone (APN 260-630-62).
Project Description and Discussion: The proposed project is a request to convert an
existing residential duplex unit (two-units total) to condominium form of ownership. 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 created. The two existing units are located on
one lot, no new lots are proposed by this application, and no structural modifications or
additions are proposed.
With approval of a Design Review Permit by the Cardiff-By-The-Sea Community
Advisory Board (CAB), the existing two-story residential duplex structure and detached
carport/garage was constructed in 1988. The two existing units are on property currently
within the Residential (R-11) Zoning District and the Coastal Appeal Zone. The R-11
zone allows for single and multi-family residences at a maximum density of 11 dwelling
units (du's) per acre. The project site is 6,800 square feet in area, which now would
allow for a maximum of only one residential unit to be located on the parcel. However,
because the existing two-unit duplex structure was. approved under County jurisdiction
during City incorporation efforts when the property was zoned Residential (RV-11), the
project was at that time in conformance with the General Plan and the RV-11 Zoning
District. Pursuant to current Municipal Code Chapter 30.76, Nonconformities, the
existing residential duplex is considered a legal nonconforming use since under current
density standards only one dwelling unit (1.7 du's at maximum density) could be
approved on the subject parcel. Under the RV-11 zoning standards, density was rounded
up or down to the nearest whole unit number. Under current Code, density is rounded
down to the nearest whole unit number. Since the now proposed condominium
conversion of the existing duplex does not propose any intensification to the legal
nonconforming use, the existing use is consistent with the uses and density permitted in
the R-11 zone.
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The existing principal duplex structure on the site maintains the minimum required front,
side and rear setback requirements for the R-11 Zoning District as well as the maximum
height, lot coverage and floor area ratio standards allowed by Code at the time of original
approval. The existing detached carport/garage structure maintains an approved
minimum three-foot setback from the rear property line where a minimum of five feet is
required currently. This legal structural nonconformity is not being increased by the
proposed condominium conversion and as such is considered in compliance with zoning
standards.
Pursuant to Municipal Code Section 24.40.020 (Physical Elements Reports), a general
Inspection Report was submitted as part of the application. As a condition of this
approval, the inspection report must be provided to any future purchaser(s), as per the
above noted Code section. Additionally, the applicant has submitted evidence that
current tenants have been notified of the intent to convert the units to condominiums. A
minimum 20-day public review and comment period was noticed and a properly noticed
public hearing was held for this application on Monday, February 28, 2000. No
comments were received.
FINDINGS FOR A TENTATIVE MAP
STANDARD: Section 66474 of the California Government Code requires that the
authorized agency approve an application for a Tentative Map unless, based upon the
information presented in the application and during the Public Hearing, the
authorized agency makes any of the following findings of fact:
a. That the proposed map is not consistent with applicable general and specific plans as
specified in Section 65451 of the Subdivision Map Act.
b. That the design or improvement of the proposed subdivision is not consistent with
applicable general and specific plans.
Facts: The two existing units are on property within the Residential designation
of the Land Use Map, the Residential (R-11) Zoning District of the Zoning Map
and the Coastal Appeal Zone. The subject property does not lie within a specific
plan area.
Discussion: The R-11 zone allows for single and multi-family residences at a
maximum density of 11 dwelling units per acre. The project site is 6,800 square
feet in area, which allows for a maximum of one residential unit to be located on
the parcel under current standards. Maximum density was calculated by rounding
up or down to the nearest whole unit number at the time the existing units were
originally approved. Therefore, the existing two-unit duplex development is
considered a legal nonconforming use pursuant to Chapter 30.76 of the Municipal
Code. The existing use is consistent with the uses permitted in the R-11 zone.
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Conclusion: Therefore, the Community Development Department finds that the
proposed condominium conversion is consistent with the provisions of the General
Plan as specified in Section 65451 of the Subdivision Map Act.
C. That the site is not physically suitable for the type of development.
d. That the site is not physically suitable for the proposed density of development.
