1999-17
RESOLUTION NO. PC 99-17
A RESOLUTION OF THE CITY OF ENCINIT AS
PLANNING COMMISSION
APPROVING A DESIGN REVIEW PERMIT MODIFICATION
AND A COASTAL DEVELOPMENT PERMIT
FOR THE PLAN 3 RESIDENTIAL DESIGN WITHIN THE
SANDALWOOD SUBDMSIONTO EXCEED THE
26-FOOT STANDARD HEIGHT ENVELOPE TO 26 FEET 10 INCHES
TO THE ROOF RIDGELINE AND 28 FEET 10 INCHES
TO THE TOP OF CHIMNEYS
FOR A 40.4 ACRE PROPERTY LOCATED AT
THE TERMINUS OF WNA GALE, WEST OF VIA CANTEBRIA
(Case No.: 99-109 DR-MOD/CDP
APN:257-030-19,-45,-46,and-65)
WHEREAS, a request for consideration of a Design Review Permit Modification and
Coastal Development Permit was filed by Russ Haley of Shea Homes to allow the Plan 3 structure
within the Sandalwood Subdivision to exceed the 26-foot Standard Height Envelope to 26 feet 10
inches to the roof ridgeline and 28 feet 10 inches to the top of the chimneys in accordanee with
Municipal Code Chapters 23.08 (Design Review) and 30.80 (Coastal Development) and Municipal
Code Section 30.16.01O.B.7.d (Exceed Height Standard) for property located in the R-3 Zoning
District and legally described as:
THE SOUTIlWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 11,
TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE
CITY OF ENCINIT AS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED APRIL
19, 1881, AND AS FURTHER DESCRIBED IN THE GRANT DEED RECORDED AS
DOCUMENT NO. 1997-0238742 ON MAY 22, 1997.
WHEREAS, the Planning Commission conducted a noticed public hearing on the
application on May 13, 1999, at which time all those desiring to be heard were heard; and
WHEREAS, the Planning Commission considered, without limitation:
1. The May 13, 1999 Agenda Report to the Planning Commission with exhibits;
2. The General Plan, Local Coastal Program, Municipal Code, and associated Land
Use Maps;
3. Oral evidence submitted at the hearing;
4. Written evidence submitted at the hearing;
cdlcroIf.99reportsI99-1 O9pcl (5-13-99)
5. Project plans dated received by the City on April 21, 1999, consisting of 20 sheets,
including: (1) Sheet 3.4, Front and Rear Elevation Drawings of the Plan 3a
Structure Addenda; (2) Sheet 3.5, Right and Left Elevation Drawings and the Roof
Plan for the Plan 3a Structure Addenda; (3) Sheet 3.6, Rear and Front Elevation
Drawings with the First and Second Floor Plan for the Plan 3b Structure Addenda;
(4) Sheet 3.7, Right and Left Elevation Drawings and the Roof Plan for the Plan 3b
Structure Addenda; (5) Sheet 3.8, Rear and Front Elevation Drawings with the First
and Second Floor Plan for the Plan 3c Structure Addenda; (6) Sheet 3.9, Right and
Left Elevation Drawings and the Roof Plan for the Plan 3c Structure Addenda; (7)
Sheet 1 of [2], Cover Sheet for the Precise Grading Plan for Thornton Ranch (Lots
72-86); (8) Sheet 2 of 2, Precise Grading Plan for Thornton Ranch (Lots 72-86);
(9) Sheet 1 of 2, Cover Sheet for the Precise Grading Plan for Sandalwood Phase 2;
(10) Sheet 2 of 2, Precise Grading Plan for Sandalwood Phase 2; (11) Sheet 1 of 2,
Cover Sheet for the Precise Grading Plan for Sandalwood Phase 3; (12) Sheet 2 of
2, Precise Grading Plan for Sandalwood Phase 3; (13) Sheet 1 of 2, Cover Sheet for
the Precise Grading Plan for Sandalwood Phase 4; (14) Sheet 2 of 2, Precise
Grading Plan for Sandalwood Phase 4; (15) Sheet 1 of 2, Cover Sheet for the
Precise Grading Plan for Sandalwood Phase 5; (16) Sheet 2 of 2, Precise Grading
