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2018-35 - EGCMOF t /fq E ... .... ..... ncini a LDWENTSERfIESDEPARTME Mect 4ame: Lackritz Affordable Units i%OTICE OF DECISIOPI Request: Legalize an unpermitted two-unit structure Ministerial Action: Affordable Unit Policy CEQA Determination: ExemlM 01 *0114 rol a a 060 A -01 Project Number: 17-124 AUP DSD Number: 2018-35 1 10 *.Titel F-IngMIT11MYTIT-TIN Community: Leucadia Fag ffcyj��X Applicant: it Lackritz Representative; Bart Smith, DZN Partners Decision Date: September 20, 2018 The applicant proposes to legalize an unpermitted, attached two-unit structure on a On- containing three other legal dwelling units pursuant to the terms and requirements of the AU The unpermitted units may be legalized under the Affordable Unit Policy (AUP) provided t applicant: I 1. Verifies that the units existed prior to January 1, 2004 and have been continuously maintained as a dwelling units since that time; 2. Brings the unpermitted units into compliance with current California Building (CBC) and Fire (CFC) Codes; and 3. Agrees to designate the units as affordable housing units for "low" income households. v�3 MMSEM��� The project is ■ a nearly level legal lot that is similar in size to other lots in the vicinity. Acce' to the site is made directly from East Glaucus Avenue. Public improvements and utility servic] are available to se-ve-tWe site. Adjacent Area General Plan & Community Character str c Context Inland-Residential Gridded DILIDlex Inland-Residential Gridded Inland-Residential Gridded A I The City of Encinitas General Plan includes a number of goals and policies �Ihat guldM development and land use within the City, A discussion of how the project is consistent wi applicable General Plan policies is summarized below: i RUE fUM7= - V =*,77-, MW = Below is a table summarizing how the proposed project meets the applicable zoning standari for the R8 zone. Pevelop ent Standard ............. Proll:)osed Pr9ject Net Lot A a — 5,400 siquare feet 22,500 siouare feet �!?j YVidth — 60 feet_ it Depth — 90 feet Fron!� - 25 feet M is Side-yard Setback (Interior) — East— 5 feet 5/10 feet West — 41 feet R- ii back — 25 feet .................................................................................................................................................................................................................. Lot Coverage ..... . ... Aq 0 ....................... Floor Area Ratio 0.6 ....... ... .......... Building Hei , ht — 22 fe e t 53 ........................................................................................... e 15 fet ................................................................................................................................................................... Q0 Parking Two parking spaces within No garage is provided for either unit a garage are required for home less the two-unit structure. than 2,500,11 souare feet. ;7SeeLegaI nonconforming discussion below. Apart from the legal nonconformities, the project complies with all applicable policies of the General Plan, Local Coastal Program, and provisions • the Encinitas Municipal Code (EMC) including development standards for the R8 zone and existing legal nonconformities. Thd project is required to comply with all applicable building and fire codes through the standard building permit plan checking process. 51 =511 M =I- I EMMAITJ I *14M141 10irtRal IZA I$] Igo] ](oil# a jV40LzI 2. Side-yard setback. A porUon of the two-unit structure along the east elevation encroaches approximately five feet into the required 10-fo4t side -yard setback along the eastern property line. 3. No two-car garages. EMC 30.54.030A (Schedule of Required Off-Street Parking) requires a two-family attached structure to have two enclosed parking spaces for each unit. The two-unit structure lacks a garage for each unit. Therefore, the lack of a garage for each unit is legal nonconforming. rgof;�Mrvml IrU__�M 11"urmil Mae I MaMMUMEM .3 =.. A Any future tenants shall qualify as "low" income (80% of the Regional Median Household Income) with verification of income level annually. Additionally, the owner shall comply with the maximum affordable rent level for a "low" income unit. The property owner shall record a covenant setting forth that the unit be reserved as affordable housing for "low' income households for 20 years. :111 "-JX 14291*111143;W-11 ►1, 1 OW-.1 1.