2002-060City of Encinitas
COMMUNITY DEVELOPMENT DEPARTMENT
505 So. Vulcan Ave.
Encinitas, CA 92024
(760) 633-2710
NOTICE OF DECISION
DCD-2002-60
June 28, 2002
This letter is to inform you that the Director of Community Development has approved your
application for:
02-067 BA/CDP (Scripps Health) -Boundary Adjustment and Coastal Development
Permit application to rescind 93-203 CC and adjust lot lines between four legal lots. These
properties are located at 900 Santa Fe Drive in the R8 (Residential 8) Zone and within the
Coastal Zone. (APNs 259-280-21, -22, -23, -42)
Project Description and Discussion: The applicant proposes to rescind 93-203 CC, a certificate
of compliance consolidating four lots, and to adjust the boundaries between the four lots. 93-203
CC contained a provision allowing the applicant to petition the City to rescind the 4-lot
consolidation if evidence could be provided that the consolidation was no longer necessary. The
consolidation was performed to allow the legal, nonconforming hospital use on APN 259-280-42
to construct and utilize a parking lot and driveway on the adjacent vacant parcels (259-280-21, -
22, -23). This approval will be conditioned such that the applicant provide a single driveway
access to Santa Fe Drive for the hospital use's main parking lot adjacent to the building and the
separate parking lot to replace the existing access and comply with zoning requirements.
Because the existing access to Santa Fe Drive does not comply with Engineering line-of--sight
standards and presents a potential traffic safety issue, the condition will include a provision that
the existing access to Santa Fe Drive be abandoned and access to both parking lots be at a single
point complying with all applicable standards. The approval will also be conditioned such that
the area disturbed by the driveway relocation shall be landscaped to the satisfaction of the
Community Development Department.
The proposed adjustment will adjust the lines between the four lots after rescission of the lot
consolidation to separate the hospital and its parking lots from three approximately %2-acre vacant
lots. Section 30.16.O10A of the Municipal Code specifies a minimum lot area of 5,400 square
feet and minimum lot dimensions of 60 feet in width and 90 feet in depth for the subject R8
Zone. The subject lots after adjustment will comply with all applicable development standards
pertaining to lot area and dimensions. The vacant lots will be suitable for single-family
residential development in compliance with the standards of the subject R8 Zone. All building
setbacks for the hospital use will be maintained above minimum standards. Access, parking and
circulation of the subject lots will not be significantly impacted by the proposed boundary
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adjustment. This adjustment will be completed with the recordation of a Certificate of
Compliance to be prepared by the City of Encinitas.
The applicant conducted a Citizen's Participation Program (CPP) in accordance with Chapter
23.06 of the Municipal Code. An incorrect mailing of the CPP on April 8, 2002 required a
second mailing on May 15, 2002. A two-week comment period was provided. The applicant's
CPP report of June 13, 2002 indicates that one response was received expressing concern about
potential development of the subject property with multiple-family units. The subject R8 Zone
does not allow multiple-family units as a permitted use.
A standard public notification was issued for the project, which allowed fora 10-day comment
and review period. Two responses were received from one concerned neighbor. Concerns were
expressed regarding potential development of the subject property with multiple-family units,
potential view impacts associated with the proposed boundary adjustment and traffic safety on
Santa Fe Drive. As discussed above, the underlying zoning designation (R8) does not allow
multiple-family units as a permitted use and the driveway will be relocated to address safety
concerns. Because there is no development proposed at this time beyond the relocation of the
driveway, there is no potential impact to views directly related to the proposed boundary
adjustment. Future development on the subject property will be subject to review by the City.
Potential view impacts will be addressed when development is proposed.
This approval is based on the following findings:
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 that 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 lots of the proposed adjustment comply with all development
standards pertaining to lot area and dimension. The project will be conditioned such that
access, parking and circulation changes be required to comply with Municipal Code
standards. All building setbacks will be maintained above minimum standards.
