1994-04
.
RESOLUTION NO. OL-94-04
A RESOLUTION OF THE
OLIVENBAIN COMMUNITY ADVISORY BOARD
APPROVING A DESIGN REVIEW PERMIT TO ALLOW
THE CONSTRUCTION OF A GUARDHOUSE AND
GATED ACCESS ENTRY FOR PROPERTY LOCATED
ADJACENT TO WILDFLOWER DRIVE AT LILAC SUMMIT DRIVE
(CASE NO. 94-088 DR; APN: 264-091-54)
WHEREAS, wildflower Estates Partnership / Al Mayo applied for
a Design Review Modification pursuant to Chapter 23.08 (Design
Review) of the Municipal Code of the City of Encinitas to allow for
the construction of a Guardhouse and Gated Access Entry on
wildflower Drive (a Private street); and,
WHEREAS, the property is located on Wildflower Drive adjacent
to Lot 31; and,
WHEREAS, a public hearing was conducted on July 12, 1994 by
the Olivenhain Community Advisory Board and the Board considered
without limitation: .
1.
. 2.
3.
4.
5.
The Agenda Report for the July 12, 1994 Olivenhain CAB
meeting;
The adopted General Plan, Zoning Code and associated Land
Use Maps;
Oral evidence received at the Puþlic Hearing;
written evidence submitted witþ the application and
received at the Public Hearing;
The site Plan (with landscaping) and Elevation drawings
consisting of one sheet dated received by the City on
June 6, 1994; and
WHEREAS, the Oli venhain Community Advisory Board made the
required findings pursuant to section 23.08.070 of the Encinitas
Municipal Code:
(See Exhibit "A")
NOW THEREFORE, BE IT RESOLVED that tþe application for D~sign
Review Permit No. 94-088 is hereby approved subject to the
following conditions:
.
(1)
The project is approved as sub~itted and evidenced by
plans dated received by the City on June 6, 1994 and
shall not be altered without city approval or as
conditioned herein.
.
(4)
(5)
.
(6)
(7)
(8)
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(2)
This approval may be appealed to the Planning Commission
within 15 calendar days from the date of this approval in
accordance with Chapter 1.12 of the Municipal Code.
This Design Review approval shall be valid for two years
from the effective date of the permit, during which time
construction of the approved structure(s) shall be
pursued in conformance with the Uniform Building Code to
the satisfaction of the Director of Community
Development; or as may be extended pursuant to the
Municipal Code.
(3)
Prior to Building Permit issuance, a plan shall be
submi tted for approval by the Director of Communi ty
Development and the Encinitas Fire Protection District
regarding the treatment of the site during the
construction phase, the circulation and parking of
construction workers' vehicles and any heavy equipment
needed for the construction of the project, and the
mi tigation of potential impacts the construction may pose
to surrounding residents.
All required landscape plantings as shown on the approved
plans shall be in place prior to use or occupancy of new
buildings or structures. All required plantings and
automated irrigation systems shall be maintained in good
growing and working condition and, whenever necessary,
shall be replaced with new plant materials or irrigation
parts to ensure continued compliance with applicable
landscaping, buffering, and screening requirements. All
landscaping and irrigation systems shall be maintained in
a manner that will not depreciate adjacent property
values and otherwise adversely affect adjacent
properties.
All exterior lights shall be provided with shields to
prevent light glare from being visible above the
horizontal plane of the bottom of the light source.
As agreed to by the applicant, the Covenants, Conditions
and Requirements (CC&Rs) for the subdivision in which
this entry gate ia located shall advise property owners
within the subdivision that if L9ne Jack Road is blocked,
public access through the subdivision cannot be denied
pursuant to a public official's request to open the
private access gate.
FIRE PREVENTION DISTRICT: Th~ developer shall contact
the Fire Prevention District regarding compliance with
the following conditions:
A. The minimum vertical clearance of the
overhang Drive-thru shall be 13 feet
Driveways shall be a minimum of 16 feet
Guardhouse
6 inches.
in width.
B.
Gates shall be equipped with an emergency quick
release system and shall be activated by strobe
sensors which will open the gate upon the approach
.
.
