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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: TC/04/MS12-1462WP5 (3-2-90) A:89034TPM.RES 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 TC/04/MS12-1462WP5 (3-2-90) A:89034TPM.RES . . . 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 TC/04/MS12-1456WP5 (3-2-90) I 8 48 8 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. TC/04/MS12-1456WP5 (3-2-90) ,.. 8 8 8 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. tc/03jCAB17-1725WP5 (4-20-90-1) 8 8 8 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. tc/03/CAB17-1725WP5 (4-20-90-1)