2016-19 - EG .... :::i}:. :: ■ ■ NOTICE OF DECISION
Planning and Building Department
Project Name: Fecht Affordable Unit Policy
Request: Legalize an established dwelling unit created as a result of
an illegal garage conversion and addition
Ministerial Action: Affordable Unit Policy
CEQA Determination: Exempt
DECISION: APPROVED
Project Number: 15-289 AUP
PBD Number: 2016-19
Location: 1197 Bonita Drive
Community: Old Encinitas
AP N: 259-280-02
Applicant: Max and Sally Fecht
Representative: Verne Scholl
Project Planner: J. Dichoso, 769-533-2681
idichoso encini a ca. cv
Decision Date: May 19, 2016
Report Approval: ® Scott Vurbeff, Environmental Manager
SUMMARY AND KEY CONSIDERATIONS
The applicant requests approval of a dwelling unit created without the benefit of the required
permits. The illegal dwelling unit also includes an unpermitted addition. The illegal dwelling unit
resulted from the conversion of a detached garage in 1960. The existing single-family home is
not subject to this application.
ITEM NAME: FECHT AFFORDABLE UNIT POLICY
PROJECT NUMBER: 15-289 ALP
MAY 19, Zo 16
The illegal unit may be legalized under the interim Affordable Unit Policy (AUP) program
provided the applicant: a) verifies that the unit existed prior to January 1, 2004 and has been
continuously maintained as a unit since that time; b) brings the unit into compliance with current
California Building Code (CBC) as amended by Encinitas Municipal Code (EMC) Chapter 23.12
(Uniform Codes for Construction) and California Fire Code (CFC) as amended by EMC Chapter
1 0.04 (California Fire Code); and c) agrees to designate the unit as an affordable housing unit
for"low" income households.
PROJECT DESCRIPTION
Based upon the County Recorder's Residential Building Record (RBR), the 1,648-SF primary
home was built in 1950 and a detached 666-SF garage was built in 1960. Sometime thereafter,
an approximately 344-SF portion of the 666-SF garage was converted into an illegal dwelling
unit with a subsequent approximately 982-SF unperrnitted addition. The 400-SF balance of the
garage remains as is as legal construction per the RBR. Therefore, a 1,648-SF primary
residence and a 400-SF garage are permitted legally based upon the record. The balance of
the built structures onsite would be covered by this AUP application. The application also
includes an approximately 197-SF shed to be permitted.
PROJECT"ANALYSIS
Project Site Characteristics
Properties surrounding the project site are within the same Residential-8 (R-8) Zone as the
subject property and the zone allows single-family uses. The existing single-family home and
the proposed affordable unit are consistent and appropriate for the residential vicinity.
General Plan: Residential-8
Specific Plan: None
Lone: R-8
Zoning Overlay.- Coastal Overlay Lone
Community Character Context: Inland Residential-Gridded
Other Key City Plan: None
Notable State or Regional Plan and Law: None
Adjacent Area
Direction General Plan & Zone Community Character Context Land Use
North R-8, R-8 Inland Residential-Gridded Single-family Use
South R-81 R-8 Inland Reside ntial-Gridded Single-family Use
East R-81 R--8 Inland Reside ntial-Gridded Single-family Use
West R-8, R-8 Inland Reside ntial_Gridded Single-family Use
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.
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ITEM NAME: FECHT AFFORDABLE UNIT POLICY
PROJECT NUMBER'. 15-289 AUP
MAY 1912016
General Plan Goal or Policy Explanation of Pr2ject Conformance
Land Use Policy 6.3: City There is an open Code Enforcement case (15-'193) filed for
code enforcement personnel this property. Per Council direction, the purpose of the AUP
shall identify, investigate and policy is to allow illegally established dwelling units that
abate illegal uses, structures have been continuously maintained as dwelling units since
and activities. the time of conversion to apply for legalization, provided the
units are bought into compliance with the California Fire
Code as amended by EMC Chapter 10.04 (California Fire
Code) and the California Building Code as amended by
EIVIC Chapter 23.12 (Uniform Codes for Construction).
Municipal Code Analysis
Apart from the legal nonconformity described below, the application complies with the
underlying R-8 Zone.
Development Standard Project Proposed Complies?
