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2016-10 - EG .� . NOTICE OF DECISION ..,o. . Planning and Building Department are Psclotta lupx odarririroverson........ ...... ................... .......... .................. ....... . ............ . . ................. ............... .......... �� s : con h.1 Q are estitggal ::::i .::::.::::! :::::: ::.::::::::::::::.:::..:....:..:........ ' 01 p n co o frgplx. . > ; CC'et[C?Ccryco7 PcCela Maier C a D eastlopmept Permit .D.Gterm i na.� xe rn p t .................. . .................. .............C N* APPR D .. Project Number: 15-198 PMW/CDP PBD Number: 2016-10 Location: 827-829 Hygeia Avenue Community: Leucadia APN: 255-253-35 Applicant: Pisciotta Family Trust Representative: Jamison Nakaya Project Planner: J. Dichoso, 750-533-2581, 'dichoso encinitasca. ov Decision Date: March 21, 20 1 5 Report Approval: ® Scott Vurbeff, Environmental Project Manager SUMMARY AND KEY CONSIDERATIONS The applicant is requesting a Parcel Map waiver and Coastal Development Permit for the conversion of an existing duplex into two condominium units on a site located at 827-529 Hygeia Avenue. No improvements are proposed to the existing dwelling units. .......... ....... ITEM NAME: PISCIOTTA CONDO CONVERSION PROJECT NUMBER: 15-198 PMW/CDP LARCH 21, 20'16 PROJECT DESCRIPTION The applicant requests approval of a Parcel Map Waiver and Coastal Development Permit to convert an existing three-story, legal nonconforming duplex on an existing, approximately 6,632 square foot (SF) legal lot to a condominium form of ownership. Each unit is approximately 11620 SF with an approximately 621-SF garage. The subject property is located at 827 and 829 Hygeia Avenue (APN 256-253-35). The property is zoned Residential-8 (R-8) and is in the Coastal Zone. The duplex was built in 1986. Although the property address is off Hygeia Avenue, the front of the property is bounded by Fulvia Street. Because there is a significant change in elevation along the eastern portion of the property where Fulvia Street is approximately 17-18 feet higher than the level pad of the property, stairs are located on the slope providing pedestrian access to the duplex: The rear of the property is bounded by Hygeia Avenue that provides vehicular access to the garage for each unit. No earthwork or grading is proposed. No physical improvements are to be made to the residential structure. PROJECT ANALYSIS Project Site Characteristics: General Plan: Residential-8 (R-8) Specific Plan: None Zoning District: Residential-8 R-8 Zonin overly : Coastal Zone Community Character Context: Inland Residential-Gridded The land use designation of single-family uses zoned Residential-8 (R-8) surround the property except for to the east where single-family uses are zoned Residential-3 (R-3). The duplex proposed for a condominium conversion (a change in legal ownership) and the residential vicinity do not pose a constraint to the other because the duplex and its proposed form of legal ownership are compatible and appropriate for the residential vicinity; a mix of single-family and multi-family residential uses that surround the project site. Existing Adjacent Area:::6 Iireto General Plonnnit Characterort .. 1. try ............ ........................... ................... ............ ...North R-81 R-8 Inland Residential-Gridded Multi-family South R-81 R-8 Inland Residential-Gridded Multi--family East R-3, R--3 Inland Residential-Gridded Sin Ie-farnil West R-8, R-8 Inland Residential-Gridded Sin le-famil 2 of 13 ITEM NAME: P SC OTTA CONDO CONVERSION PROJECT NUMBER: 15-198 PMW/CDP MARCH 21,2016 General Plan Consistency The single--family residential use is consistent with the Residential-8 General Plan designation. No specific plan area applies to the project site. General Plan Consistency . .......... ......... oc� .............................. la.n manc 0 . .. .......................... ...... ...... .......... .. .... ... .... .... .. Land Use Element Goal 3: To A condominium conversion is a change of ownership that assure successful planning for results in a form of common--interest form of ownership for future facilities and services, and the residents only. The existing two units of the duplex are a proper balance of uses within located on one existing legal lot, and no units or new lots the city, the City of Encinitas will would be being created. The number of unit and lots after establish and maintain a the condominium conversion will remain the same, and as maximum density and intensity of a result, the project is compliant with the General Plan goal. residential and commercial uses of land within the City. Policy 1.1- Strive to maintain a A condominium housing type is proposed in an area balance of housing types in the situated primarily with single-family residences and City. duplexes, and will help to provide a diversity of housing types. Policy 1.2- Strive to provide a The applicant is proposing a housing type that will lend to wide variety of housing types so the tastes, needs, and choices of existing and future that arrange of housing needs residents. and tastes will be made available to existing and future residents. Municipal Code Analysis Apart from the legal nonconformity described below, the project complies with all applicable policies of the General Plan, Local Coastal Program, applicable provisions of the Municipal Code, and with all applicable development standards of the underlying R-8 zone and would be required to comply with all applicable Building and Fire codes through the standard building permit plan checking process. eyloprnnttpdd lroc Pry used or Is..... ...... Net Lot Area — 5,400 SF 61160 SF (0.14 acre Yes E No Ej Lot Width —60 feet 59.98 feet (westerly property line) Yes ❑ No � 60.50 feet easterl property line_)._,. Lot Depth --90 feet 109.56 Yes No ❑ Front Yard Setback— 25 feet 24.9 feet (Hygeia Avenue Yes No 3 of 13 ITEM NAME: PISCIOTTA CONDO CONVERSION PROJECT NUMBER: 16-198 PMW/CDP MARCH 21, 2016 ..........p ............... Dvlopr�nnttdrd Iro ect P....raed Cony fis .. . .................. 