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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 CD/KK/g:\Nod\01-203ba.nod.doc - 1 - 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. CD/KK/gANod\01-203ba.nod.doc -2- 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. CD/KK/gANod\01-203ba.nod.doc -3- 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 CD/KK/g;\Nod\01-203ba.nod.doc -4-