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of emergency vehicles. The exit gate shall be loop
detector activated. A battery back-up power system
for the gate operation shall be provided to the
satisfaction of the District. Plans for the gates
and their electrical components shall be submitted
to the Fire Prevention District for approval prior
to the issuance of a Building Permit.
C.
The developer shall submit the Maintenance
Agreement for the entry gates and guardhouse to the
Fire District for their review and approval.
D.
FEES: Prior to Final Occupancy, the applicant
shall submit to the Community Development
Department a letter from the Fire Prevention
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.
(9)
CITY ENGINEER: The developer shall contact the City
Engineering Department regarding compliance with the
following conditions:
A. The developer shall provide a list of all property
owners and their properties which are impacted by
the gated access. The affected property owners
shall sign an agreement stating their approval of
the gated access plan prior to the issuance of a
Building Permit.
B.
An Irrevocable Offer of Dedication (IOD) exists for
wildflower Drive. Should the City accept the IOD
and wildflower Drive becomes Public Right-of-way,
the homeowners, as specified within the Maintenance
Agreement, shall be responsible for the removal of
the gated access and guardhouse at the request, and
to the satisfaction, of the City.
BE IT FURTHER RESOLVED that the Olivenhain Community Advisory
Board, as Lead Agency and in their independent judgement, finds
this project to be exempt from Environmental Review pursuant to
Section 15301 of the California Environmental Quality Act (CEQA)
since the facilities or structures will be constructed within an
area already constructed as a roadway.
PASSED AND ADOPTED this 12th day of July,
following vote, to wit:
1994,
by the
. AYES: Bode, McGregor and Jordan
NAYS: Tutoli
ABSENT: Van slyke (potential conflict)
ABSTAIN: None
Scott M. Jordan, ice-Chairman
of the Olivenha1n Community
Advisory Board, City of
Encinitas
.
AT}\EST: n n
~~lJ ~ . C-\!~
Craig R. Olson
Assistant Planner
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EXHIBIT "A"
Resolution OL-94-04
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Findings for Design Review Approval
Pursuant to section 23.08.072 and
section 30.16.010B7b of the Municipal Code
1) The project design is consistent with the General Plan,
or Specific Plan and the provisions of the Municipal Code.
Facts: The subject property was approved for subdivision and
the Design Review request is consistent with the Tentative Map
approval.
Discussion: Staff can not identify any aspect of the
submitted proj ect which does not comply with Zoning Code
standards, General Plan Policies or the requirements of the
Tentative Subdivision Map approval.
Conclusion: The Olivenhain Community Advisory Board finds,
therefore, that the design of the project conforms to the
policies and standards of the General Plan, Zoning Ordinance,
Municipal Code, and the provisions of the Tentati ve Map
approval.
2) The project design is substantially consistent with the
Design Review Guidelines.
.
Facts: The project design provides structures which conform
to the site design layout of the approved subdivision map, the
building designs provide architectural accents and relief and
the homes within the subdivision will be provided privacy and
security by the proposed project.
Discussion: The project design is consistent with the intent
of the Design Guidelines in that buildings and landscaping are
well planned to take advantage of the site without intruding
on the privacy of neighboring property.
Conclusion: Therefore, the Board finds that the project
design is consistent with the intent of the Design Review
Guidelines.
3) The project design will not adversely affect the health,
safety, or general welfare of the community.
Facts: The project design is consistent with the design of
the subdivision and the gated access and guardhouse are to be
constructed within a Private Street easement and a Maintenance
Agreement for the structures will be reviewed and approved by
the city.
.
Discussion: All utility services are available or can be
extended to the site. staff can find no evidence to indicate
that the project design would adversely affect the health,
safety, or general welfare of the community.
.
.
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Conclusion: Therefore, the Olivenhain Board finds that the
project design will not adversely affect the health, safety or
general welfare of the Olivenhain Community.
4) The project will not tend to cause the surrounding
neighborhood to depreciate materially in appearance or value.
Facts: The project design tends to be compatible with the
style of single family residences constructed within the
neighborhood.
Discussion: staff can find no evidence to indicate that the
project would materially depreciate the appearance or value of
the neighborhood.
Conclusion: Therefore, the Olivenhain Board finds that the
project will not adversely depreciate the appearance or value
of the immediate neighborhood or the Olivenhain Community.