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.
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