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1990-12 . . . RESOLUTION NO. OL-90-12 A RESOLUTION OF THE OLIVENHAIN COMMUNITY ADVISORY BOARD APPROVING A DESIGN REVIEW MODIFICATION PERMIT AND CERTIFYING THE NEGATIVE DECLARATION FOR THE GRADING, AND CONSTRUCTION OF ONE SINGLE FAMILY DWELLING UNIT (90-045-DR/MOD/EIA) FOR PROPERTY BEING LOT 11 OF BROOKSIDE SUBDIVISION COMMONLY KNOWN AS 3246 BROOKSIDE LANE, ENCINITAS WHEREAS, Brookside X, applied for a Design Review Modification and Environmental Review for the grading, and construction of 1 single family dwelling unit on Lot 11, of the Brookside Subdivision at 3246 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, public hearings were conducted on the application by the Olivenhain Community Advisory Board on May 8, and June 5, 1990 and all persons desiring to be heard were heard; and WHEREAS, evidence was submitted and considered to include without limitation: a. site plan, floor plans, and elevations dated February 1990 and received by the City on March 8, 1990, and grading plans dated received by the city on May 30,1990, 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 reports (90-045-DR/MOD/EIA) dated May 1, and May 30, 1990 which are on file in the office of Planning and Community Development; and Additional written documentation. b. c. d. e. NOW THEREFORE, BE IT RESOLVED by the Olivenhain Community Advisory Board of the City of Encinitas that the Design Review . . . Modification Permit for 90-045-DR/MOD for Lot 11 of the Brookside Subdivision for 1 single family lot is hereby approved and the Negative Declaration is hereby certified subject 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 reduced the grading to prevent excessively high graded slopes, provided for a low profile design with parking at a lower level, and reduced the overall amount of grading to retain as much of the site in its natural state as possible; 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 structures in the surrounding neighborhood and it is of similar or lesser height; 4. 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. BE IT ALSO RESOLVED, that the Design Review Permit is approved with the following conditions: A. The project is approved as submitted on the site plan, floor plans, and elevations dated February 1990 and received by the City on March 8, 1990, and grading plans dated March 2, 1990 and received by the City on March 8, 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. Prior to the City Building Department issuing a final inspection on framing, the applicant shall provide to the . . . F. Department of Planning and Community Development a survey from a civil Engineer as to the building height in conformance with this Design Review approval. C. That a plan be submitted for approval by the Director of Planning and Community Development, the City Engineer, and the Encinitas Fire Protection District regarding the treatment of the site during the construction phase, and the circulation and parking of construction workers 1 vehicles and any heavy equipment needed for the construction of the project. D. That recreational trail as approved on the original Design Review Case 88-265-DR for Pacific Scene be dedicated and improved prior to final inspection and occupancy as shown on the Trail Map labeled Exhibit D, dated April 10, 1989, and on file in the Department of Planning and Community Development. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: E. 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, submit 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. All slopes within this project shall be no steeper than 2: 1. 4. 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. Drainaqe Conditions: 1. A drainage system capable of handling and disposing of all surface water originating within the project and all 10 . . . G. 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. Concentrated flows across driveways and/or sidewalks shall not be permitted. Fire 1. Address numbers shall be clearly visible from the street fronting the structure. Where structures are located off a roadway on long driveways, a monument shall be placed at the entrance where the driveway intersects the main roadway. Address numbers shall be displayed on this monument. 