Plan for Sandalwood Phase 5; (17) Sheet 1 of 2, Cover Sheet for the Precise
Grading Plan for Sandalwood Phase 6; (18) Sheet 2 of 2, Precise Grading Plan for
Sandalwood Phase 6; (19) Sheet 1 of 2, Cover Sheet for the Precise Grading Plan
for Thornton Ranch Model Site (Lots 11-13); and (20) Sheet 2 of 2, Precise
Grading Plan for Thornton Ranch Model Site (Lots 11-13). Said plans having been
reviewed by the Planning Commission and are on file with the Community
Development Department; and
WHEREAS, the Planning Commission made the following findings pursuant to Section
30.16.010 B.7.d (Exceed the Standard Height Envelope) and Chapter 30.80 (Coastal Development
Permit) of the Encinitas Municipal Code:
(SEE ATTACHMENT "A")
NOW THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Encinitas hereby approves application 99-1 09 DR-MOD/CDP subject to the following conditions:
(SEE ATTACHMENT "B")
BE IT FURTHER RESOLVED that the Planning Commission in its independent
judgment finds that a Mitigated Negative Declaration has been previously adopted for this project
in association with the original subdivision approval (Resolution No. PC 96-17, Case No. 96-028
TMIMUP ID RlEIA).
cdIcroIf:99Ieportsl99-1 O9pcl (5-13-99)
PASSED AND ADOPTED this 13th day of May, 1999 by the following vote, to wit:
AYES: Jacobson, Bagg, Patton, Crosthwaite, Birnbaum
NAYS: None
ABSENT: None
ABSTAIN: None
Aliee Jacobson, C
Encinitas Planning
ATTEST:
- ~~4,<~ ~
Sandra . Holder
Secretary
NOTE: This action is subject to Chapter 1.04 of the Municipal Code which specifies time limits
. for legal challmges.
cdIcroIf:99rcporUI99-1 O9pcl (5-13-99)
ATTACHMENT "A"
Resolution No. PC 99-17
Findings for Design Review
to Exceed the 26-foot Standard Height Envelope
STANDARD: Section 30.16.010.B.7.d of the EneiDitas Municipal Code allows for portions of
a buDding to extend beyond tb.- Standard Height Envelope if. 8OIIIe of the ~igoifkant views
enjoyed by residents of nearby propemes aJ1.' lPaintaiaed, and the building is coapatible in
bulk and mass with buDdiqs on neighboring properties.
Facts: The residential lots are situated approximately 40 feet above the R-ll zoned
property to the west (pacific Serena). The slope separating the project ftom residences to
the west will be preserved as open space. Property to the north is designated for single
family residential development at three dwelling units per acre by the Encinitas Ranch
Specific Plan. This area will be buffered by a recreational trail and the general topography
of the site which is generally located above the subject property. Property to the east and
south are located below the subject property.
Discussion: The average lot size of 16,300 s.f. exceeds the minimum lot size for the R-3
Zone of 14,500 s.l. and the project design will situate the proposed residences in such a way
as not to impact along the boundary of the site due to setbacks and open space easements
along the perimeter of the subdivision. An open space buffer is also provided between the
project and the RR-IIRR-2 zoned property to the south. Views from adjacent residenees
will not be significantly impacted due to the location of the subdivision.
Conclusion: Therefore, the Commission finds that the portions of the structures outside of
the Standard Height envelope maintain some of the significant views enjoyed by residents
of nearby properties, and the buildings are coqlpatible in bulk and mass with buildings on
neighboring properties.
