1991-09
RESOLUTION NO.
C-91-09
A RESOLUTION OF THE CARDIFF-BY-THE-SEA
COMMUNITY ADVISORY BOARD APPROVING A BOUNDARY
ADJUSTMENT BETWEEN TWO EXISTING LEGAL LOTS LOCATED AT
1741 & 1749 SAN ELIJO AVENUE
(CASE NO. 90-282 BA/CC)
WHEREAS, a request for consideration of a Boundary Adjustment
was filed by Barry Marassi, Janet Muller and Dawn Nelson to allow
relocation of an existing lot line separating two legal lots as per
Chapter 24.70 of the City of Encinitas Municipal/Subdivision Code,
for the properties located at 1741 and 1749 San Elijo Avenue,
legally described as:
PARCEL "A"
LOT "C" AND THE NORTHERLY 2.46 FEET OF THE EASTERLY 65.50 FEET
OF LOT "B" IN BLOCK 75 OF CARDIFF VILLA TRACT, IN THE CITY OF
ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO MAP THEREOF NO. 1469, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, AUGUST 10, 1912.
EXCEPTING FROM SAID LOT "C" THE SOUTHERLY 7.50 FEET OF THE
WESTERLY 74.50 FEET THEREOF.
PARCEL "B"
All of Lot B and the Southerly 7.50 feet of the Westerly 73.00
feet of Lot C in Block 75 of Cardiff vista Tract, in the
County of San Diego, State of California, according to Map
thereof No. 1469, filed in the office of the County Recorder
of San Diego County, August 10, 1921.
Exempt from said Lot B the Northerly 7.50 feet of the Easterly
67.00 feet thereof.
Also excepting that portion of said Lot B lying Southeasterly
of a line described as follows:
Commencing at the most Easterly corner of said Lot B thence
along the Northeasterly line of said Lot B North 27 degrees
28 minutes West, 3.40 feet to the TRUE POINT OF BEGINNING;
thence South 64 degrees 59 minutes 35 seconds West, 114.35
feet; thence South 60 degrees 44 seconds 15 minutes West
(South 60 degrees 51 minutes 57 seconds West per record),
25.77 feet to a point on the Southwesterly line of said Lot
B distant thereon North 27 degrees 28 minutes West 7.50 feet
from the most Southerly corner of said Lot B.
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PARCEL 2:
An easement and right of way for ingress and egress and for
road purposes over, along and across the Easterly 15.00 feet
of Lot "A" in Block 75 of Cardiff Villa tract, in the County
of San Diego, State of California, according to Map thereof
No. 1469 filed in the Office of the County Recorder of San
Diego County, August 10, 1921.
WHEREAS, public hearings were conducted on the application on
January 28, and March 25, 1991; and
WHEREAS,
the
Community Advisory
Board
considered without
limitation:
1.
The staff reports dated January 23, and March 20, 1991;
2.
The application and Adjustment Plat Map submitted by the
applicant and dated received by the City on December 20,
1990;
3.
Oral evidence submitted at the hearings;
4.
Written evidence submitted at the hearings; and
WHEREAS, the Cardiff-by-the-Sea community Advisory Board made
the following findings pursuant to Chapter 24.70 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
90-282
BA/CC
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 of the authorized agency or
appeal authority, prior to which time the applicant must
prepare a plat map (in accordance with Record of Survey
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2.
3.
standards) which describes the monuments set to establish
the adjusted side yard line as the boundary between the
properties described herein; said plat or other legal
instrument must be prepared to the satisfaction of the
city Engineer.
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 and must be prepared to the satisfaction
of the City Engineer.
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.
II.
STANDARD CONDITIONS
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND
COMMUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING
CONDITIONS (ITEMS 4 THROUGH 11):
GENERAL CONDITIONS
4.
This approval may be appealed to the authorized agency
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.
Approval of this request shall not waive compliance with
any sections of the Zoning Development Code and all other
applicable city Ordinances.
7.
Permits or findings of exemption shall be obtained from
other agencies as follows: State Coastal Commission
8.
The application is approved as submitted and shall not
be altered without authorized agency review and approval.
9.
Prior to approval of a lot line adjustment, any parcel
which is served by an on-site sewage disposal system must
be reviewed by the Department of Health to ensure that
the proposed lot line adjustment:
A. will not adversely impact upon existing sewage
disposal facilities; and
B. will conform to all property line
requirements for sewage disposal facilities.
setback
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C. No lot line adjustment shall be approved for
any property with a substandard, on-site sewage disposal
system unless such system is improved to conform with
then-existing standards.
D. Upon review and approval
Department of Health, a designated
Department shall sign a certificate
record of survey for any property with
disposal system.
by the County
officer of the
on the proposed
an on-site sewage
SITE DEVELOPMENT
10.
Prior to any additional development of the project site,
all conditions of approval contained herein shall be
completed to the satisfaction of the Director of the
Planning and Community Development Department.
11.
Any change to the natural drainage or concentration of
drainage shall be adequately handled and shall not impact
adjacent properties to the satisfaction of the City
Engineer.
Fire District:
l2.
Prior to recordation of certificates, all impact and cost
recovery fees shall be collected.
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
25th day of March,
1991
by the
following vote, to wit:
AYES:
Cruz, Anderson, Grossman, Hall, Tom
NAYS:
None
ABSENT:
None
ABSTAIN:
None
c~ù ~L ~-l~~
Calvin Tom, Chairman of the
Cardiff-by-the-Sea Community Advisory Board
ATTEST: ()
C'~~~ .cM-----
Craig Olson, Assistant Planner
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ATTACHMENT "A"
FINDINGS FOR RESOLUTION NO.: C-91-09
IN ACCORDANCE WITH SECTION 24.70.060
OF THE CITY OF ENCINITAS SUBDIVISION ORDINANCE
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 resulting parcels will conform with (or exceed) all
applicable provisions of the Zoning and Subdivision Ordinances,
including the R-11 District Standards for lot size (minimum of
3,950 square feet), lot width (minimum 40 ft.), lot depth (minimum
90 ft.), and density (maximum of 11 du/ac).
B. Create a condition which does not comply with building
regulations.
Evidence: The adjustment will not create any nonconformances
relative to setbacks, lot coverage, or floor area ratio. No new
construction is proposed for either of the subject lots at this
time.
C. Materially, adversely affect an agreement for the security
for the construction of public improvements.
Evidence: No security agreements for public improvements has 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
improvement or creates a need for any new improvement.
existing
Evidence: No existing public 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." No agreements for public improvements
have been found on either of the subject properties.
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