1990-09
8
.
.
RESOLUTION NO. OL-90-09
A RESOLUTION OF THE OLIVENHAIN
COMMUNITY ADVISORY BOARD APPROVING A DESIGN REVIEW
PERMIT FOR A WALL AND LANDSCAPING (88-250-DR)
FOR PROPERTY BEING PARCEL 4 OF PARCEL MAP NO. 10045
CITY OF ENCINITAS, COUNTY OF SAN DIEGO
RECORDED MAY 22, 1980
WHEREAS, crystal Ridge Partners applied for a Design Review
permit for construction of a 6'
solid wall at the top of the
northerly,
southerly
and
westerly
slope
bank
and
associated
landscaping as required by Chapter 23.08, the City of Encinitas
Design Review Ordinance,
and Planning commission Resolution of
approval No. 89-11 for Tentative Subdivision Map 88-250-TM, for
property being Parcel 4 of Parcel Map No. 10045, in the city of
Encinitas, County of San Diego, State of California, filed in the
office of the County Recorder of San Diego County, May 22, 1980 as
File No. 80-168209 of official records and as further described in
Attachment "A".
WHEREAS, public hearings were conducted on the application by
the Olivenhain Community Advisory Board on April 17, and May 8,
1990, and all persons desiring to be heard were heard; and
WHEREAS,
evidence was submitted and considered to include
without limitation:
a.
Grading plan dated revised 10-28-88 and received by the
city 3/22/89, and landscape/planting plan submitted by
the applicant dated received by the city of Encinitas on
April 30, 1990;
written information submitted with the application;
b.
JO/02/CRO8-785Wp51
1{4/19/91)
.
c.
d.
e.
Oral testimony from staff, applicant, and public made a
part of the record at said puplic hearing;
CAB staff reports (88-250-DR) dated April 12, and April
30, 1990 which are on file in the office of Planning and
Community Development; and
Additional written documentation.
NOW THEREFORE,
BE IT RESOLVED by the Olivenhain Community
Advisory Board of the City of Encinitas that the Design Review
Permit for 88-250-DR for construction of a 6' solid wall at the top
of the northerly, southerly and westerly slope bank and associated
landscaping
on
the
slopes
is
hereby
approved
subject
the
to
following findings:
1.
.
8
That the proposed project is in conformance with section
23.08.72 of the Design Review Ordinance, since the
project is consistent with the existing General Plan in
land use allowing one dwelling unit per 2 acres;
2.
That the proposed project is in conformance with section
23.08.74 of the Design Review Ordinance, since the
project consists of a wall and landscaping which are
accessory to single family uses;
3.
That the proposed project is in conformance with section
23.08.76 of the Design Review Ordinance, since the
exterior materials for the project have been coordinated
to be compatible with each other and the surrounding
area, and the proposed wall was a requirement of the
Tentative Subdivision Map approval;
4.
That the proposed project is in conformance with Section
23.08.077 of the Design Review Ordinance, since the
landscaping proposed will help screen the project from
adjacent lots, some draught tolerant planting is being
utilized, graded slopes will be planted to minimize
erosion, and the plant materials proposed should obtain
a mature appearance within 3 years after planting;
5.
That the proposed project is in conformance with Section
23.08.079 of the Design Review Ordinance, since privacy
for the adjacent lots will be retained to the extent
possible through landscaping as proposed for the slope
banks, and the 6' solid wall at the top of the slope
bank.
JO/02jCRO8-785wp51
2 (4/19'/91)
.
.
.
BE IT ALSO RESOLVED, that the Design Review Permit is approved
with the following conditions:
See Attachment "B"
PASSED AND ADOPTED this 8th day of May, 1990, by the following
vote, to wit:
AYES: Trujillo, Johnson, Perkins
NAYS: None
ABSENT: Duvivier, Wiegand
ABSTAIN: None
Chuck DuVi vier, Chairman of
the Olivenhain Community
Advisory Board
ATTEST:
¿:J ci ~
A S. NILES
Associate Planne
JO/02/CRO8-785wp51
3 (4/19/91)
.
ATTACHMENT "A"
LEGAL DESCRIPTION
PARCEL A:
parcel 4 of Parcel Map No. 10045, in the city of En~initas, County
of San Diego, state of California, filed in the Office of the
County Recorder of San Diego County, May 22, 1980 as File No. 80-
168209 of Official Records.
Reserving therefrom an easement for road, all utilities, drainage
and incidental purposes over, under and across those certain
"Proposed Private Road Easement" as shown on Parcel Map No. 10045.
PARCEL B:
An easement for road, all utilities, drainage and incidental
purposes over, under and across those certain "Proposed Private
Road Easement" as shown on Parcel Map No. 10045.
Parcel Map No. 10045, in the county of San Diego,. state of
California, filed in the Office of the County Recorder of San
Diego, County, May 22, 1980 as File No. 80-168209 of Official
Records.
.
