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HomeMy WebLinkAbout1728 CEREUS CT; ; 79-4036; Permit-MODEL NO.. BUILDING PERMIT APPLICATION City of CARLSBAD, CALIFORNIA 92008 .9I5IS BP Applicant to complete numbered spaces only.Phone 729-1181 Permit NO ARCHITECT OR DESIGNER -2SV-77/ MAIL ADDRESS L 1C ENSE NO. COMPENSATION INS. CARRIER . MAIL ADDHESS 17USE OF BJTTOI N G / —NO. BDRMS NO. RATHS 8 Class of work:D ADDITION DALTERATION D REPAIR D MOVE D REMOVE 9 Describe work: 10 Change of use from Change of use to 11 Valuation of work: $ f 0 -PLAN CHECK FEE $^0' • t^PERMIT FEE $ SPECIAL CONDITIONS:Type of Const. Occupancy Group MICRO FILM FEE Size of Bldg. (Total) Sq. Ft. No. of Stories Max. Occ. Load APPLICATION ACCEPTED 8Y PLANS CHECKED BY .APPROVE'OR ISSUANCE BY Fire Zone Use Zone Fire Sprinklers Required Qves ONO No. of Dwelling Units OFFSTREET PARKING SPAdES: No. RN°-. Covered Sq. Ft. NOTICE /Special Approvals SEPARATE PEFfMITS ARE REQUIRED FOR ELECTRICAL, PLUMB- ING, HEATING, VENTILATING OR AIR CONDITIONING. THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUC- TION AUTHORIZED IS NOT COMMENCED WITHIN 120 DAYS,OR IF CONSTRUCTION OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 120 DAYS AT ANY TIME AFTER WORK IS COM-MENCED. I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THISAPPLICATION AND KNOW THE SAME TO BE TRUE AND CORRECT.ALL PROVISIONS OF LAWS AND ORDINANCES GOVERNING THISTYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIEDHEREIN OR NOT, THE GRANTING OF A PERMIT DOES NOTPRESUME TO GI\/E AUTHORITY TO VIOLATE OR CANCEL THEPROVISIONS PJE^NY OTHER STATE OR LOCAL LAW REGULATINGOR THE^J»£RFORMANCE OF CONSTRUCTION. PLANNING DEPT. HEALTH DEPT. FIRE DEPT. SOIL REPORT OTHER (Specify) ENGINEERING DEPT. WATER DEPT. SIGNATURE OF OWNER (IF OWNER BUILDER) Required Received Not Required WHEN PROPERLY VALIDATED (IN THIS SPACE) THIS IS YOUR PERMIT PLAN CHECK VALIDATION CK.M.O.CASH PERMIT VALIDATION CK.M.O.CASH TOTAL FEES $ ??-INSPECTION RECORD REMARKS INSPECTOR FOUNDATIONS: SET BACK TRENCH REINFORCING FOUNDATION WALL & WEATHER PROOFING CONCRETE SLAB FRAMING INT. LATHING OR DRYWALL EXT. LATHING MASONRY FINAL USE SPACE BELOW FOR NOTES, FOLLOW-UP, ETC. PLUMBING PERMIT APPLICATION City of CARLSBAD, CALIFORNIA 92008 ^ , Applicant to complete numbered spaces only. • PhOPG 729-1181 Permit Nrr / —"' ' &"^ f JOB ADDR ESS , LEGAL DESCR. OWNER2 MAI L ADDRESS CONTRACTOR 3 • *'1TY LIC. NO. ARCHITECT OR DESIGNER MAI L ADDRESS ~ 7 ENG tNEER MAI L ADDRESS LICENSE NO. COMPENSATION fNS. CARRIER MAI L ADDRESS USE OFBUIL.DING 8 Classofwork: .&NEW DADOITION DALTERATION D REPAIR 9 Describe work: PERMIT FEES No.Type of Fixture or Item Fee SPECIAL CONDITIONS:WATER CLOSET (TOILET) BATHTUB LAVATORY (WASH BASIN) SHOWER KITCHEN SINK & DISP. DISHWASHER APPLICATION ACCEPTED BY PLANS CHECKED BY LAUNDRY TRAY CLOTHES WASHER WATER HEATER - NOTICE THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUC- TION AUTHORIZED IS NOT COMMENCED WITHIN 120DAYS.OR IFCONSTRUCTION OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 120' DAYS AT ANY TIME AFTER WORK IS COM-MENCED. I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THISAPPLICATION AND KNOW THE SAME TO BE TRUE AND CORRECT.ALL PROVISIONS OF LAWS AND'ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED HEREIN OR NOT, THE GRANTING-'OF A PERMIT DOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PROVISIONS OF ANY OTHER STATE OR LOCAL LAW REGULATING CONSTRUCTION OR THE PERFORMANCE OF CONSTRUCTION. URINAL DRINKING FOUNTAIN FLOOR—SINK OR