2007-31
RESOLUTION NO. PC 2007-31
A RESOLUTION OF THE CITY OF ENCINITAS PLANNING COMMISSION
APPROVING A BOUNDARY ADJUSTMENT AND COASTAL DEVELOPMENT
PERMIT TO ALLOW A BOUNDARY ADJUSTMENT BETWEEN TWO EXISTING,
LEGAL LOTS FOR THE PROPERTIES LOCATED AT 810 CAPRI ROAD AND
ADJOINING VACANT SITE TO THE NORTH
(CASE NO. 07-125 BA/CDP; APN: 254-163-38 & 39)
WHEREAS, a request for consideration of a Boundary Adjustment and Coastal
Development Permit was filed by Millenaar/Reed & Taylor to allow a lot line adjustment between
two lots, in accordance with Chapters 24.70 (Lot Line Adjustments) and 30.80 (Coastal
Development Permit) of the Encinitas Municipal Code, for the properties located at 810 Carpi Road
and in the Rural Residential 2 (RR-2) zone, Hillside Inland Bluff Overlay (lEBO) Zone and
within the Coastal Zone of the City of Encinitas, legally described as:
(SEE A IT ACHMENT "A")
WHEREAS, the Planning Commission conducted a noticed public hearing on the
application on November 1, 2007, at which time all those desiring to be heard were heard; and
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WHEREAS, the Planning Commission considered, without limitation:
1. The November 1, 2007 agenda report to the Planning Commission with attachments;
2. The General Plan, Local Coastal Program, Municipal Code and associated Land Use
Maps;
3. Any oral evidence submitted at the hearing;
4. Written evidence submitted at the hearing;
5. Project drawings consisting of eight (8) sheets total, including the Lot Line
Adjustment Plat and seven (7) sheets of legal descriptions and plats for the
conveyed land and resultant parcels, all stamped received by the City of Encinitas
on October 16,2007; and
WHEREAS, the Planning Commission made the following findings pursuant to Chapters
24.70 and 30.80 of the Encinitas Municipal Code:
(SEE ATTACHMENT "B")
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Encinitas hereby approves application Case No. 07-125 BA/CDP subject to the following
conditions:
(SEE ATTACHMENT "C")
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BE IT FURTHER RESOLVED that the Planning Commission, in' its independent
judgment, finds that this project is categorically exempt from environmental review pursuant to
Section 15305(a) of the California Environmental Quality Act Guidelines, which exempts lot
line adjustments from environmental review.
PASSED AND ADOPTED this 1 st day of November 2007, by the following vote, to wit:
AYES: Chapo, Felker, McCabe, Steyaert, Van Slyke
NAYS: None
ABSENT: None
ABSTAIN: None
To cCabe, Chair of the
Planning Commission of the
City of Encinitas
ATTEST:
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...../tJ ..A...-
/ Patrick Murphy
, Secretary
NOTE: This action is subject to Chapter 1.04 of the Municipal Code, which specifies time limits
for legal challenges.
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ATTACHMENT" A"
Resolution No. PC 2007-31
Case No. 07-125 BA/CDP
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL A:
THAT PORTION OF LOT 32 AND LOT 33 OF CREST ACRES, IN THE CITY OF
ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
MAP THEREOF NO. 2019, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, MAY 3,1927 DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 32; THENCE
WESTERLY ALONG THE SOUTHERLY LINE THEREOF NORTH 86026'52" WEST
(NORTH 87013' WEST PER SAID MAP NO. 2019) 437.26 FEET; THENCE NORTH
3033'13" EAST (NORTH 2047' EAST) 231.02 FEET TO THE TRUE POINT OF
BEGINNING; THENCE CONTINUING NORTH 3033'13" EAST 216.83 FEET; THENCE
SOUTH 86025'02" EAST (SOUTH 87013' EAST) 180.35 FEET; THENCE SOUTH 3034'58"
WEST 143.73 FEET; THENCE NORTH 86026'19" WEST 71.62 FEET; THENCE SOUTH
3034'58" WEST 73.03 FEET; THENCE NORTH 86026'19" WEST 108.62 FEET TO THE
TRUE POINT OF BEGINNING. .