Net Lot Area — 14,500 SF 15,600 (0.36 acre) Yes E No
Lot Width —80 feet 120 feet Yes ® No El
Lot Depth — 100 feet 130.00 Yes No [:]
Front Yard Setback 16 feet(Existing) Yes No
25 feet for primy a structure
Side Yard Setback Street- 5-feet (AUP Unit) Yes [] No
Interior—5 feet I nterior—48 feet(AU P U n it)
Street— 10-feet
Street-28-feet(SFR) Yes No ❑]
Interior—37.5 feet (SFR)
Rear Yard Setback— 5 feet (AUP Unit) Yes No ❑]
5 feet for detached structure 50 feet (SFR)
25 feet for primary structure
Lot Coverage— 35% 20.7% Yes ® No [�
Floor Area Ratio —0.6 0.169 Yes Z No [—I
Building Height— 12/14 feet for 12 feet(AUP) Yes ® No [:1
accessory structures located within Single-story(SFR)
the rear and setback
Parking — 2 garage spaces Two-car garage Yes Z No [�
The proposed conversion complies with the maximum permitted 40% lot coverage and 0.6
Floor-Area Ratio (FAR), and building height development standards of the underlying R-8 zone.
The single-family home is a one-story structure and not subject to this application,
The AUP requires that the conversion meet parking and development standards to t'he extent
practical. The Municipal Code requires two (2) enclosed spaces for a residence under 2,500 SF
in floor area. The existing single-family home is 1,648 SF. The requirement for two enclosed
parking spaces per Chapter 30.54 (Off-Street Parking Standards) is met with the existing two-
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ITEM NATIVE: FECHT AFFORDABLE UNIT POLICY
PROJECT NUMBER: 1 5--289 AUP
MAY 19,20 6
car garage and there is ample room in the existing driveway to accommodate additional
vehicles. Therefore, the project meets the AUP requirement that all parking and development
standards to the extent practical since it complies with the Municipal Code.
Any future tenants will be required to qualify as "low" income (80% of the Regional Median
Household Income) with verification of income level annually. Additionally, the owner will be
required to comply with the maximum affordable rent level for a "low" income unit. The property
owner is required to record a covenant setting forth that the unit will be guaranteed to be
reserved as affordable housing for"low" income households.
To establish the illegal unit as a legal, affordable dwelling unit per the AUP, it must be shown
that the unit complies with the current Uniform Building Code and Uniform Fire Code. As a
condition of approval, complete construction drawings and site plans must be submitted for
review in order to obtain a building permit for the illegal conversion. The construction drawings
shall show smoke detectors and bedroom escape windows as per the Uniform Building Code
among other requirements. The owner will have six months from the date of this approval to
obtain final--occupancy approval for the building ermit.
As background, staff observed the following features of the project site:
1. Fence locations. Typically, fences are located on or along the property lines consistent
with EMC 30.16 (Residential zones). Staff observed that onsite fences (as shown on
the site plan) are not located on or along the property lines but are pulled-in. Although
the fence locations are permissible, it could be misunderstood that the property is
smaller which could lead to building/property line encroachments.
2. Building/property line encroachments. A portion of the adjacent neighbor's detached
building crosses the shared property line and onto the subject property. This is a civil
matter to be settled between neighbors.
Legal Ilion con form hies
Based upon the Residential Building Record from the County Recorder's Office, a portion of the
existing garage (which is not the subject of this application) and the AUP unit encroaches 5 feet
into the required 10-foot exterior street side-yard setback along Treasure View Lane per the
underlying R-8 zone. In accordance with Section 30.75.050 of the Municipal Code, the
applicant can maintain the existing legal nonconformity so as long as it is not enlarged,
relocated or increased in intensity.
PUBLIC NOTICE AND PARTICIPATION
An Affordable Unit Policy (AUP) project qualifies as a ministerial action and, therefore is exempt
from the provisions of Chapter 23.06 (Citizen Participation Plans) and the public notice
requirements of Title 30 (zoning).
ENVIRONMENTAL CONSIDERATIONS
The project has been determined to be exempt from environmental review pursuant to the
California Environmental Quality Act (CEQA) Guidelines Section 15268, which exempts
ministerial projects from environmental review. The project meets the criteria for the exemption.
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ITEM NAME: FECHT AFFORDABLE UNIT POLICY
PROJECT NUMBER: 15--289 AUP
MAY 1% 2010
DISCUSSION
The purpose of the AUP program is to allow illegally established dwelling units that have been
continuously maintained as dwelling units since the time of conversion to apply for legalization,
provided the units are bought into compliance with the California Fire Code as amended by
EMC. Chapter 10.04 (California Fire Code) and the California Building Code as amended by
EMC Chapter 23.12 (Uniform Codes for Construction). As conditioned, this AUP meets the
programs criteria, including exceptions to the zoning code.
CONCLUSION
The Planning and Building Department has determined the Affordable Unit Policy application to
be consistent with all applicable policies of the General Plan, provisions of the Municipal Code
and Affordable Unit Policy criteria. Therefore, the project is approved subject to the following
conditions.