DRAIN SLOP SINK GAS SYSTEMS: NO. OUTLETS WATER PIPING & TREATING EQUIP. WASTE INTERCEPTOR VACUUM BREAKERS LAWN SPRINKLER SYSTEM SEWER NUMBER CLEANOUTS. CESSPOOL SEPTIC TANK & PIT ROOF DRAINS ISSUANCE,FEE. SIGNATURE OF OWNER (IF OWNtR BUILDER)'.TOTAL FEES . WHEN PROPERLY VALIDATED (IN THIS SPACE) THIS IS YOUR PERMIT PLAN CHECK VALIDATION CK.M.O.CASH PERMIT VALIDATION CK.M.O.CASH INSPECTOR 7*£l!3 ELECTRICAL PERMIT APPLICATION city of CARLSBAD, CALIFORNIA 92008 Applicant to complete numbered spaces only. Phone 729-1181 Permit No JOB ADDRESS LEGAL IOESCR. LOT NO.'93 . «~y*y/i (QSEE ATTACHED SHEET) MAIL ADDRESS'.•,••."->,.•:,' PHONE'" CONTRACTOR MAIL ADDRESS ARCHITECT OR DESIGNER MAIL ADDRESS LICENSE NO. ENGINEER, —MAIL ADDRESS"LICENSE NO. .COMPENSATION INS. CARRIER MAIL ADDRESS USE OF BUILDING 8 Classofwork: EMJEW D ADDITION D ALTERATION D REPAIR 9 Describe work: SPECIAL CONDITIONS: PERMIT FEES SWIMMING POOL WIRING, NO INCREASE |N SERVICE No. Each Fee ,-wa APPLICATION ACCEPTED BY:PLANS CHECKED BY FOR ISSUANCE BY NEW CONSTRUCTION, FOR EACH AMPERES OF MAIN SERVICE, SWITCH, FUSE OR BREAKER ' NOTICE THIS PERMIT BECbMES NULL AND VOID IF WORK OR CONSTRUC- TION AUTHORIZED IS NOT COMMENCED WITHIN 120 DAYS.OR IF CONSTRUCTION OR WORK IS SUSPENDED OR ABANDONED FOR APERIOD OF 120 DAYS AT ANY TIME AFTER WORK IS COM MENCED. I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS APPLICATION AND KNOW THE SAME TO BE TRUE AND CORRECT.ALL PROVISIONS OF LAWS AND ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIEDHEREIN OR NOT, THE GRANTING OF A PERMIT DOES NOTPRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PROVISIONS OF ANY OTHER STATE OR LOCAL LAW REGULATING CONSTRUCTION OR THE PERFORMANCE OF CONSTRUCTION. NEW SERVICE ON EXISTING BLDG. FOR EA. AMPERE OF INCREASE IN MAIN SERVICE, SWITCH, FUSE OR BREAKER REMODEL, ALTERATION, NO CHANGE IN SERVICE, FOR EA. AMPERE OF INCREASE TEMP. SERVICE UP TO AND INCLUD- ING 200 AMP. TEMP. SERVICE OVER 200 AMP. PER 100 F SJ,<fNATURE OF CONTRACTOR OR AUJptfORIZEDAIJJptfORIZED AGEjrf jf(DAjf'E ISSUANCE FEE. SIGNATURE OF OWNER (IF OWNER BUILDER)TOTAL FEES WHEN PROPERLY VALIDATED (IN THIS SPACE) THIS IS YOUR PERMIT PLAN CHECK VALIDATION CK.M.O.CASH PERMIT VALIDATION CK.M.O.CASH INSPECTOR Cttp of Cartebab REQUEST FOR INSPECTION RECORD TIMEIt *N>»\/\ // EL/--V''-1 \ YT V _ PERMIT NO. OATF: l"*^' 6 - OWNER '^'^/I'Vi ^yi 0 ADDRESS \ * j 'P-x T\ \_J@JXJJ,4-((/'^ (-^-* REQUESTED BY PHONE NO. BUILDING D FOUNDATION D REINFORCING STEEL a MASONRY D GROUT -GUNITE D FLOOR AND CEILING SUB FRAME D SHEATHING D ROOF a SHEAR D FRAME D EXTERIOR LATH D INSULATION D INTERIOR LATH OR DRYWALL D FINAL PERSON TAKING REPORT ft $.°k ELECTRICAL D TEMPORARY SERVICE D UFFER GROUND D ELECTRIC UNDERGROUND D ROUGH ELECTRIC / D POOL BONDING >/ D ELECTRIC SERVICE D FINAL X^k?/^772# /^j£ £>4***gr* A PLUMBING Q UNDERGROUND PLUMBING D SEWER AND PL/CO D TOP OUT PLUMBING D TUB OR SHOWER PAN D GAS TEST D WATER HEATER D SOLAR WATER D FINAL P ce MISCELLANEOUS D CONDITIONED AIR SYSTEMS D SOLAR HEAT D PATIO D POOL D SPA D SIGN D GRADING D DRIVEWAY Ready For Inspection: D Monday D A.M. D P.M. D Friday RE-QUEST FOR INSPECTION "/~, ^ 7/- &/JJS-TR / ASW-' PFRMIT MO/ / / ^^k, TIME:. PERMIT NOfl .DATE:. / ~ 3 -&? —7 -) J> / /*\O ' ' - " ' ' ' ' READ^ FOR INSPECUON:' . T» »•' ••!-•% •,./;$ c SPECIAX INSTRUCTIONS. • ^ ,||t BUILDING •j^tZ! FOUNDATION .;^'CH. RE INFO RCi'NG STEEL >^f|O MASONRY .if^fc] GROUT -GUNITE .'