9. Side Yard Setback (Interior)— 5 feet (both sides) Yes El No 0 5110 feet Rear Yard Setback---25 feet 42.2 feet Fulvia Street Yes No [❑ Lot Coverage--40% 30% Yes No [❑ Floor Area Ratio--0.6 0.66 Yes ® No ❑❑ Building Height— 26 feet-9 inches (top of wall with roofing Yes [❑ No 22 feet/26 feet for primary material) structures 36 feet-9 inches itched roof Each dwelling unit for the condominium is proposed at less than 2,500 square feet (approximately 1,620 SF each), and the applicant is required to provide two enclosed parking spaces for each dwelling unit. The applicant is proposing to maintain the existing four one-car garages (each unit having a pair of one-car garages), thus meeting all parking standards in Chapter 30.54 (Off-Street Parking) of the Municipal Code. Legal Nonconformity The subject site has several existing, legal nonconformities that are proposed to be maintained as summarized below: 1. Land use. The duplex, a two-family dwelling unit, does not conform to the underlying single-family zone (R.-8) in accordance with Chapter 30.09 (zoning Matrix). According to the County's Residential Building Record, the structure was legally built as a duplex in 1986 prior to the city's incorporation in 1986 and adoption of the zoning code in 1989. Because the site contains two existing legal dwelling units, the site maintains a legal nonconforming density and is subject to the provisions of EMC Chapter 30.76 (Nonconformity) because the R-8 zone provides for suburban single-family detached residential units with minimum lot sizes of 5,400 net square feet and a maximum density of 8.0-units per net acre. One primary dwelling is permitted on each legal lot contrary to the two multi-family dwelling units onsite. The proposed condominium conversion of the two-unit development will not increase the density or intensity of use and will comply'with all development standards of the R-8 zone as allowed by EMC Section 24.40.100 (Conversion of Residential Property). The findings to approve the condominium conversion are described below. 2. Rear property line le n th. The R-8 zone requires a lot width of 60 feet. The western property line of the subject lot is approximately 59.98 feet in width. Record of Survey 18941 filed on August 26, 2005 as Document #2005-738329 confirmed that the western property line is 59.98 feet. 3. Front setback. A portion of the duplex (western/front elevation) encroaches 0.1-feet into the required 25-foot rear yard setback per the underlying R-8 zone along the western/rear property line. 4. Interior setback. The R-8 zone requires the duplex to observe an interior setback of five feet and 10 feet. The municipal code does not specify which side property line shall require either the five-foot or the 10-foot setback. The applicant is showing the northern portion of the duplex to be encroaching 5 feet into the required interior 10-foot setback, while the other interior side yard setback is compliant. 4 of 13 ITEM NAME: PISCIOTTA CONDO CONVERSION PROJECT NUMBER; 15-198 PMW/CDP MARCH 21,20 1 6 5. Building height. The duplex was -approved in 1986 at a height which exceeds the maximum height limit for residential structures per Chapter 30.16 (Residential ?ones). The standard height limit for residential buildings as-measured to the top of the exterior plane of the roof above the wall below (including roofing material) is 22 feet for flat roof elements and 26 feet for a pitched roof. Based on the elevations from Hygeia Street, the duplex is a three-story structure that is approximately 26-feet-9 inches to the top of the exterior plane of the wall (including roofing material) which exceeds the 22-foot standard and the pitched roof is approximately 36-feet-9-inches which also exceeds the 26-foot height limit. The livable area of the duplex is a two structure above the lowest garage story. It appears that the lowest garage story is does not qualify as a basement per EMC Chapter 30.04 (Definitions). Since the County of San Diego legally permitted the duplex prior to the City's incorporation in 1986, all portions of the roof that exceed the height limit is rendered legal nonconforming in accordance with EMC 30.76 (Nonconformities). The legal nonconformity may remain as is long as it is not enlarged, extended, or expanded or in a manner to increase the inconsistency/nonconformity with the regulations of the Municipal Code. In accordance with Section 30.76.050 of the Municipal Code, the applicant can maintain the existing legal nonconformities so as long as they are not enlarged, relocated or increased in intensity. Parcel ILI!'ap Waiver Pursuant to EMC Section 24.60.050 (Parcel Map waiver), 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 physical condition standards listed in EMC Section 24.40.060 (Specific Physical Standards). Conversion of Residential Properly Pursuant to EMC Section 24.40.020 (Physical Elements Reports), the following reports were submitted as part of the application: 1. A Physical Elements Report was prepared by Sowards and Brown and dated June 12, 2015, which provided a general inspection report of the property. The report concludes that the project conforms to the current code requirements for the condominium conversion and included recommended repairs. 