1996-061CITY OF ENCINITAS
COMMUNITY DEVELOPMENT DEPARTMENT
505 So. Vulcan Ave.
Encinitas, CA 92024
(619) 633-2710
REVISED
NOTICE OF DECISION
DCD-96-61
April 7,1997
This letter is to inform you that the Director of Community Development has approved your
application for:
96-49 BA/CDP (Gene Aschbrenner) - Lot Line Adjustment request for seven (7)
residential lots for the property located at the northerly terminus of Camino el Dorado, 520
& 525 Camino El Dorado and 533 & 535 Camino De Orchidia (APNs 258-140-1,2,3,4).
The subject property is within the Residential 3 zoning classification and the R 2.01 - 3.00
Land Use designation of the General Plan Land Use Map.
The applicant is proposing to reconfigure the property lines of seven (7) legal parcels to
result in five (5) smaller parcels and two (2) larger parcels. Parcel "A" is proposed at
14,502 gross and net sq. ft.; Parcel "B" is 14,507.96 gross and net sq. ft.; Parcel "C" is
15,693.53 gross sq. ft. and 14,908 net sq. ft.; Parcel "D" is 21,387.17 gross sq. ft. and
20,023.42 net sq. ft.; and Parcel "E" is 20,826 gross sq. ft. and 20,207.31 net sq. ft.; Parcel
"F" 63,065.81 gross sq. ft. and 61,195.10 net sq. ft.; and Parcel "G" is 61,031.93 gross and
net sq. ft.
There is an underlying 5' private road easement along the north and east boundaries of
Parcels C, D, E and F (see Adjustment Plat dated received by the City on March 17, 1997).
The net square footages of the proposed lots exclude the underlying 5' private road
easement located on the east and northern property boundaries.
Some of the parcels have existing greenhouses, trailers and a processing building which
straddles some of the proposed boundary lines. A covenant will be recorded to consolidate
the lots with structures for the purposes of the existing development on the property. The
applicant shall provide evidence that the structures have been removed from straddling the
new property boundaries, and then request a release of consolidation covenant from the
Community Development Department.
This approval is subject to the following findings, pursuant to Chapters 24.70 and 30.80 of
the City of Encinitas Municipal Code:
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LOT LINE ADJUSTMENTS
1. The proposed lot line adjustment will result in seven (7) lots which meet or exceed zoning
and development regulations, including access, density, lot size and dimensions.
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 adjusts the boundary between lots which are subject to an agreement for
public improvements; however, the City Engineer finds that the proposed adjustment will
not materially affect such agreement or the security for the agreement.
6. The boundary adjustment is found to be exempt from Environmental Review pursuant to
CEQA Guidelines Section 15305(A).
COASTAL DEVELOPMENT PERMIT
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 21000 and following 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.
Conclusion: The site is designated as Residential 2.01 - 3.0 du/ac on the Land Use
Designationmap of the General Plan and is zoned R-3 on the Zoning Map. The proposed
lot line adjustment is in conformance with the development standards (access, density, lot
size and dimensions) of the R-3 zone found in Chapter 30.16 of the Municipal Code.
No aspect of the project has been identified which could have an adverse impact on
coastal or any natural resources. The approval of this Coastal Development Permit
satisfies the requirements of the Encinitas Local Coastal Program.
The Community Development Department finds that the project is consistent with the
certified Local Coastal Program of the City of Encinitas and that required finding #2 is not
applicable since no significant adverse impact is associated with the project.
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This approval is subject to the following conditions:
GENERAL CONDITIONS
1. This approval will expire in two years, on April 7, 1999, at 5:00 p.m., permitting
time to record Certificates of Compliance, unless the conditions have been met or an
extension has been approved by the Authorized Agency.
2. 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.
3. 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.
4. The owner shall record a covenant which temporarily consolidates the proposed
new lots for purposes of the existing development only.
5. Completion of this lot line adjustment shall require the recordation of a Certificate
of Compliance for the lot line adjustments. New legal descriptions reflecting the
adjusted parcels together will all public and private access easements shall be
prepared to the satisfaction of the Community Development Department.
6. Prior to recordation of the Certificate of Compliance, the applicant shall provide
verification to the satisfaction of the Community Development Department that all
existing structures which would cross the new boundaries or be located within
setbacks have been demolished.
APPLICANT SHALL CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
7. Address numbers shall be placed on all existing structures in a location that will
allow them to be clearly visible from the street fronting the structure. The height of
the numbers shall conform to Fire Department Standards. NOTE: Where structures
are located off a roadway on long driveways, a monument marker shall be placed at
the entrance where the driveway intersect the main roadway. Permanent numbers
shall be affixed to this marker.
8. Prior to granting final recordation or development approval, the applicant shall
submit to the Community Development Department evidence that all fees, including
plan check reviews and/or cost recovery fees have been paid or secured to the
satisfaction of the Fire Department.
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APPLICANT SHALL CONTACT THE SAN DIEGUITO WATER DISTRICT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION:
9. The Subject Property is currently being served by one water meter. Upon
development, each parcel will be required to be individually metered. The owner is
required to provide the District with a written statement showing which lot will
receive the existing meter.
10. The District may require that the existing water meter be relocated in front of the
parcel it serves prior to recordation of the Certificate of Compliance to complete the
boundary adjustment. Cost of relocation is the responsibility of the
owner/developer.
11. The owner is required to comply with the District's fees, charges, rules and
regulations, including installation of any required on-site and off-site facilities.
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 Patty Anders at the
Community Development Department by telephoning (619) 633-2719.
Sandra older
Community Development Director
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CITY of ENCINITAS
COMMUNITYDEVELOPMENT DEPARTMENT
505 S. Vulcan Avenue Encinitas, California 92024-3633 (619) 633-2710
**REVISED**
NOTICE OF FINAL ACTION
COASTAL DEVELOPMENT PERMIT APPLICATION
Description of development: Coastal Development Permit for the construction of a
new single family residence which complies with all Zoning Code and General Plan
requirements.
LOCATION:
533 & 535 Camino De Orchidia (APN: 258-140--1,2,3 & 4)
CASE FILE NO.:
96-49 BA/CDP
APPLICANT:
Aschbrenner, Gene
APPLICANT'S
ADDRESS:
547 Camino De Orchidia, CA 92024
The project described above is located within the coastal zone. A coastal development
permit application for the project has been acted upon by the Community Development
Director.
Action:
Approved
_X Approved with conditions
Denied
Conditions of approval:
See attached Notice of Decision no. DCD 96-61 for conditions of approval.
Findings:
See attached Notice of Decision no. DCD 96-61 for findings.
This decision is appealable to the City of Encinitas, in accordance with the provisions of
the Municipal Code, this decision may be appealed to the City Council within fifteen (15)
calendar days of the date of the determination.
This decision is not appealable to the Coastal Commission.
This notice is dated April 16, 1997.