2006-105
City of Encinitas
PLANNING AND BUILDING DEPARTMENT
505 So. Vulcan Ave.
Encinitas, CA 92024
(760) 633-2710
NOTICE OF DECISION
PBD-2006- 105
December 26, 2006
approved
This letter is to inform you that the Planning and Building Director has your application for
the following:
06-008 TPM/CDP (Klammer) -
A request for the approval of a Tentative Parcel Map,
Parcel Map Waiver and Coastal Development Permit to convert two existing, attached
units on one existing legal lot to a condominium form of ownership. The project site is
located at 549 & 553 Third Street in the D-R15 (Downtown Encinitas Specific Plan) zone
and within the Coastal Zone. (APN 258-086-08)
Project Description and Discussion:
The proposed project is a request to convert two existing
attached residential units to two condominium units. The applicant is also requesting a parcel
map waiver. Pursuant to Section 24.60.050 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. The existing units are located on one existing legal lot, and no new lots are proposed by
this application. The proposed condominium conversion is subject to the specific physical
standards listed in Municipal Code Section 24.40.060.
The existing units are located in the D-R15 zone (Downtown Encinitas Specific Plan – Residential
15) Zone, which allows for single- and multi-family residences. The D-R15 zone requires a
minimum net lot area of 5,000 square feet, minimum lot dimensions of 50 feet in width and 100 feet
in depth and a maximum density of 15 dwelling units per acre. The proposed lot dimensions are
consistent with required standards and the subject lot has a net lot area of 6,250 square feet, which ,
based on the maximum density, allows for 2.15 dwelling units. The duplex was legally approved by the
County of San Diego on May 15, 1957. The two dwelling units are in compliance with the density
requirements of the Municipal Code and General Plan.
Pursuant to Municipal Code Section 24.40.020 (Physical Elements Reports), a general Inspection
Report, Wood Destroying and Pests Organisms Inspection Report and a letter signed and stamped by a
licensed, professional architect stating that the structures substantially comply with the current UBC
were submitted as part of the application. Prior to recordation of the certificate of compliance, the
applicant will be required to complete minor repair and pest control recommendations made in the
report. This approval requires that the inspection reports be provided to any future purchaser(s), as per
the above noted Code section.
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Completion of the condominium conversion and tentative 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. Applications are accepted by appointment only.
Please call (760) 633-2710 to schedule a submittal time.
In lieu of a Citizen Participation Program (CPP) Meeting in accordance with Municipal Code Chapter
23.06, the applicant mailed out a newsletter on February 13, 2006 to all residents within 100 feet and
to all owners within 300 feet of the subject property. According to the CPP final report submitted by
the applicant, one letter and one phone call were received during the CPP process. Both inquiries were
regarding whether new construction was proposed as part of this project. The applicant explained to
both citizens that no new construction was proposed.
A standard public notification was issued for the Tentative Parcel Map/Parcel Map Waiver and Coastal
Development Permit, which allowed for a 20-day comment period. Staff did not receive any
comments in response to the notification.
findings:
This approval is based on the following
FINDINGS FOR CONVERSION OF RESIDENTIAL PROPERTY
STANDARD: Section 24.40.100 of the Municipal Code provides that the authorized agency
must make the following findings of fact in order to approve the conversion of residential
property to condominiums or stock cooperative:
A. All provisions of Chapter 24.40 of the Municipal Code are met;
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 Chapter 24.40 of the Municipal Code;
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.
Facts/Discussion:
The existing units are located in the D-R15 zone, which allows for
single- and multiple-family residences with a maximum density of 15.0 dwelling units per
acre. The existing use conforms to the current use restrictions and development standards
of the D-R15 zone and therefore conforms to the City of Encinitas Municipal Code, the
Downtown Encinitas Specific Plan and General Plan. The project is exempt from
environmental review pursuant to Section 15301(k) of the CEQA Guidelines. No new
construction is proposed. Repairs and upgrades as recommended by the Physical Elements and
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Pest Control Reports must be completed as a condition of approval of the conversion. All
utilities and services are in place to serve the development.
Conclusion:
Planning and Building 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.
With the completion of the repairs and upgrades required as conditions of this approval,
the building would be in good condition and maintain 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 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:
1.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 proposed project is a request to convert two existing attached units
to condominiums. The existing units are located on one existing legal lot, and no new lots
are proposed by this application. All necessary on- and off-site improvements are in place.
All utilities and services are in place for the development. 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 Municipal Code and Subdivision Map Act requirements applicable to the
conversion of residential property and finds that all applicable provisions are met.
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
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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.
Facts/Discussion:
The City’s General Plan and Municipal Code are applicable components of
the City’s Local Coastal Plan. The project consists of the conversion of two existing attached
units on one existing legal lot to a condominium form of ownership. The existing units are
located in the D-R15 zone, which allows for single- and multiple-family residences with a
maximum density of 15.0 dwelling units per acre. The existing use conforms to the current use
restrictions and development standards of the D-R15 zone and therefore conforms to the City
of Encinitas Municipal Code, the Downtown Encinitas Specific Plan and General Plan. No
aspect of the project has been identified which could have an adverse impact on coastal
resources or any natural resources.