2. A Wood Destroying and Pests Organisms Inspection Re ort was prepared by Mariners Pest Control and dated June 12, 2015, which summarizes the results of a pest control inspection. The report concludes that various repairs and included treatment of infestations. Prior to recordation of the Certificate of Compliance required in the Conditions of Approval, the applicant will be required to complete minor repair and pest control recommendations made in the report as necessary. This approval requires that the inspection reports be provided to any future purchaser(s) per EMC 24.40.040 (Copy to Buyers). 5of3 ITEM NAME: PISCIOTTA CONDO CONVERSION PROJECT NUMBER: 15-198 PMW/CDP MARCH 2 ,29 5 In accordance with Section 24.40.05oF (Private Storage Space), the applicant stated in a letter dated September 17, 2015 that each unit exceeds the storage requirement of 200 cubic feet each of enclosed weatherproofed and lockable private storage space. Per EMC 24.40.070 (Notice to Tenants), tenants of each duplex unit were notified of the' condominium conversion on April 25, 2015 and April 27, 2015 each pursuant to Section 55427.1 of the Government Code. A copy of the notifications is included with the case file. Guidelines Consistency Since the project is condominium conversion (a change in legal ownership) and no improvements are proposed to change the bulk and mass, or architecture of the duplex, the project is exempt from Design Review per EMC 23.0.8 (Design Review). Local Coastal Program Consistency The project complies with the City's certified Local Coastal Program including applicable General Plan policies, and Downtown Encinitas Specific Plan and Municipal Code requirements, and all other applicable development and design standards. No potentially significant adverse impacts to the environment will result from the project and the project is exempt from environmental review. The project site is infill site that is not located between the sea and the nearest public road. PUBLIC NOTICE AND PARTICIPATION Public Notice A public notice was mailed on February 25, 2016 to all property owners within 500 feet of the project site and to anyone who requested such notice in writing, in compliance with Government Code Sections 65090, 55091 and 05092, as applicable. Additionally, as a courtesy, the notice was posted at City Hall and on the Planning and Building Department's Internet site under "Public Notices" and via e-Project Source. Citizen Participation Program A Citizen Participation Program newsletter was mailed on June 15-' 201 5 to all property owners within 500 feet of the project site. No comments were received within the comment period. EMC 23.05 does'not place a time limit on a CPP for a project under review. ENVIRONMENTAL CONSIDERATIONS The project includes the conversion of a duplex to a condominium with no proposed improvements. Section 15301(k) exempts from environmental review minor alterations to existing private structures including the division or multiple family residences into common- interest ownership, where no physical changes occur which are not otherwise exempt. No historic resources are affected by the project. None of the exceptions in Section ,1 5300.2 exists. 6 of 13 ITEM NAME: PISCIOTTA CONDO CONVERSION PROJECT NUMBER: 5-198 PMW/CDP MARCH 2 1,20 1 6 FINDINGS CONVERSION of RESIDENTIAL. PROPERTY Based on Encinitas Municipal Code Section 24.40.100, findings for Conversion of Residential Property and the aforementioned analysis, staff has made the following findings to support the approval, with conditions: Fd�rtror Parcel M waiver - xpla.natinf I=in: n A. All provisions of Chapter 24.40 of the All applicable Municipal Code standards Municipal Code are met; relative to Chapter 24.40 have been satisfied. B. The proposed conversion is not The proposed conversion from a duplex to a inconsistent with any objectives or policies condominium form of ownership is consistent in the City General Plan specifically with all objectives and policies of the General directed to the conversion; Plan. C. The proposed conversion will conform to The existing duplex was constructed in .1 973 the Municipal Code in effect at the time of under the County of San Diego and meets all tentative map approval except as criteria set forth in Chapter 30.76 (Non- otherwise provided in Chapter 24.40 of the Conformities) of the current Municipal Code. Municipal Code; E. The conversion would not displace The subject two units were approved under predominantly low- and moderate-income the County of San Diego prior to the City's families or tenants without adequate incorporation in 1986 and have not been provision for suitable relocation of such occupied by low- or moderate-income families, families or tenants. such that creation of a condominium form of ownership will not have the effect of-displacing low- or moderate-income families. The application is exempt from Government Code Section 65590 (Coastal Zone Affordable Housing Replacement Regulations) because the two-unit condominium conversion regards a residential structure that contains less than three dwelling units. 