2012-05City of Encinitas
PLANNING AND BUILDING DEPARTMENT
505 So. Vulcan Ave.
Encinitas, CA 92024
(760) 633 -2710
NOTICE OF DECISION
PBD- 2012 -05
February 10, 2012
This letter is to inform you that the Planning and Building Director has approved your application
for the following Administrative Permit for property located in the City of Encinitas:
11 -065 TM/PMW (Garden View Professional Center) - A request for the approval of a Parcel
Map Waiver (PMW) to convert an existing 2 -story, approximately 34,000 -SF medical /office
professional building on an existing legal lot to a condominium form of ownership resulting in
25 condominium units. The project is located at 499 North El Camino Real and is outside of the
Coastal Zone (APN 257- 470 -21).
Project Description and Discussion: Located in the southeast quadrant of North El Camino Real
and Garden View Road, the subject property was created in 1987 as Lots 18 and 19 of Encinitas
Tract No. 4255 according to map thereof No. 11909 dated October 1, 1987. On January 26, 1993,
Lots 18 and 19 were merged into a single lot of record by recorded Certificate of Compliance 1993-
0047657 (Case No 93 -012 BA/COC).
Currently, the building houses a mix of medical and office professional tenants. Since 1992, a
number of building permits for tenant improvements and discretionary applications have been
approved for the building on the project site. The discretionary applications are summarized below:
Case No.
Approval
Date
Project
1 92 -130 MUP/DR
PC Reso 92 -26
8 -27 -92
Construction of 8,500 SF Olive Garden
restaurant
2 96 -241 DR
PC Reso 97 -25
4 -10 -97
Approximately 20,738 -SF addition to the
office /medical building.
3 00 -202 ADR
DCD 02 -128
12 -14 -02
A 472 SF addition of office area and a
671 -SF courtyard to the office /medical
4 02 -007 DR PBD 03 -63 7 -31 -03 Conversion of 475 SF of attic space to
office /medical use.
Because the project concerns a 25 -unit condominium conversion, Subdivision Map Act Section
66426 requires that a tentative and final map must be required for all subdivisions creating five
or more condominiums as defined in Section 783 of the Civil Code. However, the same section
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states a parcel map shall be required for the 25 -unit subdivision based on the following
exceptions:
• When the land included in the subdivision contains less than 5 acres (the project site is
2.06 acres);
• Each parcel created by the division abuts upon a maintained public street or highway
(Garden View Road and El Camino Real);
• No dedications or improvements are required by the legislative body;
• The land consists of a parcel of land having approved access to a public street (Garden
View Road and El Camino Real);
• The land consists of a parcel which comprises part of a tract of land zoned for
commercial development (the project site is zoned Office Professional); and
• The land consists of a parcel that has the approval of the governing body as to street
alignments and widths (City of Encinitas Map No. 11909 approved October 1, 1987).
Further, Subdivision Map Act Section 66428(b) states that a local agency shall, by ordinance,
provide a procedure for waiving the requirement for a parcel map, imposed by this division,
including the requirements for a parcel map imposed by Section 66426, noted above. The
procedure may include provisions for waiving the requirement for a tentative and final map for
the construction of a condominium project on a single parcel.
Pursuant to Section 24.60.050 (Parcel Map Waiver) 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. As such, the previously approved 25 -unit medical /office professional building is
located on one existing legal lot pursuant to the COC recorded in 1993, and no new lots are
proposed by this application. No structural modifications or additions were proposed nor
submitted with this application for the existing building. The approved parcel map waiver
indicates airspace division boundaries. Pursuant to the Subdivision Map Act, the City has no
authority over the division of airspace in a condominium conversion, and Specific Condition
SCE herein requires that the certificate of compliance plan to be recorded to complete the parcel
map waiver no indicate the division of airspace.
Completion of the condominium conversion and parcel map waiver will require the recordation of a
certificate of compliance. An application and the applicable processing fee must be submitted to
the Planning and Building Department.
Public Participation
The applicant conducted a Citizen Participation Program (CPP) meeting pursuant to Chapter
23.06 (Citizen Participation Plans) of the Municipal Code on June 2, 2011 in the Poinsettia
Room of the Encinitas Civic Center. Five (5) citizens attended the meeting and discussed the
following 2 points: (1) honoring existing leases; and (2) whether the adjacent San Diego County
Credit Union ( SDCCU) will be rezoned for residential condominiums. The applicants explained
that all existing leases would be honored. The applicants also stated that the SDCCU building is
across the street and not on the project site, and therefore not included with this application. To
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clarify, this project would result in commercial condominiums — not residential — which is not a
rezone, but a change in the form of ownership as the medical/office professional building will
remain as such.
In addition, the applicant received three phone calls inquiring about the project before June 2,
2011, the night of the CPP meeting. The first call inquired about commercial condominiums; the
second call inquired of the original Olive garden building and city parking ratios; and the third
phone call was to confirm the time of the CPP meeting.
A standard public notification to all property owners and tenants within 500 feet of the project
site was issued for the Parcel Map Waiver application, which allowed for a minimum 10 -day
comment period in accordance with the provisions of Section 30.01.070 of the City of Encinitas
Municipal Code. No comments were received prior to the close of the comment period.