CONDITIONS OF APPROVAL
SC1 SPECIFIC CONDITIONS:
Affordable Unit Polk .AUP Pro rare Specific Conditions
SC8 This approval will expire on November 19, 2016 at 0:00 p.m., six months after approval
of this project, unless all permits and final occupancy are obtained for the unpermitted
conversion.
SCA The following conditions shall be completed and/or fulfilled to the satisfaction of the
Engineering Services Department:
The applicant shall be responsible for the payment of additional Sewer Capacity Fees for
the legalization of the accessory unit. The property currently has 1.0 EDU credit and
requires an additional 0.8 EDU credit for the accessory unit. Prior to approval of any
building permit or other application, the applicant shall pay this fee at the Engineering
Division front counter.
SCB The following condition shall be completed and/or fulfilled to the satisfaction of the
Planning and Building Department:
Prior to building permit issuance for the AUP unit, the applicant shall either provide proof
of a building permit, or apply for and receive approval of a building permit concurrently
with the AUP unit for the existing one-story approximately 197-SF shed located in the
southeast portion of the property.
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ITEM NAME: FECHT AFFORDABLE UNIT POLICY
PROJECT NUMBER: 15-289 AUP
MAY 1 9,201 6
G1 STANDARD CONDITIONS:
CONTACT THE PLANNING DEPARTMENT REGARDING COMPLIANCE WITH THE
FOLLOWING CONDITION(S);
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.
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.
Affordable Unit Polic AUP Pro-gram Conditions
AU 1 Prior to building permit issuance, the owner(s) shall enter into and record a covenant
agreeing to the following:
The project is approved in compliance with the City's Interim AUP program; and
OWNER(S) shall indemnify, defend and hold harmless the City of any legal challenges
or liabilities related to the City's approval of the project and/or subject units).
AU2 Prior to building permit issuance, the owner(s) shall enter into and record a covenant;
said covenant shall set forth the following:
1. During the term of this covenant, the OWNER agrees to abide by all ordinances,
statutes, and regulations applicable to the PROPERTY, except as allowed herein.
2. The units shall comply with health and safety standards as set out in EMC Chapters
10.04 (California Fire Code) and 23.12 (Uniform Codes for Construction), and shall
be maintained as per the plans submitted and approved by the Building Division.
3. MANAGEMENT AND MAINTENANCE
A. owner hereby agrees to maintain the property in a safe and usable condition and
agrees not to enlarge, extend, or expand the AFFORDABLE DWELLING UNIT
authorized under the Affordable Dwelling Unit Policy unless otherwise permitted
by applicable regulations. OWNER shall be responsible for maintenance costs,
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ITEM NAME: FECHT AFFORDABLE UNIT POLICY
PROJECT NUMBER: 15-289 AUP
MAY 1912016
including all repairs, corrections, and replacements necessary to maintain and
preserve the AFFORDABLE DWELLING UNIT in a safe and sanitary condition
for the duration of the term of this covenant. Upon written request by the CITY,
the OWNER shall provide CITY or representative with access to inspect the
AFFORDABLE DWELLING UNIT for compliance with this section.
B. 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.
C. Should either the PROPERTY or the AFFORDABLE DWELLING UNIT be
damaged to more than 75% of its value (as determined by the Planning &
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.
D. Any tenant selected to occupy the AFFORDABLE DWELLING UNIT shall enter
into a written occupancy agreement or lease with the OWNER. OWNER shall
use a standard lease form published by the California Apartment Association or
other form approved by the CITY.
E. Leases and the landlord-tenant relationship shall be subject to California law and
the terms of these covenant restrictions.
4. INCOME AND RENT RESTRICTIONS
A. For a period of twenty years, effective from the date of the Certificate of
Occupancy approval, the AFFORDABLE DWELLING UNIT shall be reserved and
rented to an individual or household earning eighty percent (80%) or less of Area
Median Income €AMI)for San Diego County, and adjusted for household size, as
published periodically by the U.S. Department of Housing and Urban
Development (HUD). Prior to occupancy, the proposed tenant's household
income must be verified using all applicable source documentation for all adult
household members such as, paystubs, W2's, bank statements, public benefit
statements, social security benefits, etc....
B. The OWNER shall re-certify the tenant's household income status every twelve
months. In the event that the household no longer qualifies as low-income, the
OWNER shall terminate the tenancy in accordance with the applicable state law.
C. OWNER shall make a good faith effort to expeditiously and continuously rent the
AFFORDABLE DWELLING UNIT. Such effort shall include local public
advertising. In the event that the AFFORDABLE DWELLING UNIT is vacant for a
period of more than thirty (30) days, the OWNER shall notify the CITY. If
available, CITY shall provide OWNER with a list of eligible households seeking
rental housing.
