1990-25
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RESOLUTION NO. C-90-25
A RESOLUTION OF THE CARDIFF-BY-THE-SEA
COMMUNITY ADVISORY BOARD APPROVING A BOUNDARY
ADJUSTMENT AMONG FOUR EXISTING LEGAL LOTS TO
CREATE TWO LEGAL LOTS OF RECORD FOR PROPERTY
LOCATED AT 1905 AND 1917 OXFORD AVENUE
(CASE NO. 90-161 BA/CC)
WHEREAS, a request for consideration of Boundary Adjustment
approval was filed by David Shaw to allow lot merger to create two
legal lots and a four foot southerly adjustment to the common lot
line of four legal lots as per Chapter 24.70 of the City of
Encinitas MunicipallZoning Code;
WHEREAS, the subject property is located at 1905 and 1917
Oxford Avenue and is legally described as:
Lots 37 and 38 in Block 47 of Cardiff "A", in the County of
San Diego, State of California, according to the Map No. 1334,
filed in the Office of the County Recorder of San Diego
County, May 12, 1911.
ALSO Lots 3 and 4 in Block 109 of Cardiff Vista, in the County
of San Diego, State of California, according to the Map
thereof No. 1547, filed in the Office of the County Recorder
of San Diego County, March 18, 1913.
WHEREAS, a public hearing was conducted on the applications
on August 13, 1990; and
WHEREAS, the Community Advisory Board considered without
limitation:
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1. The staff report dated August 8, 1990;
2. The application plat maps submitted by the applicant;
3. Oral evidence submitted at the hearing;
4. Written evidence submitted with the application and 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
Community Advisory Board of the City of Encinitas that application
90-161 BAICC 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.
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II. STANDARD CONDITIONS
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND
COMMUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING
CONDITIONS (ITEMS 4 THROUGH 12):
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.
11. Prior to certificate of Compliance Recordation, the
property owner shall secure all necessary permits and
shall demolish the two existing single family and one
accessory structures or covenant to do so to the
satisfaction of the Director of Planning & Community
Development.
12. The property owner agrees to prepare and record a
covenant, to run with the land, to retain the existing
mature star pine on the northerly lot as a part of the
landscaping for a future home. In addition, the property
owner agrees to covenant to take access f or both lots
from the alley for future structures; or adjacent to the
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alley and Stafford Avenue (i.e., within 16 feet of their
intersection) for the northerly lot. Should future
development of the northerly lot propose alternative
access to that described above, owner agrees to submit
the proposed development for Design Review approval.
III SITE DEVELOPMENT
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS (13-17):
STREET CONDITIONS
13. An Irrevocable Offer of Dedication (I. o. D.) shall be made
for 10 feet along Oxford adjacent to the property for
public right-of-way purposes unless waived pursuant to
City Council policy of March 14, 1990.
14. An Irrevocable Offer of Dedication shall be made, if
applicable, along Stafford Avenue adjacent to the subject
property for road purposes unless waived pursuant to City
Council policy of March 14, 1990.
IS. Developer shall execute and record a covenant with the
County Recorder agreeing not to oppose the formation of
an assessment district to fund the installation of right-
of-way improvements.
DRAINAGE CONDITIONS
16. Any change to the natural drainage or concentration of
drainage shall be adequately handled and shall not impact
adjacent properties.
UTILITIES
17. 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.
APPLICANT SHALL CONTACT THE ENCINITAS FIRE PREVENTION DISTRICT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION (CONDITION
18):
18. 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.
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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;
PASSED AND ADOPTED this 13TH day of August, 1990 by the
following vote, to wit:
AYES: McCabe, Grossman, MacManus
NAYS: None
ABSENT: None
ABSTAIN: Orr
ATTEST:
cÞ.t~ e ~cr-\?~
Craig Olson, Assistant Planner
CO/02/CR07-621wp5 (8-21-90/3) Page 5 of 8
ATTACHMENT nAn
FINDINGS FOR RESOLUTION NO.: C-90-25
IN ACCORDANCE WITH SECTION 24.70.060
OF 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 andlor 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 (3,9S0 sq. ft.) width (40
ft.) and depth (90 ft.) standards are satisfied by the
proposed adjustment. In association with the demolition of
the two single family residences and accessory structure, the
adjustment will result in two lots which may be developed in
accordance with Municipal Code and Development Regulations.
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. All building regulations will apply to any
new construction.
C. Materially, adversely affect an agreement for the security
from the construction of public improvements.
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.
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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".
REQUIRED FINDINGS TO EXCEED MID-RANGE DENSITY
PER SECTION 30.16.010B2 OF THE MUNICIPAL CODE
In order to achieve a density in excess of mid-range density
allowed for the northerly lot, the following findings must be made
by the authorized agency.
(1) The environmentally constrained lands are adequately
protected;
Evidence: The site is currently developed and no
environmentally constrained land has been identified by
the Cardiff-by-the-Sea Community Advisory Board. The
project request is categorically exempt per state CEQA
guidelines.
(2) The project shows high sensitivity to the neighboring
properties and area to ensure compatibility with land
uses and community character;
Evidence: The project proposes to create two lots for
single family residential use from four existing lots.
This tends to lower density since four residences could
currently be constructed. The two adjusted lots would
meet or exceed the size of neighboring lots.
(3) The project design significantly exceeds the minimum
standards for development;
Evidence: The adjusted lots comply with all standards
for the R-11 district and future structures may be built
in conformance with all development standards. The
adjusted northerly lot will have 4,253 sq. ft. which
exceed the R-11 net lot area standard of 3,950 sq. ft.
However, the net lot area at mid-range (4,585 sq. ft.)
will fall short by 332 sq. ft. for the northerly lot.
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(4) The project either:
(a) Provides needed public improvements that are
significantly beyond the requirements for the
project, or;
(b) Provides private or public recreational facilities
that significantly exceed the project's
requirements, or;
(c) Provides other significant benefits.
Evidence: The project provides a significant benefit in
that it reduces density by combining four lots which were
created by Map Numbers 1334 and 1547 in 1911 and 1913
into two legal lots of record which will allow for future
development to be constructed in accordance with current
municipal and zoning code standards.
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