PARCEL AI:
AN EASEMENT FOR UTILITIES, INGRESS, EGRESS AND DRIVEWAY PURPOSES
OVER, UNDER, ALONG AND ACROSS THE FOLLOWING DESCRIBED LAND:
THAT PORTION OF LOT 32 OF CREST ACRES, IN THE CITY OF ENCINITAS, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2019,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY
3, 1927 DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 32; THENCE
WESTERLY ALONG THE SOUTHERLY LINE THEREOF NORTH 86026'52" WEST
(NORTH 87013' WEST PER SAID MAP NO. 2019) 437.26 FEET; THENCE NORTH
3033'13" EAST (NORTH 2047' EAST) 196.01 FEET; THENCE SOUTH 86026'24" EAST
190.76 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 3033'41 II EAST
35.00 FEET; THENCE SOUTH 86026'19" EAST 267.63 FEET; THENCE SOUTH 16014'28"
WEST 35.86 FEET; THENCE NORTH 86026'31" WEST 259.76 FEET TO THE TRUE
POINT OF BEGINNING.
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PARCELB:
THAT PORTION OF LOT 32 OF CREST ACRES, IN THE CITY OF ENCINITAS, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2019,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY
3,1927 DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 32; THENCE
WESTERLY ALONG THE SOUTHERLY LINE THEREOF NORTH 86026'52" WEST
(NORTH 87013' WEST PER SAID MAP NO. 2019) 437.26 FEET; THENCE NORTH
3033'13" EAST (NORTH 2047' EAST) 90.91 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING NORTH 3033'13" EAST 140.11 FEET; THENCE SOUTH 86026'19"
EAST (SOUTH 87013' EAST) 108.62 FEET; THENCE NORTH 3034'58" EAST 73.03 FEET;
THENCE SOUTH 86026'19" EAST 82.12 FEET; THENCE SOUTH 3033'41" WEST 162.09
FEET; THENCE NORTH 86026'47" WEST 43.29 FEET; THENCE SOUTH 61016'53" WEST
95.58 FEET; THENCE NORTH 86026'19" WEST 66.64 FEET TO THE TRUE POINT OF
BEGINNING.
PARCEL Bl:
AN EASEMENT FOR UTILTES, INGRESS, EGRESS AND DRIVEWAY PURPOSES
OVER, UNDER, ALONG AND ACROSS THE FOLLOWING DESCRIBED LAND:
THAT PORTION OF LOT 32 OF CREST ACRES, IN THE CITY OF ENCINITAS, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2019,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY
3, 1927 DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 32; THENCE
WESTERLY ALONG THE SOUTHERLY LINE THEREOF NORTH 86026'52" WEST
(NORTH 87013' WEST PER SAID MAP NO. 2019) 437.26 FEET; THENCE NORTH
3033'13" EAST (NORTH 2047' EAST) 196.01 FEET; THENCE SOUTH 86026'24" EAST
190.76 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 3033'41 II EAST
35.00 FEET; THENCE SOUTH 86026'19" EAST 267.63 FEET; THENCE SOUTH 16014'28"
WEST 35.86 FEET; THENCE NORTH 86026'31" WEST 259.76 FEET TO THE TRUE
POINT OF BEGINNING.
