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)