2004-48
RESOLUTION NO. PC 2004-48
A RESOLUTION OF THE CITY OF ENCINITAS PLANNING COMMISSION
APPROVING A TENTATIVE MAP, DESIGN REVIEW PERMIT, AND COASTAL
DEVELOPMENT PERMIT TO SUBDIVIDE AN EXISTING 2.84-ACRE LEGAL LOT
INTO SEVEN SINGLE FAMILY RESIDENTIAL LOTS WITH ASSOCIATED SITE
IMPROVEMENTS AND PAD GRADING FOR RESIDENTIAL PADS, FOR THE
PROPERTY LOCATED AT 840 BRACERO ROAD
(CASE NO. 03-018 TMmR/CDP; APN: 258-370-52)
WHEREAS, a request for consideration of a Tentative Map, Design Review Permit, and
Coastal Development Permit was filed by John DeWald to allow the demolition of an existing
agricultural greenhouse facility including an existing single family dwelling/office and a subdivision
of a 2.84-acre legal lot into seven (7) single family residential lots with associated site
improvements and pad grading for seven residential pads, in accordance with Section 66474 of the
California Government Code (Tentative Map) and Chapters 23.08 (Design Review) and 30.80
(Coastal Development Permit) of the Encinitas Municipal Code, for the property located in the
Residential (R-3) zoning District, legally described as:
(SEE ATTACHMENT "A")
WHEREAS, the Planning Commission conducted a noticed public hearing on the
application on November 4, 2004, at which tinIe all those desiring to be heard were heard; and
WHEREAS, the Planning Commission considered, without limitation:
1. The November 4,2004 agenda report to the Planning Commission with attachments;
2. The General Plan, Local Coastal Program, Municipal Code, and associated Land
Use Maps;
3. Oral and written evidence submitted at the hearing;
4. Project drawings consisting of three (3) sheets total, including two sheets titled
(Sheet 1 of 2) Tentative Map and (Sheet 2 of 2) Sections and Drainage Exhibit
stamped received by the City of Encinitas on June 25, 2004, and Conceptual
Landscape Plan stamped received by the City of Encinitas on October 27, 2004, and
the Architectural Design Guidelines consisting of seven (7) sheets (8 1/2 xiI)
stamped received by the City of Encinitas on October 27,2004; and
PB:MRH:G:Resos:RPC03.018TMDRCDPll0404
WHEREAS, the Planning Commission made the following findings pursuant to Section
66474 of the California Government Code (Tentative Map) and Chapters 23.08 (Design Review)
and 30.80 (Coastal Development Permit) of the Encinitas Municipal Code:
(SEE ATTACHMENT "B")
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Encinitas hereby approves application 03-018 TM/DR/CDP subject to the following conditions:
(SEE ATTACHMENT "C")
BE IT FURTHER RESOLVED that the Planning Commission, in its independent
judgment, has reviewed the Environmental Initial Study prepared for the project and has determined
that the proposed project will not cause any significant environmental inIpacts, and a Negative
Declaration is hereby adopted in accordance with the provisions of the California Environmental
Quality Act (CEQA). This project will not individually or cumulatively have an adverse effect on
wildlife resources as defined in Section 711.2 of the Fish and Game Code, and, therefore, a
Certificate of Fee Exemption shall be made with De Minimus Impact Findings.
PASSED AND ADOPTED this 4th day of November, 2004, by the following vote, to wit:
A YES: Commissioners Avis, Bagg, Chapo, McCabe, and Snow.
NAYS: None.
ABSENT: None.
ABSTAIN: None.
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Gene, Jlair of the
Encinitas Planning Commission
ATTEST:
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~urphy
Secretary
NOTE: This action is subject to Chapter 1.04 of the Municipal Code, which specifies time limits
for legal challenges.
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ATTACHMENT "A"
Resolution No. PC 2004-48
Case No. 03-018 TMmR/CDP
LEGAL DESCRIPTION
PARCEL I:
THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 13 SOUTH,
RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL
PLAT THEREOF.
EXCEPTING THEREFROM THE EASTERLY 20 FEET THEREOF.
PARCEL 2:
THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 13 SOUTH,
RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL
PLAT THEREOF.
EXCEPTING THEREFROM THE EASTERLY 20 FEET THEREOF AND ALSO
EXCEPTING THE NORTHERLY 260 FEET THEREOF.
PARCEL 3:
A NON-EXCLUSIVE EASEMENT FOR ROAD, PUBLIC UTILITY AND INCIDENTAL
PURPOSES OVER, UNDER AND ACROSS THE FOLLOWING DESCRIBED PROPERTY:
THE EASTERLY 20 FEET OF THE EASTERLY HALF OF THE SOUTHWEST QUARTER
OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 15,
TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY
OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
THE OFFICIAL PLAT THEREOF.
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ATTACHMENT "B"
Resolution No. PC 2004-48
Case No. 03-018 TMmRlCDP
FINDINGS FOR A TENTATIVE MAP
STANDARD: Section 66474 of the California Government Code requires that the
authorized agency approve an application for a Tentative Map unless, based upon the
information presented in the application and during the Public Hearing, the authorized
agency makes any of the following fmdings of fact:
a. That the proposed map is not consistent with applicable general and specific plans as
specified in Section 65451 of tlIe Subdivision Map Act.
