1990-25
.. .
RESOLUTION NO. L-90-25
8 A RESOLUTION OF THE LEUCADIA
COMMUNITY ADVISORY BOARD TO APPROVE
A BOUNDARY ADJUSTMENT TO REALIGN THE LOT
LINES OF THREE EXISTING
LEGAL LOTS LOCATED AT THE NORTHEAST QUADRANT
OF THE INTERSECTION OF NORTH VULCAN AVENUE
AND JASON STREET
(CASE NO. 90-165 BA)
WHEREAS, a request for consideration of a boundary adjustment
was filed by Douglas Harwood to allow for the realignment of lot
lines for three existing legal lots, as per Chapter 24.70 of the
City of Encinitas Municipal/Zoning Codes, for the property located
at North Vulcan Avenue and Jason street legally described as:
SEE ATTACHMENT "A"
WHEREAS, a public hearing was conducted on the application,
September 6,1990, and all persons desiring to be heard were heard;
and
WHEREAS, evidence was submitted and considered to include
without limitation:
1. The staff report dated August 30, 1990;
8 2. The proposed General Plan, Zoning Code and maps;
3. Oral evidence submitted at the hearing;
4. written evidence submitted at the hearing;
5. Documentation and site plans submitted by the applicant;
and
WHEREAS, the Leucadia Community Advisory Board made the
required findings pursuant to section 24.70 of the Subdivision
Ordinance:
SEE ATTACHMENT "B"
NOW, THEREFORE, BE IT RESOLVED by the Leucadia Community
Advisory Board of the City of Encinitas that the Boundary
Adjustment Application is hereby approved subject to the following
conditions:
SEE ATTACHMENT "C"
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8 PASSED AND ADOPTED this 6th day of August, 1990, by the
following vote, to wit:
AYES: Kaden, Jacobson, Eldon, Locko
NAYS: None
ABSENT: Shur
ABSTAIN: None nCfL ~
~len Shur, Chairperson
of the Leucadia
Community Advisory Board
'.{Æ/
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ATTACHMENT nAn
8 LEUCADIA COMMUNITY ADVISORY BOARD
RESOLUTION NO. L-90-25
LEGAL DESCRIPTION
PARCEL A
THAT PORTION OF THE WESTERLY 159 FEET OF LOTS 1 AND 2 IN BLOCK 3
OF SOUTH COAST PARK, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1776, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 11,
1924, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1; THENCE ALONG THE
SOUTHERLY LINE OF SAID LOT 1, NORTH 740 16' 30" EAST 119.00 FEET
TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID
SOUTHERLY LINE OF SAID LOT 1, NORTH 74016' 30" EAST 40.00 FEET TO
A POINT ON THE EASTERLY LINE OF THE WESTERLY 159 FEET OF SAID LOTS
1 AND 2; THENCE ALONG SAID EASTERLY LINE OF THE WESTERLY 159 FEET
OF SAID LOTS 1 AND 2, NORTH 15° 43' 30" WEST 98.75 FEET; THENCE
SOUTH 74° 16' 30" WEST 40.00 FEET; THENCE SOUTH 15° 43' 30" EAST
98.75 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL B
8 THAT PORTION OF THE WESTERLY 159 FEET OF LOTS 1 AND 2 IN BLOCK 3
OF SOUTH COAST PARK, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1776, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 11,
1924, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 1; THENCE ALONG THE
SOUTHERLY LINE OF SAID LOT 1, NORTH 74° 16' 30" EAST 119.00 FEET;
THENCE NORTH 15° 43' 30" WEST 103.75 FEET; THENCE SOUTH 74° 16' 30"
WEST 40.00 FEET; THENCE SOUTH 15043' 30" EAST 5.91 FEET; THENCE
SOUTH 74° 16' 30" WEST 79.00 FEET TO A POINT ON THE EASTERLY LINE
OF VULCAN AVENUE AS SHOWN ON SAID MAP NO. 1776; THENCE SOUTH 15°
43' 30" EAST 97.84 FEET TO THE POINT OF BEGINNING.
PARCEL C
THAT PORTION OF THE WESTERLY 159 FEET OF LOT 2 IN BLOCK 3 OF SOUTH
COAST PARK, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1776, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 11,
1924, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 2; THENCE ALONG THE
WESTERLY LINE OF SAID LOT 2, SOUTH 15° 43' 30" EAST 62.16 FEET;
8 JJ/jm/CRO7-647WP53(9-17-90/2)
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THENCE NORTH 74016' 30" EAST 79.00 FEET; THENCE NORTH 15043' 30"
8 WEST 5.91 FEET; THENCE NORTH 740 16' 30 EAST 40.00 FEET; THENCE
SOUTH 150 43' 30" EAST 5.00 FEET; THENCE NORTH 740 16' 30" EAST
40.00 FEET TO A POINT ON THE EASTERLY LINE OF THE WESTERLY 159 FEET
OF SAID LOT 2, THENCE ALONG SAID EASTERLY LINE OF THE WESTERLY 159
FEET OF SAID LOT 2, NORTH 15043' 30" WEST 61.25 FEET TO A POINT
ON THE NORTHERLY LINE OF SAID LOT 2; THENCE ALONG SAID NORTHERLY
LINE OF SAID LOT 2, SOUTH 74016' 30" WEST 159.00 FEET TO THE POINT
OF BEGINNING.
