1992-03
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RESOLUTION NO. OL-92-03
A RESOLUTION OF THE OLIVENHAIN COMMUNITY ADVISORY
BOARD APPROVING A BOUNDARY ADJUSTMENT
IN ACCORDANCE WITH SECTION 24.70.060 OF THE
SUBDIVISION ORDINANCE FOR PROPERTY IDENTIFIED AS
THE RANCHO DE MAYO PROPERTY LOCATED
EAST OF LONE JACK AND SOUTH
OF BUMANN ROADS
(CASE NO: 91-209BA)
WHEREAS, Pacific Coast Engineering / Joseph Hassell applied
for a Boundary Adjustment in accordance with Chapter 24.70 of the
Subdivision Ordinance of the Municipal Code to allow the adjustment
of the interior lot lines among three existing lots of record.
WHEREAS, the property is located east of Lone Jack and south
of Bumann Roads and legally described as follows:
(SEE ATTACHMENT "A")
WHEREAS, a public hearing was conducted on the application on
January 7, 1992 by the Olivenhain Community Advisory Board, at
which time all persons desiring to be heard were heard; and,
WHEREAS,
evidence was submitted and considered to include
without limitation:
a.
Boundary Adjustment Plan submitted by the applicant and
dated received by the City on November 27, 1991
consisting of one sheet; and
b.
Written information submitted with the application; and
c.
Oral testimony from staff, applicant, and public made a
part of the record at said public hearing; and
d.
Community Advisory Board agenda report dated December 31,
1991, which is incorporated by this reference as though
fully set forth herein; and
e.
Additional written documentation.
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NOW, THEREFORE BE IT RESOLVED that the following findings are
Encinitas:
made by the Olivenhain community Advisory Board of the City of
(SEE ATTACHMENT "B")
BE IT FURTHER RESOLVED THAT the application for Boundary
conditions:
Adjustment 91-209BA is hereby APPROVED subject to the following
(4)
(5)
(6)
(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 by the Community Advisory
Board or appeal authority, prior to which time the
property owner must prepare a plat map (in accordance
wi th Record of Survey Standards) which describes the
monuments set to establish the adjusted interior lot
lines. Said plat map (or other legal instrument) must be
prepared to the satisfaction of the City Engineer.
(2)
In addition to the above described plat map, new legal
descriptions for the purpose of amending the deeds for
each adjusted parcel shall be submitted to the Community
Development Department. The legal descriptions shall
callout the appropriate closure calculations for each
parcel as adjusted and must be prepared to the
satisfaction of the City Engineer.
Upon written conformation by the City Engineer that the
plat map and the legal descriptions are technically
correct and conform to this approval, the Communi ty
Development Department shall prepare and have recorded a
Certificate of Compliance for each adjusted parcel.
(3)
This approval may be appealed to the Planning Commission
within 15 calendar days from the date of this approval.
In the event that one or more of the conditions imposed
on this Boundary Adjustment is not satisfied, the
Community Development Department shall cause a noticed
public hearing to be set before the Authorized Agency to
determine why the City of Encinitas should not revoke
this approval.
Prior to any future development of the project site, all
conditions of approval contained herein shall be
completed or agreed to the satisfaction of the Director
of Planning and Community Development.
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(7)
Prior to recordation of certificates, all impact, cost
recovery and project processing fees (as applicable)
shall be received by the city.
(8)
Approval of this request does not waive compliance with
any section of the Zoning Development Code and all other
applicable City Ordinances.
The application request is approved as submitted and
shall not be altered without authorized agency review and
approval.
(9)
(10) prior to recordation of the Certificates, the applicant
shall submit a letter from the Fire District stating that
all development impact, plan check and/or cost recovery
fees have been paid or secured to the satisfaction of the
District.
