2021-53 - EG01"YOF • • NOTICE OF DECISION
.m
ncinitas �Development Services Department
DEVELOPMENB" SERVICES DEPART ENI
Project Name:
Brown/Vega Boundary Adjustment
Request:
Adjust a shared lot line between two existing legal parcels
Discretionary Actions:
Boundary Adjustment (BADJ)
Coastal Development Permit (CDP)
CEQA Determination:
EXEMPT
STAFF RECOMENDATION:
APPROVED
Project Number:
Multi-003856-2020; BADJ-003857-2020; CDPNF-003858-
2020
DSD Number:
2021-53
Location:
1601 Burgundy Road and 1586 Gascony Road
Community:
Leucadia
APN:
254-173-02 and 254-173-37
Applicant:
Brandon Vega & Lindsay Brown
Representative:
Christopher Miller
Project Planner:
Andrew Maynard, Senior Planner
Decision Date:
September 7, 2021
Report Approval:
® Anna Colamussi, Planning Manager
PROJECT DESCRIPTION
A Boundary Adjustment (BA) and Coastal Development Permit (CDP) to adjust a common lot line
between two existing legal parcels of record under the same ownership.
Parcel A (1601 Burgundy Road) is developed with a detached single-family residence and an
attached garage with access via a 30-foot private road to the west to Burgundy Road. Parcel B
(1586 Gascony Road) is currently developed with a detached single-family home and attached
ITEM NAME: Smith Boundary Adjustment
PROJECT NUMBER: Multi-003856-2020; BADJ-003857-2020; CDPNF-003858-2020
SEPTEMBER 7, 2021
garage with access via a 20-foot private road easement. Both lots are zoned Rural Residential 2
(RR-2) and are in the Coastal Overlay Zone.
PROJECT ANALYSIS
Background
A Residential Building Record has been provided documenting a single-family residence and
garage on 1601 Burgundy Road was constructed in 1957 with an addition in 1981. Various other
building permits (19-1741, 19-2239 and 19-2443) were applied and were finaled for interior
improvements and an exterior spa. A Residential Building Record for 1586 Gascony Road
identified the residence and garage constructed in 1970. The only permit obtained by the City is
an electrical upgrade building permit (15-904).
Project Site Characteristics:
General Plan:
Rural Residential 2 RR-2
Zoning District:
RR-2
Zoning Overlay:
Cultural/Natural Resource Overlay Zone; Special
Study; Coastal Overlay Zone
Community Character Context:
Inland Residential-Gridded
Other Key City Plan:
None
Notable State or Regional Plan and
Law:
None
Both properties are situated within a developed residential community and consists of a property
developed with single-family homes with attached garages. Both parcels have a General Plan
Land Use Designation and Zoning Designation of Rural Residential 2 (RR-2). The RR-2 Zoning
Designation is intended to provide for suburban single-family detached residential units with
minimum lot sizes of 21,500 net square feet and maximum densities of two units per net acre.
One primary dwelling is permitted on each legal lot. Both parcels are located within the Coastal
Zone, the Cultural Overlay Zone and Special Study Overlay Zone. The site is located within the
Inland Residential-G ridded community character context within the Community of Leucadia,
which is generally organized on the north-south/east-west grids, and includes primarily single-
family dwellings, with some "twin homes" and condominiums dispersed throughout. The existing
single-family home on each lot will remain and is consistent with the existing character in the
immediately surrounding neighborhood.
Adjacent Area:
Direction
General Plan &
Community Character
Land Use
ZoningDistrict
Context
North
Rural Residential
Inland Residential-Gridded
Single -Family Homes
2&RR-2
South
Rural Residential
Inland Residential-Gridded
Single -Family Homes
2 & RR-2
East
Rural Residential
Inland Residential-Gridded
Single -Family Homes
2 & RR-2
2of10
ITEM NAME: Smith Boundary Adjustment
PROJECT NUMBER: Multi-003856-2020; BADJ-003857-2020; CDPNF-003858-2020
SEPTEMBER 7, 2021
Direction
General Plan &
Community Character
Land Use
ZoningDistrict
Context
West
Rural Residential
Inland Residential-Gridded
Single -Family Homes
2 & RR-2
The surrounding area consists primarily of developed single-family residential units. The
properties located to the north, south, west and east of the project sites are all zoned Rural
Residential 2 (RR-2).
