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2012-31 - EG City of Encinitas PLANNING & BUILDING DEPARTMENT 505 So. Vulcan Ave. Encinitas, CA 92024 (760) 633-2710 NOTICE OF DECISION PBD 2012-31 June 6,2012 This letter is to inform you that the Planning & Building Director has approved your application for: 12-051 BACC/CDP (DCM Properties, Inc.) - A request to allow a Boundary Adjustment and Coastal Development Permit to adjust interior lot lines between 3 existing legal lots for the properties located at 645 Saxony Road. All 3 properties are located in the R-3 (Residential 3) zone and the Coastal Zone. The easterly portion of the project site is located within the California Coastal Commission Appeal Jurisdiction of the Coastal Zone. (APN: 256-172-03 &-07 and 256-233-16) Project Description and Discussion: The applicant is requesting to adjust 3 existing lot lines between 3 existing legal lots. The 2 southerly lots (APN: 256-172-03 & -07) are owned by the Bahlmann Family Trust (Bryan G. Bahlmann as Trustee) and the northerly lot (APN: 256-233- 16) is owned by the Brown Revocable Inter Vivos Trust (William Joseph Brown and Cathleen Ann Brown as Trustees). The 2 southerly lots are currently developed with a commercial greenhouse operation, residence, and accessory uses. The northerly lot is currently vacant. Section 30.16.O10A prescribes a minimum lot area of 14,500 square feet and minimum lot dimensions of 80 feet in width and 100 feet in depth for the subject R-3 zone. The proposed lots resulting from the boundary adjustment comply with the required standards for lot area and dimensions. This adjustment will be completed with the recordation of a certificate of compliance to be prepared by the City of Encinitas. The existing residence on 645 Saxony Road (APN: 256-172-03) to remain will comply with required setbacks and lot coverage after completion of the boundary adjustment. Existing greenhouses and accessory structures that would cross proposed property lines as per the boundary adjustment would be removed prior to recordation of the certificate of compliance. The adjusted lot lines will not affect any other property or public or private easement or right-of-way. All owners of the subject properties have authorized the application and have signed the boundary adjustment plat. The proposed adjustment between the 2 northerly lots (APN: 256-172-03 and 256-233-16) will result in a transfer of property between the 2 lots as depicted on Sheet 5 of the boundary adjustment exhibits dated received by the City of Encinitas on June 4, 2012. Deeds reflecting the transfer must be recorded in the Office of the County Recorder prior to recordation of the certificate of compliance. PBD\RS\T:\NOD\12-051BACCCDP - 1 - The easterly project site boundary is located within 100 feet of an offsite wetland and is therefore within the appeal jurisdiction of the California Coastal Commission. In addition, a 50-foot buffer is required from the edge of wetland for new development. The wetland in question is a constructed drainage swale along Quail Gardens Road. There is a separate, narrow property between the subject property and wetland area. No improvements are proposed as part of the boundary adjustment, therefore, no impacts to the wetland is expected from the proposed lot line adjustment. Future development on the resulting lots would be subject to compliance with the minimum required 50-foot wetland buffer. A standard public notification, which allowed for a 10-day comment and review period, was issued for the project. Staff received no correspondence. An Administrative Hearing was held on Monday, June 4, 2012 for the subject application. No members of the public apart from the applicant attended the hearing. This approval is based on the following findings: FINDINGS FOR A LOT LINE ADJUSTMENT STANDARD: Section 24.70.060 of the Municipal Code provides that an 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. Facts/Discussion: The applicant proposes to adjust 3 common interior lot lines between 3 existing legal lots. The subject R-3 zone requires a minimum lot area of 14,500 square feet and minimum lot dimensions of 80 feet in width and 100 feet in depth. The proposed lots resulting from the boundary adjustment comply with the required standards for lot area and dimensions. The existing residence on 645 Saxony Road to remain will comply with required setbacks and lot coverage after completion of the boundary adjustment. Existing greenhouses and accessory structures that would cross proposed property lines as per the boundary adjustment would be removed prior to recordation of a certificate of compliance completing the adjustment. Access, parking, and circulation for the subject lots will be unaffected by the proposed adjustment. Conclusion: The Planning and Building 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 comply with the Municipal Code PBD\RS\T:\NOD\12-051BACCCDP -2- 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 existing residential structure on the 645 Saxony Road will comply with required setbacks and lot coverage after completion of the boundary adjustment. Existing greenhouses and accessory structures that would cross proposed property lines as per the boundary adjustment are conditioned as part of this approval to be removed prior to recordation of a certificate of compliance completing the adjustment. Conclusion: The Planning and Building 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 is not adjacent to any proposed public improvements. Conclusion: The Planning and Building Department finds that the adjustment will not materially or adversely affect any agreement for the construction of public improvements. 