1992-016CITY OF ENCINITAS
COMMUNITY DEVELOPMENT DEPARTMENT
527 Encinitas Blvd.
Encinitas, CA 92024
(619) 944-5060
NOTICE OF DECISION
DCD-92-016
September 1, 1992
This letter is to inform you that the Director of Community
Development has approved your application for:
92-152 BA/CC (Grandquist/Rettlewell/Diskin; Herald Lantis)-
Boundary Adjustment between three legal lots of record for
property located at 3675, 3711 and 3715 Copper Crest Drive.
This approval is subject to the following conditions:
(1) Pursuant to Section 24.70.100 of the Encinitas Municipal
Code, the lot line adjustment shall be valid for two (,2)
years from the date of this approval unless an appeal is
filed pursuant to Chapter 1.12 of the Municipal Code.
Prior to the expiration of this approval, the property
owner must prepare a Plat Map (in accordance with Record
of Survey Standards) which describes the monuments set to
establish the adjusted interior lot lines. Said Plat Map
(or other legal instrument) must be prepared to the
satisfaction of the City Engineer.
(2) The Plat Map shall conform to the approved Boundary
Adjustment indicated on the plan dated received by the
City on August 4, 1992 and the plan showing existing
structures received by the City on August 14, 1992. All
existing structures shall be indicated on the Plat Map
with distances from the structures to the property lines
accurately shown. Adjusted Boundary Lines shall not
create a setback less than that prescribed by the Zoning
District.
(3) In addition to the above described Plat Map, new legal
descriptions for the purpose of amending the deeds for
each adjusted parcel shall be submitted to the Community
Development Department. The legal descriptions shall
call out the appropriate closure calculations for each
parcel as adjusted and must be prepared to the
satisfaction of the City Engineer.
(4) Upon written conformation by the City Engineer that the
Plat Map and the legal descriptions are technically
correct and conform to this approval, the Community
Development Department shall prepare and have recorded a
Certificate of Compliance for each adjusted parcel.
(5) This approval may be appealed to the City Council within
15 calendar days from the date of this approval.
(6) In the event that one or more of the conditions imposed
on this Boundary Adjustment is/are not satisfied, the
Community Development Department shall notify the
property owner of the date a determination will be made
as to if the City of Encinitas should revoke this
approval.
(7) Prior to any future development of the project site, all
conditions of approval contained herein shall be
,completed (or agreed upon) to the satisfaction of the
Director of Community Development.
(8) Prior to recordation of the Certificates of Compliance,
all impact, cost recovery and project processing fees (as
applicable) shall be received by the City.
(9) Approval of this request does not waive compliance with
any section of the Zoning Development Code and all other
applicable City Ordinances.
(10) The application request is approved as submitted and
shall not be altered without authorized agency review and
approval.
(11) Prior to recordation of the Certificates of Compliance,
the property owner shall submit a letter from the Fire
Prevention District stating that all development impact,
plan check and/or cost recovery fees have been paid or
secured to the satisfaction of the District.
(12) Prior to recordation of the Certificates of Compliance,
any parcel which is served by an on-site sewage disposal
system must be reviewed by the County Department of
Health to ensure that the proposed lot line adjustment:
A. Will not adversely impact upon existing sewage
disposal facilities; and
B. Will conform to all property line setback
requirements for sewage disposal facilities.
C. No lot line adjustment shall be approved for any
property with a substandard, on-site sewage disposal
system unless such system is improved to conform with
then existing standards.
D. Upon review and approval by the County
Department of Health, a designated officer of the
Department shall sign a certificate on the proposed
Record of Survey for any property with an on-site sewage
disposal system.
(13) Any change to the natural drainage or concentration of
drainage shall be adequately handled and shall not impact
adjacent properties to the satisfaction of the City
Engineer.
This approval is based upon the following findings pursuant to
section 24.70.060 of the City of Encinitas subdivision ordinance:
A. A Boundary Adjustment shall not create a condition which does
not comply with zoning and development regulations. All
parcels resulting from a lot line adjustment shall comply with
the minimum city requirements for lot size, dimensions,
access, parking and circulation, and all other applicable
development standards established through the zoning and
development code. The lot line adjustment shall also be found
to promote available design standards and guidelines as
established by the zoning and development code. The lots
resulting from 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.
FINDING: The Community Development Department finds that the
lot line adjustment will result in adjusting the interior lot
lines of three existing parcels into three parcels having
2.00, 2.65 and 2.22 net acres in conformance with the Rural
Residential (0.26-0.50 DU/AC) Zoning District standard. The
site plan indicates that all building setbacks required by the
RR-2 Zoning standards will be maintained. Access to all three
parcels will be maintained per the access easements described
in the Grant Deeds and will not be affected by the adjustment.
The Department cannot identify any aspect of the lot line
adjustment which does not comply with the regulations
established by the zoning and development code for lot size,
density, dimensions, access, parking and circulation and all
other aspects of the zoning standards.
B. The Boundary Adjustment will not create a condition which does
not comply with building regulations.
FINDING: The Community Development Department finds that the
adjustment will not create any nonconformities relative to
setbacks, lot coverage, access or any other building
regulation currently required by the City.
C. The Boundary Adjustment will not materially or adversely
affect an agreement for the security for the construction of
public improvements.
FINDING: The Community Development Department finds that the
adjustment will not affect any planned public improvements.
D. The property is within the City boundaries.
FINDING: The Community Development Department finds that the
entire project area is within the incorporated boundaries of
the City of Encinitas (Olivenhain Community).
E. The Boundary Adjustment will not require substantial
alteration of any existing improvement or create a need for
any new improvement.
FINDING: The Community Development Department finds that no
existing public improvements would be adversely impacted by
the Boundary Adjustment and that no new public improvements
will be required due to the adjustment.
F. The Boundary Adjustment does not adjust the boundary line
between lots which are subject to an agreement for public
improvements, unless the City Engineer finds that the proposed
adjustment will not materially affect such agreement or the
security thereof.
Evidence: (See finding "C").
In accordance with the provisions of the Municipal Code, this
decision may be appealed to the City Council within fifteen (15)
calendar days of the date of this determination. A fee of $100.00
is required for all appeals. 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 Craig Olson at the Community Development Department by
telephoning (619) 944-5060.
% * c S. t
Community Deve~klophpment Director
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