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
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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
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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
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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)