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1996-086CITY OF ENCINITAS COMMUNITY DEVELOPMENT DEPARTMENT 505 So. Vulcan Ave. Encinitas, CA 92024 (619) 633-2710 NOTICE OF DECISION DCD-96-086 REVISED DECEMBER 17,1996 This letter is to inform you that the Director of Community Development has denied your application for: 96-181 BA (Lattin/Blake) - Boundary Adjustment among four perceived legal lots, for the property located at 598 Hermes Avenue in the R-8 Zone (APN: 256-100-05). The applicant seeks a Certificate of Compliance to recognize four legal lots, and to adjust said lots. After an analysis of the information submitted by the applicant, the Community Development Department has determined that four legal lots may not be recognized. Lots 5, 6, 11, & 12 were established as part of record map no. 570. The property owner in 1963 sought action by the County of San Diego to modify the lots created by map 570; the County action was approved and is today recognized. The above determination is supported by the following citations (All citations are from the State Map Act) and findings: Section 66412(d): A lot line adjustment between two or more existing parcels, where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created.... Section 66412.6(a): For purposes of this division or of a local ordinance enacted pursuant thereto, any parcel created prior to March 4, 1972, shall be conclusively presumed to have been lawfully created if at the time of the creation of the parcel there was compliance with any local ordinance or there was no local ordinance in effect which regulated divisions of land creating fewer than five parcels. BW/96181BA (12-16-96) Pursuant to Section 66412(d), a boundary adjustment can not create new lots. The applicant has not supplied evidence to indicate that 4 lots are existing legal lots pursuant to Sections 66412.6(a).. To the contrary, the applicant has supplied a copy of County of San Diego Division of Land Plat 256- 100-2, approved February 5, 1963. The County action showed the subject real property in question and approximately 35 feet of additional land to the north of the subject real property as Parcel "A" of the approved Division of Land Plat. On March 18, 1963, the County of San Diego approved Boundary Adjustment plat 256-100-3; that Boundary Adjustment adjusted the approximately 35 feet of additional land to the north from the subject property. The subject property is shown on Boundary Adjustment plat 256-100-3 as approximately 5/8 of acre with dimensions of approximately 100 by 300 feet. Document 87030 was recorded on May 14, 1964 and County of San Diego Division of Land Plat 256-100-4 was approved on April 2, 1971; the document and that plat showed Lot 7 of record map 570 and approximately 8 feet of Lot 6 of record map 570 as one parcel (Parcel B on plat 256-100-4)). Division of Land Plats were used in the County of San Diego prior to 1972 to subdivide land. Available evidence indicates that the owner at the time of the County approval intended to create the parcel of land shown on the Division of Land Plat. The grant deed whereby the applicant acquired ownership of the property, recorded as document 1996- 029484 on June 13, 1996, has attached as Exhibit "A" a legal description which describes the subject property consistent with the County approvals. The parcel in question, assessor parcel 256 -100 - 05, is of record as being subject to at least three different actions by the County of San Diego as noted above. The parcel configuration existing today is in substantial conformance to the parcels as approved on plat 256 - 100 - 3. The legal description which describes the parcels today is essentially the same as the legal description in 1963. There is a record of recorded deeds to indicate that previous owners agreed with the status of the lot as approved on boundary adjustment plat 256 - 100 - 3. Additionally, pursuant to Section 66412.6(a), as cited above, the parcel as it exists today was in compliance with local ordinances since the County of San Diego, at the request of the then property owners, authorized the lawful creation of boundaries as shown on the plats cited above. Since the property owner and the County of San Diego have taken steps to show the parcel boundaries as noted above, an assertion that there are rights to underlying map 570, as shown on the assessor map, are without merit. 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. 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 BW/96181BA (12-16-96)