2020-20084 DOC# 2020-0020084
�e II I I I II I I II II II II I I II I II I I I I II
When Recorded Mail To )
And Recording e : Jan 14, L R 03:54 PM
g uested B Requested ) OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $26.00 (SB2 Atkins: $0.00)
City Clerk ) PAGES: 5
City of Encinitas )
505 S. Vulcan Avenue )
Encinitas, CA 92024 )
SPACE ABOVE FOR RECORDER'S USE
NOT APPROVED FOR DEVELOPMENT
CERTIFICATE OF COMPLIANCE
(Section 66499.35 of the Government Code)
IN COMPLIANCE:
The Development Services Department of the City of Encinitas has determined that the parcel
of real property described below has been divided or has resulted from a division in compliance
with the Subdivision Map Act and with provisions of the City of Encinitas Municipal Code. The
parcel described herein may be sold, leased, or financed without further compliance with the
Subdivision Map Act or any local ordinance enacted pursuant to the Act. Development of the
parcel may require issuance of a permit or permits, or other grant or grants of approval.
This Certificate of Compliance consolidates the two underlying lots located at 2148 & 2150
Glasgow Avenue into one lot and for the conversion of an existing duplex development into a
condominium form of ownership in accordance with Section 1351 of the California Civil Code
and Chapter 24.40 of the Encinitas Municipal Code. All underlying lots are located within the
zone designation of Residential 11 (R-11), with a 3,950 square foot minimum lot size
requirement. The lot consolidation will result in a lot size of 5,000 square feet, and will comply,
except for the nonconformities listed below, with all standards set forth in the Residential 11
Zone including lot width, lot depth, and lot coverage.
The duplex was approved in 1972 at a height that exceeds the current maximum height limit for
residential structures per EMC Chapter 30.16 (Residential Zones). The standard height limit for
residential buildings as measured from the lower of the existing or finished grade 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 two stories. Based upon the elevations, the duplex is a three-story, 27-foot
high structure on the alley side (west elevation), which exceeds the two-story maximum, as well
as the 22-foot height limit for flat roofs. Since the duplex was legally permitted by the County of
San Diego prior to the City's incorporation in 1986, all portions of the duplex that exceed the
height limit of two stories or 22 feet is rendered legal nonconforming in accordance with EMC
Chapter 30.76 (Nonconformities). The existing legal nonconformity will not be expanded or
enlarged as a result of this project.
The applicant has also documented that the existing side yard setbacks and floor area ratio are
legal non-conforming. The existing exterior stairs, which provide access to the dwelling units,
encroach into the required 5-foot side yard setbacks on either side of the structure. The existing
floor area ratio is 0.62, which exceeds the allowable 0.60 for the R-11 zone. The applicant is not
proposing any improvements and is maintaining the 3-dimensional nonconforming envelope.
The project will not be expanding the size or height of the existing structure in accordance with
the nonconformity regulations. In accordance with EMC Section 30.76.050, the applicant can
PBD\DH\T:\COC\18-078 COC(Wallace)
maintain the existing legal nonconformities as long as they are not enlarged, relocated or
increased in intensity.
It has been determined that the subject property meets the standards for the conversion of real
property to condominiums pursuant to Chapter 24.40 (Conversion of Residential Property) of
the City of Encinitas Municipal Code.
Owner/Applicant: Michael W. Wallace, Trustee of the Michael W. Wallace Trust,
dated June 26, 2017
Legal Description: See attached Exhibit "A" (1 sheet attached)
Lot Consolidation Plat: See attached Exhibit "B" (1 sheet attached)
NOTE: The legal description in Exhibit "A" and the plat map in Exhibit "B" are provided by the
owner of the property, and neither the City of Encinitas nor any of its officers or employees
assumes any responsibility for the accuracy of said description.
This Certificate of Compliance shall in no way affect the requirements of any City, County,
State, Federal, or local agency that regulates development of real property.
Case No. 18-007 PMW/CDP (DSD 2018-34; approved on June 19, 2018) & 18-078 COC
Assessor Parcel No.: 260-412-34-00
Date: January 14, 2020
BY:
oy S pa'u, City Planner
'ty of nc nitas
(Not ri ation of City signature attached.)
PBD\DH\T:\COC\18-078 COC(Wallace)
EXHIBIT A
LEGAL DESCRIPTION
CONDOMINIUM CONVERSION AND LOT CONSOLIDATION
BEING LOTS 13 & 14 IN BLOCK 41 MAP 1334 FILED, MAY 10, 1911, AND AS RECORDED IN
THAT CERTAIN GRANT DEED 2017-0290060 O.R., FILED JUNE 27, 2017 BOTH IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY.
CONTAINING 5,000 SQUARE FEET, MORE OR LESS.
THE ORIGINAL LOTS ARE CONSOLIDATED INTO ONE LOT AND MAY NOT BE CONVEYED
SEPARATELY WITHOUT FILING A PARCEL MAP OR SUBDIVISION MAP.