^Ln FLOOR AND CEILING FRAME vxifa SHEATHING ':'§^O FRAME '^lf||o EXTERIOR LATH ' H|f|[..H INSULATION ;'Ari INTERIOR LATH OR DRYWALL cij$i FINAL /X VL^ ELECTRICAL CD TEMPORARY SERVICE EH ELECTRIC UNDERGROUND IZ1 ROUGH ELECTRIC « d POOL BONDING // CD ELECTRIC SERVICE fiv^ . CH CEILING HEAT 1 Ij % D G.F.I. . //[ I) C3 SMOKE DETECTOR ' ' Jf/J \^ FINAL ^y m / >9^-is ••-^i 1^ /^ " • ' •;:'"§ PLUVIBING ~T Nlfa .UNDERGROUND PLUMBING / •-'WD UNDERGROUND WATER JS . ">^tl ROUGH PLJMBING •"*f|J J TOP OUT PLUMBING .;'j||P SEWER ANJ PL/CO :J|%H TUB OR SHOWER PAN •,^"H GAS TEST . 'xJO WATER HE«\TER -v|k2 FINAL </j L ' / MISCELLANEOUS CH PLENUM AND DUCTS a COMBUSTION AIR a PATIO V. L~H SIGN . rH GRADING CH DRIVEWAY a CONDITIONED AIR SYSTEMS Q REFER PIPING CD FINAL PJAY O TUESDAY D WEDNESDAY D THURSDAY . .REQUESTED BY..PHONE MO. PERSON TAKING REPORT. REQUEST FOR INSPECTION TIME:- INSPECTOR-7 PERMIT NO.OATP-// ~ 3 0 ADDRESS-a+j_ BUILDING CD FOUNDATION CD REINFORCING STEEL CD MASONRY CD GROUT -GUNITE CD FLOOR AND CEILING FRAME CD SHEATHING CD FRAME CD EXTERIOR LATH CD INSULATION CD INTERIOR LATH OR DRYWALL CD FINAL ELECTRICAL CD TEMPORARY SERVICE CD ELECTRIC UNDERGROUND CD ROUGH ELECTRIC CD POOL BONDING CD ELECTRIC SERVICE CD CEILING HEAT o G.F.I. CD SMOKE DETECTOR CD FINAL PLUMBING CD UNDERGROUND PLUMBING CD UNDERGROUND WATER CD ROUGH PLUMBING CD TOP OUT PLUMBING CD SEWER AND PL/CO CD TUB OR SHOWER PAN CD GAS TEST CD WATER HEATER CD FINAL READY FOR INSPECTION: (a MONDAYJ SPECIAL INSTRUCTIONS MISCELLANEOUS a P.M. CD PLENUM AND DUCTS CD COMBUSTION AIR CD PATIO CD SIGN CD GRADING CD DRIVEWAY CD CONDITIONED AIR SYSTEMS CD REFER PIPING 0 FINAL ~-x UESDAY D WEDNESDAY D THOflSDAY D FRIDAY REQUESTED BY..PHONE NO. PERSON TAKING REPORT. To RETURN TO Signed Date Signed R«difprm 4S' 465 olyPok(50selsl4P46 SEND PAKTS 1 AND 3 WIWCARBONS INTACT . PART 3 WILL BE RETURNED_WITH REPLY FOR INSPECTION TIME:. INSPEC* OWNER ADDRE / rnp YLX^V^ PERI\/IIT NO.'' / x^^Oe? DATE: /S'/JS' / cc / /^.tSl (-KS7Jt£s£££2^ C^-^^t^f ^-—z"^ /&J\LDING^ d FOUNDATterfiT' d REINFORCING STEEL d MASONRY d GROUT -GUNITE d FLOOR AND CEILING FRAME d SHEATHING d FRAME d EXTERIOR LATH d INSULATION d INTERIOR LATH OR DRYWALL ^ ' FINAL ^ ELECTRICAL d TEMPORARY SERVICE d ELECTRIC UNDERGROUND d ROUGH ELECTRIC d POOL BONDING ,1 d ELECTRIC SERVICE^,^$/l/^) d CEILING HEAT lUjlaf jfil Jggf- d G.F.I. \J lllfjf ^ d SMOKE DETECTOR!' "' d FINAL / PLUMBING d UNDERGROUND PLUMBING d UNDERGROUND WATER C] ROUGH PLUMBING d TOP OUT PLUMBING d SEWER AND PL/CO d TUB OR SHOWER PAN d GAS TEST d WATER HEATER FINAL MISCELLANEOUS d PLENUM AND DUCTS d COMBUSTION AIR d PATIO d SIGN d GRADING d DRIVEWAY d CONDITIONED AIR SYSTEMS d REFER PIPING d FINAL EADY FOR INSPECTION: D MONDAY D TUESDAY D WEDNESDAY D THURSDAY Q FRIDAY DA.M. D P.M. \L INSTRUCTIONS. D BY..PHONE NO.. PERSON TAKING REPORT. REQUESTER INSPECTION TIME:. INSPECTOR. OWNER PERMIT NO .DATE:./ ADDRESS- BUILDING CD FOUNDATION CD REINFORCING STEEL CH MASONRY CD GROUT-GUNITE CD FLOOR AND CEILING FRAME CD SHEATHING CD FRAME CD EXTERIOR LATH CD INSULATION CD INTERIOR LATH OR DRYWALL CD FINAL PLUMBING CD UNDERGROUND PLUMBING CD UNDERGROUND WATER CH ROUGH PLUMBING CD TOP OUT PLUMBING IZ] SEWER AND PL/CO a TUB OR SHOWER PAN LH GAS TEST CH WATER HEATER 0 FINAL (ELECTRICAL CD TEMPORARY SERVICE CD ELECTRIC UNDERGROUND K^ROUGH ELECTRIC TU POOL BONDING CD ELECTRIC SERVICE CD CEILING HEAT CD G.F.I. CD SMOKE DETECTOR CD FINAL MISCELLANEOUS CH PLENUM AND DUCTS COMBUSTION AIR a PATIO a SIGN n GRADING CD DRIVEWAY CD CONDITIONED AIR SYSTEMS REFER PIPING P'JXIAL READY FOR INSPECTION:0 MONDAY DA.M. Q P.M. DTUESDAY D THURSDAY D FRIDAY