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.
.
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. 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.
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. (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
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. 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.
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. 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.
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. 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.
.
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