General Plan Consistency
The City of Encinitas General Plan includes a number of goals and policies that guide
development and land use within the City. A discussion of how the project is consistent with
applicable General Plan policies is summarized below:
General Plan Goal or Policy
Explanation of Project Conformance
Land Use Element Goal 6: Every
The boundary adjustment modifies the area between
effort shall be made to ensure that
two existing parcels. The two resulting parcels remain
the existing desirable character of
consistent with the surrounding land uses and character
the communities is maintained.
of the community. The Inland Residential-Gridded
community character context will remain consistent with
the neighborhood.
Land Use Policy 1.12: The
The project proposes to adjust a shared lot line between
residential character of the City
two existing legal lots. The existing single-family
shall be substantially single-family
residences on each lot will remain, consistent with the
detached housing.
single-family residential character of the City. The
resulting Parcel A and B meets the zoning standards,
including lot depth, width and area for the RR-2 Zone,
and will allow for development in accordance with the
zoning standards in the future.
Municipal Code Analysis
The properties are located within the Rural Residential 2 (RR-2) Zones. The proposed project
meets the development standard criteria as identified below:
Development Standard Parcel
A — RR-2 Zoning
Proposed Project
Complies?
Net Lot Area — 21,500 sq. ft.
minimum
28,732 square feet
Yes ® No ❑
Lot Width — 100 feet
222.79 feet
Yes ® No ❑
Lot Depth — 150 feet
300.46 feet
Yes ® No ❑
Front Yard Setback — 30 feet
49.7 feet
Yes ® No ❑
Rear Yard Setback - 25 feet
14.3 see discussion below
Yes ❑ No
Side Yard Setbacks —10 feet
North- 16.9 feet
South- 39.6 feet
Yes ® No ❑*
Lot Coverage — 35 percent
Maximum
11.2 percent
Yes ® No ❑
3of10
ITEM NAME: Smith Boundary Adjustment
PROJECT NUMBER: Multi-003856-2020; BADJ-003857-2020; CDPNF-003858-2020
SEPTEMBER 7, 2021
Development Standard Parcel
A — RR-2 Zoning
Proposed Project
Complies?
Parking — Single -Family
Two enclosed parking spaces; two
Yes ® No ❑
Residence >2,500 square feet:
unenclosed parking spaces
Two enclosed spaces within a
garage; one enclosed or
unenclosed parking space (3
total parking spaces)
Development Standard Parcel
Project Proposed
Complies?
B — RR-2 Zoning
Gross/Net Lot Area—21,500 sq.
21,500 square feet
Yes ® No ❑
ft. minimum
Lot Width — 100 feet
139.60 feet
Yes ® No ❑
Lot Depth — 150 feet
280.32 feet
Yes ® No ❑
Front Yard Setback —30 feet
27.3 feet
Yes ® No ❑
Rear Yard Setback - 25 feet
107 feet
Yes ® No ❑
Side Yard Setbacks —10 feet
North- 15.6 feet
Yes ® No ❑
South- 41 feet
Lot Coverage — 35 percent
7.6 percent
Yes ® No ❑
Maximum
Parking — Single -Family
Two enclosed parking spaces; two
Yes ® No ❑
Residence >2,500 square feet:
unenclosed parking spaces
Two enclosed spaces within a
garage; one enclosed or
unenclosed parking space (3
total parking spaces)
Parcel A- Rear Yard Setback
The residence located at 1601 Burgundy (254-173-37) has a previously permitted patio cover
located in the rear yard setback that was converted to floor area of the residence without the
benefit of a permit. According to the Residential Building Record and the site plan from the project
architect the converted area is approximately 14 feet in depth by 30 feet width and is located 15.2
feet from the rear yard property line. As a condition of approval (SCA-2) the applicant will be
required to demolish the floor area or convert it to a use that will conform with all current zoning
standards prior to the recordation of the Certificate of Compliance to finalize the Boundary
Adjustment.
Boundary Adjustment
The proposal is a Boundary Adjustment (BADJ) and a Coastal Development Permit (CDP) to
adjust a common shared lot line between two existing legal parcels of record under, which are
under different ownership.
