2001-097City of Encinitas
COMMUNITY DEVELOPMENT DEPARTMENT
505 So. Vulcan Ave.
Encinitas, CA 92024
(760) 633-2710
NOTICE OF DECISION
DCD-2001-97
October 15, 2001
This letter is to inform you that the Director of Community Development has approved your
application for:
01-203 BA (Standard Pacific) - Boundary Adjustment application to adjust lot lines
between five legal lots. These properties are located at 1270, 1288, 1321, and 1337 Skyros
Way and 688 Caudor Street in the RR2 (Rural Residential 2) Zone. (APN 254-411-03, lots
20, 21, 22, 28, & 29 of Map No. 14249 (98-306 TM/MUP/CDP))
Project Description and Discussion: The applicant proposes a boundary adjustment between
five existing legal lots, lots 20, 21, 22, 28 and 29 of Map No. 14249 (98-306 TM/MUP/CDP).
The adjustments will allow architectural projections of the single-family residences proposed on
the lots to maintain required setbacks. The applicant owns all lots. All building setbacks will be
maintained above minimum standards.
Section 30.16.010 of the Municipal Code specifies a minimum lot area of 21,500 square feet and
minimum lot dimensions of 100 feet in width and 150 feet in depth for the subject RR2 Zone.
The proposed lots of the boundary adjustment do not comply with the required standards for lot
area and dimensions, however, the Planning Commission made findings for and approved lot
averaging and density in excess of mid-range density for the map that created the lots with the
adoption of Resolution No. PC-2000-39, Case No. 98-306 TM/MUP/CDP. The lots after
adjustment will be consistent with that approval and all terms and conditions of that approval
will remain in full force and effect. Access, parking and circulation of the subject lots will not be
impacted by the proposed boundary adjustment. This adjustment will be completed with the
recordation of a Certificate of Compliance to be prepared by the City of Encinitas.
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:
Create a condition that does not comply with zoning and development regulations. All
parcels resulting from a lot line adjustment shall comply with minimum City
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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: Section 30.16.010 of the Municipal Code specifies a minimum lot area
of 21,500 square feet and minimum lot dimensions of 100 feet in width and 150 feet in
depth for the subject RR2 Zone. The proposed lots of the boundary adjustment do not
comply with the required standards for lot area and dimensions, however, the Planning
Commission made findings for and approved lot averaging and density in excess of mid-
range density by adopting Resolution No. PC-2000-39, Case No. 98-306 TM/MUP/CDP.
The lots after adjustment will be consistent with that approval. All terms and conditions
of that approval will remain in full force and effect. Access, parking and circulation of
the subject lots will not be impacted by the proposed boundary adjustment. All building
setbacks will be maintained above minimum standards.
Conclusion: The Community Development 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, as authorized for
lot averaging, 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 proposed adjustment will not affect any structural aspect of the
single-family residences proposed on the subject lots. All building setbacks will be
maintained above minimum standards.
Conclusion: The Community Development 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 will not affect the provision of
public improvements associated with 98-306 TM/MUP/CDP.
Conclusion: The Community Development Department finds that the adjustment will not
materially or adversely affect any agreement for the construction of public improvements.
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4. Extends beyond the City limit boundary.
Facts/Discussion: The subject properties are wholly within the City boundaries.
Conclusion: The Community Development 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: Proposed 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 Community Development 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.
Conclusion: The Community Development Department finds that the adjustment will not
affect 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(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 and
adjustment plat and legal descriptions dated received by the City on September 4, 2001, all
designated as approved by the Community Development Director on October 15, 2001.
Approved plans shall not be altered without the express authorization of the Community
Development Department.
SCB All terms and conditions of Resolution No. PC 2000-39 shall remain in full force and effect.
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SCC Prior to recordation of the Certificate of Compliance, a corrected legal description, signed
and dated by a licensed land surveyor, shall be submitted that indicates "Lot Line
AdjustmentNo. 01-203 BA."
G1 STANDARD CONDITIONS:
CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITION(S):
MI 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.
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.
BA3• This approval will expire in two years, on October 15, 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.
This notice constitutes a decision of the Community Development 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 a $100.00 filing fee, prior to 5:00 p.m. on the 10' calendar day following
the date of this notice of decision.
If you have any questions regarding this determination, please contact Kerry Kusiak at the
Community Development Department by telephoning (760) 633-2719.
1
San dra older
Community Development Director
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