1990-29
.
8
8
RESOLUTION NO.
OL-90-29
A RESOLUTION OF THE OLIVENHAIN
COMMUNITY ADVISORY BOARD APPROVING A DESIGN REVIEW
MODIFICATION PERMIT AND CERTIFYING A NEGATIVE DECLARATION
FOR THE GRADING, LANDSCAPING
AND CONSTRUCTION OF ONE SINGLE FAMILY DWELLING UNIT
(90-103-DR/MOD/EIA) FOR PROPERTY BEING LOT 11
OF BROOKSIDE SUBDIVISION
AND AS FURTHER DESCRIBED IN ATTACHMENT "A"
(COMMONLY KNOWN AS 3246 BROOKSIDE LANE, ENCINITAS)
WHEREAS,
John V.
Freiburg,
applied for a Design
Review
Medification for the grading, landscaping 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
Ci ty of
Encinitas Design Review Ordinance and the Olivenhain
Community Advisory Board Reselution .of appreval (OL-89-006)
for
Pacific Scene Case Ne. 88-265-DR¡ and
WHEREAS, a public hearing was cenducted en the applicatien by
the Olivenhain Community Advisory Beard en jUNE 19, 1990 and all
persens desiring to be heard were heard; and
WHEREAS,
evidence was submitted and censidered to include
witheut limitation:
a.
Si te plan, elevatiens, landscaping and grading plans
dated approved by the CAB on June 19, 1990 submitted by
the applicant;
Written infermatien submitted with the applicatien¡
Oral testimeny frem staff, applicant, and public made a
part of the record at said public hearing¡
CAB staff repert (90-103-DR/MOD/EIA) dated June 13, 1990
which is en file in the office .of Planning and Community
Development; and
Additienal written decumentation.
b.
c.
d.
e.
LN/CAB18-220wp
48
8
8
NOW THEREFORE,
BE IT RESOLVED by the Oli venhain Community
Advisory Board of the City of Encini tas that the Design Review
Modification Permit for 90-103-DR/MOD for Let 11 of the Breokside
subdivision for
1
single
family lot is hereby approved and a
Negative Declaration is hereby Certified subject te the following
findings:
1.
2.
3.
4.
That the preposed project is in conformance with Section
23.08.72 of the Design Review Ordinance, since the
project is consistent with the existing and preposed
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;
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 design that fits the
site as much as possible, and reduced the .overall amount
of grading to retain as much .of the site in its natural
state as possible;
That the propesed project is in confermance with Section
23.08.76 of the Design Review Ordinance, since the
exterior materials fer the project have been coordinated
to be compatible with each other and the surrounding
area, and the proposed structure is cempatible with the
size and scale of other single family structures in the
surreunding neighberheed and it is .of similar or lesser
height;
That the propesed preject is in cenfermance with Section
23.08.077 of the Design Review Ordinance, since the
landscaping proposed will help create privacy fer the
individual lot, draught tolerant planting is being
utilized, graded slopes will be planted to minimize
eresion, and a major portion .of the site is being
retained in its natural tepography; and
5.
That the impact of the prepesed develepment on the site
and the surreunding area is being mitigated by measures
that have been designed into the preject, and as setforth
LN/CAB18-220wp
8
in the Negative Declaration, herein certified, and on
file in the office of Planning and Cemmunity Development.
BE IT ALSO RESOLVED, that the Design Review Permit is approved
with the following conditions:
A.
B.
C.
8
8
The preject is approved as submitted en the elevations and
site plans dated approved by the CAB on June 19, 1990 which
are on file in the Department of Planning and Community
Development, and shall not be altered without Community
Advisory Board review and appreval.
Prier to the City Building Department issuing a final
inspection on framing, the applicant shall provide to the
Department .of Planning and Cemmuni ty Development a survey from
a Civil Engineer as to the building height in confermance with
this Design Review appreval.
That a plan be submitted for approval by the Director of
Planning and Community Development, the City Engineer, and the
Encinitas Fire protectien District prior to issuance of any
permits regarding the treatment of the site during the
constructien phase, and the circulation and parking of
construction workers' vehicles and any heavy equipment needed
for the constructien of the project.
D.