2. Prior to issuance of a building permit, the applicant shall submit a letter from the fire district stating that all development impact, plan check and/or cost recovery fees have been paid or secured to the satisfaction of the District. PASSED AND ADOPTED this 5th day of June, 1990, by the following vote, to wit: AYES: NAYS: ABSENT: ABSTAIN: ATTEST: Boardmembers ~'f6~O D"'~l\/lf~, J"Ð\tÑSO,J P etz.. ~ ~ c;. ,.- ~ S" IlLo I"O~~ CHUCK DU VIVIER, Vice-Chairman of the Olivenhain Community Advisory Board LINDA S. NILES, Associate Planner LN/CAB16-212wp 11 City of Encinitas OLIVENHAIN COHHUNITY ADVISORY BOARD Regular Meeting Agenda and Action Minutes PLACE OF MEETING: CITY COUNCIL CHAMBERS 535 Encinitas Boulevard, suite 100 Encinitas, CA 92024 PLANNING DEPT. (619) 944-5060 Tuesday, June 5, 1990 - 7:00 PM 1. CALL TO ORDER/ROLL CALL Community Advisory Board Members Present: steve Perkins, Kevin Johnson, Maura wiegand, Linda Trujillo, Chuck DuVivier community Advisory Members Absent: None . staff Members Present: Linda Niles, Associate Planner Jay Olivas, Planning Technician 2. PLEDGE OF ALLEGIANCE 3. SPECIAL PRESENTATIONS/ANNOUNCEMENTS ORAL COHHUNICATIONS 4. Oral comments (maximum of three minutes) will be heard from persons who submit a white slip to staff. No action may legally be taken on non-agenda items, such items will be referred to the Planning staff. Board Member DuVivier stepped down from the closing and adoption of the consent calendar. 5. CLOSING AND ADOPTION OF CONSENT CALENDAR A. Approval of Minutes from meeting of May 22, 1990. The Board requested the following revisions of May 22, 1990 minutes: . 1) Add Board comments to Item 6A., comments to read under "No Action taken on this item:" JO/05/CAB20-1812wp5 (7-2-90/4) 1 ~7-' Fnr;n;t'I< f\nlllp,'"rrl Fncinir,I' r,iI¡fnrni" q~()~.i ('1t).t)-i+~O~O . . . "Board comments for the project are positive overall with the way the proposed SFR is integrated into the site. The applicant, however, is requested to find additional information on the soil conditions, sewer, and access to the site." 2) Amend Item 6.B., motion to read: (7th and 10th line issues) - Change words "nearly" to "nearby." (7th line issue add) - After "preserve nearby views." Add sentence "This condition is expressly based upon the finding that various feasible adjustments in the proposed setbacks would result in a view increase of 1-2 feet." 3) Amend Item 6D., motion to read: (13th line issue) - Change word "nearly" to "nearby." Motion: Board Member Johnson - To accept and adopt the consent calendar with the above revisions to the May 22,1990 minutes and to continue Item 7C to the meetinq of July 17, 1990. second: Board Member Trujillo Vote: Nays: Absent: Abstain: Ayes - Johnson, Trujillo, wieqand, Perkins None DuVivier None Board Member DuVivier returned to the meetinq after the vote was taken. Board Member Trujillo stepped down front Item 6A. of interest). (conflict 6. PUBLIC HEARINGS CONTINUED ~ ~E wen: 90-045 DR/~D/EIA APPLICANT: Brookside X LOCATION: Brookside Lane DESCRIPTION: Design Review Modification and Ini tial Environmental Review for a SFR in the rural zone. Item continued from the meetinq of May 8, 1990. ENVIRONMENTAL STATUS: Under Review JO/05/CAB20-1812wp5 (7-2-90/4) 2 . Board Member Wiegand - To approve the project and to adopt the resolution with the condition that the applicant mitigate the height of the rear sloping with landscaping and a reduction of the rear retaining wall to a height of "feet. The applicant will need to return to the community Advisory Board with a landscape plan to be approved. Motion: second: Board Member Duvivier Ayes - wiegand, Duvivier, Johnson Nays - Perkins Absent - Trujillo Abstain - None vote: Board Member Trujillo returned to the meeting after the vote was taken. .\ DESCRIPnON: \ \ ENVIRONKENT~ STATUS: \ Exempt per CEQA section 15303, e. \ Board Member Truj illo - To return to the next community Advisory Board meeting on June 19, 1990 with a resol~ion for approval. The approval will be contingent ~pon there being an adequate septic .\ system for the .ccessory apartment. Board Member wiega~~ 7. A. E NUMBER: APP~~CANT: LOCAT~N: . Motion: Second: 90-044 MIN Benjamin Anguiano 471 "E" Street Minor Use Permit proposal for legalization of one existing accessory apartment in the RR-2 Zone. .\ Ayes - Trujillo, Wiega~d, Nays - Johnson Absent - None Abstain - None vote: B. CASE NUMBER: APPLICANT: . LOCATION: Duvivier, Perkins \. 90-053 TPM/EIA \ \ Olivenhain Farms \ .\ . ',\ East of Brooks1de Lane, South of camino Del Rancho and Lone Ja~ Road JO/05/CAB20-1812wp5 (7-2-90/4) 3