2003-101
City of Encinitas
PLANNING & BUILDING DEPARTMENT
505 So. Vulcan Ave.
Encinitas, CA 92024
(760) 633-2710
NOTICE OF DECISION
PBD-2003-101
December 4, 2003
This letter is to inform you that the Planning & Building Director has approved your application
for:
03-097 BA/CDP (Cordova) - Boundary Adjustment and Coastal Development Permit
application to adjust property lines for two (2) existing subdivided lots (Parcel A and Parcel
B of Parcel Map 18758). The properties are located at 902 Encinitas Boulevard and are
zoned RR-l (Rural Residential 1 ). (APN 259-131-57 and -58)
Project Description and Discussion: The applicant proposes a boundary adjustment between
two existing legal lots. The lots were created by the above referenced Parcel Map No. 18758,
filed in the office of the San Diego County Recorder on July 23, 2001. Parcel A is developed
with a horticulture and nursery-sales type of business and Parcel B is developed with a single-
family residence with a detached garage. The horticultural sales activities associated with Parcel
A are covered by Minor User Permit and Coastal Development Permit approvals issued in 1997
(97-071 MIN/CDP).
Section 30.16.010 of the Municipal Code specifies lot standards for the RR-l zoning district as
one (1) acre minimum lot area, and minimum lot dimensions of 110 feet in width and 150 feet in
depth. The existing lot areas are 2.12 gross acres and 1.94 net acres for Parcel A, and 1.01 gross
acres and 1.00 net acres for Parcel B. Both Parcels are affected by private road and utility
easements that result in their reduced net areas. The proposed boundary adjustment will
maintain the existing lot areas. In addition, the proposed lot adjustments will result in lot
dimensions that exceed the minimum standards consistent with the existing lot dimensions and
lot configurations.
With regard to structural setbacks and lot coverage, the existing developed conditions of the lots
exceed the minimum setbacks (30 feet front yard, 15 feet side yard, and 25 feet rear yard). The
proposed lot adjustments will result in setbacks that continue to exceed the minimum setbacks.
The existing lot coverages for each lot meet the maximum area limitation of 35%. Since the
proposed lot adjustments will maintain the existing lot areas, the existing lot coverage will not be
affected. Lastly, the Code requirements for the minimum width of "panhandle" or "flag lot"
access is 20 feet wide. The existing panhandle access for Parcel B is greater than 22 feet and this
will remain unchanged under the proposed boundary adjustment.
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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 adjustmentwill:
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 (2) existing lots
within the RR-I zoning district. The existing lot areas, dimensions, panhandle access,
and setbacks affecting the existing structures on the subject lots meet or exceed the
minimum Code requirements. The proposed lot adjustments will result in lot and
property conditions that continue to meet or exceed the Code requirements.
Conclusion: The Planning & Building Department finds that the proposed boundary
adjustment does not create a condition that will not comply with zoning and development
regulations. All parcels of the proposed adjustment comply with the applicable
Municipal Code requirements for lot size, dimensions, access, structural setbacks, and all
other applicable development and design standards.
2. Create a condition which does not comply with building regulations.
Facts/Discussion: Both lots are developed with structures that are conforming to the
applicable zoning standards for setbacks, lot coverage, and access. These will not be
reduced to a non-conforming condition by the proposed boundary adjustment.
Conclusion: The Planning & Building Department finds that no aspect of the adjustment
will result in a condition that does not comply with the applicable zoning and development
regulations.
3. Materially, adversely affect an agreement for the security for the construction of public
improvements.
Facts/Discussion: No dedications for public right-of-way purposes will be acquired as
requirements for the authorization to record the implementing Certificate of Compliance for
the boundary adjustment approval.
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Conclusion: The Planning & Building Department fmds 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 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: 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 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 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 finds 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 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
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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.
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 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 pursuantto Section 153 05 (a) ofthe 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 approval for Boundary Adjustment and Coastal Development Permit (03-097
BAlCDP) does not authorize or entitle any change of use or scope of activities beyond that
which is approved under the Minor Use Permit and Coastal Development Permit (97-071
MIN/CDP) affecting Parcel A. All conditions of approval and assumptions contained
within the prior approvals shall remain effective to the property, unless modified in
accordance with the City's adopted land use and development regulations.
SCB This project is conditionally approved as set forth on the application materials, adjustment
plat and legal descriptions dated received by the City on April 23, 2003, all designated as
approved by the Planning & Building Director on December 4, 2003. Approved plans
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shall not be altered without the express authorization of the Planning & Building
Department.
SCC Prior to the recordation of the certificate of compliance, the engineer of record shall sign
and date the adjustment plats.
G 1 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 December 4,2005, 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.
-~ {fJ~~~~
Patric Murphy
Planning & Building Director
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