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.
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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.
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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).
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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
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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
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