"Because there is an unclear transition between plan designations, there is some <br />ambiguity as to where the designation boundary lies. The applicant will defer to the City <br />as to its interpretation of its own plan maps about the exact location of the [split- <br />zoning] boundary." <br />Although 1 agree with the applicant's request to rezone the property, including the split- <br />zoning of Tax Lot 1211, the lack of a precise description on the proposed split-zone boundary <br />makes it difficult to establish the boundary. While it would have been preferable to have a legal <br />description of the proposed boundary that I could rely upon, I understand the applicant's position. <br />The applicant was concerned that if it proposed the exact boundary, an opponent or the City could <br />oppose the application on the basis that the proposed boundary is incompatible with the <br />applicable plan policies because of an inaccurate legal description. <br />The best map of Tax Lot 1211 in the record that has been drawn to my attention is the site <br />map attached to the staff report. At the public hearing, the applicant's representative stated that <br />the site map attached to the staff report is accurate and drawn to scale. According to the <br />applicant's representative, the site map could be enlarged to provide the precise location of the <br />proposed split-zoning boundary. Opponents objected to using the site map to locate the <br />boundary, but did not provide any legal argument against such use. I am not aware of any legal <br />basis that prevents me from using the site map to establish the boundary. While this is a less than <br />ideal situation, in lieu of having a legal description to rely upon, I find that the boundary between <br />the R-1 Low-Density Residential and R-2 Medium-Density zone on Tax Lot 1211 is located as shown <br />on the site map attached to the staff report. <br />DECISION <br />Based upon the available evidence and preceding findings, the Hearings Official APPROVES <br />the applicant's request for: (1) a zone change from R-1 Low-Density Residential/SR Overlay to R-1 <br />Low-Density Residential without the SR Overlay for Tax Lots 304, 305, and 306; (2) a zone change <br />from AG Agricultural to R-1 Low-Density Residential for Tax Lots 1200, 1201, 1202, and 1207; and <br />(3) a zone change from AG Agricultural to R-1 Low-Density Residential and R-2 Medium-Density <br />Residential for Tax Lot 1211 with the boundary between the two zones as shown on the site map <br />attached to the staff report. <br />Dated this 18th day of September, 2013. Mailed this day of September, 2013. <br />Fred Wilson <br />Hearings Official <br />SEE NOTICE OF HEARINGS OFFICIAL DECISION FOR STATEMENT OF APPEAL RIGHTS <br />Hearings Official Decision (Z 13-5) Page 10 <br />