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2007-001City of Encinitas PLANNING & BUILDING DEPARTMENT 505 So. Vulcan Ave. Encinitas, CA 92024 (760) 633-2710 NOTICE OF DECISION PBD 2007-01 January 9, 2007 This letter is to inform you that the Planning & Building Director has approved your application for: 06-206 BA/CDP (Bettencourt) - A request to allow a boundary adjustment between two (2) existing, legal lots. The subject properties are located at 1355 Ahlrich Avenue and 929 Doris Drive in the R-5 (Residential 5) zone and within the Coastal Zone. (APN 259-160-19 & 259-451-33) Project Description and Discussion: The applicant proposes a boundary adjustment between two (2) existing, legal lots. The adjustment will reconfigure the two adjoined subject lots by shifting the rear interior lot line. The gross and net lot areas for the two proposed lots after adjustment will be 12,579 sq. ft. for Parcel A and 9,042 sq. ft. for Parcel B. Section 30.16.010 of the Municipal Code specifies a minimum lot area of 8,700' square , feet and minimum lot dimensions of 70 feet in width and 100 feet in depth for the subject R-5 Zoning District. The proposed lots resulting,from the boundary adjustment comply with the required standards for lot area and minimum dimensions for lot width and depth. All owners of the subject properties have authorized the application and have signed the boundary adjustment plat. This adjustment will be completed with the recordation of a certificate of compliance to be prepared by the City of Encinitas. A standard public notification, which allowed for a 10-day comment and review period, was issued for the project. No comments were received. 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 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. PBD\KK\g:\Nod\06-206bacdp.nod.doc - 1 - 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 common lot lines between two (2) existing, legal lots. The subject R-5 zone requires a minimum lot area of 8,700 square feet and minimum lot dimensions of 70 feet in width and 100 feet in depth. The subject lots will comply with the required standards after the proposed adjustment. Access, parking, and circulation for the subject lots will be unaffected by the proposed adjustment. Conclusion: The Planning and Building 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: The existing structures on the subject properties will comply with all required setbacks from the adjusted property lines. Conclusion: The Planning and Building 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 Planning and 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 and Building Department finds that the proposed adjustment does not extend beyond the City boundaries. PBD\KK\g:\Nod\06-206bacdp.nod.doc -2- 5. Requires substantial alteration of any existing improvement or creates a need for any new improvement. Facts/Discussion: Existing 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 and 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 and 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 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. The subject lots will conform to the lot size standards of the subject R-5 zone. Existing PBD\KK\g:\Nod\06-206bacdp.nod.doc -3- structures on the subject properties will comply with required setbacks, lot coverage, and floor area ratio after the adjustment. 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 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 and 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: SCI 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 December 6, 2006, all designated as approved by the Planning & Building Director on January 9, 2007. Approved plans shall not be altered without the express authorization of the Planning & Building Department. GI STANDARD CONDITIONS: CONTACT THE PLANNING & BUILDING DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: BAl Completion of this lot line adjustment shall require the recordation of a Certificate of Compliance. A plat and 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. BA2 In accordance with Section 66412(d) of the California Subdivision Map Act, deeds reflecting this lot line adjustment shall be recorded in the Office of the County Recorder. Conformed copies of the deeds shall be presented to the Planning and Building Department PBD\KK\g:\Nod\06-206bacdp.nod.doc -4- prior to the preparation of the Certificate of Compliance referenced in Condition BAI, above. BA3 This approval will expire in two years, on January 9, 2009 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. 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. M1 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. Fl FIRE CONDITIONS: CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): F13 ADDRESS NUMBERS: Address numbers shall be placed in a location that will allow them to be clearly visible from the street fronting the structure. The numbers shall contrast with their background, and shall be no less in height than: Four inches (4") for single family homes and duplexes; Eight inches (8") for commercial and multi-family residential buildings; and Twelve inches (12") for industrial buildings. This notice constitutes a decision of the Planning and 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 tenth (10"') 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 Kelly Morgan at the Planning & Building Department by telephoning (760) 633-2697. atrick Murphy Planning & Building Director PBD\KK\g:\Nod\06-206bacdp.nod.doc -5-