% 1 lig 11 NI ki Affordable Unit Policy (AUP) projects qualify as a ministerial action and therefore, this project is exempt from the provisions of Chapter 23.06 (Citizen Participation Plans) and the public notice requirements of Title 30 (Zoning). The project has been determined to be exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15268(a), which exempts ministerial projects from environmental review. The project meets the criteria for the exemption. The project does not qualify as one of the exceptions prescribed under Section 15300.2 of the CEQA Guidelines and no historic resources are affected by the proposed project. CT- 111kTrOlO Based on the findings for the City Affordable Unit Policy adopted by the City Council on May 18, 2016 and the aforementioned analysis, the Development Services Department has made the following findings to support the approval, with conditions: —Ings'—for Affordable Unit Policy Explanation of Finding 1 The applicant must verify that the ... .. . .......................... ....... . .... . .......... . ... . .... A building permit application for the relocation of n of units existed prior to January 1, 2004 the two-unit structure to the project site was dated ted and have been continuously July 25, 1985. The two-unit structure existed sted maintained as a dwelling units since onsite prior to January 1, 2004. The applicant has that time; 101'1,TrQ-K02hUJL L lk i been maintained as dwelling units since before January 1, 2004. 2. The applicant must brii:6­ e_ r j'ett compiles with all applicable policies"of unpermitted units into compliance the General Plan, Local Coastal Program, and with current California Building (CBC) provisions of the Encinitas Municipal Code and Fire (CFC) Codes; and including development standards for the R8 zone and existing legal nonconformities. The project is conditioned to comply with all applicable Building and Fire codes through the standard building permit,plan checking process. 3. The applicant must agr'ee to ............... .... . ........... Prior to building permit issuance, the proper—ty7 designate the units as affordable owner is required to enter into and record a housing units for "low" income covenant agreeing to the Affordable Unit Policy households. Program conditions including reservation as affordable dwelling units under the terms specified therein and set forth in Specific Conditions AU1 through AU7 herein. ............... 0 0 SC6 This project is conditionally approved as set forth • the application and project drawin stamped received by the City on September 19, 2018, consisting of four shee including, Site Plan (a.00), Floor Plan/Demolition Plan (a.01), Elevation s/Section (a. 0 and Roof Plan (s.01), all designated as approved ■ the Development Services Director on September 20, 2018, and shall not be altered without express authorization by the Development Services Department. SC8 This approval shall expire on March 20, 2019 at 6:00 p.m., six months after approval 6-11 this project, unless all permits and final occupancy are obtained for the unpermitt conversion. ^f 6004-M r'Vk1==91 �Wiqs QCC The following conditions shall be completed and/or fulfilled to the satisfaction of the San Dieguito Water District (SDWD): CONTACT THE DEVELOPMENT SERVICES REGARDING COMPLIANCE WITH THJ FOLLOWING CONDITION(S): 111romm If 01, �021 X 1111 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 Development Services Director. G6 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 speccally waived herein. G13 Prior to any use of the project site pursuant to this permit, all conditions of approv; contained herein shall be completed or secured to the satisfaction of the Developme Services Department. I Affordable Unit Policy (AUP) Prociram Conditions AW Prior to building permit issuance, the owner(s) shall enter into and record a covena agreeing to the following: 11 .ii 10 1 # I I . - - - 161TW11 MiWaTs - 0 0 0 raMn. FlUriffirill --- a-- a AU2 Prior to building permit issuance, the owner(s) shall enter into and record a covena said covenant shall set forth the following: I The units shall comply with health and safety standards as set out in EMC Chapter-s 10.04 (Calif■ rnia Fire Code) and 23.12 (Uniform Codes for Construction), and shall be maintained as per the plans submitted and approved by the Development Services Department. 11 R M NAM 11MIN 11411141M MI a . 171 a 1 IlY 111111111111DOITY1 ilk 1 :1 "Win IM, I I - I I - ,«.a .- 0 0 -, I -- - D. The maximum monthly rental rate to be charged for the AFFOR A"L Is Sc DWELLING UNITS shall be consistent with Income and Ren (.Zdull published by CITY and based on thirty percent (30%) of eighty percent (80%) AMI, minus an allowance for tenant-paid utilities. The CITY shall publish thil illino a wing 0 Income and Rent Schedule and Utty Allowance Schedule annually and make available on the CITY's website and at the public counter of the Development Services 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. HUMV4 PI[I ME61 I H 11 'M - A IMMI . 9 Z 4 10161011101"A Rai I- 11i'11111 1111, 11111 jg!! ififf Zillim ME qI 01 1:1�ti 12t-FESE1 I _V] lure] Z101 CONTACT THE FIRE DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): F15A AUTOMATIC FIRE SPRINKLER SYSTEM-ONE AND TWO FAMILY DWELLINGS: Structures 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 installation. This notice constitutes a decision of the Development Services Department only for t discretionary entitlement. Additional permits, such as Building and Grading Permits, may required by the Development Services Department or other City Departments. It is the prope owner and applicant's responsibility to obtain all necessary permits required for the type project proposed. I EI'i N 1 T-A i I J 6*1 R� *Sa'u Ity I City I ner