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2001-092City of Encinitas COMMUNITY DEVELOPMENT DEPARTMENT 505 So. Vulcan Ave. Encinitas, CA 92024 (760) 633-2710 NOTICE OF DECISION DCD-2001-92 September 25, 2001 This letter is to inform you that the Director of Community Development has approved your application for: 01-183 BA (DR Horton) - Boundary Adjustment application for a lot line adjustment between two legal lots (Lots 68 & 74 of Tract No. 00-086, Map 14268). The subject lots are located within the ESFR3V zone. Project Description and Discussion: The applicant proposes a boundary adjustment between two existing legal lots. D.R. Horton (applicant) is the owner of the subject lots. Both lots are vacant. A building permit application has been submitted to construct a single-family dwelling on each lot. However, an architectural projection proposed for the dwelling on Lot 68 requires the lot line between Lot 68 and Lot 74 to be moved 1.55 feet north in order to comply with the minimum building setback from the property line. The proposed boundary adjustment will result in the following lots: Lot Net lot area Lot Width Lot Depth Lot 68 of Map 14268 .159 ac (6,913 sq. ft.) 55 feet 126 feet Lot 74 of Map 14268 .135 ac (5,897 sq. ft.) 55 feet 107 feet Both lots are located within the Encinitas Ranch Specific Plan ER-SFR3V zone with a minimum 5,000 square foot lot area and minimum lot dimensions of 55 feet in width and 90 feet in depth. The proposed lots after the boundary adjustment will be in compliance with the required lot area and dimension standards. This adjustment will be completed with the recordation of a Certificate of Compliance to be prepared by the City of Encinitas. j1c:g:nod:01-183ba 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: 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. Conclusion: The subject lots of the proposed boundary adjustment are in compliance with the required standards pertaining to lot size and dimensions for the ER-SFR3V zone and all other applicable development standards. The lot line adjustment will not negatively impact the access, parking or circulation of the lots. The lots resulting from the lot line adjustment are within the limitations for lot density of the subject ER-SFR3V zone (3 units per acre). 2. Create a condition which does not comply with building regulations. Conclusion: No structures exist on the subject lots, therefore, no aspect of the adjustment will result in a condition that does not comply with building regulations. The purpose of the boundary adjustment is to enable the construction of proposed dwellings on the lot in compliance with the minimum building setbacks. Materially, adversely affect an agreement for the security for the construction of public improvements. Conclusion: The proposed boundary adjustment does not affect any property subject to public improvements, therefore, the adjustment will not materially or adversely affect any agreement for the construction of public improvements. 4. Extends beyond the City limit boundary. Conclusion: The boundaries of each lot affected by the proposed boundary adjustment are fully contained within the City limit boundaries. 5. Requires substantial alteration of any existing improvement or creates a need for any new improvement. Conclusion: The boundary adjustment will not require any alteration to any existing improvement. In addition, the adjustment will not create a need for any new improvements. j1c:g:nod:01-183ba 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. Conclusion: The boundary adjustment will not adjust 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 Section 15305 of the California Environmental Quality Act Guidelines. This approval is subject to the following conditions: SCI SPECIFIC CONDITIONS: SCA This project is conditionally approved as set forth on the application and adjustment plat dated received by the City on September 7, 2001, designated as approved by the Community Development Director on September 25, 2001 and shall not be altered without express authorization by the Community Development Department. G1 STANDARD CONDITIONS: CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): M 1 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. 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. BA2 This approval will expire in two years, on September 25, 2003, 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. j1c:g:nod:01-183ba This notice constitutes a decision of the Community Development Department only. If you have any questions regarding this determination, please contact Jennifer Coon at the Community Development Department by telephoning (760) 633-2717. Sandra older Community Development Director j1c:g:nod:01-183ba