1991-05
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RESOLUTION NO. OL-91-005
A RESOLUTION OF OLIVENHAIN COMMUNITY ADVISORY BOARD
APPROVING A DESIGN REVIEW PERMIT (91-013-DR)
FOR PROPERTY LOCATED ON PORTION OF LOTS 3 AND 4
IN SECTION 8, TOWNSHIP 13 SOUTH, RANGE 3 WEST,
SAN BERNARDINO BASE AND MERIDIAN, AND AS
FURTHER DESCRIBED IN ATTACHMENT "A"
WHEREAS, Olivenhain Farms, submitted a Design Review Permit
application as required by the city of Encinitas Municipal Code,
Chapter 23.08 Design Review,
for the review of the design and
grading necessary to construct a bridge over the drainage course
as a private road on the approved Tentative Parcel Map 90-053-
TPM/EIA; and
WHEREAS, public hearings were conducted by the Olivenhain
Community Advisory Board on March 5, and March 19,1991 as required
by law,
and all persons desiring to be heard were heard.
WHEREAS,
evidence was submitted and considered to include
without limitation:
a.
Blue line elevations of the bridge and retaining walls,
the bridge portion of the grading plan, and bridge
section drawing dated received by the City of Encinitas
on January 29, 1991.
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 (91-013-DR) dated February 20, and
March 12,1991 which is 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
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Permit
construct a bridge over the drainage course as a private road
for 91-013-DR for the design and grading necessary to
for the approved Tentative Parcel Map 90-053-TPM/EIA is hereby
approved 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
project is consistent with the existing General Plan in
land use allowing one dwelling unit per 2 acres,
requiring that care be given to minimal grading and
offering of recreational trails that connect to the
Recreation Element trails system, 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
proposed bridge construction is designed to accomplish
a bridge over the existing natural drainage course which
is a significant site feature and is designed so as to
provide a smooth transition from the lower western
topography on the site to the higher topography on the
eastern portion of the site by the use of contour
grading. The bridge has been designed with a rural
character of low open wooden railings with concrete
supports covered with rock facing.
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 the natural environment through
natural colors and materials, and a rural design.
BE IT ALSO RESOLVED, that the Design Review Permit is approved
with the following conditions:
A.
This approval will expire in two years, on March 19,
1993, at 5:00 p.m. unless the conditions have been met
or an extension has been approved by the Authorized
Agency.
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B.
C.
The project is approved 'as submitted on the blue line
elevations of the bridge and retaining walls, the bridge
portion of the grading plan, and bridge section drawing
dated received by the city of Encinitas on January 29,
1991, and shall not be changed without review' by the
Community Advisory Board, except that the openings
between the wooden railings may be narrowed in the final
design sufficiently to prevent a small child from falling
through the open space between the railings meeting the
minimum railing standards of the Uniform Building Code,
without re-review by the Board.
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'
vehicles and any heavy equipment needed for the
construction of the project.
Fire Prevention
D.
Prior to final approval, 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.
E.
The bridge must be engineered to support the load of fire
apparatus. Clear width shall be 24' mimimum.
Enqineerinq
Plans for the bridge including calculations must be
submitted prior to final approval.
Buildinq
F.
G.
Detailed construction plans and calculations prepared by
a civil engineer are required and will be reviewed when
submitted to the building department for plan check.
Planninq
H.
This approval may be appealed to the authorized agency
within 15 calendar days from the date of this approval.
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I.
J.
Nothing in this permit shall relieve the applicant from
complying with the conditions and regulations generally
imposed upon activities similar in nature to the activity
authorized by this permit.
Approval of this request shall not waive compliance with
any sections of the zoning Development Code and all other
appl icable ci ty Ordinances in effect at the time of
Building Permit issuance unless specifically waived here.
K.
The landscape is approved as shown on the plans submitted
on August 16, 1990 and revised at the meeting of
Septembe~ 4, 1990.
The property owner shall record a covenant in the office
of the County Recorder agreeing to hold the city harmless
for claims that are alleged to have arisen, directly or
indirectly, from any accidents associated with the bridge
on the private property or the plans, design,
construction or maintenance of the bridge excluding the
recreational trail if it is located on the bridge itself
rather than on the south side of the bridge.
L.
M.
The design of the bridge is approved as submitted, and
shall be in compliance with all City Codes at the time
of plan check submittal. If in the final analysis of the
working drawings it is determined that significant
changes to the design or grading are necessary, this
project shall return to the Board for a Design Review
Modification application review.
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PASSED AND ADOPTED
this 19th day of March,
1991, by the
following vote, to wit: '
AYES:
NAYS:
ABSENT:
ABSTAIN:
ATTEST:
Boardmembers Post, Perkins, Schafer, DuVivier, and Van
Slyke
None
None
None
CHUCK DU VIVIER, Chairman of
the Olivenhain Community
Advisory Board
LIN A S. NILES,
Associate Planne~
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