PARCEL B2:
AN EASEMENT FOR UTILITIES, INGRESS, EGRESS AND DRIVEWAY PURPOSES
OVER, UNDER, ALONG AND ACROSS THE FOLLOWING DESCRIBED LAND:
THAT PORTION OF LOT 32 OF CREST ACRES, IN THE CITY OF ENCINITAS,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF
NO. 2019, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
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COUNTY, MAY 3,1927 DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 32; THENCE
WESTERLY ALONG THE SOUTHERLY LINE THEREOF NORTH 86026'52" WEST
(NORTH 87013' WEST PER SAID MAP NO. 2019) 437.26 FEET; THENCE NORTH
3033'13" EAST (NORTH 2047' EAST) 196.01 FEET; THENCE SOUTH 86026'24" EAST
190.76 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH
86026'24" EAST 35.00 FEET; THENCE SOUTH 3033'41 II WEST 54.05 FEET; THENCE
NORTH 86026'47" WEST 35.00 FEET; THENCE NORTH 3033'41 II EAST TO THE TRUE
POINT OF BEGINNING.
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ATTACHMENT "B"
Resolution No. PC 2007-31
Case No. 07-125 BA/CDP
FINDINGS FOR A LOT LINE ADJUSTMENT
STANDARD: Section 24.70.060 of the Municipal Code provides the application to adjust a lot
line shall be approved unless the parcels resulting from the adjustment will:
1. Create a condition which does not comply with zoning and development regulations. All
parcels resulting from a lot line adjustment shall comply with minimum City
requirements for lot size, dimensions, access, parking and circulation, and all other
applicable development standards established through the zoning and development code.
The lot line adjustment shall also be found to promote available design standards and
guidelines as established through the zoning and development code. The lots resulting
from a lot line adjustment and existing and/or potential development on those lots shall
be found to be within limitations for lot density and intensity of development and use as
established through the zoning and development code.
Facts/Discussion: The applicant proposes to adjust common lot lines between two (2)
existing, legal lots. Parcels "A" and "B" are located in the Hillside Inland Bluff Overlay
(HIBO) Zone. The subject RR-2 zone requires a minimum lot area of21,500 square feet
and minimum lot dimensions of 100 feet in width and 150 feet in depth. The subject lots
will comply with the required standards after the proposed adjustment with removal of
the existing minor accessory structure on Parcel "B" required as per Specific Condition
of Approval SCB. Access, parking, and circulation for the subject lots will be unaffected
by the proposed adjustment.
Conclusion: The Planning Commission finds that the proposed lot line adjustment is
consistent with the standards of the Hillside Inland Bluff Overlay Zone as no additional
development is proposed as part of the lot line adjustment. Any future development of the
parcel would require that slopes over 25% be placed in an open space easement. The
proposed lot adjustment does not create a condition that does not comply with zoning and
development regulations and all parcels of the proposed adjustment comply with the
Municipal Code requirements for lot size, dimensions, access, parking, and circulation,
and all other applicable development and design standards. The proposed density and use
of the project site complies with all applicable Municipal Code standards.
2. Create a condition which does not comply with building regulations.
Facts/Discussion: The existing residential structure on Parcel "A" will comply with all the
required setbacks from the adjusted property lines. Parcel "B" is currently vacant, except
for a minor accessory structure to be removed.
Conclusion: The Planning Commission finds that no aspect of the lot line adjustment will
result in a condition that does not comply with building regulations.
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3. Materially, adversely affect an agreement for the security for the construction of public
improvements.
Facts/Discussion: The proposed boundary adjustment is not adjacent to any proposed
public improvements.
Conclusion: The Planning Commission finds that the adjustment will not materially or
adversely affect any agreement for the construction of public improvements.
4. Extends beyond the City limit boundary.
Facts/Discussion: The subject properties are wholly within the City boundaries.
Conclusion: The Planning Commission finds that the proposed adjustment does not extend
beyond the City boundaries.
5. Requires substantial alteration of any existing improvement or creates a need for any new
improvement.
FactslDiscussion: Existing improvements on the subject lots will be unaffected by the
proposed boundary adjustment. Additionally, the proposed boundary adjustment does not
create a need for any new improvements.
Conclusion: The Planning Commission finds that the proposed adjustment does not require
any alteration of existing improvements or create the need for any new improvements.
