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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)