1998-134CITY OF ENCINITAS
COMMUNITY DEVELOPMENT DEPARTMENT
505 So. Vulcan Avenue
Encinitas, CA 92024
(760) 633-2710
NOTICE OF DECISION
DCD 98-134
December 7, 1998
This letter is to inform you that the Director of Community Development has approved your
application for:
98-267 TPM/CDP (Allin/Lambert) - Tentative Parcel Map and Coastal Development
Permit for a two-unit condominium conversion, for property located at 852 and 854 Dewitt
Avenue in the D-R-11 zoning district (APN 258-213-17).
Project discussion: The applicant proposes to convert two attached apartment units to a
condominium form of ownership for a property located in the D-R-11 zoning district. The
only additions or structural modifications that are proposed with this request are those items
that were recommended by the Physical Elements Report in order to bring the current
structure into full compliance with the current building code.
The County Assessor's Residential Building Record indicates the structure was originally
constructed as a duplex building with a detached garage in 1978.
Tenant notification was not required since joint owners of the property occupy both units.
Pursuant to Municipal Code Section 24.40.020 (Physical Elements Reports), a general
Inspection Report and Wood Destroying Pests and Organisms Inspection Report were
submitted as part of the application.
These reports have noted certain conditions in need of attention, including the replacement
of nonconforming deck railings, seismic restraints for the water heater and functioning
smoke detectors. This Notice requires that the inspection reports be provided to any future
purchaser(s), as per the above noted Code section.
A standard 300 ft. / 100 ft. radius public notification resulted in no adverse comments from
the community.
A zoning history search revealed no past discretionary actions for the subject property,
which may have a bearing on this project.
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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.
Conclusion: That the proposed map is consistent with applicable general and specific
plans as specified in Section 65451 of the Subdivision Map Act since the project is in
conformance with the General Plan designation (D-R-11) for the site.
b. That the design or improvement of the proposed subdivision is not consistent with
applicable general and specific plans.
Conclusion: That the design or improvement of the proposed subdivision is consistent
with applicable general and any specific plans since the project is in conformance with the
General Plan designation (D-R-11) for the site.
C. That the site is not physically suitable for the type of development.
Discussion: The applicant proposes to convert two attached apartment units to a
condominium form of ownership for a property located in the D-R-11 zoning district. The
only additions or structural modifications that are proposed with this request are those items
that were recommended by the Physical Elements Report.
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 this Code are met. The
building is found to be in good condition, maintains a high degree of appearance, quality
and safety.
d. That the site is not physically suitable for the proposed density of development.
Discussion: The applicant proposes to convert two attached apartment units to a
condominium form of ownership for a property located in the D-R-11 zoning district. The
proposed development does meet density for the D-R-11 zone.
Conclusion: That the site is physically suitable for the proposed density of development
since the subdivision will conform to the D-R-11 Zone.
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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.
Conclusion: That the condominium conversion and the proposed improvements are not
likely to cause substantial environmental damage or substantially and avoidably injure fish
or wildlife or their habitat. The project consists of a minor subdivision of ownership of an
existing duplex apartment unit within an urbanized area. No significant natural resources
are present on the site.
f. That the design of the subdivision or the type of improvements is likely to cause serious
public health problems.
Conclusion: That the condominium conversion or type of improvements is not likely to
cause serious public health problems, since all necessary utilities are currently available to
the site.
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: That the condominium conversion 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. A review of title information did not show any
easements on or adjacent to the property that would be adversely impacted by this
application.
The subdivision conforms to all the provisions of the Municipal Code including project
density, lot size and lot dimensions, as per the information submitted in the subject
application.
FINDINGS FOR TENTATIVE PARCEL MAP WAIVER /
CONDOMINIUM CONVERSION
Municipal Code Section 24.40. 100
A. All provisions of this Chapter are met;
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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 this Code are met.
The building is found to be in good condition, maintains a high degree of appearance,
quality and safety. The conversion is not subject to "replacement" requirements for low
and moderate income families or tenants since the conversion consists of two 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 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.
Conclusion: 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 any nonconformity. The site is
serviced by all necessary utilities and generates no adverse impacts to the surrounding area.
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The current development does conform to all applicable density and design standards for
the D-R-11 zone. 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 and that 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.
Environmental Review:
The project is determined to be exempt from Environmental Review as per Section 15301(k) of the
California Environmental Quality Act Guidelines.
CONDITIONS OF APPROVAL
SC1 SPECIFIC CONDITIONS:
SC4 Approval of the Tentative Parcel Map and all associated permits will expire on December 7,
2000 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 September 28, 1998, consisting of the plat map, designated as
approved by the Community Development Director on December 7, 1998, 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.
SCB 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.
SCC 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 24.20
of the Municipal Code are satisfied.
SCD 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.
G1 STANDARD CONDITIONS:
CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
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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.
E1 ENGINEERING CONDITIONS:
CONTACT THE ENGINEERING SERVICES DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
EU2 The developer shall comply with all the rules, regulations and design requirements of the
respective utility agencies regarding services to the project.
EU6 If private sewer will serve this development, then a maintenance agreement must be
executed before recordation of the Final Map.
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.
F14 ADDRESS NUMBERS FOR STRUCTURES LOCATED OFF ROADWAY: Where
structures are located off a roadway on long driveways, a monument marker shall be
placed at the entrance where the driveway intersects the main roadway. Permanent
address numbers with height conforming to Fire Department standards shall be affixed to
this marker.
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
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the date of this notice of decision. The action of the Community Development Director in
reference to the above item is not appealable 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 David Gardner at the
Community Development Department by telephoning (760) 633-2717.
Sandra Holder
Community Development Director
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