1989-05
RESOLUTION NO. C-89-005
A RESOLUTION OF THE CARDIFF-BY-THE-SEA
COMH~ITY ADVISORY BOARD, CITY OF ENCINITAS,
APPROVING A BOUNDARY ADJUSTMENT
TO THB INTERIOR LOT LINE FOR
PROPERTY LOCATED AT 2317 AND 2319
OXFORD AVEHUB
(CASB HUMBER 88-352-BA)
WHEREAS, a request for consideration of a Boundary Adjustment
Application was filed by Arthur Vlastnik to adjust the center lot
line of two 25-foot lots to conform to the common wall separating
the two dwelling units, for the property located at 2317 and 2319
Oxford Avenue, legally described as:
Lots 43 and 44, Block 13, Cardiff, in the County of San Diego,
State of California, according to Map thereof No. 1298, filed
in the Office of the County Recorder of San Diego County,
November 14, 1910.
WHEREAS, a public hearing was conducted on the application on
January 9, 1989; and all persons desiring to be heard were heard;
and
WHEREAS,
evidence was submitted and considered to include
without limitation:
1.
The staff reported dated January 4, 1989;
2.
The proposed General Plan, Local Coastal Program, Zoning
Code and maps;
3.
Oral evidence submitted at the hearing;
written evidence submitted at the hearing;
4.
5.
Documentation and Plat Maps submitted by the applicant;
and
6.
Environmental consideration per CEQA.
CO/04/CAB8-1151WP55(1-12-89-1)
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of 5
WHEREAS, the Cardiff-by-the-Sea Community Advisory Board made
findings pursuant
the
following
to section
of
24.70.060
the
Municipal Code (see Attachment "A").
NOW,
THEREFORE,
BE IT RESOLVED by the Cardiff-by-the-Sea
Community Advisory Board of the City of Encinitas that the Boundary
Adjustment Application is hereby approved subject to the following
conditions:
4.
5.
6.
7.
1.
The lot line adjustment shall be valid for one (1) year
from the date of the adoption of this Resolution by the
Board. Within this time, the remaining procedures and
requirements specified below shall be completed;
otherwise, said approval shall expire and be of no
further effect.
2.
The applicant shall comply with conditions imposed, set
monuments on all property corners of the adjusted parcels
in accordance with Title 24 of the Municipal Code, and
have a Final Record of Survey map recorded at the Office
of the County Recorder.
3.
The applicant shall have prepared and recorded new deeds
of property ownership to conform to the adjusted lots as
approved.
The applicant shall deliver to the Director of Community
Development copies of the recorded Record of Survey Plat
and the recorded deeds of ownership, and closure
calculations for each of the lots as adjusted.
Owner(s) shall execute and record a covenant with the
County Recorder agreeing not to oppose the formation of
an assessment district to fund the installation of right-
of-way improvements.
An Irrevocable Offer of Dedication (I. o. D.) shall be made
for 10 feet along Oxford adjacent to the property for
public right-of-way purposes.
Upon written confirmation by the City Engineer that these
instruments are technically correct and in substantial
compliance with the lot line adjustment application as
approved, the Director of Community Development shall
have prepared and recorded a certificate of Compliance
for the new lots. Recordation of the Certificate of
Compliance shall complete the process for an approved
application for lot line adjustment.
CO/04/CAB8-1151WP56(1-12-89-1)
Page -:- of 5
BE IT FURTHER RESOLVED by the Cardiff-by-the-Sea Community
Advisory Board of the City of Encinitas that:
1.
This project was found to be exempt from environmental
review, section 15304 of CEQA.
PASSED AND ADOPTED this 9th day of January, 1989, by the
following, to wit:
AYES:
Barker, crosthwaite, Orr, Shannon
NAYS:
None
ABSENT:
None
ABSTAIN:
None
¿;A ¿J~ /
-,-V'/¿~~t:<7 L i ~----
Terrance Barker, Chair-
person of the Cardiff-
by-the-Sea Community
Advisory Board
ATTEST:
~~~. W~
Assistant Planner
Craig R. Olson
CO/04/CAB8-1151WP57(1-12-89-1)
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ATTACHMENT "A"
CARDIFF-BY-THE-SEA COKKUNITY ADVISORY BOARD
RESOLUTION NO. C-89-005
CASB NO. 88-352-BA
Findings for Boundary Adjustment
(section 24.70.060 Municipal Code)
1.
That adjustment shall comply with minimum City requirements
for zoning and development standards.
Evidence to Consider:
The existing structure was built in conformance with
regulations in place at the time of construction since
building permits were issued. The lot line adjustment is
necessary to establish a new lot line dividing parcels 43 and
44 consistent to the approved and existing two dwelling
structures' common separating wall.
2.
Create a condition which does
regulations.
not
comply with building
Evidence to Consider:
No new construction is proposed by this application and the
existing structure was builtin conformance with approved
building permits.
3.
Materially, adversely affect an agreement for the security for
the construction of public improvements.
Evidence to Consider:
The boundary adjustment does not propose to change any
existing exterior property lines and, therefore, will not
conflict with the construction of future public improvements.
4.
Extends beyond the City limit boundary.
Evidence to Consider:
The property is located
boundaries of the City.
entirely
within
the
corporate
5.
Requires substantial alteration of any existing improvement
or creates a need for any new improvement.
Evidence to Consider:
The lot line adjustment will not alter existing exterior lot
lines and, therefore, will not create a need to substantially
alter any existing improvements nor create a need for any new
improvements beyond the existing use.
CO/04/CAB8-1151WP58(1-12-89-1)
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6.
Adjusts the boundary line between lots which are subject to
an agreement for public improvements.
Evidence to Consider:
No agreements for public improvement exist between Lots 43 and
44.
CO/04/CAB8-1151WP59(1-12-89-1)
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