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1988-05 8 8 8 RESOLUTION NO. C-088-005 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 permit for landscaping as required in Chapter 23.08 Design Review, of the City of Encinitas Zoning Ordinance; WHEREAS, public hearings conducted on the were application by the Cardiff-by-the-Sea Community Advisory Board on September 16, November 9, December 14, 1987 and January 11, 1988 and all persons desiring to be heard were heard; and WHEREAS, evidence was submitted and considered to include without limitation: a. b. 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, November 9, and December 14, 1987 and January 11, 1988 which are on file in the Department of Planning and Community Development; and Additional written documentation. 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 for landscaping for one single family dwelling unit on one lot at 1368 Old Highway 101, Cardiff-by- the-Sea is hereby approved based upon the following findings: LN/ln/files\052wp (3-16-88) 8 approved 8 D. E. F. 8 1. That the proposed proj ect is in conformance with the intent of Section 23.08.77 of the Design Review Ordinance, since the landscape plan takes into consideration the constraints of the site on the bluff and is composed of draught resistant planting and no permanent irrigation system thereby preserving the natural bluff top features of the site, and an open space easement shall be over the property between the north and south property lines for a distance of 25' east of the bluff. BE IT ALSO RESOLVED, that the Design Review Permit is with the following conditions: A. That Norman Collins insure that the grading be permitted in conformance with the landscape plan to provide drainage to the street and away from the bluff. B. That Norman Collins insure that additional trees be added on the east elevation of the proj ect between the south edge of the structure and the window, and that planters be considered if possible on the east elevation on the exterior of the structure at the second floor. ' C. The landscape plan for S87-011 is approved as submitted and shall not be altered without Community Advisory Board review and approval. That Norman Collins grant open space easement be over on the property for that portion of the lot between the north and south property lines for a distance of 25' east of the bluff. That a covenant shall be recorded by Norman Collins in the County Recorder's Office agreeing to plant and maintain the landscaping called out in the approved landsape plan on file in the Department of Planning and Community Development to a maximum height not to exceed the height of the structure as approved. 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 LN/ln/files\O52wp (3-16-88) ,,~ 8 8 8 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 resul t of the proposed, development on or off-site. In addition, Norman èollins 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. ' :;", h. !" PASSED AND ADOPTED this 11th day of January, 1988 by the following vote, to wit: AYES: Boardmembers Winkler, Mac Manus, Slater, Shannon, & Hirsh NAYS: None ABSENT: None' ABSTAIN: None Q~J-~'~ -- 'U'n1TTS Chairman of the RICHARD MAC 1"UU'lV , . cardiff-by-the-sea commun~ty Advisory Board ATTEST: ~ c5,~ ' 0 ~ 1; A S. ILES, Assistant Planner LN/ln/files\052wp (3-16-88) I