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1990-25 - 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: COI02/CR07-621wp5 (8-21-90/3) Page 1 of 8 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. COI02/CR07-621wp5 (8-21-90/3) Page 2 of 8 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 CO/02/CR07-621wp5 (8-21-90/3) Page 3 of 8 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. COI02/CR07-621wpS (8-21-90/3) Page 4 of 8 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. COI02/CR07-621wpS (8-21-90/3) Page 6 of 8 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. COI02/CR07-621wp5 (8-21-90/3) Page 7 of 8 ~ (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. COI02/CR07-621wp5 (8-21-90/3) Page 8 of 8