1996-041CITY OF ENCINITAS
COMMUNITY DEVELOPMENT DEPARTMENT
505 So. Vulcan Ave.
Encinitas, CA 92024
(619) 633-2710
NOTICE OF DECISION
DCD-96-041
July 16,1996
This letter is to inform you that the Director of Community Development has approved your application
for:
95-280 BA (Deverill / B.C. Dage, Inc) - Boundary Adjustment among six (6) legal lots, for the
property located north of Union Street and south of Clark Avenue, at the westerly terminus of
Union Street at Interstate-5 (APNs: 256-171-06, 15).
In approving this lot line adjustment, the Community Development Department recognizes five
existing legal lots being in one ownership, generally described as the triangularly shaped portion
located immediately south of Clark Avenue. These lots are remnants of the installation of
Interstate-5. The sixth lot, in separate ownership, is located adjacent to Union Street. The five
existing lots located south of Clark Ave. are zoned R-5, specifying a minimum lot size of 8,700
sq. ft. The one lot adjacent to Union Street is zoned R-3, specifying a minimum lot size of 14,500
sq. ft. This adjustment locates five lots within the portion now zoned R-3, and locates one lot (no.
6) within the portion zoned R-5, with a part of lot 6 also located within the R-3 zoning district.
The applicant has submitted an adjustment plat with lots 1 through 6 meeting lot area and
dimensional minimum standards. Legal access is proposed for the parcels via existing and
proposed easement roads. Condition no. A-4 of this Notice requires that the easement road
providing access for lots 1 through 5 be recorded concurrent with the recordation of the Certificate
of Compliance establishing the adjusted lots.
The project site contains greenhouse structures which cross proposed lot lines. The applicant
intends to remove and relocate greenhouse structures to the extent that they will be removed from
lots 1 through 5 and will comply with setback requirements for the adjusted lot lines. Condition
A-5 of this Notice requires that the structures be relocated prior to the recordation of the
Certificate of Compliance establishing the adjusted lots, or record a covenant temporarily
consolidating the lots for purposes of existing development.
The applicant is hereby notified that the relocation of the greenhouses may require the issuance of
a Minor Use Permit.
JK/96280BA (7-12-96)
This approval is subject to the following findings, as per Section 24.70.060 of the Municipal Code:
1. The proposed boundary adjustment will result in lots which meet or exceed zoning and
development regulations, including access, dimensions, lot size, and setbacks.
The adjustment meets all technical standards including access, dimensions, lot size, and setbacks.
Lots 1 through 5 propose net areas of 21,285, 14,550, 14,500, 17,774, and 14,513 sq. ft.
respectively, consistent with the subject R-3 Zone which specifies a minimum lot size of 14,500
sq. ft. net area. The lot dimension standards of 100 ft. depth and 80 ft. width are satisfied with lots
1 through 5. Lot 6 is proposed at 162,680 sq. ft. net area, consistent with the subject R-5 Zone
which specifies a minimum lot size of 8,700 sq. ft. net area. Lot six also meets lot depth and
width standards.
The site contains greenhouse structures which cross proposed lot lines. The applicant intends to
remove and relocate greenhouse structures to the extent that they will comply with setback
requirements for the adjusted lot lines (see condition A-5).
2. The application does not propose alterations which would result in conditions which do not
comply with building regulations.
3. The boundaries of the proposal do not extend beyond the City limit boundary.
4. The project does not require any substantial alteration of any existing improvement or create a
need for any new improvement.
5. The adjustment does not adjust the boundary between lots which are subject to an agreement for
public improvements.
This approval is subject to the following conditions:
PROJECT CONDITIONS
1. This approval will expire in two years, on June 27, 1998, 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.
2. Project is approved as submitted as evidenced by the application dated received by the City of
Encinitas November 7, 1995, and adjustment plat dated received by the City of Encinitas on June
3, 1996, with the following exception: Prior to the City recording a Certificate of Compliance for
the subject adjustment, a new plat map shall be submitted showing Lot 6 consistent with zone
boundary lines, as set forth in Municipal Code Section 30.08.030. Said modification may involve
the reconfiguration of Lot 5 to include land west of the proposed cul-de-sac.
JK/96280BA (7-12-96)
3. Nothing in this permit shall relieve the applicant from complying with the conditions and
regulations generally imposed upon activities similar in nature to the activity authorized by this
permit.
4. The easement road providing access for lots 1 through 5 shall be recorded concurrently with the
recordation of the Certificate of Compliance establishing adjusted lots 1 through 6.
5. The greenhouse structures shall be relocated prior to the recordation of the Certificate of
Compliance establishing the adjusted lots, or a covenant may be recorded temporarily
consolidating the lots for purposes of existing development. The relocation of greenhouse
structures may require the issuance of a Minor Use Permit since Municipal Code Section
30.48.040-E requires a use permit for any new greenhouse structures in excess of 450 sq. ft.
Prior to recordation of a Certificate of Compliance adjusting the lots, the applicant shall submit to
the Community Development Department a letter from a registered surveyor or civil engineer
certifying that any relocated or rebuilt (greenhouse) structures satisfy all setback requirements and
any other applicable Municipal Code standards. Should the applicant elect to retain the existing
greenhouses in their present locations via the above mentioned covenant, the applicant shall
submit to the Community Development Department a letter from a registered surveyor or civil
engineer certifying compliance with building setbacks prior to the Community Development
Department issuing a release of covenant establishing separate lots.
6. Approval of this request shall not waive compliance with any sections of the Municipal Code and
all other applicable City Ordinances in effect at the time of Building Permit issuance unless
specifically waived herein.
7. 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. A subdivision map of record reflecting the boundaries
resulting from this action may serve as a substitute for a Certificate of Compliance.
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 Jim Kennedy at the Community
Development Department by telephoning (619) 633-2715.
Sandra Holder
Community Development Director
JK/96280BA (7-12-96)