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1990-26 RESOLUTION NO. C-90-26 A RESOLUTION OF THE CARDIFF-BY-THE-SEA COMMUNITY ADVISORY BOARD APPROVING A BOUNDARY ADJUSTMENT AMONG THREE EXISTING LEGAL LOTS AND A VARIANCE REQUEST FOR LOT WIDTH REDUCTION LOCATED AT 2376 NEWCASTLE AVENUE (CASE NO. 90-146 BA/CC/V) WHEREAS, a request for consideration of a Boundary Adjustment and variance approval was filed by George Linehan and Watts Design to allow reconfiguration of existing lot lines separating three legal lots to create two legal lots as per Chapter 24.70 of the City of Encinitas Municipal Code, and the following variance to 30.16.010 A3 (lot width) of the Zoning Code: Reduction of the 40 foot lot width standard for the R-11 District to lot widths of 37 feet 6 inches. WHEREAS, the subject property is located at 2376 Newcastle and is legally described as: Lots 22, 23, and 24, Block 17, CARDIFF, according to Map thereof No. 1298 filed in the Office of the County Recorder of San Diego County, November 14, 1910. WHEREAS, a public hearing was conducted on the applications on August 13, 1990; and WHEREAS, the Community Advisory Board considered without limitation: 1. The staff report dated August 8, 1990; 2. The application maps and Draft Record of Survey submitted by the applicant; 3. Oral evidence submitted at the hearing; CO/dc/CR07-626wpS 1(8-16-90-3) Page 1 of 9 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 Community Advisory Board of the City of Encinitas that application 90-146 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/CR07-626wpS2(8-16-90-3) Page 2 of 9 II. STANDARD CONDITIONS APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT REGARDING COMPLIANCE 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. Any change to the natural drainage or concentration of drainage shall be adequately handled and shall not impact adjacent properties. 12. Prior to Certificate of Compliance Recordation, the property owner shall secure all necessary permits and shall demolish the existing single family and accessory structures or covenant to do so to the satisfaction of the Director of Planning and Community Development. CO/dc/CR07-626wp5 3(8-16-90-3) Page 3 of 9 13. Property Owner has agreed to provide and record a covenant, to run with the land, which limits future development to taking access from the alley and to be designed to comply with development standards so as not to require variance approval. APPLICANT SHALL CONTACT THE ENCINITAS FIRE 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 andl or plan check fees have been paid. Future structures shall be protected by automatic fire sprinkler systems. Sprinkler systems shall be installed to the satisfaction of the Encinitas Fire Protection District. Address numbers shall be clearly visible from the street fronting the structure. IS. 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. 17. citv Engineer: APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: (a) An Irrevocable Offer of Dedication (I.O.D.) shall be made for S feet along Newcastle adjacent to the property for public right-of-way purposes unless waived pursuant to City Council Policy of March 14, 1990. (b) An Irrevocable Offer of Dedication (I.O.D.) shall be made for 10 feet along Dublin Drive adjacent to the subject property for road purposes unless waived pursuant to City Council Policy of March 14, 1990. (c) 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. CO/dc/CRO7-626wpS 4(8-16-90-3) Page 4 of 9 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, Orr NAYS: MacManus ABSENT: None ABSTAIN: None -Chairperson of the Community Advisory Board ATTEST: ~lC!>t2. ~-- Craig Olson, Assistant Planner CO/dc/CR07-626wp5 5(8-16-90-3) Page 5 of 9 ATTACHMENT "A" FINDINGS FOR RESOLUTION NO.: C-90-26 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 Cardiff Community Advisory Board finds that the resulting lots will conform with (or exceed) all the standards of the Zoning Code and Development Regulations. Except that the lot widths will be 37 ft. 6 in. instead of the 40 foot standard and density will exceed the 9.S mid-range standard for the R-11 District by 0.18 du/ac. The Board finds that the Boundary Adjustment affords a superior design for future structures than development alternatives which were supplied by the applicant, reviewed by the Board, and made a part of the record. 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 existing structures are proposed to be demolished, density conforms to the Residential 8.01-11 dul ac maximum range specified in the General Plan, and all setbacks, building height, Floor Area Ratio, lot coverage, and other standards can be applied to future development. 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. CO/dc/CR07-626wpS 6(8-16-90-3) Page 6 of 9 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 strict application of the 40 foot width standard would deprive the property owner of the ability to create two lots of record resulting in a superior design for future structures more compatible with the existing neighborhood since the special circumstance of owning 3 lots measuring 25x120 feet each applies in this unique situation. The Board finds that a 2 1/2 foot reduction in the lot width standard is appropriate for this project since density potential of 3 units is reduced to 2 single family residences. 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: No special conditions will be necessary since the variance will not authorize any special privileges and future structures can be designed to comply with all development standards of the R-11 Zone. 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. CO/dc/CR07-626wpS 7(8-16-90-3) Page 7 of 9 Evidence: The subject property is zoned Residential-11 which allows residential uses which otherwise comply with the Zones's Development Standards. 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 adjacent properties than the project requiring a variance; 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 alternate development plans which would be permitted by R-11 Standards would allow one unit per lot (3 units), a twin home on two merged lots and the remaining lot (2 units), or merger of all 3 lots which would provide enough square footage for a duplex (2 unit) development proposal. The boundary adjustment would be more in keeping with the R-11 Standards and have a less significant impact on the neighborhood than alternate development potential. The situation is not self-induced since the 3 lots were legally created in 1910. The variation does not constitute a rezoning nor legalize the maintenance of a public or private nuisance since future development potential will be two single family residences which are permitted in the R-11 District. 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 subject site, the following findings must be made by the authorized agency. (1) The environmentally constrained lands are adequately protected; Evidence: The si te is currently developed and no environmentally constrained land has been identified. CO/dc/CR07-626wpS8(8-16-90-3) Page 8 of 9 (2) The proj ect 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 3 existing lots. This tends to lower density since three residences could currently be constructed. The two adjusted lots would meet or exceed the current size of neighboring lots. (3) The project design significantly exceeds the minimum standards for development; Evidence: The adjusted lots will provide a future design for two single family structures which will exceed the current potential to construct three residences. Although the minimum design standard of a 40 foot lot width is not satisfied, the variance permits a future design which lowers the density from the current three lot potential to two lots. All development standards can be complied with for future structural design. (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 three lots which were created by Map No. 1298 in 1910 and are much less in conformance with today's standards than the 2 proposed lots. CO/dc/CR07-626wpS 9(8-16-90-3) Page 9 of 9