That the landscape plan is appreved with the cendition that
additions be made to the plan te make it more complete and
that the revisions be reviewed and appreved by staff, and as
submitted on the plans dated April 30, 1990 on file in the
Department .of Planning and Community Development.
E.
That recreational trail as approved en the .original Design
Review Case 88-265-DR fer Pacific Scene shall be dedicated and
improved prier to final inspectien and occupancy as shewn on
the landscape and site plans en file in the Department .of
Planning and Cemmunity Develepment.
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
F.
Gradinq Conditions
1.
The owner shall obtain a grading permit prior to the
cemmencement .of any clearing .or grading .of the site.
2.
The grading for this project is defined in Chapter 23.24
of the Encini tas Municipal Cede. Grading shall be
LN/CAB18-220wp
8
8
G.
8
performed under the observation .of a civil engineer whose
respensibility it shall be to coordinate site inspection
and testing te ensure cempliance of the work with the
appreved grading plan, submit required reperts te 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 newly created slopes within this preject shall be no
steeper than 2:1.
5.
A soils/geological/hydraulic repert (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.
6.
Prior to hauling dirt .or censtruction materials to any
proposed censtruction site within this preject the owner
shall submit to and receive approval from the City
Engineer for the proposed haul reute. The owner shall
comply with all conditions and requirements the City
Engineer may impose with regards to the hauling
.operation.
7 .
A separate grading plan shall be submitted and approved
and a separate grading permit issued for the berrow or
dispesal site if leGated within the city limits.
Drainaqe Conditions:
1.
The .owner shall exercise special care during the
construction phase .of this project to prevent any effsite
sil tatien. The owner shall provide erosien centrol
measures and shall censtruct temporary
desiltation/detention basins .of type, size and leGation
as appreved by the City Engineer. The basins and eresien
centrel measures shall be shown and specified en the
grading plan and shall be censtructed to the satisfaction
.of the City Engineer prior to the start of any other
grading operations. Prier te the remeval .of any basins
.or facilities se constructed the area served shall be
pretected by additional drainage facilities, slope
erosion centrol measures and other methods required .or
appreved by the City Engineer. The .owner shall maintain
the temperary basins and eresien centrel measures for a
period .of time satisfactery te the City Engineer and
shall guarantee their maintenance and satisfactery
LN/CAB18-220wp
8
8
.
8
H.
2.
3.
4.
performance threugh cash depesit and bonding in amounts
and types suitable te the city Engineer.
A drainage system capable .of handling and dispesing .of
all surface water originating within the project and all
surface waters that may flow ente the project from
adjacent lands, shall be required. Said drainage system
shall include any easements and structures as required by
the City Engineer to preperly handle the drainage.
Concentrated flows across
shall net be permitted.
driveways
and/er
sidewalks
The drainage system shall be designed to ensure that
runoff resulting from a la-year frequency storm af 6
hours or 24 heurs duration under develeped conditions, is
equal to or less than the runoff frem a storm of the same
frequency and duration under existing developed
condi tions. Both 6 heur and 24 hour storm durations
shall be analyzed to determine the detentien basis
capacities necessary to accomplish the desired results.
Utilities
1.
The developer shall comply with all the rules,
regulatiens and design requirements of the respective
sewer and water agencies regarding services to the
preject.
2.
The owner shall be responsible fer coordination with
S.D.G. & E., Pacific Telephene, Cable TV autherities and
any other utilities applicable.
1.
Fire
1.
Prier te final approval, the applicant shall submit a
letter frem the fire district stating that all
development impact, plan check and/er cost recevery fees
have been paid .or secured te the satisfactien .of the
District.
2.
All changes in zoning, increases in density .or changes in
Fire District cenditiens .of existing or pending tentative
maps may require annexation to the Benefit Assessment
Area.
LN/CABl8-220wp
9
8
.
8
J.
STREETS
1.
A registered Civil Engineer .or a licensed land surveyer
shall provide a signed statement that:
"The existing private roads .of access te the preject are
within the easements for the benefit .of the land
division."
2.
Reciprecal access and maintenance and/er agreements shall
be provided ensuring access to all parcels over private
roads, drives or parking areas and maintenance thereef te
the satisfaction of the Directer of Public Werks.
