1992-01
RESOLUTION NO. CARD 92-01
A RESOLUTION OF THE CARDIFF
COMMUNITY ADVISORY BOARD
APPROVING A VARIANCE
TO ENCROACH 15 FEET INTO
THE REQUIRED 25-FOOT FRONT YARD SETBACK
OF THE R-3 ZONE
FOR PROPERTY BEING PARCEL 2 OF PARCEL MAP 16615
FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY ON SEPTEMBER 11,1991
FOR THE CONSTRUCTION OF A
FUTURE SINGLE FAMILY DWELLING FOR PROPERTY LOCATED AT
1354 RUBENSTEIN AVENUE
(CASE NUMBER 91-215 V; DAVID SHIELDS)
WHEREAS, a request for consideration of a Variance was filed
by David Shields to allow a 10 ft. encroachment into the required
25 ft. front yard setback for the construction of a single family
residence per Chapter 30.78 of the City of Encinitas Municipal
Code, for the property located at 1354 Rubenstien Avenue, legally
described as:
Parcel 2 of Parcel Map 16615, filed in the office of the County
Recorder of San Diego County september II, 1991.
WHEREAS, a public hearing was conducted on the application on
January 27, 1992;
WHEREAS, the Community Advisory Board considered:
1. The staff report dated January 22, 1992;
2. The application and conceptual development plans submitted
by the applicant received December 12, 1991;
3. Oral evidence submitted at the hearing;
4. written evidence submitted at the hearing; and
WHEREAS, the Cardiff community Advisory Board made the
following findings pursuant to Chapter 30.78 of the Encinitas
Municipal Code:
(SEE ATTACHMENT II A II )
NOW, THEREFORE, BE IT RESOLVED by the Cardiff Community
Advisory Board of the City of Encinitas that application 91-215V is
hereby approved subject to the following conditions:
(SEE ATTACHMENT "B")
1
BE IT FURTHER RESOLVED by the Cardiff community Advisory Board
of the City of Encinitas that:
This proj ect was found exempt from environmental review under
section 15303 (a) of the State CEQA guidelines.
NOW, THEREFORE, BE IT RESOLVED by the Cardiff Community
Advisory Board of the city of Encinitas that application 91-215 V
is hereby approved.
PASSED AND ADOPTED this 27th day of January,
following vote, to wit:
1992, by the
AYES:
Grossman, Hall, Torn
NAYS:
None
ABSENT:
Anderson, Cruz
ABSTAIN:
None
I
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Calvin F. Tom
Chairman of the Cardiff
Community Advisory Board
ATTEST:
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f" (./;~:- i).. -' ' : ',,:,,¿ " ::./,
J 1m Kenned,y . - , ~/
Junior Plánner.
//
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JK/91215V.RES (1-17-92)
2
Applicant:
Case No.
Subject:
Location:
ATTACHMENT liB"
CONDITIONS OF APPROVAL
David Shields
91-215 V
Conditions
new single
Located at
of approval for a Variance Permit for a
family home.
1354 Rubenstein Avenue
1.
GENERAL CONDITIONS
A.
B.
C.
D.
E.
F.
G.
This approval will expire on January 27, 1993, at 5:00
p.m. unless the conditions have been met or an extension
has been approved by the Authorized Agency.
This approval may be appealed to the authorized agent
within 15 days from the date of this approval.
The project is approved as submitted and shall not be
altered without review and approval by the authorized
agency.
Nothing in this permit shall relieve the applicant from
complying with the conditions and regulations generally
imposed upon activities similar in nature to the activity
authorized by this permit;
Approval of this request shall not waive compliance with
any sections of the Zoning Code and all other applicable
City Ordinances in effect at the time of Building Permit
issuance.
The applicant shall comply with the latest adopted
Uniform building Code, Uniform Mechanical Code, Uniform
Plumbing Code, National Electric Code, Uniform Fire Code,
and all other applicable codes and ordinances in effect
at the time of building permit submittal.
Permits from other agencies will be required as follows:
- California Coastal Commission
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND
COMMUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING
CONDITIONS:
2.
SITE DEVELOPMENT
3
A.
B.
C.
Prior to issuance of building permits, all appropriate
conditions of approval contained herein shall be
completed to the satisfaction of the Director of
Community Development. Other conditions shall be
satisfied prior to final inspection.
A plan shall be submitted for approval by the Director of
Planning and community Development and the Encinitas Fire
Protection District regarding the treatment of the site
during the construction phase, and the circulation and
parking of construction workers' vehicles and any heavy
equipment needed for the construction of the project.
All cost recovery fees associated with the processing of
the subject application shall be paid to the Department
of Planning and Community Development prior to the
issuance of building permits.
THESE ITEMS MUST BE COMPLETED PRIOR TO FINAL FIRE DISTRICT
APPROVAL. APPLICANT SHALL CONTACT THE ENCINITAS FIRE
PROTECTION DISTRICT REGARDING COMPLIANCE WITH THE FOLLOWING
CONDITIONS:
3.
FIRE
A.
4.
Address numbers shall be clearly visible from the street
fronting the structure. Where structures are located off
a roadway on long driveways, a monument shall be placed
at the entrance where the driveway intersects the main
roadway. Permanent address numbers shall be displayed on
this monument.
B.
Prior to the issuance of building permits, the applicant
shall submit 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
District.
C.
Future structure shall be protected by an automatic fire
sprinkler system. sprinkler system shall be installed to
the satisfaction of the Fire District.
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
Public Works
Gradinq Conditions
JK/91215V.RES (1-17-92)
4
A.
B.
C.
The Developer shall obtain a grading permit prior to the
commencement of any clearing or grading of the site.
The grading for this project is defined in Chapter 23.34
of the Encini tas Municipal Code. Grading shall be
performed under the observation of a civil engineer whose
responsibility it shall be to coordinate site inspection
and testing to ensure compliance of the work with the
approve grading plan, submit required reports to the City
Engineer and verify compliance with Chapter 23.24 of the
Encinitas Municipal Code.
No grading shall occur outside the limits of the PROJECT
unless a letter of permission is obtained from the owners
of the affected properties.
D.
A soils/geological/hydraulic report (as applicable) shall
be prepared be a qualified engineer licensed in the state
of California to perform such work prior to building
permit issuance; or at first submittal of a grading
plan.
Drainage Conditions
E.
The developer shall exercise special care during the
construction phase of this project to prevent any off-
site siltation. The developer shall provide erosion
control measures and shall construct temporary
desiltation/ detention basins of type, size and location
as approved by the City Engineer. The basins and erosion
control measures shall be constructed to the satisfaction
of the City Engineer prior to the start of any other
grading operations. Prior to the removal of any basins
or facilities so constructed, the area served shall be
protected by additional drainage facilities, slope
erosion control measures and other methods required or
approved by the City Engineer. The developer shall
maintain the temporary basins and erosion control
measures for a period of time satisfactory to the City
Engineer and shall guarantee their maintenance and
satisfactory performance through cash deposit and bonding
in amounts and types suitable to the City Engineer.
F.
A drainage system capable of handling and disposing of
all surface water originating within the subdivision, and
all surface waters that may flow onto the subdivision
from adjacent lands, shall be required. Said drainage
system shall include any easements and structures as
required by the City Engineer to properly handle the
drainage.
G.
Concentrated
flows
driveways
sidewalks
across
and/or
5
shall not be permitted.
H.
Developer shall execute and record a covenant with the
County Recorder agreeing not to oppose the formation of
an assessment district to fund the installation of right-
of-way improvements.
JK/91215V.RES (1-17-92)
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