8
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ATTACHMENT nBn
8 LEUCADIA COMMUNITY ADVISORY BOARD
RESOLUTION NO. L-90-25
Findings for a Boundary Adjustment
(Section 24.70.060 Municipal Code)
1. Create a condition which does not comply with zoning and
development regulations. All parcels resulting from a lot
line adjustment shall comply with 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 through 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.
Evidence: The parcels resulting from the boundary adjustment
at 3,950 square feet, 11,879 square feet, and 9,610 square
feet all meet or exceed the lot size requirements for the R-
11 zone. In addition, in terms of lot width and depth the
8 minimum requirements are either met or exceeded by the
proposed parcels. The existing single family residence on
parcel B also meets or exceeds zoning code criteria for all
development criteria including setbacks, parking standards,
lot coverage, floor area ratio and building height. The
detached garage is also pursuant to Code.
The boundary adjustment will provide a better design with more
useable lot area for parcel C and resolve the building
encroachment into the setbacks created by the existing garage.
2. Create a condition which does not comply with building
regulations.
Evidence: The adjustment will not create a condition which
does not comply with building regulations.
3. Materially, adversely affect an agreement for the security for
the construction of public improvements.
Evidence: No security agreements for public improvements have
been identified to be affected by the requested lot line
adjustment.
4. Extends beyond the City limit boundary.
8 JJ/jm/CRO7-647WP55(9-17-90/2)
8 Evidence: All properties are entirely within city boundaries.
5. Requires substantial alteration of any existing improvement
or creates a need for any new improvements.
Evidence: No existing improvements would be impacted by the
lot line adjustment if the variance application is approved.
6. Adjusts 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 for the security therefor.
Evidence: See finding "3".
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ATTACHMENT ncn
8 LEUCADIA COMMUNITY ADVISORY BOARD
RESOLUTION NO. L-90-25
Conditions
1. SPECIFIC CONDITIONS
A. A certificate of compliance regarding said Boundary
Adjustment shall be recorded with the County Recorder.
B. The applicant(s) shall set monuments on all property
corners of the adjusted parcels in accordance with the
standards of Title 24.
C. A record of survey map shall be prepared and the final
record of survey map shall be recorded with the County
Recorder.
D. The final record of survey map shall contain a signed
certificate by a designated officer of the Health
Department.
E. The applicant(s) shall prepare and record new deeds of
property ownership to conf orm to the adjusted lots as
8 approved.
F. The applicant(s) shall submit to the Director of
community Development copies of the recorded record of
survey map, copies of the recorded deeds of ownership,
and closure calculations for each of the lots as
adjusted.
G. New legal descriptions for the purpose of amending the
deeds for each property shall be submitted to the
Community Development Department. The legal descriptions
shall callout the appropriate closure calculations for
each lot as adjusted.
H. Pursuant to section 24.70.100 of the Encinitas Municipal
Code, the lot line adjustment shall be valid for one (1)
year from the date of action by the authorized agency or
appeal authority, prior to which time the applicant must
prepare a plat map in accordance with a recorded Record
of Survey which describes the monuments set to establish
the interior lot line as the boundary between the two
properties.
2. GENERAL CONDITIONS
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A. This approval may be appealed to the Planning Commission
8 within 15 calendar days from the date of this approval.
B. In the event that any of the conditions of this permit
are not satisfied, the Planning and Community Development
Department shall cause a noticed hearing to be set before
the authorized agency to determine why the City of
Encinitas should not revoke this approval.
C. Upon a showing of compelling public necessity
demonstrated at a noticed hearing, the City of Encinitas,
acting through the authorized agency, may add, amend, or
delete conditions and regulations contained in this
permit.
D. Nothing in this permit shall authorize the applicant to
intensify the authorized activity beyond that which is
specifically described in this permit.
E. Approval of this request shall not waive compliance with
any sections of the Zoning Development Code and all other
applicable City Ordinances.
F. Permits or findings of exemption shall be obtained from
other agencies as follows:
state Coastal Commission
8 G. The application is approved as submitted and shall not
be altered without authorized agency review and approval.
APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
3. FIRE
A. Prior to final approval, the applicant shall submit a
letter from the Fire District stating that all
development impact, plan check and/or cost recovery fees
have been paid or secured to the satisfaction of the
District.
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