1987-15 1411 Tennis Club DrRESOLUTION NO. PCS7-X5
A RESOLUTION OF THE PL~ING CONNSSION
APPROVING MODIFICATION OF M.~.JOR USE PERMIT P85-025
APPROVING A CIVIC USE FOR PROPERTY LOCATED AT
~41L TENNIS CLUB DRIVE KNOWN AS:
PARCEL 2, PALOI~RES HEIGHTS OF PARCEL i~P 2~62
WHEREAS, Encinitas Lodge Building Corporation (Elks) applied
for approval of modification of a Use Permit to allow for
relocation of road improvements and time extension to begin
construction for property located at 1411 Tennis Club Drive; and
WHEREAS, a public hearing was conducted on
application 87-129 MUP MOD on November 2, 1987 by the New
Encinitas Community Advisory Board, and on November 24, 1987 by
the Planning Commission at which time all persons desiring to be
heard were heard; and
WHEREAS, evidence was submitted and considered to include
without limitation:
The application submitted (Attachment A) by Encinitas
Lodge Building Corporation including all plans for
development and other written information, which is
incorporated by this reference as though full setforth
herein; and
The staff's report (Attachment B) dated October 30,
1987, and November 19, 1987 incorporated by this
reference as though fully setforth herein; and
Oral information submitted at the hearing; and
Additional written documentation.
NOW THEREFORE, BE IT RESOLVED by the Planning Commission of
the City of Encinitas that:
PCMR1/PC87-15. RES -1-
The location, size, design and use of the proposed
project is compatible with adjacent uses as the
proposed road improvements will be for an existing road
and that the time extension will allow for a previously
approved project to be built.
The proposed project will not adversely affect the
Encinitas General Plan as the specific use is permitted
by a Use Permit which has already been approved.
The proposed project complies with and will adhere to
all other applicable City codes as represented by the
submitted plans which have been reviewed by the City.
BE IT RESOLVED that the Planning Commission hereby approved
Major Use Permit Modification 87-129 MUP MOD subject to the
following conditions:
ae
Be
Ce
Prior to obtaining any building or other permit pursuant to
this approval and prior to commencement or construction or
use of the property in reliance on this approval, the
applicant shall:
Submit detailed and complete development plans for the
project to the Community development Department for
verification.
No grading or removal or deposit of material shall take
place except pursuant to a grading permit issued by the City
Engineer in connection with a building permit; or pursuant
to a concurrence of the Director of Planning and Community
Development Department where no structure is is involved; or
pursuant to an application to the Community Development
Department, that has been approved by the Director, to do
minor grading, where no grading permit is required; or to a
concurrence of the Director of Planning and Community
Development Department where a building permit will be
issued at a later date.
Prior to any occupancy or use of the premises pursuant to
this approval, the applicant shall:
Submit a statement from a licensed landscape architect
that all landscaping has been installed as shown on the
approved landscape plan, including the watering system.
Obtain from the Planning and Community Development
Department certification that specified conditions of
the site plan have been met. Final inspection shall
not be performed or permanent clearance of utilities
PCMR1/PC87-15. RE S - 2 -
authorized until the Director of the Planning and
Community Development Department has certified that all
conditions of the subject site plan have been
satisfactorily met.
De
Ail conditions of prior approvals by the Board of Zoning
Administration of the City of Encinitas, the County of San
Diego, and the California Coastal Commission shall be made a
part of this approval by this reference as though fully
setforth herein except for the following:
(a)
Item A.1. of the Conditions established August 1, 1985
by the County of San Diego shall read as follows:
"Execute an irrevocable offer to dedicate real property
for public highway plus slope rights and drainage
easements for Tennis Club Drive from those properties
which Tennis Club Drive is a part of; such property is
also known as the southern 40 feet of the lots where
the existing road easement is located; and for the 20
feet of property owned by the Elks which abutts Tennis
Club Drive."
(b)
Item A.2. of the conditions established August 1, 1985
shall read as follows:
"Execute a secured agreement to improve Tennis Club
Drive from E1 Camino Real to the westerly extension of
Tennis Club Drive adjacent to the subject site (Elk's)
to a graded width of 40 feet with asphalt concrete
dike, 24 feet of asphalt concrete pavement over
approved base; and to install a street light at the
intersection of E1 Camino Real and Tennis Club Drive;
at the satisfaction of the Public works Director of the
City of Encinitas.,,
"These agreements require posting security in
accordance with Section 7613 of the Zoning Ordinance.
It also requires the improvements be completed by 24
months from the date approving the Major Use Permits or
extensions to such permit, or prior to use or occupancy
of the facility, whichever is earlier."
(c)
Item A.3, and A.4 of the conditions established August
1, 1985 by the County of San Diego shall be deleted.
Upon certification by the Director of the Community Development
Department for occupancy or establishment of use allowed by this
site plan, the following conditions shall apply:
Ee
Ail light fixtures shall be designed and adjusted to reflect
light downward, away from any road or street, and away from
any adjoining premises, and shall otherwise conform to
Sections 6322 or 6324 of the Zoning Ordinance.
PCMR1/PC87-15 . RES -3 -
Erosion control devices to prevent or retard erosion and
drainage devices shall be well maintained at all times.
G. The landscaping shall be well maintained at all times.
A Coastal Permit or finding of exemption must be obtained
from the California Coastal Commission prior to building
permit issuance.
This approval expires on November 24, 1989 (two years from
date of approval except where construction or use of the
property in reliance on such approval has commenced prior
to its expiration.) If construction and use of the property
in reliance on approval has not commenced within the two
year period, said period may be extended by the New
authorizing agency at any time prior to the original
expiration date.
PASSED AND ADOPTED this 24th day of November, 1987, by the
following vote, to wit;
Ayes:
Nays:
Abstain:
Absent:
Reed, Bagg, Hirsch, Hano, Fernald
None
None
None
J,a~es Hi~sch, CHAIRMAN of
Pi~nning Commission
c~f the City of Encinitas
the
ATTEST:
/ -ridk ~rD~Y?ecretary
PCMR1/PC87-15 . RES -4-