1993-005CITY OF ENCINITAS
COMMUNITY DEVELOPMENT DEPARTMENT
505 Vulcan Avenue
Encinitas, CA 92024
(619) 944-2710
NOTICE OF DECISION
DCD-93-05
January 28, 1993
This letter is to inform you that the Director of Community
Development has approved your application for:
92-219 CR (Friedman) - Conceptual Review request to allow an
addition to an existing single family home to encroach 2 ft.
into the required 10 ft. side yard setback in the R-3 Zone for
property located at 1302 Rubenstein Avenue.
This approval is based upon the following determination, pursuant
to the City of Encinitas Municipal Code Section 30.16.010-10.
Second story additions to one story structures may
encroach into side yards, per the minimum setbacks as
specified in the above referenced section, if it is
determined that no view issues exist.
Staff determines that the second story addition, proposed
to have the same side yard setback as the existing single
story structure, satisfies the above criteria since the
proposed addition would encroach only 2 ft. into the
required 10 ft. setback, and because, based upon a field
inspection by staff, it is determined that the area of
proposed encroachment would not result in significant
loss of views by any surrounding properties. Further,
the public notice sent to adjacent property owners did
not result in the submission of any adverse comments.
This approval is based upon the following conditions:
1. The building permit applicable for this Conceptual Review
shall conform to the application submitted to the city and
dated received on December 30, 1992, and shall be subject to
the following limitations:
a. Any additions to the dwelling shall conform to the
required 25 ft. front yard setback. This setback shall be
measured from the property line, or the future street if
street dedication is indicated by the City Engineer. The City
Engineer is requiring a 3 ft. dedication as a condition of
approval of this permit request.
JK/92219CR.DEC (1/28/93)
b. Since the proposed bridge access off of Rubenstein Avenue
is not a part of the Conceptual Review request, it is not a
part of this approval. This request would be evaluated with
a building permit application, with adequate topographical
information provided. Section 30.16.010-E6 of the Municipal
Code allows limited portions of a primary building structure
to be located in the front yard.
2. This approval shall be valid for two years after the date of
this approval (to January 27, 1995).
3. Permits from other agencies will be required as follows:
- California Coastal Commission
4. Final approval of the site plan is subject to detailed review
upon building permit application. Said review shall determine
whether the subject addition constitutes a remodel or a new
unit for the purpose of fees and other requirements.
APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
FIRE
5. Address numbers shall be placed in a location that will allow
them to be clearly visible from the street fronting the
structure. The height of the numbers shall conform to Fire
District Standards. NOTE: Where structures are located off a
roadway on long driveways, a monument marker shall be placed
at the entrance where the driveway intersects the main
roadway. Address numbers shall be affixed to this monument.
6. Prior to final inspection, the applicant shall submit to the
Community Development Department a letter from the Fire
District stating that all development impact, plan check
and/or cost recovery fees have been paid or secured to the
satisfaction of the Fire District.
APPLICANT SHALL CONTACT THE ENGINEERING DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
7. Prior to authorization of building permit, the property owner
shall provide a 3 ft. dedication for public right-of-way in
order to achieve a 27 ft. half-street.
JK/92219CR.DEC (1/28/93)
In accordance with the provisions of the Municipal Code, this
decision may be appealed to the City Council within fifteen (15)
calendar days of the date of this determination. This notice
constitutes a decision of the Community Development Department
only. Additional permits, including Building Permits, may be
required by the Building Department or other City Departments. It
is the property owner's responsibility to obtain all necessary
permits required for the type of project proposed.
If you have any questions regarding this determination, please
contact Jim Kennedy at the Community Development Department by
telephoning (619) 633-2715
Patrick S. Murphy
Community Development Director
JK/92219CR.DEC (1/28/93)