7 of 13 ITEM NAME: PISCIOTTA CONDO CONVERSION PROJECT NUMBER: 15-198 PMW/CDP MARCH 2 1,2016 PARCEL MAP WAIVER Based on Encinitas Municipal Code Section 24.60.050, findings for a Parcel Mgp Waiver and the aforementioned analysis, staff has made the following findings to support the approval, with conditions: TOO aeoel Mfiver- E 1pnquo indin ..................... The proposed subdivision and each of the lots The proposed project is a request to covert proposed to be created comply with two existing attached duplex units to requirements as to area, on-site condominium ownership. The existing units Improvements, design, access, floodwater are located one existing lot, and no new lots drainage control, adequate boundary are proposed. All necessary on-and off-site monumentation, dedications of right-of--way, improvements are in place or conditions to be payment of development fees, appropriate put in place. All utilities and services are in improved public streets and other off-site place for development. The project is exempt improvements, sanitary disposal facilities, from environmental review pursuant to Section water supply availability, fire protection 15301(k) of the Municipal Code. 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. COASTAL DEVELOPMENT PERMIT Based on Encinitas Municipal Code Section 30.80.090, findings for a Coastal Development Permit and the aforementioned analysis, staff has made the following findings to support the approval, with conditions: lnd:n for;Casf Devlo rnnt Prlr�; E /anat�on of Firdin.. 1. The project is consistent with the certified The proposed project is located within the Local Coastal Program of the City of Coastal Zone of the City of Encinitas and Encinitas; and requires approval of a regular Coastal Development Permit for the project. The project would be consistent with the City's adopted Local Coastal Program because it would comply with the development standards of the R-8 zone provided in the Encinitas Municipal Code and the goals and policies of the Encinitas General Plan. 8 of 13 ITEM NAME: PISCIOTTA CONDO CONVERSION PROJECT 1luMBER: 15--198 P VW/CDP MARCH 21, 2016 Fndp ferostal Hf lsr lartianf Findin .......... 2. The proposed development conforms with No potentially significant adverse impacts to Public Resources Code Section 21000 and the environment are associated with the following (CEQA) in that there are no proposed project, and the project is feasible mitigation measures or feasible categorically exempt from environmental alternatives available which would review pursuant to Section 15301(k) of the substantially lessen any significant adverse California Environmental Quality Act (CEQA) impact that the activity may have on the Guidelines. environment; and 3. For projects involving development The subject property is not located between between the sea or other body of water the sea and the nearest public road. 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. CONCLUSION The Planning and Building Department has determined that the Parcel Map Waiver and Coastal Development Permit application to be consistent with all applicable policies of the General Plan and provisions of the Municipal Code. Therefore, the project is hereby _approved based upon the findings and subject to the attached conditions of approval. CONDITIONS OF APPROVAL. SC1 SPECIFIC CONDITIONS: SC4 Approval of the Parcel Map Waiver will expire on March 21, 2017 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 September 17, 2015, consisting of one sheet, Parcel Map Waiver Plat, designated as approved by the Planning and Building Director on March 21, 2016, and shall not be altered without express authorization by the Planning and Building Department. SCA The following conditions shall be completed and/or fulfilled to the satisfaction of the Planning and Building Department: 1. Completion of this Parcel Map Waiver and condominium conversion shall require the recordation of a Certificate of Compliance per Section 24.60.050(F). An application and the applicable processing fee shall be submitted to the Planning and Building 9 of 13 ITEM NAME: PISCIOTTA CONDO CONVERSION PROJECT NUMBER: 15-198 P'lllW/CDP MARCH 21, 2016 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 Parcel Map. Upon confirmation of substantial conformance, the Director shall have prepared and recorded a Certificate of Compliance for the parcel map waiver. 2. 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 1 351 of the California Civil Code." 3. 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. 4. The provisions of Municipal Code Section 24.00.050 (Parcel Map Waiver) shall be met to the satisfaction of the Planning and Building Department. 5. The plat submitted with the certificate of compliance application shall not indicate airspace division lines. 