6. Adjusts the boundary line between lots that are subject to an agreement for public
improvements, unless the City Engineer finds that the proposed adjustment will not
materially affect such agreement for the security therefore.
Facts/Discussion: The boundary adjustment only affects interior property lines of the
subject lots. No agreement for public improvements will be affected by the proposed
adjustment.
Conclusion: The Planning Commission finds that the adjustment will not affect a boundary
line that may be subject to an agreement for public improvements.
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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
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: The applicant proposes to adjust boundaries between two (2) legal lots. Parcels
"A" and "B" are located in the Hillside Inland Bluff Overlay Zone. The subject lots will
conform to the lot size standards of the subject RR-2 zone. The existing structures on the
subject properties will comply with required setbacks and lot coverage after the
adjustments with removal of the minor accessory structure on Parcel "B" pursuant to
Specific Condition of Approval SCB.
Discussion: Related to finding No.1, the proposed boundary adjustment will be consistent
with the standards of the Hillside Inland Bluff Overlay Zone as discussed above with the
Findings for a Lot Line Adjustment and will comply with all applicable Sections of the
City's Municipal Code, General Plan and certified Local Coastal Program. Related to
finding No.2, no potentially significant adverse impacts to the environment are associated
with the proposed adjustment, and the project is categorically exempt from environmental
review pursuant to Section 15305(a) of the California Environmental Quality Act (CEQA)
Guidelines. Finding No.3 is inapplicable since the project is not located between the sea or
other body of water and the nearest public road.
Conclusion: The Planning Commission finds that 1) the proposed boundary adjustment is
consistent with the certified Local Coastal Program of the City of Encinitas; 2) no
potentially significant adverse impacts to the environment will result and the project is
categorically exempt from environmental review pursuant to Section 15305(a) of the
California Environmental Quality Act (CEQA) Guidelines; and 3) fmding No.3 is not
applicable to the project since the project site is not located between the sea or other body of
water and the nearest public road.
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ATTACHMENT "C"
Resolution No. PC 2007-31
Case No. 07-125 BA/CDP
Applicant:
Location:
Millenaar/Reed & Taylor
810 Capri Road (254-163-38 & 39)
SCl SPECIFIC CONDITIONS:
SC6 This project is conditionally approved as set forth on the application materials dated
received by the City on August 2, 2007; and eight (8) sheets total consisting of the
adjustment plats and legal descriptions for the conveyed land and resultant parcels, dated
received by the City on October 16, 2007, all designated as approved by the Planning
Commission on November 1, 2007, and shall not be altered without express authorization
by the Planning and Building Department.
SCA All legals and plats shall be revised to be in their final correct form to the satisfaction of
the Engineering Services Department and the Planning and Building Department prior to
recordation of the Certificate of Compliance.
SCB The existing minor accessory structure located on the southeast portion of Parcel "B" in
close proximity to the lot line to be adjusted shall be removed/demolished to the
satisfaction of the Planning and Building Department prior to Certificate of Compliance
recordation.
Gl STANDARD CONDITIONS:
CONTACT THE PLANNING AND BUILDING DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITION(S):
Ml 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.
BAl Completion of this lot line adjustment shall require the recordation of a Certificate of
Compliance. New legal descriptions reflecting the adjusted parcels shall be prepared to the
satisfaction of the Planning and Building Department. Pursuant to Municipal Code Section
24.70.11 0, a subdivision map of record reflecting the boundaries resulting from this action
may serve as a substitute for a Certificate of Compliance.
BA2 In accordance with Section 66412(d) of the California Subdivision Map Act, deeds
reflecting this lot line adjustment shall be recorded in the Office of the County Recorder.
Conformed copies of the deeds shall be presented to the Planning and Building Department
prior to the preparation of the Certificate of Compliance referenced in Condition BAl,
above.
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BA3 This approval will expire in two years, on November 1, 2009, at 5:00 p.m., permitting time
to record a Certificate of Compliance, unless the conditions have been met or' an extension
has been approved by the authorized agency.
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.
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