1987-27
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RESOLUTION NO. C-87-027
A RESOLUTION OF THE CARDIFF-BY-THE-SEA
COMMUNITY ADVISORY BOARD APPROVING A
DESIGN REVIEW PERMIT FOR PROPERTY LOCATED AT
1368 OLD HIGHWAY 101, CARDIFF-BY-THE-SEA
WHEREAS, Norman Collins applied for- a Design Review/Site
Plan
permit
for grading and drainage as required in Chapter
23.08
Design
Review,
city
Encinitas
Zoning
of
the
of
Ordinance;
WHEREAS,
public
hearings
conducted
on
the
were
application
by the Cardiff-by-the-Sea community Advisory Board
on september 16, and November 9, 1987 and all persons desiring
to be heard were heard; and
WHEREAS, evidence was submitted and considered to include
without limitation:
a.
site plan 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 (S87-011) dated September 16, and
November 9, 1987 which are on file in the Department
of Planning and Community Development; and
Additional written documentation.
b.
c.
d.
e.
NOW THEREFORE, BE IT RESOLVED by the Cardiff-by-the-Sea
community Advisory Board of the City of Encinitas that the
Design
Review
permit
grading
drainage
the
and
for
and
associated Negative Declaration (Log #87-7-6)
for one single
LN/ln/files/051wp (3-16-88)
on one lot is hereby based upon the
family dwelling unit
following findings:
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1.
2.
That the proposed project is in conformance with
the intent of Section 23.08.72 of the Design Review
Ordinance, since the drainage plan, grading plan and
landscape plan were designed to be consistent with
the General Plan, and the Design Review Ordinance,
and not to adversely affect the health, safety, and
general welfare of the public or to cause the
surrounding neighborhood to depreciate materially in
appearance or value; and
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That the proposed project is in conformance with the
intent of section 23.08.74 of the Design Review
Ordinance, since the proj ect design minimizes the
disturbance of the existing topography, protects the
bluff top area, and takes into consideration the
constraints of the site by proposing a draught
resistant landscape plan with no permanent irrigation
system.
BE IT ALSO RESOLVED,
that the Design Review Permit is
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approved
A.
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with the following conditions:
The grading and drainage plan for S87-011 is approved
as submitted and shall not be altered without
Community Advisory Board review and approval.
B.
A covenant shall be filed by Norman Collins with the
County Recorder's Office unconditionally waiving any
claims of liability against the city and agreeing to
indemnify and hold harmless the City and City's
employees relative to the approval referred to
herein, to include the proposed development on the
bluff top lot and any vehicular, bicycle or
pedestrian accidents that may occur as a result of
the proposed development on or off-site. In
addition, Norman Collins shall covenant to remove any
material deposited on the beach from the subject site
at the applicant's cost within 30 days of such
deposit.
LN/ln/files/051wp (3-16-88)
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C~ '
That Norman collins' insure that t.~e grading be in" 0
conformance with the landscape plan for S87-011 to
provide drainage to the street and away from the
bluff. "
D.
That'Norman Collins grant an open space easement over
the property for that portion of the lot between the
north and south property lines for a distance of 25'
east of the bluff.
E.
That Norman Collins return within 60 days to the
Department of planning and community Development with
a more detailed landscape plan calling out the exact
type, size and location of the planting proposed to
the Cardiff-by-the-sea community Advisory Board for
review.
PASSED AND ADOPTED
this 9th day of November, 1987 by
the following vote, to wit:
AYES: Boardmembers Shannon, Mac Manus, and winkler
NAYS: None
ABSENT: Boardmembers Slater and Hirsch
ABSTAIN: None
Q ~'""- Q - ~~¡;~
RICHARD MAC MANUS, Chairman of the
cardiff-by-the-Sea community
Advisory Board "
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ATTEST:
¡i
LN/ln/files/051wp (3-16-88)
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