1989-20
RESOLUTION NO. C-89-020
A RESOLUTION OF THE CARDIFF-BY-THE-SEA
COMMUNITY ADVISORY BOARD APPROVING A BOUNDARY
ADJUSTMENT BETWEEN TWO EXISTING LEGAL LOTS LOCATBD AT
1470 RUBENSTEIN AVBNUE
(CASE NO. 89-167 BA/CC)
WHEREAS, a request for consideration of a Boundary Adjustment
was filed by Patte A. Hobbs to allow relocation of an existing lot
line separating two legal lots as per Chapter 24.70 of the City of
Encinitas Municipal/Zoning Codes, for the property located at 1470
Rubenstein Avenue, legally described as:
The Northerly Half of Lot 16 of Ridgeway Heights, in the
County of San Diego, State of California, according to
Map thereof No. 2163, filed in the Office of the County
Recorder of San Diego County, July 3, 1929, and as shown
on the Record of Survey of said Ridgeway Heights, filed
for the purpose of correcting errors in the original Map,
being Recorded of Survey No. 1193, filed in the Office
of the County Recorder of San Diego County, September 20,
1945, more particularly described as follows:
BEGINNING at the Northwesterly corner of said Lot 16;
thence North 78~4'47" East along the Northerly line of
said Lot, 530.46 feet to the Northeasterly corner
thereof; thence South 11°17'50" East along the Easterly
line of said Lot, 97.92 feet; thence South 78°44'47"
West, parallel with said Northerly line of said Lot,
509.81 feet to a point on the Westerly line of said Lot
16; thence North 23°12' West 100.09 feet to the Point of
Beginning.
WHEREAS, a public hearing was conducted on the application on
August 28, 1989; and
WHEREAS, the Community Advisory Board considered without
limitation:
CO/02/CRO6-354 1(9-5-89/1)
1. The staff report dated August 23, 1989;
2. The application and Record of Survey 9985 submitted by
the applicant;
3. Oral evidence submitted at the hearing;
4. Written eyidence submitted at the hearing; and
WHEREAS, the Cardiff-by-the-Sea Community Advisory Board made
the following findings pursuant to Chapter 24.70 of the Encinitas
Municipal Code:
SEE ATTACHMENT "A"
NOW, THEREFORE, BE IT RESOLVED by the Cardiff-by-the-Sea
Advisory Board of the City of Encinitas that application 89-167
BA/CC is hereby approved subject to the following conditions:
I. SPECIFIC CONDITIONS
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 of the authorized agency or
appeal authority, prior to which time the applicant must
prepare plat map in accordance with a recorded Record of
Survey which describes the monuments set to establish the
fence line as the boundary between the Hobbs and White
properties.
2. In addition to the above described plat map, new legal
descriptions for the purpose of amending the deeds for
each property shall be submitted to the Community
Development Department. The legal descriptions shall
callout the appropriate closure calculations for each
lot as adjusted.
3. Upon written confirmation by the City Engineer that the
plat map and adjusted legal descriptions are technically
correct and conform to this approval, the Community
Development Department shall prepare and have recorded
a certificate of Compliance for each adjusted lot.
CO/02/CRO6-3541(9-5-89/1)
II. STANDARD CONDITIONS
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND
COMMUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING
CONDITIONS (ITEMS 3 THROUGH 11):
GENERAL CONDITIONS
3. This approval may be appealed to the authorized agency
within 15 calendar days from the date of this approval.
4. In the event that any of the conditions of this permit
are not satisfied, the Planning and Community Development
Department shall cause a noticed hearing to be set before
the authorized agency to determine why the City of
Encinitas should not revoke this approval.
5. Upon a showing of compelling public necessity
demonstrated at a noticed hearing, the City of Encinitas,
acting through the authorized agency, may add, amend, or
delete conditions and regulations contained in this
permit.
6. Nothing in this permit shall authorize the applicant to
intensify the authorized activity beyond that which is
specifically described in this permit.
7. Approval of this request shall not waive compliance with
any sections of the Zoning Development Code and all other
applicable City Ordinances.
8. Permits or findings of exemption shall be obtained from
other agencies as follows:
a. Coastal Commission
9. The application is approved as submitted and shall not
be altered without authorized agency review and approval.
SITE DEVELOPMENT
10. Prior to any use of the project site or business activity
being commenced thereon, all conditions of approval
contained herein shall be completed to the satisfaction
of the Director of the Planning and Community Development
Department.
11. Any change to the natural drainage or concentration of
drainage shall be adequately handled and shall not impact
adjacent properties.
CO/02/CRO6-354 2(9-5-89/1)
APPLICANT SHALL CONTACT THE ENCINITAS FIRE PREVENTION DISTRICT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION (ITEM 12)
12. Any access roads serving more than 2 units shall be a
minimum of 24 feet wide. Prior to final Recordation of
Boundary Adjustment, the applicant shall submit a letter
from the Fire District stating that all development
impact, cost recoyery and/or plan check fees have been
paid.
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 per section 15305(a) of CEQA;
PASSED AND ADOPTED this 28th day of August, 1989 by the
following vote, to wit:
AYES: Orr, MacManus, Barker, McCabe
NAYS: None
ABSENT: Crosthwaite
ABSTAIN: None k.&-L
Terrance Barker, Chairperson of the
Cardiff Community Advisory Board
ATTEST:
~~ g.0-9~
Craig Olson, Assistant Planner
CO/02/CRO6-354 3(9-5-89/1)
ATTACHMENT nAn
FINDINGS FOR RESOLUTION NO.: C-89-020
IN ACCORDANCE WITH SECTION 24.70.060
OF THE CITY OF ENCINITAS SUBDIVISION ORDINANCE
A. Create a condition which does not comply with zoning and
development regulations. All parcels resulting from a lot
line adjustment shall 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
shall also be found to promote available design standards and
guidelines as established through 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 to Consider: The resulting parcels will conform with
(or exceed) all applicable provisions of the Zoning and
Subdivision ordinances, including the R-8 District Standards
for lot size (minimum of 5,400 square feet), lot width
(minimum 30 ft.), lot depth (minimum 90 ft.), and density
(maximum of 8 du/ac).
B. Create a condition which does not comply with building
regulations.
Evidence to Consider: The adjustment will not create any
nonconformances relative to setbacks, lot coverage, or floor
area ratio. No new buildings are proposed for any of the
subject lots at this time.
C. Materially, adyersely affect an agreement for the security
from the construction of public improvements.
Evidence to Consider: No security agreements for public
improvements has been identified to be affected by the
development.
D. Extends beyond the City limit boundary.
Evidence to Consider: The project is entirely within City
boundaries.
E. Requires substantial alteration of any existing improvement
or creates a need for any new improvement.
Evidence to Consider: No existing public improvements would
be impacted by the Lot Line Adjustment.
CO/02/CRO6-354 4(9-5-89/1)
F. Adjusts 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 for the security therefor.
Evidence to Consider: See finding "C".
CO/02/CRO6-3545(9-5-89/1)