This approval is based on the following findings:
FINDINGS FOR A PARCEL MAP WAIVER
STANDARD: Section 24.60.050 of the Municipal Code provides that the authorized agency
must make the following finding of fact in order to approve a parcel map waiver:
The proposed subdivision and each of the lots proposed to be created comply with requirements as
to area, on -site improvements, design, access, floodwater drainage control, adequate boundary
monumentation, dedications of right -of -way, payment of development fees, appropriate improved
public streets and other off -site improvements, sanitary disposal facilities, water supply availability,
fire protection facilities, environmental review and protection, grading, and any and all other
requirements of this Title and the State Subdivision Map Act which would be applicable to review
and approval of a tentative parcel map.
Facts/Discussion: The medical /office professional building is located at 499 North El Camino
Real. All on -site and adjoining public improvements and utilities are in place to serve the
development and do comply with all of the development standards for the subject zone set forth
in the City of Encinitas Municipal Code and the Uniform Building and Fire Codes. Any
modification or expansion of the existing use or structure is subject to the provisions of the City
of Encinitas Municipal Code. The project is exempt from environmental review pursuant to
Section 15301(k) of the CEQA Guidelines.
Conclusion: Planning Department staff has performed an analysis of the application in relationship
to the Municipal Code and Subdivision Map Act requirements applicable to the conversion of
commercial property and finds that all applicable provisions are met.
Environmental Review: The project is determined to be exempt from environmental review as
per Section 15301(k) of the California Environmental Quality Act Guidelines, which exempts the
subdivision of existing commercial or industrial buildings, where no physical changes occur
which are not otherwise exempt.
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This approval is subject to the following conditions:
SC 1 SPECIFIC CONDITIONS:
SC4 Approval of the Parcel Map Waiver will expire on February 10, 2013 pursuant to Section
24.060.050(E) at 5:00 pm, one year 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 drawings
stamped received by the City on January 25, 2012, consisting of a one -sheet Parcel Map
Waiver Plat, designated as approved by the Planning and Building Director on February 10,
2012, and shall not be altered without express authorization by the Planning and Building
Department.
SCA Completion of this parcel map waiver and condominium conversion shall require the
recordation of a Certificate of Compliance. Upon confirmation that the Certificate of
Compliance prepared is in conformance with the parcel map waiver application as
approved, the Planning and Building Director shall have prepared and recorded a certificate
of compliance for the parcel map waiver.
SCB The following statement shall appear in the recorded certificate of compliance: "This
project is a common interest subdivision consisting of a 25 -unit condominium plan pursuant
to Section 1351 of the California Civil Code."
SCD The provisions of Municipal Code Section 24.60.050 (Parcel Map Waiver) shall be met to
the satisfaction of the Planning and Building Department.
SCE The plat submitted with the certificate of compliance application shall not indicate airspace
division lines.
SCF Prior to recordation of the Certificate of Compliance completing the Parcel Map Waiver,
the applicant shall, by separate document, grant to the City of Encinitas a Public
Pedestrian Access Easement over the newly constructed pedestrian sidewalk ramps as
shown on the approved Parcel Map Waiver to the satisfaction of the Engineering Services
Department.
G1 STANDARD CONDITIONS:
CONTACT THE PLANNING AND BUILDING DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITION(S):
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.
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MI 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.
Fl FIRE CONDITION(S):
CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITION(S):
F9 POSTING OR STRIPPING ROADWAYS "NO PARKING FIRE LANE ": Fire
Department access roadways, when required, shall be properly identified as per Encinitas
Fire Department standards.
F13 ADDRESS /STREET NUMBERS: Approved numbers and/or addresses shall be placed
on all new and existing buildings and at appropriate additional locations as to be plainly
visible and legible from the street or roadway fronting the property from either direction
of approach. Said numbers shall contrast with their background, and shall meet the
following minimum standards as to size: 4" high with a 3/8" stroke for residential
buildings, 8" high with a %2" stroke for commercial and multi - family residential buildings,
12" high with a 1" stroke for industrial buildings. Additional numbers shall be required
where deemed necessary by the Fire Marshal, such as rear access doors, building corners,
and entrances to commercial centers.
E1 ENGINEERING CONDITIONS:
CONTACT THE ENGINEERING SERVICES DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITION(S):
E2 All City Codes, regulations, and policies in effect at the time of building/grading permit
issuance shall apply.
E3 All drawings submitted for Engineering permits are required to reference the NAVD 88
datum; the NGVD 29 datum will not be accepted.
This notice constitutes a decision of the Planning Department only. Additional permits, including
Building Permits, may be required by the Building Department or other City Departments. It is the
property owner's responsibility to obtain all necessary permits required for the type of project
proposed.
In accordance with the provisions of Municipal Code Section 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 filing fee, prior to 6:00 p.m. on the 10"' calendar day following the date
of this notice of decision. The action of the Planning and Building Department in reference to the
above item may not be appealed to the Coastal Commission.
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If you have any questions regarding this determination, please contact J. Dichoso, Associate
Planner, at the Planning and Building Department by telephone at (760) 633 -2681.
Patrick Murphy
Planning and Building Director
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