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)
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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"