(11) Prior to recordation of the Certificates, any parcel
which is served by an on-site sewage disposal system must
be reviewed by the County Department of Health to ensure
that the proposed lot line adjustment:
A. will not adversely impact upon existing sewage
disposal facilities; and
B. will conform to all property line setback
requirements for sewage disposal facilities.
C. No lot line adjustment shall be approved for any
property with a substandard, on-site sewage disposal
system unless such system is improved to conform with
then existing standards.
D. Upon review and approval
Department of Health, a designated
Department shall sign a certificate
Record of Survey for any property with
disposal system.
by the County
officer of the
on the proposed
an on-site sewage
(12) Any change to the natural drainage or concentration of
drainage shall be adequately handled and shall not impact
adj acent properties to the satisfaction of the ci ty
Engineer.
BE IT FURTHER RESOLVED by the Olivenhain Community Advisory
Board of the City of Encinitas that:
This project was found to be exempt from environmental review
per section 15305(a) of CEQA.
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PASSED AND ADOPTED this 7th day of January,
1992, by the
following vote, to wit:
AYES:
Van Slyke, Post, Schafer, DuVivier
NAYS:
None
ABSENT:
None
ABSTAIN:
~nv Chvck 1)Ui/ir/fèR
Chuck DuVivier, Chairman
of the Olivenhain Community
Advisory Board
None
ATTEST: ~
~t-<e.tï¥~
Craig R. Olson
Assistant Planner
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A.
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ATTACHMENT IIBII
RESOLUTION NO. 0-92-03
FINDINGS PURSUANT TO
SECTION 24.70.060
OF THE CITY OF ENCINITAS
SUBDIVISION ORDINANCE
A Boundary Adjustment shall not create a condition which does
not comply with zoning and development regulations. All
parcels resulting from a lot line adjustment shall comply with
the minimum City requirements for lot size, dimensions,
access, parking and circulation, and all other applicable
development standards established through the zoning and
development code. The lot line adjustment shall also be found
to promote available design standards and guidelines as
established by 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 to be
within limitations for lot density and intensity of
development and use as established through the zoning and
development code.
Evidence: The Olivenhain Community Advisory Board finds that
the lot line adjustment will result in adjusting the interior
lot lines of three existing parcels into three parcels having
10,14, and 31 acres. The Board cannot identify any aspect of
the lot line adjustment which does not comply with the
regulations established by the zoning and development code for
lot size, density, dimensions, access, parking and circulation
and all other aspects of the zoning standards. In addition,
the Board finds that the resulting parcels will allow future
development to be constructed to meet or exceed current design
standards and development guidelines of the City.
B.
The Boundary Adjustment will not create a condition which does
not comply with building regulations.
Evidence: The Board finds that the adjustment will not create
any nonconformities relative to setbacks, lot coverage, access
or any other building regulation currently required by the
City. No new construction is proposed for any of the subject
parcels at this time.
C.
The Boundary Adjustment will not materially or adversely
affect an agreement for the security for the construction of
public improvements.
Evidence: The Board finds that the lot line adjustment
conforms to the Hwy. SA 680 right-of-way of 102 feet for the
two northerly adjusted lots, thereby creating a southerly lot
having approximately 31 acres which may be proposed for
subdivision in the future without affecting the right-of-way
for SA 680 which is included as a part of the Circulation
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Element Plan of the General Plan of the City. No evidence has
been submitted to indicate that the adjustment would affect
any other planned public improvements.
D.
The property is within the City boundaries.
Evidence: The Board finds that the entire project area is
within the incorporated boundaries of the City of Encinitas.
E.
The Boundary Adjustment will not require substantial
alteration of any existing improvement or create a need for
any new improvement.
Evidence: The Board finds that no existing public improvements
would be adversely impacted by the Boundary Adjustment and
that no new public improvements will be required due to the
adjustment.
F.
The Boundary Adjustment does not adjust the boundary line
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 or the
security thereof.
Evidence: See finding "C". No agreements for public
improvements have been identified on any of the subject
parcels.
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