Discussion: A residential duplex (two units) exists on the project site. The
proposed condominium conversion does not increase the number of dwelling units
on the site. The subject R-11 zone allows for single and multi-family residences at a
maximum density of 11 dwelling units per acre. The project site is 6,800 square
feet in area, which allows for a maximum of one residential unit to be located on
the parcel. The two-unit duplex structure is an existing legal nonconforming use.
Conclusion: Therefore, the Community Development Department finds that the
project site is physically suitable for the type of development and the site is
physically suitable for the proposed density of development.
e. That the design of the subdivision or the proposed improvements are likely to cause
substantial environmental damage or substantially or avoidably injure fish or
wildlife or their habitat.
f. That the design of the subdivision or the type of improvements is likely to cause
serious public health problems.
Discussion: The project consists of a minor subdivision of ownership of an existing
duplex within an urbanized area. No significant natural resources are present on the
site. The proposed condominium conversion will not alter any existing
improvements or require additional improvements. It has been determined that the
project is exempt from Environmental Review pursuant to Section 15301(k) of the
California Environmental Quality Act (CEQA) Guidelines. No comments were
received during the noticed review and comment period or at the administrative
public hearing that the project would have any adverse impact.
Conclusion: Therefore, the Community Development Department finds that the
proposed conversion project will not cause substantial environmental damage or
substantially and avoidably injure fish or wildlife or their habitat. Also, there is no
aspect of the project that is likely to cause serious public health problems.
g. That the design of the subdivision or the type of improvements will conflict with
easements, acquired by the public at large, for access through or use of, property
within the proposed subdivision. In this connection, the authorized agency may
approve a map if it finds that alternate easements, for access or for use, will be
provided, and that these will be substantially equivalent to ones previously acquired
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by the public. This subsection shall apply only to easements of record or to
easements established by judgment of a court of competent jurisdiction and no
authority is hereby granted to a legislative body to determine that the public at large
has acquired easements through or use of property within the proposed subdivision.
Discussion: A review of the title information did not show any easements on or
adjacent to the property that would be adversely impacted by this application.
Conclusion: Therefore, the Community Development Department finds that the
design of the subdivision or the type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of, property
within the proposed subdivision.
FINDINGS FOR TENTATIVE PARCEL MAP WAIVER /
CONDOMINIUM CONVERSION
Municipal Code Section 24.40. 100
A. All provisions of this Chapter are met; and
B. The proposed conversion is not inconsistent with any objectives or policies in the
City General Plan specifically directed to the conversion; and
C. 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; and
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.
Conclusion: Community Development Department staff has performed an
analysis of the application in relation to Municipal Code and General Plan
standards applicable to condominium conversions and finds that all applicable
provisions of the Municipal Code are met. The building is found to be in good
condition, maintains a high degree of appearance, quality and safety. Pursuant to
Section 65590 of the Government Code, this conversion is not subject to
"replacement" requirements for low and moderate income dwelling units because
the project involves the conversion of less than three dwelling units to
condominium form of ownership.
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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: The subject property lies within the Coastal Appeal Zone. The City's
General Plan and Municipal Code are applicable components of the City's Local
Coastal Plan.
Discussion: The project consists of the condominium conversion of an existing
residential duplex structure (two units total). No structural modifications or
additions are proposed. The site is serviced by all necessary utilities and generates
no adverse impacts to the surrounding area.
Conclusion: No aspect of the project has been identified which could have an
adverse impact on coastal resources or any natural resources. Since the project
complies with all applicable provisions of the City's Municipal Code, the
Community Development 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. The
approval of this Coastal Development Permit satisfies the requirements of the
Encinitas Local Coastal Program. The providing of public access or recreational
facilities is not feasible or appropriate for a project of this scale and the project is
thus in conformity with Section 30200 et. seq. of the Coastal Act.
Environmental Review: The project is determined to be exempt from Environmental
Review pursuant to Section 15301(k) of the California Environmental Quality Act (CEQA)
Guidelines.