SPECIAL INSTRUCTIONS. REQUESTED BY.PHONE NO.. RSON TAKING REPORT. REQUEST FOR INSPECTION INSPECTOR- OWNER PERMIT TIME:. DATE:. ADDRESS. BUILDING 1Z1 FOUNDATION CH REINFORCING STEEL CD MASONRY CD GROUT-GUNITE O FLOOR AND CEILING FRAME CH SHEATHING CH FRAME CH EXTERIOR LATH CD INSULATION D INTERIOR LATH OR DRYWALL C FINAL PLUMBING a UNDERGROUND PLUMBING CH UNDERGROUND WATER CD ROUGH PLUMBING d TOP OUT PLUMBING a SEWER AND PL/CO TUB OR SHOWER PAN S TEST fav&> WATER HEATER FINAL READY FOR INSPECTION:D MONDAY D A.M. a P.M. D TUESDAY ELECTRICAL CH TEMPORARY SERVICE d] ELECTRIC UNDERGROUND 0B ROUGH ELECTRIC [U POOL BONDING C] ELECTRIC SERVICE EH CEILING HEAT Q G.F.I.I C3 SMOKE DETECTOR a MISCELLANEOUS LH PLENUM AND DUCTS d COMBUSTION AIR a PATIO LD SIGN LH GRADING CH DRIVEWAY O CONDITIONED AIR SYSTEMS CH REFER PIPING 0 FINAL DNESDAY\ D THURSDAY D FRIDAY SPECIAL INSTRUCTIONS. REQUESTED BYs .PHONE NO. PERSON TAKING REPORT. REQUEST FOR INSPECTION«-*- - INSPECTOR \ *"*-^-^-' PERMIT NO- OWNER TIME:_ .DATE:. '•&•^- ADDRESS.pj~y BUILDING OUNDATION REINFORCING STEEL GROUT-GUNITE CD FLOOR AND CEILING FRAME CD SHEATHING CH FRAME CD EXTERIOR LATH CD INSULATION CD INTERIOR LATH OR DRYWALL CD FINAL PLUMBING CD UNDERGROUND PLUMBING CD UNDERGROUND WATER CD ROUGH PLUMBING CD TOP OUT PLUMBING CD SEWER AND PL/CO CD TUB OR SHOWER PAN CD GAS TEST CD WATER HEATER CD FINAL sA ELECTRICAL CD TEMPORARY SERVICE CD ELECTRIC UNDERGROUND JOUGH ELECTRIC BONDING 'ELECTRIC SERVICE CD CEILING HEAT CD G.F.I. CD SMOKE DETECTOR/^ CD FINAL ( / / MISCELLANEOUS CD PLENUM AND DUCTS CH COMBUSTION AIR CD PATIO CD SIGN CD GRADING CD DRIVEWAY CD CONDITIONED AIR SYSTEMS CD REFER PIPING CD FINAL READY FOR INSPECTION: D MONDAY D TUESDAY D WEDNESDAY D A.M. a P.M. SPECIAL INSTRUCTIONS eWTHURSDAY a FRIDAY REQUESTED BY..PHONE NO.. PERSON TAKING REPORT. INFORMATION SHEET \ -J 'BUILDING DEPARTMENT SUILDING ADDRESS: RECEIVED DATE :AUGS ly/y CITY OF CARLSBAD — Building Department— LANNIlfG DEPARTMENT ZONE LOT SIZE LOT WIDTH UNITS ALLOWED UNITS PROVIDED PARKING SPACES REQUIRED % COVERAGE ALLOWED BUILDING HEIGHT ALLOWED FRONT SETBACK; ALLOWED PROVIDED _PROVIDED_ _PROVIDED PROVIDED SIDE SETBACK: INTRUSIONS LANDSCAPE & IRRIGATION PLAN COMMENTS: REAR SETBACK: ENVIRONMENTAL PROTECTION/REO/: SCHOOL FEES:AMOUNT: ADDITIONAL COMMENTS:0 •OK TO ISSUE:DATE .OK TO FINAL D DATE ENGINEERING DEPARTMENT R.O.W. U IMPROVEMENTSINDUSTRIAL WASTE SEWER CONNECTION H//\~ DRIVEWAY , LOCAJ^ONS ///4 GRADING PERMIT EASEMENTS f^&^JL DRAINAGE LEGAL DESCRIPTION ADDITIONAL COMMENTS /-r >^ QiJ Q5VFi6c>aAT't)Aj ~r-fc»-g o M PcAcO OK TO ISSUE:DATE PWI OK TO FINAL DATE FIRE DEPARTMENT SPRINKLING SYSTEM FIRE ALARMS FIRE HYDRANTS ADDITIONAL COMMENTS _FIRE PROTECTION EQUIP. EXITS LOCATION ', OK TO ISSUE:DATE OK TO FINAL DATE WATER DEPARTMENT REQUIREMENTS OF APPROPRIATE DISTRICTS MET DEVELOPMENTAL SERVICES D Assistant City Manager (714)433-5596 CKBuilding Department (714)438-5525 D Engineering Department (714) 438-5541 D Housing & Redevelopment Department (714)438-5611 D Planning Department (714) 438-5591 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 April 28, 1982 Andrew J Cesare 140 Marine View Drive Solana Beach, California 92075 Subject: Pool Fence, 1728 Cereus Court This letter confirms our recent telephone co-nversation and answers your letter of February 19. The pool was constructed and finally inspected prior to the 'date our new pool ordinance requiring a five-foot fence became effective. The side fence lines are 42" high, and it will be acceptable to have a 