1992-07
.
.
.
RESOLUTION NO. OL-92-07
A RESOLUTION OF THE OLIVENHAIN
COMMUNITY ADVISORY BOARD APPROVING A DESIGN REVIEW
PERMIT AND VARIANCE FOR A TENNIS COURT
TO ENCROACH INTO THE FRONT YARD SETBACK BY 22'
FOR PROPERTY LOCATED AT 3660 DOVE HOLLOW ROAD
(CASE NO.: 92-021 DR/V)
WHEREAS, Robert and Jane Bell applied for a Design Review
permit and Variance for a tennis court with a 12'
fence with
landscaping to encroach 22' into the 30' front yard setback for
property located at 3660 Dove Hollow Road and legally described as:
That portion of the northeast quarter of the southeast
quarter of the southeast quarter of Section 5, township
13 south, range 3 west, San Bernardino base and meridian,
in the County of San Diego, State of California,
according to United States survey.
WHEREAS, A public hearing was conducted on the application by
the Olivenhain Community Advisory Board on March 3, 1992, and all
persons desiring to be heard were heard; and
WHEREAS,
evidence was submitted and considered to include
without limitation:
a.
Plans submitted with the application and dated received
by the City on February 12, 1992;
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 report dated February 28, 1992, 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 Encini tas that the Design Review
Permit and Variance for Case #92-021 DR/V is hereby approved in
accordance with the following findings:
JO/03/CROll-891WP511(2/27/92-1)
.
.
5.
6.
7.
.
(See Attachment "A")
BE IT FURTHER RESOLVED, that the Design Review Permit and
Variance Request are approved subject to compliance with the
following conditions:
1.
The project is approved as described on the plans received by
the City on February 12,1992, which includes landscaping, and
shall not be altered without Community Advisory Board approval
or as provided by Municipal Code.
A plan shall 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.
2.
3.
The tennis court fence will be brown coated chain link with a
maximum height of 12' from finished grade. Court size is 60'
x 120'.
4.
Recreational lighting is prohibited on the tennis court
pursuant to the City of Encinitas Ordinance 89-37 establishing
outdoor lighting regulations for the Olivenhain Community
Advisory Board Jurisdictional Area.
The applicant shall request final planning review of the
tennis court fence two weeks in advance, and staff will
schedule a site inspection date for final inspection and
approval of the construction of the tennis court fence and the
planting of the required landscaping.
NOTE: If drought conditions prohibit irrigation of
landscaping, the applicant shall ensure the future placement
of landscaping by recordation of a covenant against 'the
property. Security for the landscaping may also be required.
Fire Prevention District:
Fire Prevention District
following condition:
The applicant shall contact the
to assure compliance with the
a.
Access Roadways: The clear and unobstructed paved width
of a fire access roadway shall not be less than twenty-
four (24') feet. EXCEPTION: A roadway providing access
to a single family residence shall not be less than
sixteen (16') feet in paved width.
Automatic Fire Sprinkler System: The structure shall be
protected by an automatic fire sprinkler system.
b.
JO/03/CROll-891wp512(2/27/92-1)
.
.
Sprinkler systems shall be installed to the satisfaction
of the Fire District.
c.
Combustible Materials: Prior to the delivery of
combustible materials on site, water and sewer systems
shall satisfactorily pass all required tests and be
connected to the public water and sewer systems. In
addition, the first lift of asphalt paving shall be in
place to provide a permanent all weather access for
emergency vehicles. Said access shall be maintained to
the satisfaction of the Fire District.
d.
Address Numbers: Address numbers shall be clearly
visible from the street fronting the structure. The
height of numbers shall conform to Fire District
Standards. Where structures are located off a roadway on
long driveways, a monument marker shall be placed at the
entrance where the driveway intersects the main roadway.
Permanent numbers shall be affixed to this marker.
e.
Recordation: Prior to final recordation or development
approval, the applicant shall submit to the Planning
Department 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
Fire District.
Public Works DeDartment.
Public Works Department
following conditions:
8.
The applicant shall contact the
to assure compliance with the
Gradinq Conditions
a.
b.
c.
d.
.
The developer shall obtain a grading permit prior to the
commencement of any clearing or grading of the site.
The grading for this project is defined in Chapter 23.24
of the Encini tas Municipal Code. Grading shall be
performed under the observation of a civil engineer whose
responsibility it shall be to coordinate site inspection
and testing to ensure compliance of the work with the
approved grading plan, submit required reports to the
City Engineer and verify compliance with Chapter 23.24 of
the Encinitas Municipal Code.
