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2000-064CITY OF ENCINITAS COMMUNITY DEVELOPMENT DEPARTMENT 505 S. Vulcan Avenue Encinitas, CA 92024 (760) 633-2710 NOTICE OF DECISION DCD 2000-64 July 13, 2000 This letter is to inform you that the Director of Community Development has approved your application for the -following: 00-039 TPM/CDP (Kopek) - Tentative Parcel Map and Coastal Development Permit for a two-unit condominium conversion, for property located at 145 and 147 Coop Court within the R-11 zone district (APN 254-055-10). Project Description and Discussion: The proposed project is a request to convert two existing attached duplex units to condominiums. 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 duplex units are located on one lot, and no new lots are proposed by this application. In addition, no structural modifications or additions are proposed for the two existing units. The existing duplex units were legally built in 1978 and are located in the R-11 Zone, which allows for single and multi-family residences at a maximum density of 11 dwelling units per acre. The project site is 6,098 square feet in area, which allows for a maximum density of one residential unit. Therefore, the existing use is legal nonconforming. In addition, a structural nonconformity exists with regard to the side yard setbacks. The existing duplex maintains a 4'-6" side yard setback from the east side property line and 7'-2" from the west (street) side property line. The required interior side yard setback in the R-11 zone is a minimum 5 feet, and the minimum required street yard setback is 10 feet. Chapter 30.76 of the Municipal Code allows for the continuation of a nonconforming use and/or structural nonconformity so long as the nonconformity is not expanded in any way that would increase the inconsistency with the regulations of the Municipal Code. The conversion of the two units to condominiums does not increase the number of units on the lot and no structural expansion of the units is proposed, and therefore, does not increase the nonconformities. Pursuant to Municipal Code Section 24.40.060, a structure being converted to condominiums shall conform to the applicable standards of the City building code in effect at the time the application for conversion was accepted. The applicant has provided a letter from a licensed engineer that verifies the structure substantially conforms to the requirements of the current UBC. jlc: f.nods:00039tpmcdp 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 reports must be provided to any future purchaser(s), as per the above noted Code section. In addition, the applicant has submitted evidence that current tenants have been notified of the intent to convert the units to condominiums. A public notice was mailed for the project, which allowed for a 20-day comment period as required for administrative applications. No negative 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, 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. 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: The existing duplex is located in the R-11 (Single-Family Residential 1 to 11 du/ac) Land Use designation and the R-11 Zone. The R-11 Zone permits single and multi-family units at a maximum density of 11 dwelling units per acre. The existing duplex units were legally built in 1978. The project site is 6,098 square feet in area, which allows for a maximum density of one residential unit. Therefore, the existing use is legal nonconforming. In addition, a structural nonconformity exists with regard to the side yard setbacks. The existing duplex maintains a 4'-6" side yard setback from the east side property line and 7'-2" from the west (street) side property line. The required interior side yard setback in the R-11 zone is a minimum 5 feet, and the minimum required street yard setback is 10 feet. Chapter 30.76 of the Municipal Code allows for the continuation of a nonconforming use and/or structural nonconformity so long as the nonconformity is not expanded in any way that would increase the inconsistency with the regulations of the Municipal Code. The conversion of the two units to condominiums does not increase the number of units on the lot and no structural expansion of the units is proposed, and therefore, does not increase the nonconformities The existing development complies with all applicable provisions of the Municipal Code. In addition, the applicant has submitted service availability letters that verify all necessary services are available to serve the site. j1c:f:nods:00039tpmcdp 2 Conclusion: The proposed condominium conversion is consistent with the provisions of the general and specific plans as specified in Section 65451 of the Subdivision Map Act because the project is in conformance with the General Plan and Municipal Code standards for condominium conversions and requirements for legal nonconforming structures. Also, the site is physically suitable for the type and density of the proposed development because the existing use is consistent with the uses permitted in the R-11 Zone and all other applicable provisions of the Municipal Code. 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. Also, the proposed condominium conversion will not alter any existing improvements or require additional improvements. Conclusion: The condominium conversion 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 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. Conclusion: A review of title information did not show any easements on or adjacent to the property that would be adversely impacted by this application. Therefore, the condominium conversion will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. j1c:f.nods:00039tpmcdp 3 FINDINGS FOR TENTATIVE PARCEL MAP WAIVER / CONDOMINIUM CONVERSION Municipal Code Section 24.40. 100 A. All provisions of this Chapter 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 this Chapter; 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 relationship 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 consists of less than three dwelling units. 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, 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 j1c:f.nods:00039tpmcdp 4 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 and Discussion: The City's General Plan and Municipal Code are applicable components of the City's Local Coastal Plan. The project consists of the condominium conversion of an existing duplex building. No structural modifications or additions are proposed, and no other modifications are proposed which may intensify the existing use nonconformity. 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. Finding #3 is 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. 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. This approval is subject to the following conditions: CONDITIONS OF APPROVAL SCI SPECIFIC CONDITIONS: SC4 Approval of the Tentative Parcel Map and all associated permits will expire on July 13, 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 February 22, 2000, consisting of a Tentative Parcel Map, designated as approved by the Community Development Director on July 13, 2000. Approved plans shall not be altered without the express authorization of 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 j1c:f.nods:00039tpmcdp 5 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 condominium conversion of a legal nonconforming structure and use. Pursuant to Municipal Code Section 30.76, Nonconformities, specific restrictions are placed on alterations, modifications and additions of nonconforming structures and uses. Future buyers should contact the City of Encinitas to determine any potential restrictions on alterations, modifications or additions to the individual units". SCC 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." SCE 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. SCG The provisions of Municipal Code Section 24.60.050, Parcel Map Waiver, shall be met. G1 STANDARD CONDITIONS: CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 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. 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 height of the address numbers shall conform to Fire Department Standards. F17 SMOKE DETECTORS: Smoke detectors shall be inspected by the Fire Department. j1c:f.nods:00039tpmcdp 6 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 not be appealed to the Coastal Commission. 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- Jennifer Coon- at the - Community Development Department by telephoning (760) 633-2717. 7:E~ Sandra Holder Community Development Director j1c:f:nods:00039tpmcdp 7