1994-036CITY OF ENCINITAS
COMMUNITY DEVELOPMENT DEPARTMENT
505 So. Vulcan Ave.
Encinitas, CA 92024
(619) 633-2710
NOTICE OF DECISION
DCD-94-036
June 29, 1994
This letter is to inform you that the Director of Community
Development has approved your application for:
94-079 BA (Cavenaugh) - Boundary Adjustment among 2 legal
lots in the D-CM-1 Zone (APN: 258-161-04, 258-190-21).
This approval is subject to the following findings, per
Section 24.70.060 of the Municipal Code:
1. The project site consists of a restaurant (Parcel "A")
and a commercial building/operation (Parcel "B"). The
primary purpose of the boundary adjustment is to correct
an encroachment of "George's Restaurant" over the
existing easterly property line, onto the adjacent
property ("Redsand, Inc").
The proposed boundary adjustment will result in lots
which meet or exceed zoning and development regulations,
including access, dimensions, lot size, and parking and
setbacks. The project site currently consists of two
legal lots. The applicants propose to adjust the lots,
to conform with existing development. The applicable D-
CM-1 Zone specifies a minimum lot size of 3,200 sq. ft.
net area. The proposed parcel "A", currently at
approximately 2, 675 sq. ft. , will increase in size by 411
sq. ft. to approximately 3,086 sq. ft. This change will
reduce the degree of the existing nonconformity of the
substandard sized lot. Parcel "B" will be reduced by 411
sq. ft. and will have a net area of approximately 60,747
sq. ft.
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.
JK/94079BA.DEC (6-29-94)
4. The project does not require any substantial alteration
of any existing improvement or create a need for any new
improvement.
5. The adjustment does not adjust the boundary between lots
which are subject to an agreement for public
improvements.
6. The boundary adjustment is found to be exempt from
Environmental Review pursuant to CEQA Section 15305(A).
This approval is subject to the following conditions:
1. GENERAL CONDITIONS
A. This approval will expire in two years, on June 29, 1996,
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.
B. Project is approved as submitted as evidenced by the
application and adjustment plat dated received by the
City of Encinitas on May 27, 1994.
C. 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.
D. 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.
E. The owners shall cause to be recorded deeds and legal
descriptions transferring the property as shown.on the
resubmittal plat (if properties are in separate
ownership).
F. Completion of this lot line adjustment shall require the
recordation of a Certificate of Compliance for each lot
as adjusted. New deeds of ownership shall be prepared
and recorded, reflecting the adjusted lots, as approved.
New legal descriptions reflecting the adjusted parcels
shall be prepared to the satisfaction of the Community
Development Department. A subdivision map of record
reflecting the boundaries resulting from this action may
serve as a substitute for a Certificate of Compliance.
JK/94079BA.DEC (6-29-94)
G. Permits or findings of exemption shall be obtained from
the State Coastal Commission and any other applicable
Government agencies.
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 Jim Kennedy at the Community Development Department by
telephoning (619) 633-2715.
G Sandra Holder
Community Development Director
JK/94079BA.DEC (6-29-94)