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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)