PARCEL C:
An easement for road and utility purposes, together with the right
to convey the same to others, over, under, along and across that
portion of Lot 18 in the Subdivision of the Rancho Las Encinitas,
according to Map thereof No. 848, in the County of San Diego, State
of California, as described in deed to Robert Bazil and Ruby Lois
Bazil, recorded September 29, 1965 as File No. 176663 of Official
Records of said San Diego County, lying within a strip of land 40
feet wide, described as follows:
.
Beginning at the most southeasterly corner of said Bazil land;
thence along the southerly boundary thereof, North 73°33'58" West,
a distance of 166.00 feet to the TRUE POINT OF BEGINNING; thence
continuing along said boundary, North 73°33.'58" West, a distance of
42.93 feet; thence North 37°44'13" East, a distance of 2.33 feet to
the beginning of a tangent 180.00 foot radius curve, concave
Westerly; thence Northerly along the arc of said curve through a
central angle of 38°47'17", a distance of 121.86 feet; thence
tangent to said curve North 1°03'04" West to a point on the
Southeasterly boundary of land described in Deed to the County of
San Diego, recorded January 7,1975; thence Easterly along boundary
North 83°48'12" East, a distance of 40.16 feet; thence leaving said
boundary South 1°03'04" East, a distance of 87.63 feet to a tangent
30.00 foot radium curve, concave Northeasterly; thence Southerly
and Easterly along the arc of said curve through a central angle of
120°23'47", a distance of 63.04 feet-to a point of reverse 140.00
JO/02/CRO8-785wp51
4 (4/19/91)
8
.
.
foot radius curve, concave Southeasterly; thence Northerly and
Easterly along the arc of said curve through a central angle of
47°52'53", a distance of 117.00 feet; thence tangent to said curve
south 73°33'58" East, a distance of 20.28 feet to the Easterly
boundary of said Bazilland; thence along said Easterly boundary of
south 14°34'11" West, a distance of 40.02 feet; thence leaving said
boundary North'73°33'58" West, a distance of 21.58 feet to the
beginning of a tangent 100.00 foot radius curve, concave
Southeasterly; thence Southerly and Westerly along the arc of said
curve through a central angle of 68°41'4911, a distance of 119.90
feet; thence tangent to said curve South 37°44'13" West, 124.95
feet to a point on the southerly boundary of said Bazil land and
the TRUE POINT OF BEGINNING.
PARCEL D:
An easement for road and utility purposes, together with the right
to convey the same to others, over, under, along and across that
portion of Lot 18 in the Subdivision of the Rancho Las Encinitas,
according to Map thereof No. 848, in the County of San Diego, state
of California, as described in Deed to Harold J. Odmark and Clara
J. Odmark, recorded September 29, 1965 as File No. 176672 of
Official Records of said San Diego County, lying within a strip of
land 40.00 feet wide, the centerline of said strip of land being
described as follows:
Beginning at the most Southwesterly corner of said Odmark land;
thence along the Southwesterly line thereof South 73°33'58" East,
a distance of 443.74 feet to the Westerly line of Lone Jack Road,
a distance of 40.00 feet wide; thence along the Westerly line of
said Lone Jack Road, North 15°58'26" East, a distance of 20.01 feet
to the TRUE POINT OF BEGINNING; thence North 73 ° 3 3' 58" West, a
distance of 113.80 feet to the beginning of a tangent 100 foot
radius curve, concave Northeasterly; thence Westerly along the arc
of said curve through a central angle of 44°25'41" a distance of
77.54 feet; thence tangent to said curve North 29°08'17" West, a
distance of 60.83 feet to the beginning of a tangent 100 foot
radius curve, concave Southwesterly; thence Westerly along the arc
of said curve through a central angle of 44°25'41", a distance of
77.54 feet; thence tangent to said curve North 73°33'58" West,
150.23 feet to the Northwesterly line of said Odmark land to the
Point of Termination.
The sideline of said strip shall be lengthened and/or shortened so
as to form a continuous strip of uniform 40.00 foot width
terminating in the East on the westerly sideline of Lone Jack Road,
40.00 feet wide and in the West on the Northwesterly line of said
Odmark land.
JO/02/CRO8-785wp51
5(4/19/91)
8
8
.
Applicant:
Case No:
subject:
Location:
STANDARD CONDITIONS
ATTACHMENT liB"
Crystal Ridge Partners
88-250 -DR
Design Review Permit for a 6' solid wall at the top
of the northerly, southerly and westerly slope bank
and associated landscaping.
crystal Ridge Road
I.
STANDARD CONDITIONS
GENERAL CONDITIONS
A.
1.
B.
This approval will expire in two years, on May 8,
1994, 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
agency wi thin 15 calendar days from the date of
this approval. '
C.
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 issuance unless specifically waived here. .
D.
This approval shall become null and void if
building permits are not issued for this project
within two years from the date of project approval.
If the applicant is not able to obtain building
permits due to a growth management program within
the two year period, this approval may be extended
by the Director of Planning and community
Development to allow for the issuance of building
permits.
E.
Project is approved as modified as evidenced by the
grading/site plan, and landscape/planting plan
dated received by the City of Encinitas on April
30, 1990 and signed by a City Official as approved
by the Olivenhain Community Advisory Board on May
JO/02/CRO8-785wp51
1{4/19/91)
CASE NUMBER: 88-250-DR
Page 1 of 3
8
F.
