1999-036City of Encinitas
COMMUNITY DEVELOPMENT DEPARTMENT
505 So. Vulcan Ave.
Encinitas, CA 92024
(760) 633-2710
NOTICE OF DECISION
DCD-99-036
April 21, 1999
This letter is to inform you that the Director of Community Development has approved your
application for:
99-031 BA/CDP (Centex Homes) - Boundary Adjustment and Coastal Development
Permit application for a lot line adjustment between two legal lots. Parcel "A" of the
proposed boundary adjustment is located within the RR-1 zone (APN 254-201-01), and
Parcel "B" of the proposed boundary adjustment is located within the ER SFR3 zone
(Encinitas Ranch Specific Plan Single-Family Residential) (APN 254-610-02).
Project Description and Discussion: The applicant proposes a boundary adjustment between two
legal lots. The applicant is the deed holder of APN 254-201-01 and has authorization to process the
adjustment from the current deed holder of APN 254-601-02 (Barratt American, Inc.). Both lots are
currently vacant.
APN 254-601-02 is part of approved Tentative Map 97-263, a 46-lot subdivision, which is in the
process of being recorded. This boundary adjustment will affect the northern boundary of Lot 19 of
that subdivision. Approval of the proposed boundary adjustment is subject to the recordation of
Tract 97-263. APN 254-201-01 is part of Tentative Map 98-094, which is currently being
processed and reflects the proposed boundary adjustment. The lots created by the boundary
adjustment will comply with the development standards for the RR-1 zone and the ER SFR3 zone
(Encinitas Ranch Specific Plan Single-Family Residential).
Because the applicant has submitted the boundary adjustment based on the configuration of Lot 19
of Tentative Map 97-263, a condition of approval will be placed on the boundary adjustment that
requires the recordation of the final map pursuant to Tentative Map 97-263 prior to the recordation
of the deeds reflecting the boundary adjustment. In addition, the recordation of the deeds reflecting
the boundary adjustment must occur prior to the recordation of the final map pursuant to Tentative
Map 98-094.
The subject RR-1 zoning district specifies a minimum net lot area of 1 acre, with minimum lot
width of 110 feet and depth of 150 feet. The ER SFR3 zone (Encinitas Ranch Specific Plan Single-
Family Residential) specifies a minimum net lot area of 8,000 square feet, with minimum lot width
of 70 feet and depth of 100 feet. The proposed boundary adjustment proposes the following:
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Parcel Net lot area Lot Width Lot Depth
Parcel "A" 1 acre (min. required)
(subjectto 39.83 acres (proposed
RR-1 zone
standards)
110' (min. required)
1245'+ (proposed)
105' (min. req.)
572' (proposed)
Parcel "B" (Lot 19 of Tr. 97-263)
(subjectto 8,000 sq. ft. (min. req.)
ER SFR3 11,345 sq. ft. (proposed)
standards)
(Lot 19 of Tr. 97-263) (Lot 19 of Tr. 97-263)
105' 138'
(At front setback) (Approximate
(no change) average depth)
This adjustment will be completed with the recordation of a Certificate of Compliance to be
prepared by the City of Encinitas. Recordation of the final maps pursuant to the approved Tentative
Maps 97-263 and 98-094 shall constitute recordation of a certificate of compliance.
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. 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 proposed boundary adjustment does not create a condition that does not comply
with zoning and development regulations. The overlying RR-1 zone for Parcel "A" (APN 254-201-
01) specifies a minimum lot size of 1 acre. The adjustment proposes a net acreage of 39.83 acres
for Parcel "A". The overlying ER SFR3 zone (Encinitas Ranch Specific Plan Single-Family
Residential) for Parcel "B" (APN 254-610-02) specifies a minimum lot size of 8,000 square feet.
The adjustment proposes a net lot size of 11,345 square feet for Lot 19 of Tentative Map 97-263.
As noted in the chart above the lot dimensions proposed by this adjustment comply with current
zoning regulations.
This boundary adjustment does not affect access to either lot. Both lots are currently vacant and
part of approved subdivisions that propose access roadways that are designed in conformance with
City standards.
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The boundary adjustment complies with all design standards of the Municipal Code, as do the
approved tentative maps that are affected by the adjustment. The lots resulting from the proposed
adjustment and the future residential use of the lots comply with the requirements for lot density,
intensity and uses permitted for each zone.
2. Create a condition which does not comply with building regulations.
Conclusion: Because the two lots affected by the proposed boundary adjustment are vacant, 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.
Conclusion: Because the proposed boundary adjustment is not adjacent to any proposed public
improvements, 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.
Requires substantial alteration of any existing improvement or creates a need for any new
improvement.
Conclusion: Both lots affected by the boundary adjustment are unimproved, and the adjustment
will only effect the rear property lines of residential lots. Therefore, the proposed adjustment will
not require substantial alteration of an existing improvement or create a need for any new
improvement.
6. Adjusts the boundary line between lots which 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: Because the boundary adjustment will only effect the rear property lines of two
residential lots, the adjustment will not adjust a boundary line which may be subject to an agreement
for public improvements. Only the front lot lines of the residential lots are subject to an agreement
for the construction of public right-of-way.
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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.
Discussion: The City's General Plan and Municipal Code are applicable components of the City's
Local Coastal Plan. The project consists of a boundary adjustment between two vacant legal lots.
Conclusion: Since the project complies with all applicable provisions of the City's Municipal Code,
the Community Development Department finds that the proj ect is consistent with the certified Local
Coastal Program of the City of Encinitas. Required finding #2 is not applicable since no significant
adverse impact is associated with the project. Finding #3 is not applicable since the project does not
involve development between the sea or other body of water and the nearest public road and
therefore does not impact public access to coastal resources. No aspect of the project has been
identified which could have an adverse impact on coastal resources or any natural resources. The
approval of this Coastal Development Permit satisfies the requirements of the Encinitas Local
Coastal Program.
Environmental Review:
The project is determined to be exempt from Environmental Review as per Section 15305 of the
California Environmental Quality Act Guidelines.
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This approval is subject to the following conditions:
SCI SPECIFIC CONDITIONS:
SCA This project is conditionally approved asset forth on the application and revised adjustment
plat dated received by the City on April 15, 1999, designated as approved by the
Community Development Director on April 21, 1999, and shall not be altered without
express authorization by the Community Development Department.
SCB The final map pursuant to Tentative Map 97-263 must be recorded prior to the recordation
of the deeds reflecting this boundary adjustment. In addition, the recordation of the deeds
reflecting this boundary adjustment must occur prior to the recordation of the final map
pursuant to Tentative Map 98-094.
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.
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 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 April 21, 2001, 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.
In accordance with the provisions of the Municipal Code, this decision may be appealed to the City
Council within ten (10) calendar days of the date of this determination. 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.
If you have any questions regarding this determination, please contact Jennifer Coon at the
Community Development Department by telephoning (760) 633-2717.
Sandra Ho der
Community Development Director
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