2012-23CITY OF ENCINITAS
PLANNING AND BUILDING DEPARTMENT
505 So. Vulcan Avenue
Encinitas, CA 92024
(760) 633 -2710
NOTICE OF DECISION
PBD- 2012 -23
April 19, 2012
This letter is to inform you that the Planning and Building Director has approved your application:
12 -029 ADP (Applicant: Encinitas Preservation Association) — An Affordable Unit Policy
application request to legalize two illegally established dwelling units. The subject property is
located at 726B and 732B Third Street in the Residential Downtown Encinitas Specific Plan
Residential 15 (D -R15) Zone and Coastal Zone. (APN 258- 152 -04)
Project Description and Discussion: The applicant requests approval through the City's
Affordable Dwelling Unit Policy to legalize two lower level dwelling units created without the
benefit of the required permits. The property located at 726B to 732B Third Street is currently
developed with two `Boathouse" units in the front of the property and four units in the back of the
property. According to the Residential Building Record from the San Diego County Recorder's
Office the two `Boathouse" units were permitted in 1927 and the two other units located in rear of
the property were constructed in 1930. The proposed 394 - square foot affordable units were created
by converting a previously existing detached garage without the benefit of permits. The applicant is
requesting approval of an Affordable Dwelling Unit permit at this time for the additional units to
comply with the current Encinitas Municipal Codes.
The Affordable Unit Policy requires that units meet parking and development standards to the
extent practical. The current code requires two (2) enclosed spaces for a residence of 2,500 square
feet or less in size. Since the garage was converted into living units the site does not have an
enclosed garage on site. Parking is only available on- street along Third Street and has been
provided to the extent feasible.
As required by the Affordable Unit Policy, any tenants of the Affordable Unit shall be required to
qualify as "low income" or 80% of the Regional Median Household Income. The income level is
required to be verified annually. Additionally, the property owner shall be required to rent the units
consistent with the maximum affordable rent level for a "low" income unit. As a condition of
approval the property owner shall record a covenant against the title of the property to secure the
units as reserved for "low" income households.
Also, as a condition of approval to legalize the units, the applicant must demonstrate that the
existing building meets the current International Building Code and Uniform Fire Code. The
applicant must submit complete construction drawings and site plans in order to demonstrate that
the units comply with these standards. The property owner will have six (6) months from the date
of this approval to obtain final occupancy for the building permits.
California Environmental Quality Act: The project is found to be exempt from Environmental
Review pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15303(a),
which exempts from environmental review one (1) single - family residence, or a second dwelling
unit in a residential zone and up to three (3) single - family residences may be constructed or
converted.
This approval is subject to the following conditions:
SC 1 SPECIFIC CONDITIONS:
SC6 This project is conditionally approved as set forth on the application and project drawings
stamped received by the City on April 5, 2012, consisting of two (2) sheets including site
plan and floor plan, all designated as approved by the Planning and Building Director on
April 16, 2012, and shall not be altered without express authorization by the Planning and
Building Department.
SCA This approval will expire on October 19, 2012 at 6 pm, six months after the approval of this
project, unless all permits and final occupancy are obtained for the illegal conversion.
SCB Prior to the issuance of the Building Permit, the applicant shall cause a covenant regarding
real property to be recorded. Said covenant shall set forth the following:
1. During the term of the covenant, the Owner agrees to abide by all ordinances, statues,
and regulations applicable to the PROPERTY, except as allowed herein.
2. The unit shall comply with health and safety standards as set out in the International
Building Code (IBC) and Uniform Fire Code (UFC), which shall be verified and
maintained as per the plans submitted and approved by the Building Division.
3. Owner hereby agrees to maintain the property in a safe and usable condition and agrees
not to enlarge, extend, or expand the AFFORDABLE UNITS authorized under the
Affordable Dwelling Unit Policy unless otherwise permitted by applicable regulations.
a. Should OWNER fail to maintain the PROPERTY in a safe and usable condition,
within 30 days notice from the CITY, OWNER shall bring the PROPERTY into full
compliance with all of CITY's land use and building regulations, in effect at that
time and applicable to the property, to include without limitation, density.
b. Should either the PROPERTY or any AFFORDABLE UNITS be damaged to more
than 75% of its value (as determined by the Planning and Building Department),
OWNER shall bring the PROPERTY into full compliance with all of CITY's land
use and building regulations, in effect at that time and applicable to the property, to
include without limitation, density.
4. The units shall be reserved and rented to an individual or household of "low" income as
defined in Section 50079.5 of the California Health & Safety Code. The property owner
is responsible to qualify tenants as to their "low" income status (80% of the Regional
Median Household Income) throughout the period of tenancy.