No grading shall occur outside the limits of the PROJECT
unless a letter of permission is obtained form the owners
of the affected properties.
All newly created slopes within this project shall be no
steeper than 2:1.
JO/03/CROll-891wp513(2/27/92-1)
.
.
b.
c.
e.
A soils/geological/hydraulic report (as applicable) shall
be prepared by a qualified engineer licensed by the state
of California to perform such work prior to building
permit issuance; or at first submittal of a grading plan.
Prior to hauling dirt or construction materials to any
proposed construction site within this project the
developer shall submit to and receive approval from the
City Engineer for the proposed haul route. The developer
shall comply with all conditions and requirements the
City Engineer may impose with regards to the hauling
operation.
f.
Drainage Conditions
a.
The developer shall exercise special care during the
construction phase of this proj ect to prevent any offsi te
siltation. The developer shall provide erosion control
measures and shall construct temporary disiltation/
detention basins of type, size, and location as approved
by the City Engineer. The basins and erosion control
measures shall be shown and specified on the grading plan
and shall be constructed to the satisfaction of the City
Engineer prior to the start of any other grading
operations. Prior to the removal of any basins or
facilities so constructed the area served shall be
protected by additional drainage facilities, slope
erosion control measures and other methods required or
approved by the City Engineer. The developer shall
maintain the temporary basins and erosion control
measures for a period of time satisfactory to the City
Engineer and shall guarantee their maintenance and
satisfactory performance through cash deposit and bonding
in amounts and types suitable to the City Engineer.
A drainage system capable of handling and disposing of
all surface water originating within the project, and all
surface waters that may flow onto the project from
adjacent lands, shall be required. Said drainage system
shall include any easements and structures as required by
the City Engineer to properly handle the drainage.
Concentrated flows across driveways and/or sidewalks
shall not be permitted.
street Conditions
a.
.
Reciprocal access and maintenance and/or agreements shall
be provided ensuring access to the site over private
roads, drives or parking areas and maintenance thereof to
the satisfaction of the Director of Public Works.
JO/03/CROll-891wp514(2/27/92-1)
.
.
9.
10.
.
11.
12.
13.
14.
15.
.
utilities
a.
The developer shall comply with all the rules,
regulations, and design requirements of the respective
utility agencies regarding services to the project.
The developer shall be responsible for coordination with
S.D.G. & E., Pacific Telephone, and Cable TV authorities.
b.
c.
All proposed utilities within the project shall be
installed underground including existing utilities unless
exempt by the Municipal Code.
d.
The developer shall be responsible for the relocation and
undergrounding of existing public utilities, as required.
If private sewer will serve this development, then a
maintenance agreement must be executed before recordation
of the Final Map.
e.
Buildinq Department. Submit complete drawings and
construction plans and details to the Building Department for
plan check review to determine compliance to Uniform
Construction Code Standards.
This approval may be appealed to the Planning Commission
within 15 calendar days from the date of this approval.
In the event that any of the conditions of this permit are not
satisfied, the Planning and Community Development Department
shall cause a noticed hearing to be set before the authorized
agency to determine why the ci ty of Encini tas should not
revoke this approval.
Upon a showing of compelling public necessity demonstrated at
a noticed hearing, the City of Encinitas, acting through the
authorized agency, may add, amend, or delete conditions and
regulations contained in this permit.
Approval of this request shall not waive compliance with any
sections of the Zoning Code and al~ other applicable City
Ordinances except as permitted by this approval.
The applicant shall cause to be recorded a covenant regarding
real property which sets forth this grant of approval. The
covenant shall be in form and content satisfactory to the
Director of Planning and Community Development.
This approval is valid for two years, to expire on March 3,
1994, unless prior to that time the applicant has obtained a
building permit and has performed substantial construction in
reliance on this permit.
JO/03/CROll-891wp515(2/27/92-1)
.
.
.
BE IT FURTHER RESOLVED by the Olivenhain Community Advisory
Board of the City of Encinitas that:
This project was found to be exempt from Environmental Review
per Section 15303 (e) of CEQA;
PASSED AND ADOPTED this
3rd day of March,
1992,
by the
following vote, to wit:
AYES:
Van Slyke, Kitnick, Schafer, Mazanec, Bode
NAYS:
None
ABSENT:
None
ABSTAIN:
c;¡¿ V?4 -
Bryan R. Schafer, Chairman of the
Olivenhain Community Advisory
Board of the City of Encinitas
None
ATTEST:
Cut b (2. .eM ~
Craig R. Olson
Assistant Planner
JO/03/CROll-891wp516(2/27/92-1)
.
.
.
