1990-10
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RESOLUTION NO.
OL-90-10
A RESOLUTION OF THE OLIVENHAIN
COMMUNITY ADVISORY BOARD APPROVING A DESIGN REVIEW
MODIFICATION PERMIT FOR THE GRADING, LANDSCAPING, POOL
AND CONSTRUCTION OF A ONE STORY STABLE
(90-051-DR/MOD) FOR PROPERTY BEING LOT 1
OF BROOKSIDE SUBDIVISION
WHEREAS, Robert and Christine Fontana, applied for a Design
Review Modification for a pool,
landscaping,
terraces, paving,
privacy walls, a stable and fencing for Lot 1 of the Brookside
Subdivision on Brookside Lane, Encinitas as required by Chapter
23.08,
the City of Encinitas Design Review Ordinance and the
Olivenhain community Advisory Board Resolution of approval (OL-89-
006) for Pacific Scene Case No. 88-265-DR; and
WHEREAS, a public hearing was conducted on the application
by the Olivenhain community Advisory Board on April 17, 1990 and
all persons desiring to be heard were heard; and
WHEREAS,
evidence was submi tted and considered to include
without limitation:
a.
site plan, elevations, landscaping and grading plans
submitted by the applicant;
written information submitted with the application;
Oral testimony from staff, applicant, and public made a
part of the record at said public hearing;
CAB staff report (90-051-DR/MOD) dated April 11, 1990
which is on file in the office of Planning and Community
Development; and
Additional written documentation.
b.
c.
d.
e.
LN/CAB16-204wp
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NOW THEREFORE, BE IT RESOLVED by the Olivenhain Community
Advisory Board of the city of Encinitas that the Design Review
Modification Permit for 90-051-DR/MOD for Lot 1 of the Brookside
Subdivision for a pool,
landscaping, terraces, paving, privacy
walls, a stable and fencing is hereby approved subj ect to the
following findings:
1.
That the proposed proj ect is in conformance with section
23.08.72 of the Design Review Ordinance, since the
proj ect is consistent with the existing and proposed
General Plan in land use allowing one dwelling unit per
2 acres and lot averaging where significant environmental
features are being retained and all utilities are
available to the site;
2.
That the proposed project is in conformance with section
23.08.74 of the Design Review Ordinance, since the
project has limited and reduced the grading to prevent
excessively high graded slopes, provided for a low
profile design, reduced the overall amount of grading by
utilizing small walls, and retained a major portion of
the site in an open space easement;
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 structure is compatible with the
size and scale of other single family accessory
structures in the surrounding neighborhood and it is of
similar or lesser height;
4.
That the proposed project is in conformance with section
23.08.077 of the Design Review Ordinance, since the
landscaping proposed will help create privacy for the
individual lot, draught tolerant planting is being
utilized, graded slopes will be planted to minimize
erosion, and a major portion of the site is being
retained in its natural topography; and
5.
That the impact of the proposed development on the site
and the surrounding area is being mitigated by measures
that have been designed into the project.
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BE IT ALSO RESOLVED, that the Design Review Permit is approved
with the following conditions:
A.
The proj ect is approved as submi tted on the elevations,
landscape plans, and site plans dated February 28, 1990 which
are on file in the Department of Planning and Community
Development, and shall not be altered without Community
Advisory Board review and approval.
B.
Gradinq Conditions
1.
The owner shall obtain a grading permit prior to the
commencement of any clearing or grading of the site.
2.
The grading for this project is defined in Chapter 23.24
of the Encinitas 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
approved grading plan, submi t required reports to the
City Engineer and verify compliance with Chapter 23.24
of the Encinitas Municipal Code.
3.
No grading shall occur outside the limits of the PROJECT
unless a letter of permission is obtained from the owners
of the affected properties.
4.
All slopes within this project shall be no steeper than
2: 1.
5.
A soils/geological/hydraulic report (as applicable) shall
be prepared by a qualified engineer licensed by the State
of California to perform such work at first submittal of
a grading plan.
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C.
D.
Drainaqe Conditions:
1.
The owner shall exercise special care during the
construction phase of this project to prevent any offsite
siltation. The owner 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 shown and specified on the
grading plan and 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 owner 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.
A drainage system capable of handling and disposing of
all surface water originating within the project and all
surface waters that may flow onto the proj ect 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.
2.
3.
Concentrated flows across driveways and/or sidewalks
shall not be permitted.
utilities
1.
The developer shall comply with all the rules,
regulations and design requirements of the respective
sewer and water agencies regarding services to the
project.
2.
The owner shall be responsible for coordination with
S.D.G. & E., Pacific Telephone, and Cable TV authorities.
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PASSED AND ADOPTED
this 17th day of April, 1990, by the
following vote, to wit:
AYES:
Boardmembers DuVivier, Johnson, Perkins, Trujillo, and
Wiegand
NAYS:
None
ABSENT:
None
ABSTAIN:
None
ATTEST:
d
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LN/CAB16-204wp
CHUCK DU VIVIER, vi -C ai
the Olivenhain Community
Advisory Board
an of