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.
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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.
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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.
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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
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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
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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.
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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
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