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1992-040CITY OF ENCINITAS COMMUNITY DEVELOPMENT DEPARTMENT 505 Vulcan Avenue Encinitas, CA 92024 (619) 633-2710 NOTICE OF DECISION DCD-92-040 December 23, 1992 This letter is to inform you that the Director of Community Development has approved your application for: 92-150 TPM (Dexter Winn) - Condominium subdivision of two units for property located at 212 Third Street. Zit-214 -Rbf-D jr This approval is subject to the following findings: 1. All provisions of Chapter 24.40 chapter are met. Evidence: Chapter 24.40 contains development standards applicable only to conversion to condominiums or stock cooperatives. Subject to the conditions contained in this Notice of Decision, those standards will be complied with. 2. The proposed conversion is not inconsistent with any objectives or policies in the City General Plan specifically directed to the conversion. Evidence: Housing Element Policy 1.5 discourages the conversion of existing rental housing to prevent a diminishing inventory of affordable rental stock. The applicant has submitted tenant certifications which indicate that the existing units (to be demoloshed) are not occupied by low or very low income families. Housing Element Policy 1.2 encourages the City "to provide a wide range of housing types" which includes condominium form of ownership. Therefore, the application for conversion is consistent with-General Plan Policy. 3. The proposed conversion will conform to the Municipal Code in effect at the time of the Tentative Map approval except as otherwise provided in chapter 24.40. Evidence: The project has been conditioned to require compliance with Section 30.16.010D of the Zoning Code and Section 24.40.060 of the City's Subdivision Ordinance which relate specifically to condominium projects. 92150TPM.DEC.JK (12-22-92) 1 The Director determines that the proposed subdivision substantially conforms with these standards since the project was reviewed through the Design Review process, and will be required to conform with the Uniform Building Code. 4. The overall design and physical condition of the conversion achieves a high degree of appearance, quality and safety. Evidence: The subject building was reviewed and approved under City General Plan and development standards, including Design Review. Therefore the project achieves an acceptable level of appearance, quality and safety. 5 The conversion would not displace predominantly low and very low income families or tenants. Evidence: The applicant has submitted tenant certifications which indicate that the existing units (to be demolished) are not occupied by low or very low income families. 6. The proposed map is consistent with applicable general and specific plans as specified in Section 65451 of the subdivision map Act. 7. The design or improvement of the proposed subdivision is consistent with applicable general and specific plans since the project is in conformance with the General Plan designation for the site. 8. The site is physically suitable for the proposed type of development, in that the approved two unit development is able to be converted to a condominium form of ownership subject to the standards contained in the Municipal Code. 9. The site is physically suitable for the proposed density of development, since the topography and design of the lots can be adequately accommodated as proposed. 10. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. Having identified no aspects in which this proposal could have any significant adverse impacts on the environment, the project is found to be categorically exempt from environmental review pursuant to Section 15315 of the California Environmental Quality Act (CEQA). 92150TPM.DEC.JK (12-22-92) 2 11. The design of the subdivision or type of improvements is not likely to cause serious public health problems, since documentation has been obtained stating that utilities shall be available for the site. 12. 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. This approval is subject to the following conditions: 1. GENERAL CONDITIONS A. This approval will expire in two years, on December 23, 199f, at 5:00 p.m. unless the conditions have been met or an extension has been approved by the Authorized Agency. B. This approval may be appealed to the authorized agency within 10 calendar days from the date of this approval. C. Nothing in this permit shall relieve the applicant from complying with the conditions and regulations generally imposed upon activities similar in nature to the activity authorized by this permit. D. Approval of this request shall not waive compliance with any sections of the Municipal Code and all other applicable City Ordinances in effect at the time of Building Permit issuance unless specifically waived here. E. Permits from other agencies will be required as follows: - Coastal commission F. Project is approved as submitted as evidenced by the map dated and received by the City of Encinitas on August 8, 1992. G. The applicant shall prepare a Parcel Map for the conversion to the satisfaction of the City Engineer. APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 2. FIRE A. Address numbers shall be clearly visible from the street fronting the structure. The height of numbers shall conform to Fire District Standards. Where structures are located off a roadway on long driveways, a monument shall 92150TPM.DEC.JK (12-22-92) 3 be placed at the entrance where the driveway intersects the main roadway. Permanent numbers shall be affixed to this monument. B. Prior to final recordation, the applicant shall submit a letter from the Fire District stating that all development impact, plan check and/or cost recovery fees have been paid or secured to the satisfaction of the Fire District. C. Smoke detectors must be inspected by the Fire Department. Patrick S. Murphy Community Development Director 92150TPM.DEC.JK (12-22-92) 4