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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)