42" fence on the rear lot line to comply with the old ordinance. . The problem occurs when .the fence is moved down the hill. Its present height from grade is 42" but when it is moved it will not be 42" from grade on the uphill side. A new fence would have to be constructed. MARTIN OREN DIRECTOR TIMOTHY, PHILLIPS, INSPECTOR DEVELOPMENTAL SERVICES D Assistant City Manager (714) 438-5596 D Building Department (714) 438-5525 D Engineering Department (714) 438-5541 n Housing & Redevelopment Department (714)438-5611 D Planning Department (714) 438*591 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 Citp of Cartebafc JOB LOCATION DATE 1728 Cereus Court 2-23-82 SWIMMING POOL FENCE VARIANCE Your request for a swimming pool fence variance is approved MARTIN ORENYAK, BUILDING OFFICIAL Your request for a swimming pool vari'ance is denied for the followi ng reasons: MARTIN ORENYAK, BUILDING OFFICIAL la U ANDREW J. CESARE FCB221982 ATTORNEY AT LAW LOMAS SANTA FE PROFESSIONAL BUILDING AREA CODE 714 I4O MARINE VIEW DRIVE, SUITE IO3 4SI-S2OO P 6>£5Af| SOLANA BEACH, CALIFORNIA 92075 275-4234 Mr. Marty Orenyak, Director February 19, 1982 Building Department City of Carlsbad 1200 Elm Street . Carlsbad, California 92008 RE; 1728 Cereus Court, Carlsbad, pool fence variance request •Dear Mr. Orenyak: • . I represent Mr. and Mrs. Vincent Sportiello, who reside in the Seaport development, 1728 Cereus Court, in the City of Carlsbad. In 1979, Mr. and Mrs. Sportiello constructed a swimming pool at their residence, fully complying with all of the applicable,Carlsbad Building Department regulations in effect at that time, including the swimming pool fence height ordinance, City of Carlsbad Municipal Code, Chapter 18.28, which required a 42" fence to be placed around the pool. Pursuant to Carlsbad's swimming pool fence ordinance (Chapter 18.28), Mr. and Mrs. Sportiello constructed a 42" fence around their pool, a portion of which was constructed along their back lot line. My clients were subsequently sued in the San Diego County Superior Court by their back lot line neighbors for con- structing a fence along their back lot line exceeding the 36" fence height limitation imposed by the local CC & R's. In an attempt to settle the court action, the settlement con- ference judge, Judge Charles Froehlich, suggested that that portion of my client's fence which is situated on the parties' respective back lot lines, be moved down the slope a few feet to a point where, when measured from the top of' the hill, the fence would not exceed the 36" fence height limitation imposed by the local CC & R's, yet would remain in compliance with the City of Carlsbad's 42" swimming pool fence height requirement. Although I had been told previously by City of Carlsbad Building Department personnel that the fence could not be moved from its present location on my clients' back lot line, I am now being told that my client's 42" fence along his back lot line can be moved, but if it is so moved that the City of Carlsbad's new swimming pool fence ordinance, Chapter 18.28, effective July 2, 1981, would require that said' fence be a minimum of 60" in height. Mr. Marty Orenyak February 19, 1982 Page Two I am hereby requesting, on behalf of my clients, that the City of Carlsbad grant a variance to Mr. and Mrs. Sportiello, exempting them from the new 60" swimming pool fence height requirement if they move their back lot line fence as described hereinabove. The variance should be granted for the following reasons. First of all, the back