D. The maximum monthly rental rate to be charged for the AFFORDABLE
DWELLING UNIT shall be consistent with Income and Rents Schedule published
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ITEM NAME: FECHT AFFORDABLE UNIT POLICY
PROJECT NUMBER: 15-289 AUP
MAY 19, 2016
by CITY and based on thirty percent(30%) of eighty percent (80%) of AMI, minus
an allowance for tenant-paid utilities. The CITY shall publish the Income and
Rent Schedule and Utility Allowance Schedule annually and make available on
the CITY's website and at the public counter of the Planning & Building
Department. 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.
5. REPORTING REQUIREMENTS
The OWNER shall submit a report to the CITY immediately after initial lease-up of
the AFFORDABLE DWELLING UNIT and annually thereafter, on a form prescribed
by the CITY. The report shall include the information and income on the tenant(s)
occupying the AFFORDABLE DWELLING UNIT, and the rent.
5. VIOLATION OF TERMS OR CONDITIONS OF THIS COVENANT BY OWNER
Failure of the property owner to abide by provisions of this agreement shall
automatically incur the following penalties: Any charges, fees, 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.
7. NON-DISCRI M I NATION
OWNER shall not discriminate against any prospective or current tenant on the basis
of race, color, religion, sex, national origin, familial status, disability or any other
protected classes under State and Federal fair housing law.
B1 BUILDING CONDITION(S):
CONTACT TIFF ENCINITAS BUILDING DIVISION REGARDING COMPLIANCE WITH THE
FOLLOWING CONDITIONS):
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 plans), 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.
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ITEM NAME: FECHT AFFORDABLE UNIT POLICY
PROJECT NUMBER: 15-289 AUP
MAY 19, 2016
F1 FIRE CONDITIONS:
CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE WITH THE
FOLLOWING CONDITION(S):
F10 OBSTRUCTION OF ROADWAYS DURING CONSTRUCTION: All roadways shall be a
minimum of 24 feet in width during construction and maintained free and clear, including
the parking of vehicles, in accordance with the California Fire Code and the Encinitas
Fire Department.
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-inches high with a 3/8-inch stroke for
residential buildings, 8-inches high with a 1/2-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.
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.
F-15A AUTOMATIC FIRE SPRINKLER SYSTEM-ONE AND TWO FAMILY DWELLINGS: The
entire detached structure (affordable unit and laundry room) shall be protected by
an automatic fire sprinkler system designed and installed to the satisfaction of the Fire
Department. Plans for the automatic fire sprinkler system shall be approved by the Fire
Department prior to the issuance of building permit(s).
F-18 CLASS "A" ROOF: All structures shall be provided with a Class "A" Roof covering to
the satisfaction of the Encinitas Fire Department.
El 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.
EU3 The owner shall be responsible for coordination with S.D.G. & E., AT&T, and other
applicable authorities.
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1TEm NAME: FECHT AFFORDABLE UNIT POLICY
PROJECT NUMBER: 15-289 AUP
MAY 19, 2016
ES1 Street Conditions
ES3 The owner shall make an offer of dedication to the City for all public streets and
easements required by these conditions or shown on the site development plan. The
offer shall be made by execution of a grant deed prior to issuance of any building permit
for this project. All land so offered shall be granted to the City free and clear of all liens
and encumbrances and without cost to the City. Streets that are already public are not
required to be rededicated.
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.
E3 All drawings submitted for Engineering permits are required to reference the NAVD 88
datum; the NCVD 29 datum will not be accepted.
EU4A The existing overhead utilities service to the property shall be undergrounded.
DISCLOSURES
This notice constitutes a decision of the Planning and Building Department only for the
discretionary permit entitlement. 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.
This notice constitutes a decision of the Planning and Building Department only for the
discretionary permit entitlement. 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 1.1 2, the decision of the Planning
and Building Department may be a ealed to the Cit y 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 151h calendar day following the date of this Notice of Decision. Any filing of an
i i i iiiiniuiionnuouninnnumn.r
appeal will suspend this action as well as any processing of permits in reliance thereon in
accordance with Encinitas Municipal Code Section 1.12.420(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.
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ITEM NAME: FECHT AFFORDABLE UNIT POLICY
PROJECT NUMBER: 15-2$9 AUP
MAY 19, 2616
If you have any questions regarding this determination, please contact J. Dichoso, Associate
Planner, at (780) 833-2881 or by email at jq �nos men iii aov; or contact the Planning
and Building Department, 505 South Vulcan Avenue, Encinitas, CA 92024 at (760) 633-2710 or
by email at y in a nciWi t ra scax o
SIGNATURE
Ma 'eet �a u, AI CP.
Actin Direct r of Planning and Building
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