2004-439617
. -- ' _2004-0439617
8 DOC
When Recorded Mail To ) MAY 1.4, 2004 9:30 At-'1!
And Recording Requested By: )
~,\ ) OFFICIAL RECORDS
) SAN DIEGO COUNTY RECORDER'S OFFICE
) GREGORY J. SMITH, COUNTY RECORDER
City Clerk ) FEES: 16.00
I'J City of Encinitas )
505 S. Vulcan Avenue )
Encinitas, CA 92024 ) SPACE ABOVE FOR RECORDER'S USE
IPN.:; ~~r¡-(%S" ~ <¿~::' NOT APPROVED FOR DEVELOPMENT
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1ri CERTIFICATE OF COMPLIANCE
(Section 66499.35 of the Government Code)
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íO IN COMPLIANCE:
it The Planning & Building Director of the City of Encinitas has determined that the parcel of real
property described below has been divided or has resulted from a division in compliance with the
Subdivision Map Act and with the provisions of the City of Encinitas Municipal Code. The parcel
described herein may be sold, leased, or financed without further compliance with the Subdivision Map
Act or any local ordinance enacted pursuant to the Act. Development of the parcel may require
issuance of a permit or permits, or other grant or grants of approval.
Pursuant to Section 24.60.050 of the City of Encinitas Municipal Code a parcel map waiver may be
applied to condominium conversions when no new units or lots are being created. The existing units
are located on one existing legal lot, and no new lots are proposed by Notice of Decision, DCD 2003-
98. The proposed condominium conversion is subject to the specific physical standards listed in
Municipal Code Section 24.40.060. This Certificate of Compliance applies to Tentative Parcel Map
02-239 approved by Notice of Decision, DCD 2003-98, December 10, 2003 in compliance with the
required standards pertaining to minimum lot size and dimensions.
Notice of Decision, DCD 2003-98 Specific Condition SCB required the following statement to
appear in the recorded certificate of compliance: "This project is a common interest subdivision
consisting of a two-unit condominium plan pursuant to Section 1351 of the California Civil Code. "
Notice of Decision, DCD 2003-98 Specific Condition SCC required the following statement to
appear in the recorded certificate of compliance: "This project is a condominium conversion of a
legal nonconforming use. Pursuant to Municipal Code Chapter 30.76 (Non-conformities), specific
restrictions are placed on alterations, modifications and additions to nonconforming structures and
uses. Future property buyers should contact the City of Encinitas to determine any potential
restrictions on alterations, modifications or additions to the individual units."
Case No: 04-017 CC (Von Chmieliewski)
Applicant: Wolfgang & Cheryl Von Chmieliewski
Owner: Wolfgang & Cheryl Von Chmieliewski
Description: (See Exhibit "A", attached)
Plat Map: (See Exhibit "B", attached)
CD/da/g\O4-0 17 CC VonChmielewski 1
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NOTE: The description in Exhibit "A" and Plat in Exhibit "B", attached, have been provided by the
owner of the property, and neither the City of Encinitas nor any of its officers or employees assume any
responsibility for the accuracy of said descriptions or Plats.
This Certificate of Compliance shall in no way affect the requirements of any City, County, State,
Federal or local agency that regulates development of real property.
Case No: 02-239 TPM/CDP Yon Chmielewski DCD 2003-98 dated December 10,2003, is on file
at the Planning & Building Department.
Date: May 10, 2004
Dated ~ /0, zø¡ b~ 1. )~ Lv.. c.......-
I Bill eedman
(Notarization not required) City Planner
CD/da/g\O4-017 CC VonChmielewski 2
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Exhibit "A"
LEGAL DESCRIPTION
CERTIFICATE OF COMPLIANCE
LOT 3 OF LA COSTA DEL PACIFICO, IN THE CITY OF ENCINITAS, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 8359, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 13, 1976,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT 3; THENCE ALONG THE
EASTERLY LINE THEREOF SOUTH 15°38'13" EAST, 103.12 FEET TO THE
SOUTHEASTERLY CORNER OF SAID LOT 3; THENCE ALONG THE SOUTHERLY LINE
THEREOF SOUTH 72°07'20" WEST, 0.81 FEET TO THE BEGINNING OF A NON-TANGENT
20.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE THROUGH SAID
POINT BEARS SOUTH 15°46'13" EAST; THENCE WESTERLY ALONG THE ARC OF SAID
CURVE 11.35 FEET THROUGH CENTRAL ANGLE OF 32°30'53" TO THE BEGINNING OF A
NON-TANGENT 70.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE
THROUGH SAID POINT BEARS NORTH 16°32'11" EAST; THENCE WESTERLY ALONG
THE ARC OF SAID CURVE 49.00 FEET THROUGH A CENTRAL ANGLE OF 40°06'21" TO
THE SOUTHWESTERLY CORNER OF SAID LOT 3; THENCE ALONG THE WESTERLY LINE
THEREOF NORTH 23°32'10" WEST, 90.71 FEET TO THE NORTHWESTERLY LINE OF SAID
LOT 3; THENCE ALONG THE NORTHERLY LINE THEREOF NORTH 74°15'57" EAST, 70.96
FEET TO THE POINT OF BEGINNING.
JANUARY 5, 2004
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BOUNDARY PLAT
CERTIFICATE OF COMPUANCE
Exhi~it "B"
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\ LINE TABLE
LINE LENGTH BEARING
fI \ L1 0.81 S72.07'20"W
CURVE TABLE
CURVE DELTA LENGTH RADIUS
C1 32"30'53" 11.35 20.00
SCALE: 1" = 40' C2 40.06'21" 49.00 70.00
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~ SAN DIEGUITO ENGINEERING, INC.
4407 MANCHESTER, SUITE 105
ENCINITAS, CA. 92024
PHONE: (760) 753-5525
CIVL ENGINEERING. PLANNING
LAND SURVEYING
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