This appreval shall expire en June 19, 1992 at 5:00 p.m., two
years after the date .of this approval.
PASSED AND ADOPTED
this
19th day .of June,
1990,
by the
following vete, to wit:
AYES:
Boardmembers Jehnsen, Perkins, and DuVivier
NAYS:
Nene
ABSENT:
Beardmembers Wiegand, and Trujillo
ABSTAIN:
None
n
,
\
\
CHARL S DU VIVIER, Chairman .of the
Olivenhain Cemmunity
Advisery Beard
ATTEST:
/' C)
~{ 60 ~ß
~ A S. NILES,
Asseciate Planner;!
LN/CAB18-220wp
10
,....: --- --,~,
~ 1lQUES1E) rt
, : ' 'I' REa'm¡) BY CONTlNErITAl '-'WYERS TITlE.
." ~ WHE~~~«ðËD MAIL THIS DEED AND. UNLESS
. OTt-1ER'NISE SHOWN BELCW, MAIL TAX STATEMENTS TO:
- ~I , I
.jOHN FREIBURG
69l2 Ca~no Pachece
San Diege, Ca. 92111
A~ ",1\77
34
'. JrdlU. IN I
UfFiCll\1. ¡':¡ClJr/[¡'j .
j fir SMJ [)¡¡'(,íJ COLJ!iT y, C,'
cr-.
;1,>1, '
:p I
L--
-.J
I
I
RF
AR
MG
UF
DC
TXPD
SPACE AIOVi THIS LINE FOi RECORDER'S USE
125427 07
Tille Ord~,rNo, , " ~2489
E$Crow or Loan No, .
90 FEB - 7 AM 9: 30
¡VERA L. LYLE., I
L~OUHTY RFCOfHJf.!~
sm~fT
A()OI/E S$
i
3;;"" f., 8 æ:Óf-~/~ ,Lov. '7ù 1.-'f
p~t¿(... -#- J.(..S-... d-.5;' ... 'I Ò .
_i
!
8
THE UNDERSIGN~D GRANTOR(s) DECLARE(s) :
DOCUMENTARY TRANSFER TAX is $ 247.50 , ' "
~ Fomputed on,full valye of preperty c~nveyed. 9C;;,;~./t¡J~~i ' , , ,
J, Fo:nputed en fullva.I~,.Jll,'", ."Ie, ss value of liens or en~~,,',~r9,'Jrr~e~ J~rnoln ng qt time of sale,
r Unincorporated areQ:" x City of ENCINITAS!~ ~~j, " ' " . ana
, i: ' " ":;,!. J
FOR A VALUABLl ÇONSIDERATIO~, rec~jpt of which is herebY.~9q~);~~. '
PACIFIC SCENEI,iINC., A CALIFORNIA CORPORATION, ":,pf.';:;.;'
I ¡ ,"',;I~~~Lkti[; : '
hereby GRANT(S~ to ,', ' """;;";,U:
~: " ,', ,.ì¡ìT\
! ¡JOHN FRE~BURGr,A"M.~RRrEP MAN AS'H¡S ; ~~AND
!! ' ': : SEPARATE PBOPERTYi';ß ,:
I . ' , ." ""'::""'1
the following defri~:~.? r~QI ~rQ~~jnJhe CITY OF ENCt~,~It:i:,'
County of SAN; DIEGQ, State .of California:
PARCEL 1:
.. .
,
I
ENCINITAS, COUNTY OF ¡
NO. 12338, FILED IN THE ¡
1989. I
.
