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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. KA/PB/g:\Nod\06-008tpmcdp.doc 1 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 KA/PB/g:\Nod\06-008tpmcdp.doc 2 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 KA/PB/g:\Nod\06-008tpmcdp.doc 3 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 KA/PB/g:\Nod\06-008tpmcdp.doc 4 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: KA/PB/g:\Nod\06-008tpmcdp.doc 5 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. KA/PB/g:\Nod\06-008tpmcdp.doc 6 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 KA/PB/g:\Nod\06-008tpmcdp.doc 7