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1991-16 RESOLUTION NO. C-91-16 A RESOLUTION OF THE CARDIFF-BY-THE-SEA COMMUNITY ADVISORY BOARD CITY OF ENCINITAS, APPROVING A DESIGN REVIEW PERMIT TO ALLOW A 30 FOOT TELEVISION ANTENNA LOCATED AT 1366 RUBENSTEIN AVENUE (CASE NUMBER 91-008 DR) WHEREAS, a request for consideration of a Design Review Permit was filed by Donald Union to allow a 30 foot in height television antenna, as per Chapter 30.16.010 of the City of Encinitas Municipal, for the property located at 1366 Rubenstein Avenue, legally described as; The southwesterly Portion of Lot 20, Map 2163 of the Ridgeway .Heights Subdivision. WHEREAS, a public hearing was conducted on the application on April 22, 1991; and WHEREAS, 'the Cardiff-by-the-Sea Community Advisory Board considered: 1. The staff report dated April 17, 1991; 2. The proposed General Plan, Zoning Code and maps; 3. Oral evidence submitted at the hearing; 4. written evidence submitted at the hearing; and WHEREAS, the Cardiff-by-the-Sea Community Advisory Board made the following findings pursuant to Chapter 30.16.010 of the Encinitas Municipal Code: (SEE ATTACHMENT II A II ) NOW, THEREFORE, BE IT RESOLVED by the Cardiff-by-the-Sea Community Advisory Board of the City of Encinitas that application 91-008DR is hereby approved subject to the following conditions: (1) The project as submitted is approved and shall not be altered without City approval or as conditioned herein. JK/02/CM17-2534wp51(4-24-91/32) Page 1 of 3 (2) within 30 days of the effective date of this permit, applicant shall submit a statement from the Fire Prevention District to the Community Development Department indicating that all impact, plan check, and/or cost recovery fees have been paid. (3) Permits or findings of exemption shall be obtained from the state Coastal Commission and any other applicable Government agencies. BE IT FURTHER RESOLVED by the Cardiff-by-the-Sea Community Advisory Board of the City of Encinitas that: This project is found to be exempt from Environmental Review per Section 15301(e) of CEQA. PASSED AND ADOPTED this 22nd day of April, 1991, by the following vote, to wit: AYES: Tom, Cruz, Hall, Grossman, Anderson NAYS: None ABSENT: None ABSTAIN: None ¡( C_- ,> '------.- ... ì .ç------ r ,. -- ---- - Calvin F. Tom, Chairman of the Cardiff-by-the-Sea Community Advisory Board ATTEST: CfiJ.tL-. e .cQ .--- Craig Olson Assistant Planner JK/02/CM17-2534wP52(4-24-91/32) Page 2 of 3 ATTACHMENT "A" RESOLUTION NO. C-91-16 Findings for Design Review Chapter 30.16.010 of the Encinitas Municipal Code (Case No. 91-008 DR) What follows is a discussion of the proposal as it relates to the findings the Board must make to warrant approval contained in Section 30.16.01087-b of the Zoning Ordinance: 1) The portion of the building (television antenna) outside of the standard envelope shall maintain some of the significant views enjoyed by residents of nearby properties. Evidence: The Cardiff-by-the-Sea Community Advisory Board finds that the subject television antenna will preserve some of the significant views enjoyed by nearby residents in that the antenna has a relatively small mass and therefore results in a relatively small blockage of views. 2) The building (television antenna) shall be compatible in bulk and mass with buildings on neighboring properties. Evidence: The Board finds that a television antenna is a common acceptable accessory structure with a single family home and the subject antenna therefore does not render the on site structures incompatible with the neighboring properties. JK/02/CM17-2534WP53(4-24-91/32) Page 3 of 3