lot line fence will continue to be a height of 42" after it is moved a few feet down the slope. The slope itself represents a natural barrier which provides appropriate safeguards and a condition that reasonably restricts access to the pool. The only reason that the fence must be moved at the present time is due to my clients' strict compliance with the City of Carlsbad ordinance/ in effect at the time the pool and fence were originally constructed. My client's will incur substantial costs by being required to construct a 60" fence at this time. I have enclosed herein a photograph of the pool area, fence and slope at issue in this matter. As you can see, by allowing my clients^tp move their existing fence a few feet down the back slope, the existing safeguards and conditions would not be lessened. Based on the above, it would be impractical and un- necessary to protect the public health and safety to require my clients to now construct a 60" fence in place of the existing 42" fence. The existing fence would accomplish the same protection of the public health and safety as the current fencing requirement, in that the existing 42" fence will continue to restrict and prevent access to the pool. I would therefore respectfully request that the variance requested herein be granted. If you require any additional information, please contact me and I will be happy to provide you with the same. Please call me if you have any questions regarding any of the above. Sincerely, Andrew JU/Cesare AJC:ro Encl. cc: Mr. and Mrs. Vincent Sportiello Lonnie R. Beard, Esq. Francis J. Briscoe, Esq. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 .15 16 17 18 19 20 21 22 23 24 25 26 27 28 THOMAS L. SEVERANCE Attorney at Law 530 "B" Street, Suite 910 San Diego, California 92101 Attorney for Plaintiffs SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN DIEGO, NORTH COUNTY BRANCH CARTER SILCOX, et al., Plaintiffs, v. VINCENT SPORTIELLO, et al., ) ) ) Case No. N 14616 DECLARATION OF CARTER DARNELI, "' DATE: 7/26/82 Defendants. ) TIME: 9:30 a.m. •••••') DEPT: "G" •.- AND ALL RELATED CROSS ACTIONS. I, CARTER DARNELL, declare as follows: I am the plan checker for the Building department for the City of Carlsbad. I am acting under authority of the Director of the Building department, Martin Orenyak. After reviewing the fence situation for the property at 1728 Cereus Court, Carlsbad, I have the authority and knowledge to make the following statements: (1) The present fence was installed under a pre-1981 ordinance that required only a 42" fence around swimming pools. The 1981 ordinance requires 60"; however, wherever this present fence is moved, only the 42" requirement will apply since it was originally installed before the current ordinance. (2) If the fence is moved down the hills the fence must be at least 42" from grade on both sides. "From grade" means a horizontal distance of two (2) feet.1 -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 on both sides. The fence can have a maximum space on the bottom of five (5) inches. The five (5) inch space plus the 42" fence would be sufficient to insure at least 42" from grade if the fence is moved some distance down the hill. (3) Alternatively tf the fence is moved completely down the hill by the pool, a distance of five (5) feet from the edge of the water to the fence is re-_ quired. Again, a minimum height of 42" from grade on both sides would be required. I declare under penalty of perjury under the laws of the State of California that the foregoing