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1990-14 RESOLUTION NO. C-90-014 A RESOLUTION OF THE CARDIFF-BY-THE-SEA COMMUNITY ADVISORY BOARD APPROVING A BOUNDARY ADJUSTMENT BETWEEN TWO EXISTING LEGAL LOTS AND A VARIANCE REQUEST FOR AN EXISTING DUPLEX STRUCTURE LOCATED AT 2310 CAMBRIDGE AVENUE (CASB NO. 90-049 BA/CC/V) WHEREAS, a request for consideration of a Boundary Adjustment and variance approval was filed by Burton Sandberg and Cohn & Associates to allow relocation of an existing lot line separating two legal lots as per Chapter 24.70 of the City of Encinitas MunicipallZoning Code, and the following variances to Section 30.16.010 A 10 (rear yard setback) of the Zoning Code: (A) A 10 foot 4 inch encroachment into the 20 foot rear yard setback for the existing structure on the northerly (to be adjusted) lot. (B) An encroachment of the existing upper level deck to within 5 feet of the rear property line on the northerly (to be adjusted) lot. WHEREAS, the subject property is located at 2310 Cambridge Avenue and is legally described as: That portion of Lots 1, 2, 3, and 4 in Block 13 of CARDIFF, in the County of San Diego, State of California, according to the Map thereof No. 1298, filed in the Office of the Recorder of said San Diego County, November 14, 1910, lying Southwesterly of a line described as per legal description attached hereto as Exhibit "A" consisting of one page. WHEREAS, a public hearing was conducted on the applications on April 23, 1990; and WHEREAS, the Community Advisory Board considered without limitation: CO/DC/CR06-517wp5 1(5-23-90/3) 1. The staff report dated April 18, 1990; 2. The application maps and Draft Record of Survey submitted by the applicant; 3. Oral evidence submitted at the hearing; 4. Written evidence submitted at the hearing; and WHEREAS, the Cardiff-by-the-Sea Community Advisory Board made the following findings pursuant to Chapters 24.70 and 30.78 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 90-049 BA/CC/V 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 by the authorized agency or appeal authority, prior to which time the applicant must prepare a plat map in accordance with a recorded Record of Survey which describes the monuments set to establish the interior lot line as the boundary between the two 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/DC/CR06-517wp5 1(5-23-90/3) II. STANDARD CONDITIONS APPLICANT SHALL CONTACT THB DEPARTMENT OF PLANNING AND COKHtJHITY DEVBLOPJIENT REGARDING COMPLIANCB WITH THE FOLLOWING CONDITIONS (ITEMS 4 THROUGH 13): GENERAL CONDITIONS 4. This approval may be appealed to the Planning Commission 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. 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. 7. Nothing in this permit shall authorize the applicant to intensify the authorized activity beyond that which is specifically described in this permit. 8. Approval of this request shall not waive compliance with any sections of the Zoning Development Code and all other applicable City Ordinances. 9. Permits or findings of exemption shall be obtained from other agencies as follows: state Coastal Commission 10. The application is approved as submitted and shall not be altered without authorized agency review and approval. SITE DEVELOPMENT 11. The property owner agrees that, if exterior walls within the rear yard setback are removed or if the structure is demolished, the structure proposed to remain on the newly adjusted northerly lot shall have new construction which conforms to all setback requirements and that the owner waives Section 30.76.120 of the Zoning Code. 12. Any change to the natural drainage or concentration of drainage shall be adequately handled and shall not impact adjacent properties. CO/DC/CR06-517wp5 2(5-23-90/3) 13. Prior to Certificate of Compliance Recordation, the property owner shall secure all necessary permits and shall demolish the existing single family and accessory structures. Plans shall indicate where the four required parking stalls are to be located to provided the required off street parking for the remaining duplex structure. APPLICANT SHALL CONTACT THB EHCINITAS FIRB PREVENTION DISTRICT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION (ITEM 14) 14. Prior to final Recordation of Boundary Adjustment, the applicant shall submit a letter from the Fire District stating that all development impact, cost recovery and/ or plan check fees have been paid. 15. All proposed utilities within the project shall be installed underground including existing utilities unless exempt by the Municipal Code. Owner agrees not to oppose the formation of an Assessment District to fund the installation of utility undergrounding improvements. 