Both parcels have a zoning designation of Rural Residential 2 (RR-2). The boundary adjustment
would transfer approximately 4,384 square feet of property from Parcel A to Parcel B. The result
4of10
ITEM NAME: Smith Boundary Adjustment
PROJECT NUMBER: Multi-003856-2020; BADJ-003857-2020; CDPNF-003858-2020
SEPTEMBER 7, 2021
would be new net lot area of 28,732 square feet for Parcel A, and a new net lot area of 21,500
square feet for Parcel B.
The table below summarizes the existing total square footage amounts and the new transfer
square footage amounts for each parcel:
Parcel
Address
APN
Existing Sq. Ft.
Transfer Sq.
Proposed Sq.
Net
Ft.
Ft Net
A
1601 Burgundy
254-173-37
33,116 square
-4,384 square
28,732 square
Road
feet
feet
feet
B
1586 Gascony
254-173-02
17,116 square
+4,384 sq. ft.
21,500 square
Road
feet
feet
Cultural/Natural Resources Overlay Zone
The Cultural/Natural Resources Overlay Zone is identified across both sites. The subject site is
located on an infill site without any known man-made cultural or historic resources and is
surrounded by existing development. No sensitive plant or animal habit exists on the subject site.
Special Study Overlay Zone
The subject sites are located with the Special Study Overlay Zone. Both sites have been fully
graded with improvements and have slopes less than 25 percent in gradient. The sites would not
be subject to the Hillside/Inland Bluff Overlay Zone regulations.
Local Coastal Program Consistency
The proposed project is located within the Coastal Zone of the City of Encinitas and requires
approval of a Coastal Development Permit. The project adheres to the applicable development
standards of the Rural Residential 2 (RR-2), including net lot area, setbacks, lot coverage, floor
area ratio, lot width, and lot depth, as provided in the Encinitas Municipal Code, and the goals
and policies of the General Plan and Local Coastal Program.
PUBLIC NOTICE AND PARTICIPATION
Public Notice
The Notice of Pending Action on the Coastal Development Permit was mailed on June 10, 2021,
to all property owners and occupants within 500 feet of the project site, and to anyone who
requested such notice in writing, in compliance with Encinitas Municipal Code Sections 30.01.070
and 30.80.080, as applicable. Additionally, as a courtesy, the notice was posted at City Hall and
on the Development Services Department's Internet site under "Public Notices". Staff received no
comments or concerns.
ENVIRONMENTAL CONSIDERATIONS
The project is determined to be exempt from environmental review as per Section 15305(a) (Class
5-Minor Alterations in Land Use Limitations) of the California Environmental Quality Act (CEQA)
Guidelines. Section 15305(a) exempts minor alterations in land such as minor lot line
5 of 10
ITEM NAME: Smith Boundary Adjustment
PROJECT NUMBER: Multi-003856-2020; BADJ-003857-2020; CDPNF-003858-2020
SEPTEMBER 7, 2021
adjustments. The project meets the exemption criteria. The project does not result in any changes
in land use or density, consistent with the CEQA exemption criteria. In addition, none of the
exceptions listed in Section 15300.2 exist for the proposed project.
DISCUSSION
The proposed project is in conformance with the General Plan and Chapters 30.16 (Residential
Zone), 30.80 (Coastal Development Permit), and 24.70 (Lot Line Adjustments) of the Encinitas
Municipal Code. The project meets all of the applicable development standards for the Rural
Residential 2 (RR-2) Zone, including net lot area, setbacks, lot coverage, floor area ratio, lot width,
and lot depth.
FINDINGS
Based on the findings for a Lot Line Adjustment as per Encinitas Municipal Code Section
24.70.060 and the aforementioned analysis, the Development Services Department has
made the following findings to support the approval, with conditions:
Finding for Boundary Adjustment
Explanation of Finding
Parcels resulting from the adjustment will:
1. Create a condition, which does not comply
After the lot line adjustment, both resulting
with zoning and development regulation.
parcels will comply with the required lot size,
All parcels resulting from a lot line
width and depth standards, and all other
adjustment shall comply with minimum
development standards for the RR-2 Zone,
City requirements for lot size, dimensions,
including setbacks (with the added condition
access, parking and circulation, and all
of approval for the existing non -conformity), lot
other applicable development standards
coverage and parking.
established through the zoning and
development code. The lot line adjustment
The lots resulting from the lot line adjustment
shall also be found to promote available
are within the limitations for lot density and
design standards and guidelines as
intensity of development as established by the
established through the zoning and
underlying RR-2 zoning and development
development code. The lots resulting from
standards.