ATTACBKENT A
Olivenhain community Advisory Board
RESOLUTION MO. OL-92
CASE NO. 92-021 DR/V
I.
Findings for Design Review
(Section 23.08.076 Municipal Code)
23.08.072 Regulatory Conclusions - Generally
A.
The project design is consistent with the General Plan,
a Specific Plan or the provisions of the Municipal Code.
B.
The project design is substantially consistent with the
Design Review Guidelines.
C.
The project will not adversely affect the health, safety
or general welfare of the community.
The proj ect would not tend to cause the surrounding
neighborhood to depreciate materially in appearance or
value.
D.
Facts: The proposal is for a 60X120 tennis court with a
12' high perimeter fence. Landscaping and natural
colored coating from the fencing is to be used.
Discussion:
This approval is based upon the finding that the proposal
is in substantial compliance with the City's Design
Review Guidelines and Technical Development Standards.
None of the regulatory conclusions contained in Chapter
23.08 of the City of Encinitas Municipal Code can be made
since tennis courts are an appropriate accessory use in
a single family residential development, the tennis court
fence presence will be mitigated with brown coating and
landscaping, the tennis court will not negatively impact
the welfare of the surrounding neighborhood, and the
tennis court will add value to the property.
Conclusion: Therefore, the project is consistent with
the Design Review guidelines and is to be integrated into
the rural residential character of the surrounding
neighborhood.
JO/03/CROll-891wp517(2/27/92-1)
.
II.
FINDINGS FOR VARIANCE
(Section 30.78.030D Municipal Code)
A.
Any variance granted shall be subject to such conditions
as will assure that the adjustment thereby authorized
will not constitute a grant of special privileges
inconsistent with the limitations upon other properties
in the vicini ty and zone in which such property is
situated.
Facts: The project will not grant special privileges
inconsistent with the limitations upon other properties
in the vicinity and zoning district of the area.
Discussion: The proposed tennis court encroachment will
allow the structure to better accommodate the constraints
of the site and will not be a special privilege. Many
rural lots have uneven sloping which means that
construction can be better placed on flatter portions of
the land. Meeting the entire front yard setback would be
a hardship and dramatically alter the property.
Conclusion: Therefore, special privileges are not being
granted that are inconsistent with the limitations of
other properties.
.
B.
A variance will not be granted for a parcel of property
which authorizes a use or activity which is not otherwise
expressly authorized by the zoning regulation governing
the parcel of property.
Facts: Tennis courts are authorized in the zoning code
in low density residential zones with Design Review.
design Review is done to mitigate the presence of the
tennis court. This usually occurs with landscaping and
earth tone colored fencing.
Discussion: A tennis court on the Dove Hollow Road
property would be in an exclusive rural area and
compatible with the sizable single family residential lot
which is typical in Olivenhain. There is ample room for
a tennis court to be constructed and mitigated with lush
landscaping in the RR Zone (.26-.5 du/ac).
Conclusion: Therefore, the variance for the tennis court
would not authorize a use or activity that is
inconsistent with the zoning regulations since these
types of accessory structures are allowed in the RR Zone.
C.
No variance shall be granted if the inability to enjoy
the privilege enjoyed by other property in the vicinity
and under identical zoning classification:
.
JO/03/CROll-891wp518(2/27/92-1)
.
.
.
1.
Could be avoided by an alternate development plan;
which would be of less significant impact to the
site and adjacent properties than the project
requiring a variance.
2.
Is self-induced as a result of an action taken by
the property owner or the owner's predecessor;
3.
Would allow such a degree of variation as to
consti tute a rezoning or other amendment to the
zoning code; or
Would authorize or legalize the maintenance of any
private or public nuisance.
Facts: The proposal is to encroach 22' into the 30'
required front yard setback with a tennis court in the RR
Zone. The property has a lot size of 2.68 acres and is
currently vacant with native vegetation. A single family
development is proposed. There is an approximate slope
of 7 % that runs downward from the north to the south
(front) portion of the lot.
4.
Discussion: The variance request does not constitute a
rezoning, nuisance, nor is itself induced. An alternate
plan could have been submitted that does not require the
amount of encroachment proposed. However, this would
translate into extensive grading into the back of a
hillside that exists on the property. It would also lead
to more visual impact with a higher elevation and
excessive degradation of the natural environment on the
property. The area within the front setback would be a
more rational location with its flatter topography and
lower elevation.
Conclusion: Therefore, the tennis court location in the
front yard setback area would be more sensitive to the
topography of the land with less alteration of the
existing sloping of the site and will preserve more of
the natural environment.
JO/03/CROll-891wp519(2/27/92-1)