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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 CD/KK/g:\Nod\02-067bacdp.nod - 1 - 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. CD/KK/g:\Nod\02-067bacdp.nod - 2 - 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. CD/KK/g:\Nod\02-067bacdp.nod - 3 - 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. CD/KK/g:\Nod\02-067bacdp.nod - 4 - 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 CD/KK/g:\Nod\02-067bacdp.nod - 5 - 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 CD/KK/g:\Nod\02-067bacdp.nod - 6 -