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1992-03 . . . Ar .. 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. . . . 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. . . . (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. . . . 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 . A. . . 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 . . . 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. tIIU 7I1!11ŒJW; cm- OF ENCINITAS PiA T OF LOT ADJUST/VJENT ~. Ç8 m " ~ " II. .~ /970' '1("/ , ~~ NEw '-or LINES érvp) " @ 94<./'/" ,~... ~ ,," ,"' "," ' ~ "- - - ' '. ---, -C- ~' '~~R1, ~e/ / :í.~//- ,,=~.f) ~~/'S~, ¿efT.l:'N€S" (rvp) /" " 10 ACJ , .., ,..- I I .-? " / , , n v-- \ "-/" +------'..--'..-.---,---. r't:'1rce.. '~' --- 14 Ac" -- - - (íi:) Z~Ac.. 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