1990-17
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RESOLUTION NO.
OL-90-017
A RESOLUTION OF THE OLIVENHAIN COMMUNITY ADVISORY BOARD
CITY OF ENCINITAS, APPROVING
A BOUNDARY ADJUSTMENT/CERTIFICATE OF COMPLIANCE
FOR LOTS 12 & 13 OF THE BROOKSIDE SUBDIVISION
FOR MAP 12338, COUNTY OF SAN DIEGO,
CITY OF ENCINITAS
AND AS FURTHER DESCRIBED IN ATTACHMENT "A"
(CASE NO. 90-012-BA/CC)
WHEREAS, a request for consideration of a Boundary Adjustment
was filed by Pacific Scene as required by the Government Code, and
Chapter 24.70 of the City of Encinitas Subdivision Ordinance, for
the property being lots 12 and 13 of Map 12338, and as further
described in Attachment "A"; and
WHEREAS, a public hearing was conducted on the application on
March 6, 1990; and
WHEREAS, the Community Advisory Board considered:
1.
Application 90~012-BA/CC;
2.
written information submitted with the application;
3.
Oral testimony from staff, applicant, and public made a
part of the record at said public hearing; and
4.
Staff report (90-012-BA/CC) dated February 28, 1990, for
the meeting of March 6, 1990, which was reviewed as part
of the record at said public hearing, and is on file in
the Department of Planning and Community Development.
WHEREAS,
the Olivenhain Community Advisory Board made the
following
findings pursuant to Chapter 24.70
of the City of
Encinitas Subdivision Ordinance:
LN/CAB14-192wp
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A.
B.
Advisory
The Boundary Adjustment will not create a condition which
does not comply with zoning and development regulations.
All parcels resulting from the lot line adjustment comply
with 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 is found to
promote available design standards and guidelines as
established through the zoning and development code. The
lots resulting from the lot line adjustment and existing
and/or potential development on those lots are found to
be within limitations for lot density and intensity of
development and use as established through the zoning and
development code.
The Boundary Adjustment will not create a condition which
does not comply with building regulations;
C.
The Boundary Adjustment will not materially, adversely
affect an agreement for the security for the construction
of public improvements;
D.
The Boundary Adjustment does not extend beyond the City
limit boundary;
E.
The Boundary Adj ustment does not require substantial
alteration of any existing improvement or create a need
for any new improvements; and
F.
The Boundary Adjustment will not adjust the boundary line
between lots which are subject to an agreement for public
improvements, and the city Engineer has found that the
proposed adjustment will not materially affect such
agreement or the security therefore.
NOW, THEREFORE, BE IT RESOLVED by the Olivenhain community
Board
of
the
City
Encinitas
the
Boundary
of
that
Adjustment is hereby approved subject to the following conditions:
1.
The applicant (s) shall set monuments on all property
corners of the adjusted parcels in accordance with the
standards of Title 24.
LN/CAB14-192wp
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2.
A record of survey map shall be prepared and reviewed by
the Director of Planning and Community Development and
the final record of survey map shall be recorded with the
County Recorder.
The final record of survey map shall contain a signed
certificate by a designated officer of the Health
Department.
3.
4.
The applicant(s) shall prepare and record new deeds of
property ownership to conform to the adjusted lots as
approved.
5.
The applicant(s) shall submit to the Director of
community Development copies of the recorded record of
survey map, copies of the recorded deeds of ownership,
and closure calculations for each of the lots as
adjusted.
6.
A certificate of Compliance regarding said Boundary
Adjustment shall be recorded with the County Recorder.
7.
Fire Department Prior to final recordation, 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.
BE IT FURTHER RESOLVED by the Olivenhain Community Advisory
Board of the City of Encinitas that:
1.
This project was found to be exempt from environmental
review, Section 15305; Class 5a.
LN/CAB14-192wp
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PASSED AND ADOPTED this 6th day of March,
1990,
by the
following vote, to wit:
AYES:
Boardmembers Johnson, DuVivier, Wiegand, and Perkins
NAYS:
None
ABSENT:
None
ABSTAIN:
Boardmember Trujillo
CHUCK DU VIVIER, Vice-Chair
of the Olivenhain
Community Advisory Board
ATTEST:
~Lúe-.~
( .{o~
Linda Niles
Associate Planner
LN/CAB14-192wp
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G0540
12-22-89
3243.01
LEGAL DESCRIPTION
PARCEL A
THOSE PORTIONS OF LOTS 12 AND 13 OF CITY OF ENCINITAS TRACT NO.
4376, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12338, FILED IN THE OF-
FICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MARCH 16, 1989
LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE EASTERLY COMMON CORNER TO SAID LOTS 12 AND 13;
THENCE ALONG THE COMMON LINE BETWEEN SAID LOTS, SOUTH 89 ° 5 4 ' 42"
WEST, 30.00 FEET; THENCE LEAVING SAID LINE, SOUTH 64°16'00" WEST,
32.00 FEET; THENCE NORTH 76°59'52~ WEST, 105.22 FEET TO A POINT
ON THE WESTERLY LINE OF SAID LOT 12 DISTANT THEREON NORTH
3°35'32" WEST, lO.OO FEET FROM THE SOUTHWESTERLY CORNER THEREOF.
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LEGAL DESCRIPTION
PARCEL B
THOSE PORTIONS OF LOTS 12 AND 13 OF CITY OF ENCINITAB TRACT NO.
4376, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12338, FILED IN THE OF-
FICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MARCH 16, 1989
LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE EASTERLY COMMON CORNER TO SAID LOTS 12 AND 13;
THENCE ALONG THE COMMON LINE BETWEEN SAID LOTS, SOUTH 89 ° 54' 42"
WEST, 30.00 FEET; THENCE LEAVING SAID LINE, SOUTH 64°16'00" WEST,
32.00 FEET; THENCE NORTH 76°59'52" WEST, 105.22 FEET TO A POINT
ON THE WESTERLY LINE OF SAID LOT 12 DISTANT THEREON NORTH
3°35'32" WEST, 10.00 FEET FROM THE SOUTHWESTERLY CORNER THEREOF.
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2