FINDINGS FOR A COASTAL DEVELOPMENT PERMIT
STANDARD: Section 30.80.090 of the Municipal Code provides that the authorized agency
must make the following findings of fact, based upon the information presented in the
application and during the Public Hearing, in order to approve a coastal development
permit:
1. The project is consistent with the eertified Local Coastal Program of the City of Encinitas;
and
2. The proposed development conforms with Public Resources Code Section 21000 and
following (CEQA) in that there are no feasible mitigation measures or feasible al~ves
cdlcroIf:99rep0rts/99-1 09pc 1(5-13-99)
available which would substantially lessen any significant adverse impact that the activity
may have on the environment; and
3. For projects involving development between the sea or other body of water and the nearest
public road, approval shall include a specific finding that such development is in conformity
with the public access and public recreation policies of Section 30200 et. seq. of the Coastal
Act.
Facts: Adherenee to the City's General Plan Policies and Municipal Code Development
Standards addresses Coastal Zone issues. The property is not located between the sea or
other body of water and the nearest public road.
Discussion: The project will not impact any wetland area or other coastal resoW'Ce. The
project is located in an area which would not preclude access to the coastal resoW'Ces of the
City. The project will not substantially impact adversely any sensitive coastal resoW'Ces.
Conclusion: Therefore, the Planning Commission finds the proposed project to be
consistent with the certified Local Coastal Program of the City of Encinitas sinee no
impacts to coastal resoW'CeS are proposed by the project, the project will not impose any
significant environmental impacts, the project site is not located between the sea or other
body of water and the nearest public road, and the project location does not hinder public
access nor public recreational opportunities consistent with Section 30200 et. seq. of the
Coastal Act.
.
çd/c:roIf99rcports 1 09pc.1 (5-13-99)
-
ATTACHMENT"B"
Resolution No. PC 99-17
Project No.: 99-109 DR-MOD/CDP
Applicant: Russ Haley / Shea Homes
Location: Zona Gale, West of Via Cantebria
SCI SPECIÐC CO@mONS:
SC2 This approval will expire on May 13, 200 1 at 5 :00 pm, two years after the approval of this
project, unless the conditions have been met or an extension of time has been approved
pursuant to the Municipal Code.
SC5 This project is conditionally approved as set forth on the application and project plans dated
reeeived by the City on April 21, 1999, consisting of 20 sheets, including: (1) Sheet 3.4,
Front and Rear Elevation Drawings of the Plan 3a Structure Addenda; (2) Sheet 3.5, Right
and Left Elevation Drawings and the Roof Plan for the Plan 3a Structure Addenda; (3)
Sheet 3.6, Rear and Front Elevation Drawings with the First and Second Floor Plan for the
Plan 3 b Structure Addenda; (4) Sheet 3.7, Right and Left Elevation Drawings and the Roof
Plan for the Plan 3b Structure Addenda; (5) Sheet 3.8, Rear and Front Elevation Drawings
with the First and Second Floor Plan for the Plan 3c Structure Addenda; (6) Sheet 3.9,
Right and Left Elevation Drawings and the Roof Plan for the Plan 3c Structure Addenda;
(7) Sheet 1 of [2], Cover Sheet for the Precise Grading Plan for Thornton Ranch (Lots 72-
86); (8) Sheet 2 of 2, Precise Grading Plan for Thornton Ranch (Lots 72-86); (9) Sheet 1
of 2, Cover Sheet for the Precise Grading Plan for Sandalwood Phase 2; (10) Sheet 2 of 2,
Precise Grading Plan for Sandalwood Phase 2; (11) Sheet 1 of 2, Cover Sheet for the
Precise Grading Plan for Sandalwood Phase 3; (12) Sheet 2 of 2, Precise Grading Plan for
Sandalwood Phase 3; (13) Sheet 1 of 2, Cover Sheet for the Precise Grading Plan for
Sandalwood Phase 4; (14) Sheet 2 of 2, Precise Grading Plan for Sandalwood Phase 4;
(15) Sheet 1 of 2, Cover Sheet for the Precise Grading Plan for Sandalwood Phase 5; (16)
Sheet 2 of 2, Precise Grading Plan for Sandalwood Phase 5; (17) Sheet 1 of 2, Cover Sheet
for the Precise Grading Plan for Sandalwood Phase 6; (18) Sheet 2 of 2, Precise Grading
Plan for Sandalwood Phase 6; (19) Sheet 1 of 2, Cover Sheet for the Precise Grading Plan
for Thornton Ranch Model Site (Lots 11-13); and (20) Sheet 2 of 2, Precise Grading Plan
for ThorntOn Ranch Model Site (Lots 11-13). All designated as approved by the Planning
Commission on May 13, 1999, and shall not be altered without expressed authorization by
the Community Development Department.