Is true Executed at Carlsbad, California/on July 22, 1982. CARTER DARNETL -2- 1 2 Q Attorney for Plaintiffs 4-' 5 6 7 g SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 10 11 DECLARATION OF 12" .13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 THOMAS L. SEVERANCE Attorney at Law 530 "B" Street, Suite 910 San Diego, California 92101 FOR THE COUNTY OF SAN DIEGO, NORTH COUNTY BRNACH CARTER SILCOX, et al., ) Case No. N 14616 ) Plaintiffs, ) v. ) TIMOTHY PHILLIPS VINCENT SPORTIELLO, et al., ) ) DATE: 7/26/82 Defendants. ) TIME: 9:30 a.m. • ' ' '• • ) DEPT: "G" ,- ) AND ALL RELATED CROSS ACTIONS. ) I, TIMOTHY PHILLIPS, declare as follows: I am a building inspector for the city of Carlsbad. I had the opportunity to inspect the property at 1728 Cereus Court, Carlsbad to determine how a 42" chain link fence could meet both the Carlsbad City ordinance and the 36" re- quirement of the Declaration of Restrictions. I have the authority and knowledge to make the following statements: (1) The present fence was installed under a pre-1981 ordinance that required only a 42" fence around swimming pools. The 1981 ordinance requires 60"; however, wherever this present fence is moved, only the 42" requirement will apply since it was originally installed before the current ordinance. (2) If the fence is moved down the hill, the fence must be at least 42" from grade on both sides. "From grade" means a horizontal distance of two (2) feet -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 on both sides. The fence can have a maximum space on the bottom of five (5) inches. The five (5) inch space plus the 42" fence would be sufficient to insure at least 42" from grade if the fence is moved some distance down the hill. (3) Alternatively if the fence is moved completely down the hill by the pool, a distance of five (5) feet from the edge of the water to the fence is re- quired. Again, a minimum height of 42" from grade on both sides would be required. I declare under penalty of perjury under the laws of the State of California that the foregoing ts true and correct. Executed at Carlsbad, California on July 22, 1982. TIMOTHY PHILLIPS -2- ANDREW J. CESARE ATTORNEY AT LAW ' LOHAS SANTA FE PROFESSIONAL BUILOINO • AMCA COOK 714 I*O MARINE VIEW DRIVE, SUITE IO3 *BI-e*OO OR SOLANA BEACH, CALIFORNIA 92O75 Z7B-422* Mr. Vincent Sportiello December 23, 1981 1728 Cereus Court Carlsbad, CA. 92008 RE; Silcox, et al. v. Sportiello, et al. Case No. N 14616 Dear Vince: I have spoken with Tim Phillips of the City of Carlsbad Building Department in connection with the above-referenced fence dis- pute, and he informed me that if the back fence is moved down the slope so as to place it in compliance with the local CC & R 36" requirement, that it would remain in compliance with the City of Carlsbad swimming pool fence ordinance (Ordinance #18.28). I have also spoken with John Clark of San Diego Fence Company, . and he has inspected the fence and indicated to me that they can relocate the 183' of fence, and add 41 of new fence for a fee of $673.71 (tax included). If you wish for him to pro- ceed with the fence relocation, you should contact him at 279-8442. If you wish to obtain another estimate, you should do so as soon as possible. I have also enclosed herein a copy of my letter to Keith Hughes, the attorney for Peninsula Fire Insurance Company. It's contents are self-explanatory. Please contact me if you have any questions regarding the above. I wish you and your family a very happy holiday season. Sincerely, Andrew