5. The unit rental rates (including utilities) shall be limited to the annualized medians and
ceiling set by Federal and State Agencies. No extra charges/ fees for facilities or
services which normally and appropriately accrue to the unit (e.g. parking, key common
facilities, etc.) will be assessed.
6. The City shall verify tenant qualifications annually. Annual submittal to the City of
Encinitas of the Tenant Income Verification Form must be provided by the property
owner by June 15th of each year documenting the maximum charged for the units during
the previous year and demonstrating the qualified income status of the tenants. Income
status of the tenant must be verified by submitting either the tenants last year's income
tax form, or two to three pay check stubs. This report shall be acknowledged by the City
in writing by July lst, at which time the City shall also notify the property owner of any
adjustments to the maximum rent levels.
Failure of the property owner to abide by current rental restrictions provisions of this
agreement shall be automatically incur the following penalties. Any charge, fee, etc. to
tenants above levels set herein shall be reimbursed to the tenants. In addition, payment
of an equal amount shall be made to the City, which the City shall deposit in a separate
account to be used exclusively for the creation of subsidy for affordable housing
opportunities in the City of Encinitas.
SCC The applicant shall provide a fire extinguisher within 75 feet of the travel distance to all
units on the property, and shall service the fire extinguisher annually to the satisfaction of
the Fire Department.
SCD A minimum ceiling height of 7 feet shall be maintained in all habitable rooms to the
satisfaction of the Building Division.
G1 STANDARD CONDITIONS:
CONTACT THE PLANNING DEPARTMENT REGARDING COMPLIANCE WITH THE
FOLLOWING CONDITIONS:
G2 This approval may be appealed to the City Council within 15 calendar days from the date of
this approval in accordance with Chapter 1.12 of the Municipal Code.
G4 Prior to building permit issuance, the owner shall cause a covenant regarding real property
to be recorded. Said covenant shall set forth the terms and conditions of this grant of
approval and shall be of a form and content satisfactory to the Planning and Building
Director. The Owner(s) agree, in acceptance of the conditions of this approval, to waive any
claims of liability against the City and agrees to indemnify, hold harmless and defend the
City and City's employees relative to the action to approve the project.
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.
G13 The applicant shall pay development fees at the established rate. Such fees may include, but
not be limited to: Permit and Plan Checking Fees, Water and Sewer Service Fees, School
Fees, Traffic Mitigation Fees, Flood Control Mitigation Fees, Park Mitigation Fees, and Fire
Mitigation/Cost Recovery Fees. Arrangements to pay these fees shall be made prior to
building permit issuance to the satisfaction of the Planning and Building and Engineering
Services Departments. The applicant is advised to contact the Planning and Building
Department regarding Park Mitigation Fees, the Engineering Services Department regarding
Flood Control and Traffic Fees, applicable School District(s) regarding School Fees, the Fire
Department regarding Fire Mitigation/Cost Recovery Fees, and the applicable Utility
Departments or Districts regarding Water and/or Sewer Fees.
B 1 BUILDING CONDITION:
CONTACT THE ENCINITAS BUILDING DIVISION REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITION:
B2R The applicant shall submit a complete set of construction plans to the Building Division for
plancheck processing. The submittal shall include a Soils /Geotechnical Report, structural
calculations, and State Energy compliance documentation (Title 24). Construction plans
shall include a site plan, a foundation plan, floor and roof framing plans, floor plan(s),
section details, exterior elevations, and materials specifications. Submitted plans must show
compliance with the latest adopted editions of the California Building Code (The Uniform
Building Code with California Amendments, the California Mechanical, Electrical and
Plumbing Codes). These comments are preliminary only. A comprehensive plancheck will
be completed prior to permit issuance and additional technical code requirements may be
identified and changes to the originally submitted plans may be required.
F1 FIRE CONDITIONS:
CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE WITH
THE FOLLOWING CONDITIONS:
F -13 ADDRESS 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.
F15 AUTOMATIC FIRE SPRINKLER SYSTEM: Structures shall be protected by an
automatic fire sprinkler system designed and installed to the satisfaction of the Fire
Department.
F17 SMOKE DETECTORS /FIRE SPRINKLER SYSTEMS: Smoke detectors /fire
sprinklers shall be inspected by the Encinitas Fire Department.
This notice constitutes a decision of the Planning & Building Department only. Additional permits,
including Building Permits, may be required by the Building Division 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, the decision of the Planning and
Building Director may be appealed to the City Council within 15 calendar days of the date of this
determination. The appeal must be filed, accompanied by a $250 filing fee, prior to 5:00 pm, on the
15th calendar day following the date of this Notice of Decision.
If you have any questions regarding this determination, please contact Andrew Maynard at the
Planning and Building Department by telephoning (760) 633 -2718.
atrick Murphy,
Planning and Building Director