5. 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) below, and said developer shall give the purchaser sufficient time to review said reports. A. A Physical Elements Report was prepared by Sowards and Brown and dated June 12, 2015 which provided a general inspection report of the property. The report concludes that the project conforms to the current code requirements for the condominium conversion and provided that the recommended repairs are to be completed. B. A Wood Destroyinq and Pests or anisms Inspection Report was prepared by Mariners Pest Control and dated June 12, 2015 which summarizes the results of a pest control inspection. The report concludes that various repairs and treatment of infestations are to be completed. 7. Prior to recordation of the Certificate of Compliance, the applicant will be required to complete repair work recommended in the reports noted in Standard Condition SCAB above to the to the satisfaction of the Planning and Building Department. 10 of 13 ITEM NAME: PISCIOTTA CONDO CONVERSION PROJECT NUMBER: 15-198 PMW/CDP MARCH 21,2016 SC B The following conditions shall be completed and/or fulfilled to the satisfaction of the Engineering Services Department: 1. Each unit shall be separately metered and have separate sewer laterals or a joint use agreement shall be recorded. The project is with Leucadia Wastewater District. G1 STANDARD CONDITIONS: CONTACT THE PLANNING AND BUILDING DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): G2 This approval may be appealed to the City Council within 10 calendar days from the date of this approval in accordance with Chapter 1.1 2 of the Municipal Code. G4 Prior to recordation of the certificate of compliance, 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. G19 Garages enclosing required parking spaces shall be kept available and usable for the parking of owner/tenant vehicles at all times. 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. F1 FIRE CONDITIONS: CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): F13 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 11 of 13 ITEM NAME: PISCIOTTA CONDO CONVERSION PROJECT NUMBER: 15.198 PMWICDP MARCH 21, 2D 5 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 inches high with a 1/2- inch stroke width for residential buildings, 8 inches high with a '/2-inch stroke for commercial and multi-family residential buildings, 12 inches high with a 1-inch 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. F17 SMOKE DETECTORS/CARBON MONOXIDE ALARMS/FIRE SPRINKLER SYSTEMS: Smoke detectors/carbon monoxide alarms/fire sprinklers shall be inspected by the Encinitas Fire Department. 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. EG 1 Grading Conditions EG 14 A grading permit shall be obtained for this project unless the proposed grading is exempt under section 23.24.090 of the Municipal Code. If the proposed grading is exempt from permit requirement, the owner shall provide a precise site plan prior to approval of a building permit. The building site plan shall provide design for drainage improvements, erosion control, storm water pollution control, and on-site pavement. ES1 street Conditions ES5 Prior to any work being performed in the public right-of-way, a right-of-way construction permit shall be obtained from the Engineering Services Director and appropriate fees paid, in addition to any other permits required. ES10 Improvements constructed within the present or future public right-of-way shall be considered temporary. The owner shall enter into an encroachment removal covenant agreeing to remove those improvements at the direction of the City. EU 1 Utilities Conditions EU2 The owner shall comply with all the rules, regulations, and design requirements-of the respective utility agencies regarding services to the project. EU3 The owner shall be responsible for coordination with S.D.G. & E., AT&T, and other applicable authorities. 12 of 13 ITEM NAME: PISCIOTTA CONDO CONVERSION PROJECT NUMBER: 15-198 PMW/CDP MARCH 21,20'16 DISCLOSURES This notice constitutes a decision of the Planning and Building Department only for the discretionary entitlement. The Planning and Building Department or other City Departments may require additional permits, such as Building and Grading Permits. It is the property owner and applicant'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 Department may be appealed to the City Council within 10 calendar da s of the date of this determination. The appeal must be filed, accompanied by a $256 filing fee, prior to 5:00 pm on the lot" calendar day following the date of this Notice of Decision. Any filing of an appeal would suspend this action as well as any processing of permits in reliance thereon in accordance with Encinitas Municipal Code Section 1.12.020(D)(1) until such time as an action is taken on the appeal. The action of the Planning and Building Department may not be appealed to the Coastal Commission. If you have any questions regarding this determination, please contact J. Dichoso, Associate Planner, at (760) 633-2681 or by email at or contact the Planning and Building Department, 505 South Vulcan Avenue, Encinitas, CA 92024 at (760) 633-2710 or by email at i nnin ninita. .q ov. SIGNATURE M- nj Ranu, P Acting Director of Planning and Building 3 of 13