1990-08
RESOLUTION NO. C-90-008
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A RESOLUTION OP THE CARDIFP-BY-THE-SEA
COMMUNITY ADVISORY BOARD APPROVING A BOUNDARY
ADJUSTMENT BETWEEN TWO EXISTING LEGAL LOTS LOCATED AT
1655 EDILEE DRIVE AND 944 ROBLEY PLACE
(CASE NO. 90-019BA/CC)
WHEREAS, a request for consideration of a Boundary Adjustment
was filed by Jerome Mozina and Michael Nemiroff to allow relocation
of an existing lot line separating two legal lots as per Chapter
24.70 of the City of Encinitas MunicipallZoning Codes, for the
properties located at 1655 Edilee Drive and 944 Robley Place,
legally described as:
Lot 281 of POINSETTIA HEIGHTS UNIT NO. 6, in the City of
Encinitas, County of San Diego, State of California, according
to Map thereof No. 4574, filed in the Office of the County
Recorder of San Diego County, June 23, 1960.
- and
Lot 279 of POINSETTIA HEIGHTS UNIT NO. 6, in the City of
Encinitas, County of San Diego, State of California, according
to Map thereof No. 4574, filed in the Office of the County
Recorder of San Diego County of June 23, 1960.
WHEREAS, a public hearing was conducted on the application on
March 12, 1990; and
WHEREAS, the Community Advisory Board considered without
limitation:
1. The staff report dated March 2, 1990;
2. The application and Plat Map submitted by the applicant;
3. Oral evidence submitted at the hearing;
4. Written evidence submitted at the hearing; and
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~ 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 90-
019BA/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 a plat map (in accordance with Record of Survey
'-- Standards) which describes the monuments set to establish
the fence line as the boundary between the Mozina and
Nemiroff properties; said plat must be prepared to the
satisfaction of the City Engineer.
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 and must be prepared to the satisfaction
of the City Engineer.
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.
II. STANDARD CONDITIONS
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND
COMHtJHITY DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING
CONDITIONS (ITEMS 4 THROUGH 10):
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GENERAL CONDITIONS
4. This approval may be appealed to the authorized agency
within 15 calendar days from the date of this approval.
5. 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.
6. Approval of this request shall not waive compliance with
any sections of the Zoning Development Code and all other
applicable City Ordinances.
7. Permits or findings of exemption shall be obtained from
other agencies as follows: Coastal Commission
8. The application is approved as submitted and shall not
be altered without authorized agency review and approval.
SITE DEVELOPMENT
9. Prior to any additional development of the project site,
all conditions of approval contained herein shall be
',,-, completed to the satisfaction of the Director of the
Planning and Community Development Department.
10. Any change to the natural drainage or concentration of
drainage shall be adequately handled and shall not impact
adjacent properties to the satisfaction of the Director
of Public Works.
Fire District:
11. Prior to recordation of certificates, all impact and cost
recovery fees shall be collected.
BE IT FURTHER RESOLVED by the Cardiff-by-the-Sea Community
Advisory Board of the City of Encinitas that:
'- JK/03/CAB17-1693WPS (3-14-90-7)
'- This project was found to be exempt from environmental
review per Section 15305(a) of CEQA;
PASSED AND ADOPTED this 12th day of March, 1990 by the
following vote, to wit:
AYES: crosthwaite, MacManus, McCabe, Orr
NAYS: None
ABSENT: Barker
ABSTAIN: None
Crosthwaite, V~ce-Chairperson
f-by-the-Sea Community Advisory Board
ATTEST:
~\l:> e . ~~
Craig Olson, Assistant Planner
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ATTACHMENT "A"
'- FINDINGS FOR RESOLUTION NO.: c - q 0 .. 008
IN ACCORDANCE WITH SECTION 24.70.060
OF THE CITY 01' 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: 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 60 ft.), lot depth (minimum 90
ft.), and density (maximum of 8 du/ac).
B. Create a condition which does not comply with building
regulations.
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Evidence: The adjustment will not create any nonconformances
relative to setbacks, lot coverage, or floor area ratio. No new
construction is proposed for either of the subject lots at this
time.
C. Materially, adversely affect an agreement for the security
for the construction of public improvements.
Evidence: No security agreements for public improvements has been
identified to be affected by the development.
D. Extends beyond the City limit boundary.
Evidence: The project is entirely within City boundaries.
E. Requires substantial alteration of any existing
improvement or creates a need for any new improvement.
Evidence: No existing public improvements would be impacted by the
Lot Line Adjustment.
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JK/04/CAB17-1693WP5
F. Adjusts the boundary line between lots which are subject
-- to an a~ee~nt for public i~~m~ts, ~less the Ciq ~qineer
finds ~at ~e ~~os~ adjusaent will not ~t~ially affect su~
agreement for the security therefor.
Evidence: See finding "C." No agreements for public improvements
have been found on either of the subject properties.
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