LOT 11 OF C¡TY OF ENCINITAS TRACT NO. 4376, IN TH.E:CITY OF
I""
SAN DIEGO, ST.f\~E OFCALIFO~NI~f~CCORDING TO THF.ì:'~~';~~J:;WJ9f
OFFICE OF THE ¡ ~OtINTY RECORDER, gF SAN DIEGO CO~~¥.,i : ',i;1-ß,
r : ' " ,'v;t: ;';~r"
RESERVING THE~EFRO~,FOR'.t'~Jï; !3~~~FIT OF GRANTO~;\:t~W.QMif!~s.tl,SIVE EA~E¡M~T: IN GROSS
ON, OVER, tINDfR AND ~ÇROSS '.t'Jy\'+', ~ORTIONOF L°'l'~Q,~~,ç~~J3¡::P ON EXHIBI'l' "1\" TO THIS
DEED FOR THE :rQRPOS2'OP CQNSTRQÇ'l'ION, INSTAL~~I.-Q~Hi¡.N,I);';ìMPROVEMENT O~l~:VßLIC TRAILS
Ili ACCORDANC2 ¡ WITH TnE REQUI~NTS OF TnE CIT'¥k'qrY::1::1içp~IT~S, CALIFOR§.;,.. THE
EASEMENT RESF.ì~~¡::D HEREIN INCtUD.E:S, SECONDAR:, RIGH':.~ÞQr;f'A.cçf.:SS, INGRE~~JANJ) ,2GRESS
ACROS 5 '-tOT JLLjASMŸ-==BE"=Î{ÊÃSONABLY' -NEéEŠSARY-":.Fb~"THrcONSTR OCT I ON~', :I~~ AÌ..iA T I ON
AND IMPROVEMENT OF THE PUBLIC TRAILS ON THE EASEMENT, AREA. THE EASEMENT RESERVED
HEREIN SHALL 1ERMINATE UPON ACCEPTANCE BY TH~CITY OF ENCINITAS OF THE IMPROYEMENTS
' ,
MADE BY GRANT~R TO THE PUBLIC TRAILS WITHIN THE ~S~~~T AREA. GRANTOR/SHALL HOLD
GRANTEE HARMLESS FROM AND SHALL INDEMNIFY GRANTEE AG~~NST ANY AND ALL ìAIMS, DEMANDS
COSTS (INCLUDf ~.G ATTORNEY'S FEES), LOSSESS, OBLIGA,., T.' 'I",. O",N,',S" AN" D LIABILITIES ,WHI,CH MAY
BE MADE AGAIN?'!' OR INCURRED BY GRANTEE ARISING OUT, Of OR IN CONNECTION ITH THE USE
BY GRANTOR OF i THE EASEMENT RESERVED HEREIN. ,"
PARCEL 2: : ' , ~
i : , ,
A NON-EXCLUSIVE1 EASE~ç:NT ON ANJ:LOYER COM!10N ~,,¡"QT~.-~S D~rIN~D INT~E DECLARATION
OF COVENANTS, i CONDITIONS AND RE~'1'R¡9';t'¡0~S, 'W1J~(;~:;,,~,~p~(qPL¥J3,";l98~l:AS FILE/PACE
NO. 89-369640 'OF OFFICIAL RECORDS, AND AME~p~~~7RY§f!J?T~E~:'2rt.;J989 AS
FILE/PAGE NO. 18,9-5210140POf¡;'I,ç:¡:~ Rf,:CORDS ~ij,~L' " . ,,~V,*ENDME:N~::OF~ÇQRD1 TO
WHICH REFERENCE IS HEJŒAFTERMADE:, FOR ACCESS ~~;fQSE " .lj,JOYMEN'1.', INGRESS "EGRESS AND
OTHER PERMITTEC USES OF THE AMENITIES LOCATED TIJE.REON; 'SUBJECT TO THE TERMS AND
PROVISIONS OF THE DECLARATION OF COVENANTS, CONDITIONS AijD RESTRICTIONS TO WHICH
REFERENCE IS HEREINAFTER MADE. THIS EASEMENT IS APPURTENANT TO PARCEL 1 ABOVE
DESCRIBED. "r .
\
\
\
PARCEL 3:
,',
AN EASEMENT FOR INGRESS AND EGRESS AND ROAD PURPOSES OVER,,¥'OijG ,'AND, :AC~OSS, THAT
PORTION OF THE WESTERLY 28.00 FEET OF PARCEL 4 OFiPARGELMA~ NO. 9771, IN THE CITY
OF ENCINITAS, :COtINTY OF SAN DIEGO, STATE OF CALIFQRijIA, AS Ji'ILED IN THE OFFICE OF THE
COUNTY RECORD~R OF SAN DIEGO COUNTY, MARCH 6,1980 LYING SOUTHERLY OF THE SOUTHERl,y
SIDELINE OF CAMINO DEL RANCHO (FORMERLY, LONE JACK ROAP) AS SHOWN ON SAID PARCEL MAP
NO. 9771 AND DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO RECORDED SEPTEMBER 17, 1961
AS FILE/PAGE ti°.. 155962 OF OFFICIAL RECORDS.
rT,lOO
MAIL TAX STATEMENTS AS DIRECTED A80~,
8/'
I
¡
,8
.
