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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)