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.
2. Create a condition which does not comply
No additional development is proposed with
with building regulations.
this lot line adjustment. Parcel A will remain as
proposed with the minor modification to the
building for compliance with rear yard
setbacks, and Parcel B will remain with an
6of10
ITEM NAME: Smith Boundary Adjustment
PROJECT NUMBER: Multi-003856-2020; BADJ-003857-2020; CDPNF-003858-2020
SEPTEMBER 7, 2021
Finding for Boundary Adjustment
Explanation of Finding
existing single-family residence with the
attached garage.
3. Materially, adversely affect an agreement
No public improvements are proposed as a part
for the security for the construction of public
of this project. The boundary adjustment does
improvements.
not affect any agreements for the construction
of public improvements.
4. Extends beyond the City limit boundary.
All parcels are located within the City of
Encinitas boundaries.
5. Requires substantial alteration of any
The proposed lot line adjustment does not
existing improvement or creates a need for
create a need for any new improvements, or the
any new improvement.
alteration of any existing improvement.
6. Adjusts the boundary line between lots that
The lot line adjustment only affects the interior
are subject to an agreement for public
common property line of the subject lots. No
improvements, unless the City Engineer
agreement for public improvements will be
finds that the proposed adjustment will not
affected by the proposed adjustment.
materially affect such agreement for the
security thereof.
Based on the findings for a Coastal Development Permit as per Encinitas Municipal Code
Section 30.80.090 and the aforementioned analysis, the Development Services Department
has made the following findings to support the approval, with conditions:
Finding for Coastal Development Permit
Explanation of Finding
1. The project is consistent with the certified
The proposed lot line adjustment complies with
Local Coastal Program of the City of
all applicable development standards for the
Encinitas; and
Rural Residential 2 (RR-2) Zone, including
gross/net lot area, setbacks, lot coverage, lot
width, lot depth and parking. The project is
consistent with the policies of the City's
certified Local Coastal Program including the
provisions of the General Plan and the
Municipal Code.
7of10
ITEM NAME: Smith Boundary Adjustment
PROJECT NUMBER: Multi-003856-2020; BADJ-003857-2020; CDPNF-003858-2020
SEPTEMBER 7, 2021
Finding for Coastal Development Permit
Explanation of Finding
2. The proposed development conforms with
No potentially significant adverse impacts to the
Public Resources Code Section 21000
environment will result from the project. The
and following (CEQA) in that there are no
project is exempt from environmental review
feasible mitigation measures or feasible
pursuant to Section 15305(a) (Class 5-Minor
alternatives available which would
Alterations in Land Use Limitations) of the
substantially lessen any significant
California Environmental Quality Act (CEQA)
adverse impact that the activity may have
Guidelines. The project is a minor lot line
on the environment; and
adjustment, which is exempt from
environmental review. The project does not
result in any changes in land use or density
and is consistent with the CEQA exemption
criteria. The project will not have a significant
adverse impact on the environment.
3. For projects involving development
The project sites are located on Burgundy
between the sea or other body of water
Road and Gascony Road, which is not located
and the nearest public road, approval shall
between the sea and the nearest public road;
include a specific finding that such
therefore, this finding does not apply to the
development is in conformity with the
project.
public access and public recreation
policies of Section 30200 et. seq. of the
Coastal Act.
CONCLUSION
The Development Services Department has determined that the Boundary Adjustment and
Coastal Development Permit application are consistent with the City's certified Local Coastal
Program, including all applicable policies of the General Plan and provisions of the Municipal
Code. The resulting lots are consistent with the General Plan Land Use Designation and
applicable General Plan policies. Additionally, the boundary adjustment complies with all
development standards for the Rural Residential 2 (RR-2) Zone, including net lot area, lot width,
lot depth, setbacks, lot coverage and parking. Based on the aforementioned findings and subject
to the following conditions of approval, the project is hereby approved.
CONDITIONS OF APPROVAL
SPECIFIC CONDITIONS:
SCA The following specific conditions shall be completed and/or fulfilled to the satisfaction of
the Development Services Department - Engineering:
1. Prior to approval and recordation of a Certificate of Compliance certifying compliance
with the Subdivision Map Act, the property owners shall record the transfer deed and
subsequently record new grant deeds for each of the two resulting lots.