4. Extends beyond the City limit boundary. Facts/Discussion: The subject properties are wholly within the City boundaries. Conclusion: The Planning and Building 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: Existing 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 Planning and Building 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. PBD\RS\T:ANOD\12-051BACCCDP -3 - Facts/Discussion: The boundary adjustment only affects interior property lines of the subject lots. No agreement for public improvements will be affected by the proposed adjustment. Conclusion: The Planning and Building Department finds that the adjustment will not affect a boundary line that may be subject to an agreement for public improvements. PBD\RS\T:\NOD\12-051BACCCDP -4- 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. Facts: The applicant proposes to adjust 3 common interior lot lines between 3 existing legal lots. The subject R-3 zone requires a minimum lot area of 14,500 square feet and minimum lot dimensions of 80 feet in width and 100 feet in depth. The proposed lots resulting from the boundary adjustment comply with the required standards for lot area and dimensions. The easterly project site boundary is located within 100 feet of an offsite wetland and is therefore within the appeal jurisdiction of the California Coastal Commission. In addition, a 50-foot buffer is required from the edge of wetland for new development. The wetland in question is a constructed drainage swale along Quail Gardens Road. There is a separate, narrow property between the subject property and wetland area. No improvements are proposed as part of the boundary adjustment, therefore, no impacts to the wetland is expected from the proposed lot line adjustment. Future development on the resulting lots would be subject to compliance with the minimum required 50-foot wetland buffer. Discussion: Related to finding No. 1, the proposed boundary adjustment complies with or is conditioned to comply with the City's Local Coastal Program and the Municipal Code. Related to finding No. 2, no potentially significant adverse impacts to the environment are associated with the proposed adjustment, and the project is categorically exempt from environmental review pursuant to Section 15305(a) of the California Environmental Quality Act (CEQA) Guidelines. Related to finding No. 3, the site is located between Saxony Road and Quail Gardens Drive and not between the nearest public road and the sea or other body of water. Recreational opportunities and access currently do not exist across the subject properties. Public access and recreational opportunities to the beach and at the ocean are available northwest of the project and La Costa Avenue within the City of Carlsbad. Conclusion: The Planning and Building Department finds that 1) the proposed boundary adjustment is consistent with the certified Local Coastal Program of the City of Encinitas; 2) no potentially significant adverse impacts to the environment will result and the project is PBD\RS\T:\NOD\12-051BACCCDP - 1 - categorically exempt from environmental review pursuant to Section 15305(a) of the California Environmental Quality Act (CEQA) Guidelines; and 3) the project is in conformity with the public access and public recreation policies of Section 30200 et. seq. of the Coastal Act. 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: SC1 SPECIFIC CONDITIONS: SCA This project is conditionally approved as set forth on the application materials dated received by the City on April 3, 2012; and adjustment plat and legal descriptions dated received by the City on June 4, 2012; all designated as approved by the Planning & Building Director on June 6, 2012 and shall not be altered without the express authorization of the Planning &Building Department. SCB Prior to recordation of the certificate of compliance completing the proposed Boundary Adjustment, all structures, including greenhouses and accessory structures, that would cross proposed property lines or encroach into setbacks from the resulting property lines shall be removed to the satisfaction of the Planning and Building Department. G1 STANDARD CONDITIONS: CONTACT THE PLANNING AND BUILDING DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): M1 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. 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 Planning and Building 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 In accordance with Section 66412(d) of the California Subdivision Map Act, deeds reflecting this lot line adjustment shall be recorded in the Office of the County Recorder. Conformed copies of the deeds shall be presented to the Planning and Building Department prior to the preparation of the Certificate of Compliance referenced in Condition BA1 above. PBD\RS\T:\NOD\12-051BACCCDP -2- BA3 This approval will expire in two years, on June 6, 2014, 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. G3 This project is located within the Coastal Appeal Zone and may be appealed to the California Coastal Commission pursuant to Coastal Act Section 30603 and Chapter 30.04 of the City of Encinitas Municipal Code. An appeal of the Planning Commission's decision must be filed with the Coastal Commission within 10 days following the Coastal Commission's receipt of the Notice of Final Action. Applicants will be notified by the Coastal Commission as to the date the Commission's appeal period will conclude. Appeals must be in writing to the Coastal Commission, San Diego Coast District office. 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. This notice constitutes a decision of the Planning and Building 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 calendar days of the date of this determination. The appeal must be filed, accompanied by the appropriate filing fee, prior to 5:00 p.m. on the 10th calendar day following the date of this notice of decision. This decision may be appealed to the California Coastal Commission. If you have any questions regarding this determination, please contact Roy Sapa'u at the Planning &Building Department by telephoning(760) 633-2734. Xatrick Murphy Planning & Building Director PBD\RS\T:\NOD\12-051BACCCDP -3 -