G.
8, 1990, and shall not be altered without Planning
and community Development Department Review and
approval.
The landscape/planting plan shall be watered by a
drip irrigation system or other water conserving
measure.
The 6' solid wall is allowed to have one 6' wrought
iron gate per each of the four lots for resident
access to the rear slope bank areas.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND COMMUNITY
DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
2.
SITE DEVELOPMENT
A.
B,
8
3.
.
That the proposed development on the site will be
limited to one story homes for the fou~ lots on the
westerly property boundary and Design Review shall
be required for the homes on the four lots as
setforth in the City of Encinitas Design Review
Ordinance.
That Design Review for all additional fencing 4'
and over in height on the individual lots be
processed through the Administrative Design Review
process rather than through Design Review at the
community Advisory Board level. This is intended
to allow staff to review the fence for
compatibility with the existing Design Review
permit for the project.
C.
That the individual property owners be informed by
the developer prior to close of escrow that they
may design their own fence plans and they are not
obligated to use fence plans proposed by the
developer. A "Notification of Requirements for
Fence and Wall Review" shall be given to the
prospective property owners regarding the
requirements for Administrative Design Review of
all fences 4' and over in height and a copy of the
"notification of Requirements for Fence and Wall
Review" shall be submitted to the Department of
Planning and community Development for review and
approval prior to issuance to the prospective
property owners.
LANDSCAPING
A.
The
height
required
hedges
other
dense
for
or
JO/02/CRO8-785wp51
2{4/19/91}
CASE NUMBER: 88-250-DR
Page 2 of 3
.
B.
.
.
landscaping is the height to be attained within 3
years after planting.
The additional planting required on the slopes
shall be installed in accordance with a planting
plan that is submitted to and approved by the
Department of Planning and Community Development in
order to mitigate anticipated erosion, and drainage
changes, and mitigate the visual impact from
surrounding areas of the slopes and future
development on the site.
C.
A one year maintenance contract, to be paid for by
the developer, for the maintenance and care of the
new planting on the southern, western and northern
slopes (to include watering, weeding, fertilizing,
and any revegetation needed to ensure that the
approved landscape plan will reach a mature state
of development). The planting, revegetation, and
substantial establishment of the landscaping shall
be inspected and reported on by a certified
landscape architect to be paid for by the
developer, at 2 month intervals for the first year~
and at 6 month intervals thereafter until
determined by the inspector to be mature enough to
be substantially established.
D.
A covenant shall be recorded in the office
County Recorder and shall read as follows:
of
All required plantings and approved irrigation
systems shall be in place prior to use or occupancy
of new buildings or structures, or additions to
buildings or structures. All required plantings
shall be maintained in good growing conditions, and
whenever necessary, shall be. replaced with new
plant materials to ensure continued compliance with
applicable landscaping, buffering, and screening
requirements as setforth in the landscape plan
dated received by the City of Encini tas on April
30, 1990 and on file in the Department of Planning
and Community Development. All landscaping and
associated automatic irrigation systems shall be
maintained in a manner that will not depreciate
adjacent property values and otherwise adversely
affect adjacent properties.
JO/02/CRO8-785wp51
3 (4/19/91)
CASE NUMBER: 88-250-DR
Page 3 of 3
.
~
Ol,;-q 0 - °9
-O-L - tq 0 t \;-{lA \ ~ S ( Ñ"(:f '\
MIl"\tAT(;S fill»" ~£C"AAI~ Of .s ~
Vote:
Ayes - Johnson, Trujillo, Perkins, DuVivier
Nays - none
Absent - wiegand
Abstain - none
6.
PUBLIC HEARINGS CONTINUED
Board member DuVivier stepped down from item 6A (potential
conflict of interest).
A.
CASE NUMBER:
88-250 DR
Crystal Ridge Partners
Crystal Ridge Road
APPLICANT:
LOCATION:
DESCRIPTION:
Design Review for a wall and landscaping
as required by the Planning Commission on
the approved Map 88-250-TM. Item
continued from the meeting of April 17,
1990.
ENVIRONMENTAL
STATUS:
Exempt per CEQA section 15303, a.
Motion: Board Member Trujillo - To approve the project as
submitted with the landscape plan accommodating a water
conserving drip irrigation system.
Second:
Board Member Perkins
Vote:
Ayes - Trujillo, Johnson, Perkins
Nays - none
Absent - DuVivier, Wiegand
Abstain - none
Board Member DuVivier returned to the meeting after the vote
was taken.
~)
~
B.
CASE NUMBER:
90-017 DR
APPLICANT:
Stratford Estates
LOCATION:
West and East side of Lone Jack Road
between Crystal Ridge Road and 12th
street.
DESCRIPTION: .
Design Review for single family homes to
include landscaping, walls, trails, and
grading. This is a 9 lot development in
the RR-2 Zone. Item continued from the
JO/jm/CAB20-2012wp5
6(10/17/90/2)