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2003-096 City of Encinitas PLANNING & BUILDING DEPARTMENT 505 So. Vulcan Ave. Encinitas, CA 92024 (760) 633-2710 NOTICE OF DECISION PBD 2003-96 November 24, 2003 This letter is to inform you that the Planning & Building Director has approved your application for: 03-081 BA/CDP (Hansen) - Boundary Adjustment, Certificate of Compliance and Coastal Development Permit application to allow adjustment of lot lines between three legal lots and to consolidate two existing lots. These properties are located at 1105 & 1205 South Coast Highway 101 and within the D-CM-l (Downtown Encinitas Specific Plan Commercial Mixed-I) zone and the Coastal Zone. (APNs 258-312-03, -11 & -13) Project Description and Discussion: The applicant proposes a boundary adjustment between Parcel A (APN: 258-312-13) and Parcel B (APN: 258-312-11), and a lot merger between Parcel A (APN: 258-312-13) and Lot 13 (APN: 258-312-03). The project consists of adjusting the easterly half of the existing southerly property line of Parcel A to include the existing northerly portion of Parcel B as part of Parcel A. In addition, the applicant proposes to merge Lot 13 and its entirety with Parcel A (APN: 258-312-13). The applicant previously applied for and received approval of a Certificate of Compliance (Case No. 91-193 BA/CC, with a Certificate of Compliance recorded with the County of San Diego on October 13, 1993) to create Parcel A and Parcel B. Parcel A is developed with a sports products retail business and associated offices and ancillary facilities. The existing structures comply with the required side, rear and front yard setbacks. Parking areas to accommodate uses on Lot 9-12 in addition to the existing retail, restaurant and automotive towing yard uses on site currently utilizes Parcel B. Lot 13 is currently occupied with storage structures to be removed. Section 3.2.3A4 of the Downtown Encinitas Specific Plan specifies a minimum lot area of 3,200 square feet and minimum lot dimensions of 40 feet in width and 80 feet in depth for the subject D-CM-l zone. The proposed lots resulting from the boundary adjustment comply with the required standards for lot area and dimensions. Parcel A will result in an approximately 60,900 gross lot area which includes the area of an existing right-of-way easement adjacent to its most westerly property line. Parcel B will be approximately 37,004 gross lot area. This adjustment will be completed with the recordation of a certificate of compliance to be prepared by the City of Encinitas. Prior to recordation of the certificate, the applicant will be required to make minor revisions to the boundary adjustment plat subject to Planning and Building Department approval. CD/RS/g:\Nod\03-081 bacdp - 1 - Storage units located on the most northern portion of Parcel B shall be removed prior to the recordation of the Certificate of Compliance. A standard public notification, which allowed for a 10-day comment and review period, was issued for the project. One letter was received, but no objections were raised. This approval is based on the following fmdings: 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 regulation. 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 lot lines between two existing lots and to approve a lot merger between Lot 13 and Parcel A. The subject D-CM-l zone requires a minimum lot area of 3,200 square feet and minimum lot dimensions of 40 feet in width and 80 feet in depth. The proposed lots comply with the required standards. Access, parking, and circulation for the subject lots will be unaffected by the proposed adjustments. Conclusion: The Planning & Building Department finds that the proposed boundary adjustment and lot merger does not create a condition that will not comply with zoning and development regulations. All parcels of the proposed adjustment/merger 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: Existing sports products retail business and associated offices and ancillary facilities on Parcel A will comply with setbacks from the newly adjusted property line. Conclusion: The Planning & Building Department finds that no aspect of the adjustment will result in a condition that does not comply with building regulations. CD/RS/g:\Nod\03-081 bacdp -2- 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 & Building 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 Planning & Building Department finds that the proposed adjustments do not extend beyond the City boundaries. 5. Requires substantial alteration of any existing improvement or creates a need for any new improvement. Facts/Discussion: 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 & Building Department fmds 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 therefor. 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 & Building Department fmds that the adjustment will not affect a boundary line that may be subject to an agreement for public improvements. FINDINGS FOR A COASTAL DEVELOPMENT PERMIT STANDARD: Section 30.80.090 of the Municipal Code provides that the authorized agency must make the following fmdings of fact, based upon the information presented in the application and during the Public Hearing, in order to approve a coastal development permit: CD/RS/g:\Nod\03-081 bacdp -3- 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 lot lines between two existing lots and to approve a lot merger between Lot 13 and Parcel A. Discussion: Related to finding No.1, the proposed boundary adjustment complies with or is conditioned to comply with the City's Local Coastal Program and the Municipal Code. Related to fmding 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 & Building Department 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) finding 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. Environmental Review: The project is determined to be exempt from Environmental Review as per Section 15305(a) of the California Environmental Quality Act Guidelines, which exempts lot line adjustments from environmental review. This approval is subject to the following conditions: SCl SPECIFIC CONDITIONS: SCA This project is conditionally approved as set forth on the application materials, adjustment plat and legal descriptions dated received by the City on April 08, 2003, all designated as approved by the Planning & Building Director on November 24, 2003. Approved plans CD/RS/g:\Nod\03-081 bacdp -4- shall not be altered without the express authorization of the Planning & Building Department. SCB Storage units located on the most northern portion of Parcel B shall be removed prior to the recordation of the Certificate of Compliance. Gl STANDARD CONDITIONS: CONTACT THE PLANNING & 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. 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. 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 & Building 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 November 24, 2005, 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. This notice constitutes a decision of the Planning & Building 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 be filed, accompanied by the appropriate filing fee, prior to 5 :00 p.m. on the 10th calendar day following the date of this notice of decision. This decision may not be appealed to the California Coastal Commission. If you have any questions regarding this determination, please contact Roy Sapau at the Planning & Building Department by telephoning (760) 633-2734. ~(I C~~AA..,a.A L Patrick Murphy Planning & Building Director CD/RS/g:\Nod\03-081 bacdp -5-