ATTACHED HERETO IS A DRAWING LABELED EXHIBIT 'B' FOR ILLUSTRATION PURPOSES
AND BY THIS REFERENCE MADE A PART HEREOF.
ANDREW G`%ARYD , P.L.S. DATE CNa� NANO
LICENSE NO. 7442GF�� G
O
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No. 7442
Page 1 of 1
Nor>r: EXHIBIT B
�+isRanls ace>*nw�au �► e`-� CONDOMINIUM CONVERSION
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LOT C O N S O L I D A T I O N
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I ` N58'50'00"E 100.00'
I PROPOSED
BOUNDARY z
z LOT 13 EXISTING
BOUNDARY O
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° LOT 14 _
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15' N58'50'00"E 100.00' 20'
I
LOT 13 & 14:
AREA: 0.11 AC. NET
APN# 260-412-34-00 NOTE:
LEGAL: LOT 13 AND 14 IN BLOCK 41, BEARING AND DISTANCES ARE
TR 1334, PER GRANT DEED 2017-0290060 O.R., FROM RECORD MAP 1334
FILED JUNE 27, 2017. AND SHOWN HEREON FOR
ZONING: R-2: MINOR INFORMATION PURPOSES.
LOT. SIZE: 0.1 1 AC
SETBACKS REQUIREMENTS SCHEDULE "A"
FRONT YARD (40' WIDE STREET WIDTH) = 20' FROM SCALE: 1" = 20'
STREET CENTERLINE 0 20' 40'
INTERIOR SIDE YARD = 5'
STREET SIDEYARD (MEASURED FROM LOTLINE) = 10' LEGEND:
REAR YARD (MEASURED FROM LOTUNE) = 10' PROPOSED PROPERTY LINE
EXISTING PROPERTY LINE -
PARCEL A: OWNER(S) MICHAEL W. WALLACE, TRUSTEE OF (BEARINGS AND DISTANCES SHOWN HEREON
THE MECHAEL W. WALLACE TRUST, ARE DERIVED FROM TRACT MAP 1334.)
DATED JUNE 26, 2017
ADDRESS: 2148 GLASGOW AVE
CITY: CARDIFF STATE: CA ZIP: 92007 PREPARED BY: SAN DIEGUITO ENGINEERING, INC.
PHONE: (619)-890-8954 ADDRESS: 462 STEVENS AVENUE, SUITE 305
THIS PLAT WAS PREPARED WITH M / CITY: SOLANA BEACH STATE: CA ZIP: 92075
OUR KNOWLEDG AND CONSENT PHONE: (858) 345-1149
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MICHAEL`W. WALLACE, TRUSTEE ; ANDREW G. RYDE LS 7442 DATE:
SAN DIEGUITO ENGINEERING, INC
462 STEVENS STREET,SOIIE 305
80LANA BEACH CA 92075 HEREINABOVE MENTIONED LOTS 13 AND 14 ARE
PH (838) 345-1140 ww w.sdeinacom
CONSOLIDATED INTO ONE PARCEL AND MAY NOT BE CONVEYED
CIVIL ENGINEERING • PLANNING SEPARATELY WITHOUT RECORDING AN APPROVED PARCEL MAP
LAND SURVEYING OR SUBDIVISION MAP.' SHEET 1 OF 1
U:\1DATA\-PR0JECTS\5798 FECHTOR GLASGOW\CAD RLES\5798 PARCEL MAP WAIVER PLAT-R03.DWG 2018-02-28
'ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of Calif is
County of SS.
On Ok' \Lk' before me, C_XRcu , Notary Public,
DATE
personally appeared o_ ()o proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the
DEANA GA person(s) acted, executed the instrument.
Y
Z COMM.#2206986
SAN DIEGO COUNTY I certify under PENALTY OF PERJURY under the i
NOTARY PUBLIC-CALIFORNIAZ laws of the State of California that the foregoing
MY COMMISSION EXPIRES
AUGU4QT23,2o2I paragraph is true and correct.
WIT SS y hand and official seal.
00
PLACE NOTARY SEAL IN ABOVE SPACE NOTARY'S SIGNATURE
OPTIONAL INFORMATION
The information below is optional. However,it may prove valuable and could prevent fraudulent attachment
of this form to an unauthorized document.
CAPACITY CLAIMED BY SIGNER(PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT
❑ PARTNER(S) TITLE(S)
ATTORNEY-IN-FACT NUMBER OF PAGES
❑ GUARDIAN/CONSERVATOR
SUBSCRIBING WITNESS
DATE OF DOCUMENT
F-1
OTHER:
OTHER
SIGNER(PRINCIPAL)IS REPRESENTING: RIGHT r
NAME OF PERSON(S)OR ENTITY(IES) THUMBPRINT
OF
SIGNER =
APA01/2015 NOTARYBONDS,SUPPLIES AND FORMS AT HTTP://WWW.VALLEY-SIERRA.COM C 2005-2017 VALLEY-SIERRA INSURANCE