16. The applicant shall cause to be recorded a covenant regarding real property which sets forth this grant of approval. The covenant shall be in form and content satisfactory to the Director of Planning and Community Development. BE IT FURTHER RESOLVED by the Cardiff-by-the-Sea Community Advisory Board of the City of Encinitas that: This project was found to be exempt from environmental review per Section 15305(a) of CEQA; CO/DC/CR06-517wp5 3(5-23-90/3) PASSED AND ADOPTED this 23rd day of April, 1990 by the following vote, to wit: AYES: Crosthwaite, MacManus, Barker, McCabe NAYS: None ABSENT: err ABSTAIN: None L~ Terrance Barker, Chairperson of the -- Cardiff Community Advisory Board ATTEST: ~ \2 .~ Craiq Olson, Assistant Planner CO/DC/CR06-517wp5 4(5-23-90/3) ()P ATTACHMENT "A" PIHDINGS FOR RESOLUTION NO.: C-90-014 IN ACCORDANCE WITH SECTION 24.70.060 OP THE CITY OF ENCINITAS SUBDIVISION ORDINANCE LOT LINE ADJUSTMENT: 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 R-11 minimum lot size (3,950 sq. ft.) width (40 ft.) and depth (90 ft.) standards are satisfied by the proposed adjustment. In association with the demolition of the single family residence and accessory structure, the adjustment will result in lots which may be developed in accordance with Municipal Code and Development Regulations. Should variance approval for a 10 ft. 4 in. encroachment into the 20 foot rear yard for the duplex structure proposed to remain to be granted, the application will conform to all setback and zoning code development standard. Off-street parking requirements for the duplex structure proposed to remain are made a condition of approval. The Cardiff Community Advisory Board finds that the Boundary Adjustment will bring the property into conformance with the eastlwest axis of other properties in the vicinity and will improve access and egress patterns to the adjusted lots. B. Create a condition which does not comply with building regulations. Evidence: The Board finds that the adjustment will not create a condition which does not comply with building regulations since the single family and accessory structures are proposed to be demolished and a variance to the rear yard setback has been approved for the duplex structure. All building regulations will apply to any new construction or remodeling. C. Materially, adversely affect an agreement for the security from the construction of public improvements. CO/DC/CR06-517wp5 5(5-23-90/3) Evidence: No security agreements for public improvements have 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 improvements would be impacted by the Lot Line Adjustment. 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: See finding "C". VARIANCE FINDINGS IN ACCORDANCE WITH SECTION 30.78.030 OF THE ZONING ORDINANCE: A. A variance from the terms of the zoning regulations shall be granted only when, because of the special circumstances applicable to the property, including side, shape, topography, location or surroundings, the strict application of the zoning regulations deprives such property of privileges enjoyed by other property in the vicinity and under the same zoning classification. Evidence: The Board finds that the current north/south axis of the interior lot line is a special circumstance and the variance to rear yard setback is required to reconfigure the lot to conform to adjacent properties. As configured, the easterly lot is not permitted alley access as other lots in the vicinity enjoy. B. Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the same vicinity and zone in which such property is situated. Evidence: The property owner agrees that, if exterior walls within the rear yard setback are removed or if the structure is demolished, the structure proposed to remain on the newly adjusted northerly lot shall have new construction which conforms to all setback requirements and that the owner waives Section 30.76.120 of the Zoning Code. CO/DC/CR06-517wp5 6(5-23-90/3) C. A variance will not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property. Evidence: The subject property is zoned Residential-11 which allows residential uses, including room additions. The duplex use is a legal non-conforming use which is permitted to remodel and reconstruct pursuant to Chapter 30.76 of the Zoning Ordinance. D. No variance shall be granted if the inability to enjoy the privilege enjoyed by other property in the vicinity and under identical zoning classification: 1. Could be avoided by an alternate development plan which would be of less significant impact to the site and adj~cent properties than the project requiring a var~ance; 2. Is self-induced as a result of an action taken by the property owner or the owner's predecessor; 3. Would allow such a degree of variation as to constitute a rezoning or other amendment to the zoning code; 4. Would authorize or legalize the maintenance of any public or private nuisance. Evidence: The Board finds that an alternate development plan would not be practical since the duplex structure exists and is permitted to continue, or rebuild to its current footprint in accordance with the non-conformities (ChaDter 30.76) section of the Zoning Code. CO/DC/CR06-517wp5 7(5-23-90/3) cA4> .' . t:~H\ ~ \\ 'Â . State of California, according to Map thereof, No. 1298, filed in the Office of the Recorder of said San Diego County, November 14,1910, lying Southwesterly of a line, described as follows: Beginning at a point on the Northwesterly line of said Lot 1 distant thereon 55.00 feet Southwesterly from the most Northerly corner thereof; thence Southeasterly parallel with the Northeasterly line of said Lot a distance of 35.00 feet; thence Southeasterly in a straight line 31.60 feet to the most Westerly corner of the Southeasterly 10.00 feet of the Northeasterly 45.00 feet of said Lot 3; thence Southeasterly along the southwesterly line of the Northeasterly 45.00 feet of said Lot 3 and along the South- westerly line of the Northeasterly 45.00 feet of said Lot 4, a distance of 35.00 feet to the Southeasterly line of said Lot 4. RESERVING an easement over, along and across the Northerly 5.00 feet of the above described property for the installation and maintenance of water and sewer pipes for the benefit of that land described as follows: That portion ot Lots 1,2, 3 and 4 in Block 13 of Cardiff, in the County of San Diogo, State of Cal,ifornia, according to the Map thereof No. 1290, filed in the Office of the Recorder of said San Diego County, November 14,1910 lying Northeasterly of a line described as follows: Beginning at a point on the Northwesterly line of said Lot 1 distant ~hereon 55.00 feet Southwesterly from the most Northerly corner thereof; thence Southeasterly parallel with the Northeasterly line of said Lot a distance of 35.00 feet; thence Southeasterly in a straight line 31.60 feet to the most Westerly corner of the Southeasterly 10.00 feet of the Northeasterly 45.00 feet of said Lot 3; thence Southeasterly along the Southwesterly line of the Northeasterly 45.00 feet of said Lot 3 to and along the Southwesterly line of the Northeasterly 45.00 feet of said Lot 4, a distance of 35.00 feet to the Southeasterly line of said Lot 4. Grantor, by their execution of this deed, and Grantees, by their acceptance thereof, covenant and agree for the benefit of the respective parcels of real property herein described, that the easement reserved herein is reserved in lieu of any claim of easement by implication or otherwise by virture of the present existence of water and sewer pipes outside of said easement area except that grantees covenant for themselves and successors that grantor and his successors may continue to maintain such pipes as presently located for so long as said installed pipes continue in good repair without the need of entry upon the land herein conveyed for work of repair or maintenance and for so long as said pipes cause or threaten no seepage or leakage damage to any facilities or improvements then existing upon the real property conveyed hereby and said pipes or the use of said pipes interfere with no existing or reûsonably proposed uses or improve- ments upon the real property herein conveyed. ,Upon the occurance of any of the above limitations, the grantor for himself and successors, agrees that such pipes shall be relocated and maintained at no expense to grantees or their successors to the easement herein reserved within a reasonable time and in a good, sightly, and workman-like fashion. EXHIBIT HA"