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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