J. Cesare AJC:ro Encl. / cc: Tim Phillips ts 1200 ELM AVENUE CARLSBAD. CALIFORNIA 92008 TELEPHONE: (714)729-1181 This document will certify that I am aware of the provisions of the California Administrative Code, Title 24, Section T20-1406(c), "Swimming Pool Heating", as shown on form DPL #297. I understand that neither a swimming pool building permit using a fossil-fueled heater nor a plumbing/electrical permit for a new or replacement fossil-fueled heater will be issued until this certification is executed. For the swimming pool located at__ (site address) I certify that all of the following requirements for fossil-fueled (or electric) swimming pool heaters will be met: 1. Outdoor pools shall be equipped with a pool cover. 2. ON-OFF switch on outside of heater to allow shutdown without adjusting thermostat and start-up without relighting pilot light. 3. 36" minimum length of plumbing provided between filter and heater to allow future solar installation. 4. After January 1, 1982, new heaters installed must have 75% thermal efficiency. 5. Time clocks installed to allow pump operation during off-peak demand periods (unless pump used for active solar). 6. . Directional water inlets in pool for good mixing. Print Owners Name: {/JAfCfg' ?\'/^ Owners Signature: Print Contractors Name: Date Contractors Signature:• •^; Address: 0^03 , TO: Department of Planning and Land Use This document will certify that I am aware of the provisions of the California Administrative Code, Title 24, Section T20-1406(c), "Swimming Pool Heating", as shown on form DPL #297. I understand that neither a swimming pool building permit using a fossil-fueled heater nor a plumbing/electrical permit for a new or replacement fossil-fueled heater will be issued until this certification is executed. For the swimming pool located at __ (site address) I certify that all of the following requirements for fossil-fueled (or electric) swimming pool heaters will be met: 1. Outdoor pools shall be equipped with a pool cover. 2. ON-OFF switch on outside of heater to allow shutdown without adjusting thermostat and start-up without relighting pilot light. 3. 36" minimum length of "plumbing provided between, filter and heater to allow future solar installation. ' 4. After January 1, 1982, new heaters installed must have 75% thermal efficiency. 5. Time clocks installed to allow pump operation during off-peak demand periods (unless pump used for active solar). 6. Directional water inlets in pool for good mixing. Signed (owjMjrT fb«-^0 r^M^C^D Date * - DPL #3798 6-22-79 olSan Diet Depar 9150 Chesapeake Drive San Diego, CA 92123 565-5920 (Zenith 7-0888) se 200 - L East Main El Cajon, CA 92020 579-451T (Zenith 7-1398) THE DEPARTMENT OF PLANNING AND LAND USE AFFIDAVIT D This document will certify that I am aware of the provisions of Ordinance 4945 requiring fencing for swimming pools. I have received a copy of Form DPL #297 ich stipulates what is an acceptable pool enclosure. I understand that I, as the owner, must obtain a building permit for the pool fencing at /7S-V <G£fl^o<, ( T^ SITE ADDRESS and must obtain an approved final inspection of the fencing from your Department prior to final inspection of the pool, and prior to any use of the pool. (owner) I have not made application for a fence permit. Enclosure for my swimming pool presently conforms to the requirements on Form DPL #297 as follows: SIGNED DATE (owner) This form is to be attached to the Inspector's copy of the pool permit. DPL #379 Rev. 5-7-79 Ref. Policy TZ-2