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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) . (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 . . . 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 . EXHIBIT "A" Resolution OL-94-04 . 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. . . . 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.