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Conclusion: The Community Development Department finds that the proposed boundary
adjustment does not create a condition that does not comply with zoning and
development regulations and that 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: One of the subject lots is developed with a hospital use permitted and
constructed prior to the incorporation of the City. The three remaining lots will be vacant.
The hospital use will not be altered or impacted by the proposed adjustment.
Conclusion: The Community Development Department finds that no aspect of the
adjustment will result in a condition that does not comply with building regulations.
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 Community Development Department 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 Community Development Department 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.
Facts/Discussion: Other than providing a driveway in compliance with Municipal Code
standards, existing improvements on the subject lots will not be affected by the proposed
boundary adjustment and no new improvements are required.
Conclusion: The Community Development Department finds that the proposed adjustment
does not require any substantial alteration of existing improvements or create the need for
any new improvements.
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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 therefor.
Facts/Discussion: The boundary adjustment only affects interior property lines of the
subject lots.
Conclusion: The Community Development Department finds that the adjustment will not
affect a boundary line that may be subject to an agreement for public improvements.
Environmental Review: The project is determined to be exempt from Environmental Review as
per Sections 15301(c) and 15305(a) of the California Environmental Quality Act Guidelines,
which exempt minor alterations to existing streets and similar facilities where the activity will
not involve removal of a scenic resource and lot line adjustments from environmental review,
respectively.
This approval is subject to the following conditions:
SC1 SPECIFIC CONDITIONS:
SCA This project is conditionally approved as set forth on the application materials and
adjustment plat and legal descriptions dated received "by the City on June 13, 2002, all
designated as approved by the Community Development Director on June 28, 2002. The
approved plat and legal descriptions shall not be altered without the express authorization of
the Community Development Department.
SCB Prior to recordation of the certificate of compliance, an original legal description with the
verifiably original wet stamp and signature of the surveyor must be submitted for
recordation to the satisfaction of the Community Development Department.
SCC To comply with current zoning and building regulations, prior to recordation of the
certificate of compliance, the applicant shall prepare a plan that eliminates the existing
access points to Santa Fe Drive and Evergreen Drive and provides a single access drive to
Santa Fe Drive to the satisfaction of the Community Development Department and the
Engineering Services Department. A bond estimate for such work shall be submitted,
reviewed, approved and accepted prior to recordation of the certificate of compliance.
SCD Prior to issuance of the grading permit, the applicant shall submit a landscape plan for the
areas disturbed by the relocation and construction of the driveway to the satisfaction of the
Community Development Department. Said landscape plan shall comply with all
Municipal Code requirements. Prior to final inspection of the grading permit, the proposed
landscaping shall be installed to the satisfaction of the Community Development
Department.
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G1 STANDARD CONDITIONS:
CONTACT THE COMMUNITY DEVELOPMENT 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.
GS 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.
L3 All parking areas and driveways shall conform with Chapter 30.54 of the Municipal Code
and the City's Offstreet Parking and Design Manual incorporated by reference therein.
BA1 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 Community Development Department. Pursuant to Municipal Code
Section 24.70.110, a subdivision map of record reflecting the boundaries resulting from this
action may serve as a substitute for a Certificate of Compliance.
BA3 This approval will expire in two years, on June 28, 2004, 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.
E1 ENGINEERING CONDITIONS:
CONTACT THE ENGINEERING SERVICES DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
E2 All City Codes, regulations, and policies in effect at the time of building/grading permit issuance
shall apply.
EA A grading permit shall be obtained unless the proposed grading is exempt under Section
23.24.090 of the Municipal Code.
This notice constitutes a decision of the Community Development Department only. Additional
permits, including Building Permits, may be required by the Building Department 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 1.12, this decision may be appealed
to the City Council within ten (10) calendar days of the date of this determination. The appeal must
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be filed, accompanied by the appropriate filing fee, prior to 5:00 p.m. on the 10"' calendar day
following the date of this notice of decision.
If you have any questions regarding this determination, please contact Kerry Kusiak at the
Community Development Department by telephoning (760) 633-2719.
Patrick Murphy
Community Development Director
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