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.
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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.
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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 & 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:
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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
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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
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