SCB The following specific conditions shall be completed and/or fulfilled to the satisfaction of
the Development Services Department - Planning:
8of10
ITEM NAME: Smith Boundary Adjustment
PROJECT NUMBER: Multi-003856-2020; BADJ-003857-2020; CDPNF-003858-2020
SEPTEMBER 7, 2021
1. The attached unpermitted floor area on 1601 Burgundy Road within the rear yard
setback shall be removed or modified to an allowable use with the approval of a
building permit and Certificate of Occupancy prior to the recordation of the Certificate
of Compliance.
STANDARD CONDITIONS:
CONTACT THE DEVELOPMENT SERVICES DEPARTMENT REGARDING COMPLIANCE WITH
THE FOLLOWING CONDITION(S):
MAPS 03 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.
A 01 Approval - General: At any time after two years from the date of this approval, on
September 7, 2023 at 5 p.m., or the expiration date of any extension granted in
accordance with the Municipal Code, the application shall be deemed expired as
of the above date.
A 04 Approval - General: This project is conditionally approved as set forth on the
application and project drawings stamped received by the City on August 17,
2021, consisting of 15 sheets including Draft Grant Deeds (6 Sheets), Legal
Descriptions (3 Sheets), Lot Dimension Study (2 Sheets),Lot Adjustment Plat (2
Sheets), Site Survey (1 Sheet) Site Plan (SheetA0.01), all designated as approved
by the Development Services Director on September 7, 2021, and shall not be
altered without express authorization by the Development Services Department.
A 08 Approval - General: 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.
BA/COC 01 Boundary Adjustments/Certificates of Compliance: 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 Development Services Department
prior to the preparation of the Certificate of Compliance referenced in Condition
BA/COC 03.
BA/COC 02 Boundary Adjustments/Certificates of Compliance: This approval will expire in
two years, on September 7, 2023, at 5 p.m., unless the conditions have been met
or an extension has been approved by the authorized agency.
BA/COC 03 Boundary Adjustments/Certificates of Compliance: 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 Development Services 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.
9of10
ITEM NAME: Smith Boundary Adjustment
PROJECT NUMBER: Multi-003856-2020; BADJ-003857-2020; CDPNF-003858-2020
SEPTEMBER 7, 2021
COV 01 Covenants: Prior to recordation of the Certificate of Compliance the owner
shall cause a covenant regarding real property to be recorded. Said covenant shall
set forth the terms and conditions of this grant of approval and shall be of a form
and content satisfactory to the Development Services Director.
101 Indemnification: To the maximum extent permitted by law, the Owner(s) shall
waive any claims of liability against the City, and shall indemnify, hold harmless
and defend the City of Encinitas, and its agents, officers and employees from and
against any and all actions, claims, damages, liabilities and/or proceedings arising
from: (i) the City's approval of any and all entitlements or permits relating to the
project; (ii) any injury to or death of any person, or damage or injury of any kind to
property which may arise from or be related to the direct or indirect operations of
the Owner(s) or its contractors, subcontractors, agents, employees, or other
persons acting on the Owner(s)'s behalf relating to the project; and (iii) the
operation of the project.
The Owner(s) agree to execute an indemnity agreement provided by the City prior
to recordation of the Certificate of Compliance and the Development Services
Director, or designee, is hereby authorized to execute the same. The Owner(s)
further agree that such indemnification and hold harmless shall include all defense
related fees and costs associated with the defense of the City by counsel approved
by the City. This indemnification shall not terminate upon expiration of the
conditions of approval or completion of the project, but shall survive in perpetuity.
DISCLOSURES
This notice constitutes a decision of the Development Services Department only for the
discretionary entitlement. Additional permits, such as Building and Grading Permits, may be
required by the Development Services Department or other City Departments. It is the property
owner's and applicant'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, the decision of the
Development Services Department may be appealed to the City Council within 10 calendar days
of the date of this determination. The appeal must be filed, accompanied by a $300 filing fee,
prior to 5 p.m. on the 1011 calendar day following the date of this Notice of Decision. Any filing of
an appeal will suspend this action as well as any processing of permits in reliance thereon in
accordance with Encinitas Municipal Code Section 1.12.020(D)(1) until such time as an action is
taken on the appeal. The action of the Development Services Department may not be
appealed to the Coastal Commission.
SIGNATURE
hna Colamussi
Planning Manager
10 of 10