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CONDITIONS OF APPROVAL
SCI SPECIFIC CONDITIONS:
SC4 Approval of the Tentative Parcel Map and all associated permits will expire on April
24, 2002, 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
plans dated received by the City on October 11, 1999, consisting of one (1) sheet
titled Tentative Parcel Map, designated as approved by the Community
Development Director on April 24, 2000, and shall not be altered without express
authorization by the Community Development Department.
SCA Completion of this conversion shall require the recordation of a Certificate of
Compliance. 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 conforming to the lots and lot lines approved in the parcel map
waiver application. The applicant shall deliver to the Director copies of the recorded
record of survey plat and the recorded deeds of ownership, together with closure
calculations for the subject property. Upon confirmation that these instruments are
in substantial compliance with the parcel map waiver application as approved, the
Director shall have prepared and recorded a Certificate of Compliance for the
condominium conversion.
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 Any future buyers of the units shall be provided with copies of the physical
elements reports as submitted to the City as part of this application.
SCD The applicant shall submit to the Community Development Department and to
any future buyers a certified statement from a professional engineer that all
standards of Chapter 24.40 of the Municipal Code are satisfied.
SCE Prior to the recordation of a Certificate of Compliance, the applicant shall provide
evidence to the satisfaction of the Community Development Director that the
structure complies with the current Uniform Building Code. Such evidence may
be submitted in the form of a letter from a licensed architect or engineer certifying
that the structure is in compliance with the current Uniform Building Code.
SCF The provisions of Municipal Code Section 24.60.050, Parcel Map Waiver, shall
be met.
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SCG The Parcel Map Waiver shall conform to Municipal Code 24.60.050 D, E, & F.
SCH Prior to issuance of a Certificate of compliance, each unit shall be shown to have at
least 200 cubic feet of enclosed weather-proofed and lockable private storage space
in addition to closets customarily provided.
SCI The owner shall provide written certification to the buyer of each unit at the close of
escrow that any dishwashers, garbage disposals, stoves, refrigerators, hot water
tanks, and air conditioners that are provided are in operable working condition as of
the close of escrow.
SCJ This project is located within the Coastal Appeal Zone and may be appealed to the
California Coastal Commission pursuant to Coastal Act Section 30603 and
Chapter 30.04 of the City of Encinitas Municipal Code. An appeal of the
Community Development Department's decision must be filed with the Coastal
Commission within 10 working days following the Coastal Commission's receipt
of the Notice of Final Action. Applicants will be notified by the Coastal
Commission as to the date the Commission's appeal period will conclude.
Appeals must be in writing to the Coastal Commission, San Diego Coast District
office.
G1 STANDARD CONDITIONS:
CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITION(S):
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.
E1 ENGINEERING CONDITIONS:
CONTACT THE ENGINEERING SERVICES DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITION(S):
ES6 In accordance with Chapter 23.36 of the Municipal Code, the developer shall
execute and record a covenant with the County Recorder agreeing not to oppose the
formation of an assessment district to fund the installation of right-of-way
improvements.
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ES7 In accordance with Chapter 23.36 of the Municipal Code, the developer shall
execute and record a covenant with the County Recorder agreeing not to oppose the
formation of an assessment district to fund the undergrounding of utility facility
improvements.
EU2 The developer shall comply with all the rules, regulations and design requirements
of the respective utility agencies regarding services to the project.
131 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.
F 1 FIRE CONDITIONS:
CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITION(S):
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..
In accordance with the provisions of Municipal Code Chapter 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 $100.00 filing fee, prior to 4:00 PM on the 10th
calendar day following the date of this notice of decision. The action of the Community
Development Director in reference to the above item may be appealed to the California
Coastal Commission within ten (10) working days of the expiration of the local appeal
period.
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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 or applicant's responsibility
to obtain all necessary permits required for the type of project proposed.
If you have any questions regarding this determination, please contact Mark Hofinan,
Associate Planner, at the Community Development Department by telephoning (760) 633-
2637.
San LaHder
Community Development Director
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