\ ",- m .
Yì
';", ,
,,' I I '
'" '
,,( , 1
, I
.1
35
, ,',
',' '~\ .
,; ,
TOGE~HER WITH THAT PORTION OF SAID PARCEL 4 LYING~S~~¥ OF THE EASTERLY
LINE OF SAID WES¡t'~RLY 28.00 FEET THEREOF AND SOU'l'HWEST~Y OrJTHE FOLLOWING:
DESCRIBßD LINE: ! ; " ¡', '
I ,
! ! ;;'.' , ' ,
BEGINNING AT A PPINT ON THE SOUTHERLY LINE OFSAIDP~~#"4,,, ,DISTANT THßREON
NORTH 87°02'13" EASt (RECORD NORTH 84°23'53" EAST)6~(?,~[:¡"f~TFROM THE SOUTH-
WESTßRLY COilliER THE~EOF; THENCE NORTH 29°54'45"WEST~'~~.M::.:3.:~:J,"J¡:.ET.TO SAID EASTERLY
LINE OF Ti WESTERL ~ 28.00 FhT OF PARCEL 4. . ¡ ,;t,
GRANTEE, B~ ACCEPTANCE AND RECORDATION OF THIS DEED, EX~RESSLY ACCEPTS, COVENANTS,
:~V E~: ~, C~~: ~,' E; ~F::~~: ~ ~~ ~; :~~:~~~;~" ::, .~,',AL,¡,.,i,.',~" .,:, ,,',.' '..~, ~ " ;",:, " ~:~, ~~ ~ ~~:~ ~ T; ~ ~ ~, /
PAGE NO. ~9-36964P OF OFFICIAL RECORDS, AND AMßNP~~ 1L:'~Ç()JWßD SEPTEMBER 27, 1989
~E:~~:~~'~~'~~O:~5~~~: ~~O~~~~~~~A~C~:~I~~t~~I~¡Þi:~E~~~DA;~ ~~HER,
R~SONABLE, AND' ALL OF WUICH ARE INCORPORATED,Iij ,~HE tlQ,Q:}ijI{.,,;rij~SREFERENCE~ AND
THIS GRANT IS EXPRESSLY CONDITIONED UPON THE PE~O~çJ,~iPrl~uC~ PROVISIONS TO BE
~~~:~~~I6~I~~N~~E~TST~~EU~F~~L~I~:TT;~R~~~iij~~~~~~g¡~S~~N~~~~~ND
DESqRIBED ~HEREIN, TO WHICH THIS DEED IS EXPRESSL1'~" ~~~~."~' ,
DA~EiD:
ft :
1~
4J,;> 1- ff?
, i
j
A,Cl\LlfORNIA
, ~\
i I
I
I '
5T,ATEOFCALlFO~~" }
COUNTY OF ,~ _L--1c::5 0 55:_,
On lh" J I day of j '1 e1.l?</Ýr, in the YŒ IC) ¡r},
bèfore me. the undersi ed. a Nolary Public in and for said County and Slate.
personally app~red 6h tr. and
,-----;1" J!:), 1', e . persùl1ally known lO me (or proved)
[orne on the basis of salis açlQry evidence)lo be l~e~n( f1;hO executed the
wllÌ\lnlOslrumenlas Ja Presidemand . I.L ;::t>Se~oron
bèhalf of the corporation therein named and ackn,¡\\ !edged lO me that the
corporation executed it '
~
,... OFFICIAL lEAL
,.., 'TAMARA L RANEY
~ l'Ubllc:oCIIllarnla
, . . MIdøII Office In
.." .. SIn Di8Iø County
, '. . M)'Comm Exp. Oc:t.16. 1990
, -Þ++
S',"""" (~c:u~~
Notary Public in and for said County and Slate
¡"""
'.
8
PAGE 2 OF 2 PAGES