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1990-21 8 8 8 RESOLUTION NO. OL-90-021 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. 90-205-BA/CC/MOD) WHEREAS, a request for consideration of a Boundary Adjustment was filed by David L. Wigginton 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 September 4, 1990; and WHEREAS, the Community Advisory Board considered: 1. Application 90-205-BA/CC/MOD; 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 (90-205-BA/CC/MOD) dated August 28, 1990, for the meeting of September 4, 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/CAB20-241wp (8/28/90) 8 8 8 A. 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. B. 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 subj ect to an agreement for publ ic improvements, and the City Engineer has found that the proposed adjustment will not materially affect such agreement or the security therefore. Advisory NOW, THEREFORE, BE IT RESOLVED by the Olivenhain Community of Board City Boundary the Encinitas of that the 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/CAB20-241wp (8/28/90) 8 . 8 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. 3. The final record of survey map shall contain a signed certificate by a designated officer of the Health Department. 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. Board of the City of Encinitas that: BE IT FURTHER RESOLVED by the Olivenhain Community Advisory 1. This project was found to be exempt from environmental review, Section 15305; Class 5a. LN/CAB20-241wp (8/28/90) 8 . 8 PASSED AND ADOPTED this 4th day of September, 1990, by the following vote, to wit: AYES: Boardmembers DuVivier, Perkins, and Johnson NAYS: None ABSENT: Boardmembers Trujillo and Wiegand ABSTAIN: None CHUCK DU VIVIER, Chairman of the Olivenhain Community Advisory Board ATTEST: ~sø ' ~~ :¿Ô I i da Niles Associate Planner LN/CAB20-241wp (8/28/90) "