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1992-06 . RESOLUTION NO. L 92-06 A RESOLUTION OF THE LEUCADIA COMMUNITY ADVISORY BOARD APPROVING A BOUNDARY ADJUSTMENT IN ACCORDANCE WITH SECTION 24.70.060 OF THE SUBDIVISION ORDINANCE FOR PROPERTY IDENTIFIED AS 748, 750 AND 754 PLATO PLACE (CASE NO: 92-043BA/CC) WHEREAS, Bradley Gerlach, Edwin and Dorothy Turner, and Wayne and Gloria Matteson applied for a Boundary Adjustment and certificate of Compliance in accordance with Chapter 24.70 of the Subdivision Ordinance of the Municipal Code to allow the adjustment of the interior lot lines among three existing lots of record. WHEREAS, the properties are located at 748, 750 and 754 Plato Place described as follows: (SEE ATTACHMENT "A") . WHEREAS, a public hearing was conducted on the application on June 4, 1992 by the Leucadia Community Advisory Board, at which time all persons desiring to be heard were heard; and, WHEREAS, evidence was submitted and considered to include without limitation: a. Boundary Adjustment Plan submitted by the applicant and dated received by the city on May 15, 1992 consisting of two sheets; and b. written information submitted with the application; and c. Oral testimony from staff, applicant, and public made a part of the record at said public hearing; and d. Leucadia Community Advisory Board agenda report dated May 28, 1992, which is incorporated by this reference as though fully set forth herein; and e. Additional written documentation. . CR/02/CROll-928wp51 (6/10/92-1) . NOW, THEREFORE BE IT RESOLVED that the following findings are made by the Leucadia Community Advisory Board of the City of Encinitas: (SEE ATTACHMENT "B") BE IT FURTHER RESOLVED THAT the application for Boundary Adjustment 92-043BA/CC is hereby APPROVED subject to the following conditions: (1) Pursuant to section 24.70.100 of the Encinitas Municipal Code, the lot line adjustment shall be valid until June 4, 1993, one (1) year from the date of action by the Community Advisory Board or appeal authority, prior to which time 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) 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 callout the appropriate closure calculations for each parcel as adjusted and must be prepared to the satisfaction of the City Engineer. (3) 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. (4) This approval may be appealed to the Planning commission within 15 calendar days from the date of this approval. (5) Prior to any future development of the project site, all conditions of approval contained herein shall be completed or agreed to the satisfaction of the Director of Planning and Community Development. (6) Prior to recordation of Certificates, all impact, cost recovery and project processing fees (as applicable) shall be received by the city. . CR/02/CROll-928wp51 (6/10/92-1) . (7) Approval of this request does not waive compliance with any section of the Zoning Development Code and all other applicable City Ordinances. (8) The application request is approved as submitted and shall not be altered without authorized agency review and approval. (9) Prior to recordation of the Certificates, 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. (10) 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. (11) A seven foot strip along the project frontage of Plato Place shall be dedicated to the City of Encinitas to complete a 54' foot right-of-way, 27' feet from the centerline. BE IT FURTHER RESOLVED by the Leucadia Community Advisory . Board of the city of Encinitas that: This project was found to be exempt from environmental review per section 15305(a) of CEQA. PASSED AND ADOPTED this 4th day of June, 1992, by the following vote, to wit: AYES: Boardmembers Allen, Eldon, Buck, Fahlberg NAYS: None ABSENT: Boardmember Cameron (potential conflict of interest) ABSTAIN: None -f1'Uß~~ '11. a;ß1J~-'"7 -- Melissa A len~ Chairperson of the Leucadia Community Advisory Board ,- A~TEST: . / , V, a/hC d . t5<Cv.- f \ (/¡ Diane S. Langager /' '\ Assistant Planner ;.f . CR/02/CROll-928wp51 (6/10/92-1) . ATTACHMENT liB" RESOLUTION NO. L-92-06 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. Facts: The proposed application will result in adjusting the interior lot lines of three existing parcels into three parcels having an approximate net lot areas of 51,276, 26,770 . and 19,922 square feet. Discussion: The net lot size for parcels "A" and "B", after the proposed boundary adjustment, will continue to exceed the minimum lot size of 21,500 square feet. Lot "C", a legal nonconforming lot, is presently 13,626 square feet (net) and will be 19,922 square feet (net) with the proposed lot line adjustment. This application will not create a nonconforming lot but rather will be reducing the degree of nonconformity by increasing the net lot size of lot "C" by approximately 6,296 square feet. Conclusion: The Board 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 for the RR-2 zone. B. The Boundary Adjustment will not create a condition which does not comply with building regulations. Facts: The application does not propose any new building or construction for any of the subject parcels at this time. Discussion: No new building or construction is proposed for . any of the subject parcels at this time. CR/02/CROll-928wp51 (6/10/92-1) . Conclusion: The Board 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. Facts: There are no public improvements planned for or adjacent to the subject parcels. Discussion: No evidence has been submitted to indicate that the adjustment would affect any planned public improvements. Conclusion: The Board finds that the Boundary Adjustment will not materially or adversely affect an agreement for the security for the construction of public improvements. D. The property is within the City boundaries. Facts: The entire project area is within the incorporated boundaries of the City of Encinitas. Conclusion: The Board finds that the entire project area is within the incorporated boundaries of the City of Encinitas. . E. The Boundary Adjustment will not require substantial alteration of any existing improvement or create a need for any new improvement. Facts: The Boundary Adjustment does not require substantial alteration of any existing improvement or create a need for any new improvement. Discussion: The Boundary Adjustment does not require substantial alteration of any existing improvement or create a need for any new improvement. Conclusion: The Board finds that the Boundary Adjustment will not require substantial alteration of any existing improvement or create a need for any new improvement. 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. Facts: There are no public improvements planned for or adjacent to the subject parcels. . CR/02/CROll-928wp51 (6/10/92-1) . Discussion: No evidence has been submitted to indicate that the adjustment would affect any planned public improvements. Conclusion: The Board finds that the Boundary Adjustment does not adjust the boundary line between lots which are subject to an agreement for public improvements. . . CR/02/CROll-928wp51 (6/10/92-1)