SCA This approval modifies Design Review Permits 97-144 and 98-073 to aJlow for the Plan 3
residenee to exeeed the 26-foot Standard Height Envelope to 26 feet 10 inches to the roof
ridgeline and 28 feet 10 inches to the tops of chimneys. All conditions of approval
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'",
specified in Resolutions PC 97-54 and PC 98-26 are in full force and effect and shall be
complied with in the development of the subdivision; except as modified herein.
SCB Prior to issuing a final inspection on ftaming, the applicant shall provide a survey from a
licensed surveyor or a registered civil engineer verifying that the building height is in
complianee with the approved plans. For those structures which have been constructed
beyond the framing stage, the eertification shall come before the drywall inspection.
Consideration of the ultimate certified height shall include finished roofing material.
Gl ARD CONDm S:
CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
G2 This approval may be appealed to the City Council within 15 calendar days from the date of
this approval in accordance with Chapter 1.12 of the Municipal Code.
G4 Prior to building permit issuance, the applicant shall cause a covenant regarding real
property to be œcotded. Said covenant shall set forth the terms and conditions of this grant
of approval and shall be of a form and content satisfactory to the Community Development
Director.
G5 Approval of this request shall. not waive compliance with any sections of the Municipal
Code and all other applicable City regulations in effect at the time of Building Permit
issuanee unless specifically waived herein.
G13 The applicant shall pay development fees at the established rate. Such fees may include,
but not be limited to: Permit and Plan Checking Fees, Water and Sewer Serviee Fees,
School Fees, Traffic Mitigation Fees, Flood Control Mitigation Fees, Park Mitigation Fees,
and Fire Mitigation/Cost Recovery Fees. Arrangements to pay these fees sJWl be made
prior to building permit issuanee to the satisfaction of the Community Development and
Engineering Services Departments. The applicant is advised to contact the Community
Development Department regarding Park Mitigation Fees, the Engineering Services
Department regarding Flood Control and Traffic Fees, applicable School District(s)
regarding School Fees, the Fire Department regarding Fire Mitigation/CostRecovery Fees,
and the applicable Utility Dep&1ments or Districts regarding Water and/or Sewer Fees.
DRI Any future modifications to the approved project will be reviewed relative to the findings
for substantial conformance with a design review permit contained in Section 23.08.140 of
the Municipal Code. Modifications beyond the scope described therein may require
submittal and approval of an amendment of the design review permit by the authorized
agency.
DR2 Side and rear elevations and window treatments shall be trimmed and architecturally treated
so as to substantially match the front elevations. This treatment shall be reflected in
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building plans and shall be found satisfactory by the Community Development Department
prior to the issuanee of building permits.
Fl ¡'IRE CONDUION:
CONTACT THE ENCINITAS. FIRE DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDmON:
F13 ADDRESS NUMBERS: Address numbers shall be placed in a location that will allow
them to be clearly visible ftom the street ftonting the structure. The height of the address
numbers shall conform to Fire Department Standards.
cdlcroIf99rep0rts/99-IO9pc 1 (5-13-99)