1990-09
RESOLUTION NO. OE90-09
A RESOLUTION OF THE OLD ENCINITAS
COMHUNITY ADVISORY BOARD APPROVING A
BOUNDARY ADJUSTMENT BETWEEN TWO PARCELS
LOCATED WEST OF OCEAN VIEW AVENUE
BETWEEN UNION AND SUNSET
(CASE NUMBER S9-047BA/CC)
WHEREAS, a request for consideration of a boundary adjustment
and certificate of compliance was filed by Mr. Michael Bliss and
Mr. Doug Harwood to allow adjustment of a boundary line between two
parcels presently 40,948 and 29,049 sq. ft. in area and proposed
to be adjusted to 52,914 and 17,083 sq. ft respectively, in the R3
zone in accordance with Chapter 24.70 of the City of Encinitas
Municipal Code, for the property located at 221 Sunset (and
fronting on Ocean View Avenue between Union st. and Sunset Dr.,
legally described as:
A portion of Lot 7 of Seaside Gardens Annex, according to the
Map thereof No. 1801, filed in the Office of the County
Recorder on August 6, 1924.
WHEREAS, a public hearing was conducted on the application on
March 29, April 12, and April 26, 1990, and;
WHEREAS, the Community Advisory Board considered:
1. The staff report with attachments dated February 21,1990;
2. The application and adjustment plat dated received Apr.
JCJ, 1990;
3. Oral evidence submitted at the hearing;
4. written evidence submitted at the hearing; and
WHEREAS, the Old Encinitas Community Advisory Board made the
following findings pursuant to section 24.70.060 of the Encinitas
Municipal Code:
(SEE ATTACHMENT "A")
NOW, THEREFORE, BE IT RESOLVED by the Old Encinitas community
Advisory Board of the City of Encinitas that application 89-
047BA/CC is hereby approved subject to the following conditions:
(SEE ATTACHMENT" B" )
BE IT FURTHER RESOLVED by the Old Encinitas Community Advisory
Board of the city of Encinitas that:
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This project was found to be exempt from environmental review in
accordance with Sect. 15305 (a) of the California Environmental
Quality Act (CEQA) Guidelines.
PASSED AND ADOPTED this 26th day of April,
following vote, to wit:
1990,
by the
AYES: Birnbaum, Tobias, Townsend
NAYS: None
ABSENT: Rotsheck
ABSTAIN: Steyaert
~b~~
the Old Encini tas Community
Advisory Board
ATTEST:
-------~c=- .~ ~~~-::::.
~~ j>"
~ ------------C--
Tom Curriden
Associate Planner
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.
.
.
RESOLUTION NO. OE90-
ATTACHMENT "A"
FINDINGS FOR A BOUNDARY ADJUSTMENT (SECT. 24.70.060)
(Case No. 89-047BA/CC)
An application for a boundary adjustment shall be
approved unless the parcels resulting from the adjustment
will:
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
developments standards established through the
zoning 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 wi thin
limitations for lot density and intensity of
development and use as established through the
zoning and development code.
Evidence: Staff have identified no standards in the
zoning or municipal codes with which this adjustment will
be inconsistent. The resulting lots will exceed the
14,500 sq. ft. minimum lot size of the R3 zone, observe
an effective density of 1.25 units per acre, and conform
with Subdivision Ordinance and Zoning Ordinance
requirements as to lot design, width and depth.
The lots will take access from Sunset Drive and Ocean
View Avenue, respectively.
b.
Create a condition which
building regulations.
with
does
not
comply
Evidence: No lot line will be adjusted or created which
will produce any nonconformities as to setbacks, and
staff have identified no other U.B.C. provisions with
which this adjustment would be inconsistent.
c.
Materially, adversely effect an agreement for the
security for the construction of public
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security for
improvements.
construction
public
the
of
Evidence: No public improvements are being required in
conjunction with the adjustment and no agreements are
presently in place which would be adversely effected by
it.
d.
Extends beyond the limits of the city.
Ev idence : The
boundaries.
project
site
entirely
within
city
is
e.
Requires substantial alteration of any existing
improvement or creates a need for any new
improvement.
Evidence: Public improvements are not presently in place
(ei ther adj acent to the subj ect property or in the
vicinity) and are not being required in conjunction with
this application.
f.
Adjusts the boundary 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
security therefor.
Evidence: staff have identified no agreements for public
improvements or security therefor which would be affected
by this proposed adjustment.
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RESOLUTION NO. OE90-09
CONDITIONS OF APPROVAL
subject:
Boundary Adjustment
Applicant:
Bliss and Harwood
Location: West of Ocean View between Union and Sunset
Case No.: 89-047 BA/CC
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
Standards) which describes the monuments set to establish
the fence line as the boundary between the Bliss and
Harwood properties; said plat must be prepared to the
satisfaction of the city Engineer.
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 and must be prepared to the satisfaction
of the City Engineer.
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.
II.
STANDARD CONDITIONS
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND
COMMUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING
CONDITIONS (ITEMS 4 THROUGH 10):
GENERAL CONDITIONS
4.
This approval may be appealed to the authorized agency
within 15 calendar days from the date of this approval.
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5.
6.
7.
8.
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.
Approval of this request shall not waive compliance with
any sections of the zoning Development Code and all other
applicable City Ordinances.
Permits or findings of exemption shall be obtained from
other agencies as follows: Coastal Commission
The application is approved as submitted and shall not
be altered without authorized agency review and approval.
SITE DEVELOPMENT
9.
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.
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 Director
of Public Works.
Fire District:
11.
Prior to recordation of certificates, all impact and cost
recovery fees shall be collected.
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