Conclusion:
Since the project complies with all applicable provisions of the City’s Municipal
Code and the Downtown Encinitas Specific Plan, the Planning and Building Department finds
that the project is consistent with the certified Local Coastal Program of the City of Encinitas.
Required finding #2 is not applicable since no significant adverse impact is associated with the
project. Finding #3 is also not applicable since the project does not involve development
between the sea or other body of water and the nearest public road, and therefore, does not
impact public access to coastal resources. No aspect of the project has been identified which
could have an adverse impact on coastal resources or any natural resources. 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 EnvironmentalQuality Act Guidelines, which exempts the
division of existing multiple-family residences into common-interest ownership.
conditions:
This approval is subject to the following
SPECIFIC CONDITIONS:
SC1
SC4 Approval of the Tentative Parcel Map and all associated permits will expire on December 26,
2008 at 5:00 p.m., 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 drawings
dated received by the City on November 22, 2006, consisting of a 1-sheet Parcel Map Waiver
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Plat designated as approved by the Planning and Building Director on December 26, 2006, and
shall not be altered without express authorization by the Planning Department.
SCA Completion of this tentative parcel map/parcel map waiver and condominium conversion shall
require the recordation of a Certificate of Compliance. An application and the applicable
processing fee shall be submitted to the Planning and Building Department. The applicant
shall provide written confirmation, from a person licensed to practice land surveying in the
State of California, of the existence of recorded survey monuments defining the boundary
of the site. If any survey monument(s) need to be set due to material discrepancy, a
Corner Record of Survey shall be filed with the San Diego County Surveyor’s office or
the San Diego County Recorder. Prior to final approval of the Certificate of Compliance,
written confirmation shall be provided by the Surveyor to the Planning and Building
Director attesting to the existence of recorded monuments that are substantially
conforming with the approved Tentative Map. Upon confirmation of substantial
conformance, the 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 two-unit condominium plan pursuant to Section
1351 of the California Civil Code.”
SCC The applicant shall submit to the Planning and Building Department and to any future buyers a
certified statement from a professional engineer that all standards of Chapter 24.40
(Conversion of Residential Property) of the Municipal Code are satisfied.
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 Prior to recordation of the certificate of compliance, the recommended repairs and maintenance
set forth in the physical elements and pest control reports submitted with the application dated
received by the City on July 25, 2006, shall be completed to conform with the requirements of
the current edition of the Uniform Building Code and evidence of such completion submitted
to the satisfaction of the Planning and Building Department.
SCF Prior to any purchaser executing any purchase agreement or other contract to purchase a unit
in the project, the subdivider shall provide each purchaser with a copy of all reports (in their
final, accepted form), and said developer shall give the purchaser sufficient time to review said
reports.
SCG A gate shall be installed in the proposed fence to provide access to the rear unit from Third
Street to the satisfaction of the Fire Marshal.
SCH The following conditions shall be completed/fulfilled to the satisfaction of the San
Dieguito Water District:
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1.The subject property is currently being served by a 5/8” water meter. Prior to recordation
of the Certificate of Compliance, the owner shall provide the San Dieguito Water District
with a written statement indicating which unit will retain the existing meter if the
development will have separate water meters for each unit.
2.The San Dieguito Water District will require that water meters be located in front of the
parcel they are serving and outside of any existing or proposed travel way. Cost of
relocation shall be the responsibility of the developer.
3.The developer shall show all existing and proposed water facilities on improvement or
grading plans for District Approval.
4.The developer shall comply with the District’s fees, charges, rules and regulations.
STANDARD CONDITIONS:
G1
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.
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.
FIRE CONDITIONS:
F1
CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE WITH
THE FOLLOWING CONDITION(S):
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 numbers shall
contrast with their background, and shall be no less in height than: Four inches (4”) for
single family homes and duplexes; Eight inches (8”) for commercial and multi-family
residential buildings; and Twelve inches (12”) for industrial buildings.
F14 ADDRESS NUMBERS FOR STRUCTURES LOCATED OFF ROADWAY: Where
structures are located off a roadway on long easements/driveways, a monument marker
shall be placed at the entrance where the easement/driveway intersects the main roadway.
Permanent address numbers with height conforming to Fire Department standards shall be
affixed to this marker.
:
F17 SMOKE DETECTORS/FIRE SPRINKLER SYSTEMSSmoke detectors/fire sprinklers
systems shall be inspected by the Fire Department.
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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
th
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.
If you have any questions regarding this determination, please contact Kelly Arndt at the Planning and
Building Department by telephoning (760) 633-2697.
____________________________
Patrick Murphy
Planning and Building Director
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