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1991-07 RESOLUTION NO. OE91-07 A RESOLUTION OF THE OLD ENCINITAS COMMUNITY ADVISORY BOARD APPROVING A BOUNDARY ADJUSTMENT BETWEEN TWO EXISTING PARCELS LOCATED AT 839 REGAL RD. IN OLD ENCINITAS (CASE NUMBER 91-029BA/CC) WHEREAS, a request for consideration of a boundary adjustment and certificate of compliance was filed by Nancy Jessop to allow adjustment of a boundary line between two existing legal parcels of 2.5 and .5 acre areas into two adjusted lots of 1.75 and 1.25 acres in area, for property in the R3 zone in accordance with Chapter 24.70 of the City of Encinitas Municipal Code, located at 839 Regal Rd., legally described as: (SEE ATTACHMENT" C") WHEREAS, a public hearing was conducted on the application on April 11, 1991, and; WHEREAS, the Community Advisory Board considered: 1. The staff report with attachments dated April 3, 1991; 2. The application and adjustment plat dated received Feb. 15, 1990; 3. Oral evidence submitted at the hearing; 4. Written evidence submitted at the hearing; and WHEREAS, the Old Encinitas Community Advisory Board made the following findings pursuant to Section 24.70.060 of the Encinitas Municipal Code: (SEE ATTACHMENT "A") NOW, THEREFORE, BE IT RESOLVED by the Old Encinitas Community Advisory Board of the City of Encinitas that application 91- 029BA/CC is hereby approved subject to the following conditions: (SEE ATTACHMENT "B") BE IT FURTHER RESOLVED by the Old Encinitas Community Advisory Board of the City of Encinitas that: This project was found to be exempt from environmental review in accordance with Sect. 15305 (a) of the California Environmental Quality Act (CEQA) Guidelines. TC/90029BA.RES PASSED AND ADOPTED this 11th day of April, 1991, by the following vote, to wit: AYES: Cartwright, Cowen, Lewis, Steyaert NAYS: None ABSENT: None ABSTAIN: None 1M.-< inia Cart ight, Chair- son of the Old Encini tas mmunity Advisory Board ATTEST: ~~ Tom Curr en Associate Planner TC/90029BA.RES RESOLUTION NO. OE91- ATTACHMENT "A" FINDINGS FOR A BOUNDARY ADJUSTMENT (SECT. 24.70.060) (Case No. 91-029BA/CC) An application for a boundary adjustment shall be approved unless the parcels resulting from the adjustment will: a. 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 developments standards established through the zoning 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 within limitations for lot density and intensity of development and use as established through the zoning and development code. Evidence: Staff have identified no standards in the zoning or municipal codes with which this adjustment will be inconsistent. The resulting lots will exceed the area requirements of the R3 zone with the smallest lot being 1. 25 acres, and conform with all other Subdivision Ordinance and Zoning Ordinance requirements as to lot design, width and depth. The lots take access from Regal Rd. via an unimproved driveway. b. Create a condition which does not comply with building regulations. Evidence: No lot line will be adjusted or created which will produce any nonconformities as to setbacks, and staff have identified no other U. B. C. provisions with which this adj ustment would be inconsistent. The existing home on the northerly parcel will observe a 25 ft. interior setback after the adjustment and ample area will exist within the southerly parcel to accommodate a single-family residence meeting setbacks. c. Materially, adversely effect an agreement for the security for the construction of public improvements. TC/04/MS12-1456WP5 (3-2-90) Evidence: No public improvements are being required in conjunction with the adjustment and no agreements have been identified presently in place which would be adversely effected by it. d. Extends beyond the limits of the city. Evidence: The project site is entirely within City boundaries. e. Requires substantial alteration of any existing improvement or creates a need for any new improvement. Evidence: Public improvements are not presently in place (either adjacent to the subject property or in the vicinity) and are not being required in conjunction with this application. f. Adjusts the boundary 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 security therefor. Evidence: staff have identified no agreements for public improvements or security therefor which would be affected by this boundary adjustment. TC/04/MS12-1456WP5 (3-2-90) CONDITIONS OF APPROVAL ATTACHMENT "B" Applicant: Jessop Case No.: 91-029 BA/CC Subject: Boundary Adjustment between 2 Parcels Location: 839 Regal Road I. SPECIFIC CONDITIONS 1. 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 of the authorized agency or appeal authority, prior to which time the applicant must prepare a Record of Survey Map which describes the monuments set to establish the boundary between the properties described herein; said plat or other legal instrument must be prepared to the satisfaction of the city Engineer. Said Record of Survey Map shall bear all required Health Department certifications for on-site sewer systems to the satisfaction of the community Development Department. 2. Pursuant to Section 24.70.110 of the Encinitas Municipal Code, the applicant(s) shall comply with conditions imposed, set monuments on all property corners of the adjusted parcels in accordance with the standards of this Title, and have a final record of survey map recorded at the Office of the County Recorder. The applicant(s) shall also have prepared and recorded new deeds of property ownership to conform to the adjusted lots as approved. The applicant(s) shall deliver to the Director of community Development copies of the recorded record of survey plat and the recorded deeds of ownership, together with evidence of compliance with conditions, and closure calculations for each of the lots as adjusted. Upon written confirmation by the City Engineer that these instruments are technically correct and in substantial compliance with the lot line adjustment application as approved, the Director of community Development shall have prepared and recorded a certificate of compliance for each of the new lots. Recordation of the certificates of Compliance shall complete the process for an approved application for lot line adjustment. TC/03/MS16-1971wp5 (4-3-91) I 3. None of the subject or resulting lots may be conveyed without the prior execution and recordation of an easement providing access to these lots from Regal Road through the adjoining westerly parcel also owned by the applicant. This easement shall be submitted and found satisfactory by the Community Development Department and City Engineer prior to recordation. This resolution shall be recorded prior to recordation of the Record of Survey Map and/or certificates of Compliance to serve as constructive notice of this requirement. 4. Future development of the vacant lot (after adjustment) will require the applicant to provide improved access for emergency vehicle to City standards to the satisfaction of the Encinitas Fire Protection District. Said home shall also be fully fire sprinklered pursuant to city standards. I. STANDARD CONDITIONS APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS (ITEMS 4 THROUGH 11): GENERAL CONDITIONS 5. This approval may be appealed to the authorized agency within 15 calendar days from the date of this approval. 6. 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 author ized agency to determine why the ci ty of Encinitas should not revoke this approval. 7. Approval of this request shall not waive compliance with any sections of the Zoning Development Code and all other applicable city Ordinances. 8. Permits or findings of exemption shall be obtained from8 other agencies as follows: State Coastal commission 9. The application is approved as submitted and shall not be altered without authorized agency review and approval. SITE DEVELOPMENT 10. Prior to any additional development of the project site, all conditions of approval contained herein shall be completed to the satisfaction of the Director of the Planning and community Development Department. TC/03/MS16-1971wp5 (4-3-91) 11. 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 Director of Public Works. Fire District: 12. Prior to recordation of certificates, all impact and cost recovery fees shall be collected. TC/03/MS16-1971wp5 (4-3-91)