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1991-25 RESOLUTION NO. OE91-25 A RESOLUTION OF THE OLD ENCINITAS COMMUNITY ADVISORY BOARD APPROVING A BOUNDARY ADJUSTMENT BETWEEN TWO EXISTING PARCELS LOCATED AT 1105 FIRST ST. IN OLD ENCINITAS (CASE NUMBER 91-193BA/CC) WHEREAS, a request for consideration of a boundary adjustment and certificate of compliance was filed by Mr. Don Hansen to allow adjustment of a boundary line between two existing legal parcels for property in the GC zone in accordance with Chapter 24.70 of the City of Encinitas Municipal Code, located at 1105 First st., legally described as: (SEE ATTACHMENT "C") WHEREAS, a public hearing was conducted on the application on December 19, 1991, and; WHEREAS, the Community Advisory Board considered: 1. The staff report with attachments dated Dec. 10, 1991; 2. The application and adjustment plat dated received Oct. 30, 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- 193BA/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. PASSED AND ADOPTED this 19th day of December, 1991, by the following vote, to wit: TC/91193BA.RES (12-10-91) 1 I I AYES: Birnbaum, Cartwright, Cowen, Steyaert NAYS: None ABSENT: Lew i s ABSTAIN: None / 7 ;?~¡~ t;fL¿ vi ginia Cart ight, C airperson of the Old Encinitas Community Advisory Board Attes~ - ~~ Tom Curriden Associate Planner TC/91193BA.RES (12-10-91) 2 I RESOLUTION NO. OE91- 25 ATTACHMENT "A" FINDINGS FOR A BOUNDARY ADJUSTMENT (SECT. 24.70.060) (Case No. 91-193BA/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 with recordation of the required covenants maintaining existing parking. The resulting lots will exceed the area requirements of the GC zone and conform with all other Subdivision Ordinance and Zoning Ordinance requirements as to lot design with the exception of depth, which is substandard legal nonconforming for both lots but is not altered through this application. 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 adjustment would be inconsistent. c. Materially, adversely effect an agreement for the security for the construction of public improvements. Evidence: No public improvements are being required in conjunction with the adjustment and no agreements have been identified presently in place which would be TC/91193BA.SR (12-10-91) 5 I . 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: Standard 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/91193BA.SR (12-10-91) 6 RESOLUTION NO. OE91-25 CONDITIONS OF APPROVAL ATTACHMENT "B" Applicant: Hansen Case No: 91-193 BA/CC Subject: Conditions of Approval Location: 1105 First street I. SPECIFIC CONDITIONS 1. Prior to recordation of the Record of Survey Map or certificate of Compliance pursuant hereto, the applicant shall execute a covenant to the satisfaction of the Community Development Department stipulating that the parking lot and facilities located on Parcel "B" are required for the benefit of Parcel "A" and shall not be removed or modified without City approval. 2. A covenant setting both the terms and conditions of this approval shall be executed and recorded prior to recordation of the Record of Surveyor Certificate of Compliance pursuant thereto. 3. 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 plat map (in accordance with Record of Survey Standards) which describes the monuments set to establish the adjusted side yard line as the boundary between the properties described herein; said plat or other legal instrument must be prepared to the satisfaction of the City Engineer. 4. In addition to the above described plat map, new legal descriptions for the purpose of amending the deeds for each property shall be submitted to the Community Development Department. The legal descriptions shall callout the appropriate closure calculations for each lot as adjusted and must be prepared to the satisfaction of the City Engineer. TC/03/CROI0-877WP51 (12/13/91-1) 5. Upon written confirmation by the City Engineer that the plat map and adjusted 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 lot. II. STANDARD CONDITIONS APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS (ITEMS 6 THROUGH 12): GENERAL CONDITIONS 6. This approval may be appealed to the authorized agency within 15 calendar days from the date of this approval. 7. 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 authorized agency to determine why the City of Encinitas should not revoke this approval. 8. Approval of this request shall not waive compliance with any sections of the Zoning Development Code and all other applicable City Ordinances. 9. Permits or findings of exemption shall be obtained from other agencies as follows: State Coastal Commission 10. The application is approved as submitted and shall not be altered without authorized agency review and approval. SITE DEVELOPMENT 11. 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. 12. 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. Fire District: 13. Prior to recordation of Certificates, all impact and cost recovery fees shall be collected to the satisfaction of the Encinitas Fire Protection District. TC/03/CROI0-877WP51 (12/13/91-1) 14. All address numbers shall be clearly visible froms the street prior to Certificate recordation to the satisfaction of the Encinitas Sanitary District. TC/03/CROIÙ-877WP51 (12/13/91-1)