Facts: The proposed Tentative Map is to allow the subdivision of approxinIately 2.84 acres
into seven (7) single family residential lots. The subject site is designated for single family
residential use at a density range of 2.01 - 3.0 dwelling units per acre (dulac) on the Land
Use Policy Map of the City of Encinitas General Plan. Additionally, the site is zoned
Residential (R-3) as shown on the City's Zoning Map, which stipulates a mid-range density
of 2.5 dulac and a maximum density of 3.0 dulac. The subject site is located within the
Coastal Zone but is not located within the boundaries of any Specific Plan.
Discussion: Single family residential use is expressly permitted by right in the R-3 Zone.
The project density is consistent witlI the allowable density range of the R-3 zone. As per
Municipal Code Section 30.16.010B2(a), required slope adjustment calculations factor out
half of the area with slopes of 25 to 40% and all of the area with slopes greater than 40%.
However, the subject site is entirely developed with an existing agricultural greenhouse
operation and no natural grade exists with a slope greater than 25%. Therefore, at the
required mid-range density of 2.5 dwelling units per slope adjusted net acre (2.84 acres)
for the R-3 zone, a dwelling unit count of 7.1 is yielded for the project site. The project
proposes a total of seven single family lots, an effective density of 2.46 dwelling units per
slope adjusted net acre, and does not exceed the 2.5 dwelling unit mid-range density
standard permitted in tlIe R - 3 zone.
Conclusion: Therefore, the Planning Commission finds tlIat the proposed map is consistent
with the General Plan subject to the required specific and standard conditions contained in
the approved resolution.
b. That the design or inIprovement of the proposed subdivision is not consistent with
applicable general and specific plans.
Facts: Chapter 24.12 of the Municipal Code sets forth design standards for subdivisions
and Chapter 30.16 of the Municipal Code sets forth technical standards, such as lot width
and depth requirements for the R-3 Zone in which the site is located. As per Section
30.16.101A of the Municipal Code, the required minimum net lot area for the R-3 zone is
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14,500 square feet, the required minimum lot width is 80 feet, and the minimum lot depth is
100 feet. No Specific Plans are applicable to the project.
Discussion: The net lot areas, lot widths, and lot depths have been reviewed and are in
conformance with the standards for the R-3 zone. The project is conditioned to require that
two out of three lots (Lots 1-3) fronting Bracero Road shall incorporate structural designs
of future dwellings that have side-loaded garages with vehicular access taken off the
adjacent applicable panhandle driveway instead of directly off of the Bracero Road right-
of-way. Lot 4 will be accessed directly from Bracero Road by a front yard driveway and
Lots 5-7 are panhandle lots with asphalt driveways extending westward down slope from
Bracero Road to the graded residential pad areas. The 174-foot long panhandle portion of
Lot 7 is 20 feet wide with a 16-foot wide asphalt driveway. Lots 5 and 6 have adjacent 20-
foot wide panhandle portions extending from the pads out to Bracero Road but will utilize a
shared 24-foot wide asphalt driveway centered on the two panhandle portions to minimize
overall project paving.
Conclusion: Therefore, the Planning Commission finds that the design of the proposed
subdivision is consistent with the General Plan.
c. That the site is not physically suitable for the type of development.
Facts: The Tentative Map indicates the conceptual grading to create future building pads
and associated improvements which will adequately accommodate seven single family
residences. An Environmental Initial Study was prepared for the project which determined
that the proposed project will not cause any significant negative environmental impacts and
a Negative Declaration was adopted in accordance with the provisions of the California
Environmental Quality Act (CEQA).
Discussion: The 2.84-acre project site is currently developed with an existing agricultural
greenhouse facility that includes several detached greenhouse structures and one small
single family residence/office. All existing structures on the site will be completely
demolished with the initial grading of the site. Project grading for the seven proposed
residential pads and associated improvements will involve an estimated 2,900 cubic yards
of cut, 5,000 cubic yards of fill, and 2,100 cubic yards of import. The applicant has
worked with members of the neighborhood and Planning and Building Department staff
and followed their recornmendations to minimize fill grading, contour and round all
proposed manufactured slopes, and preserve existing views through the site from
properties adjacent to the east to the greatest extent practicable. The amount of proposed
fill and soil import has been greatly reduced by the applicant from the initial project
design and split-pad elevations were incorporated into the design for Lots 1-4 to more
closely conform to the existing topography of the site. The project proposes building
envelopes which either meet or exceed the minimum setback requirements of the R-3 zone.
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Conclusion: Therefore, the Planning Commission finds that the site is physically suitable
to accommodate the future development of seven single family residences, and that the
subdivision is designed, or has been conditioned, to comply with Municipal Code
development standards.
d. That the site is not physically suitable for the proposed density of development.
Facts: At a mid-range density of 2.5 dulacre, based on the slope adjusted net acreage the
project can develop a total of 7.1 single family residential lots (2.84 x 2.5). Additionally,
based on the net acreage the project results in a density of 2.46 dulac, which is below the
mid-range density of 2.5 dulacre permitted in the R-3 zone. Building envelopes are
established with the project for the future siting of homes on the subject lots. In some
instances, the building envelopes are more restrictive than the setbacks required pursuant to
the Development Standards of the R-3 zone in which the site is located. Homes will be
accommodated within the established building envelopes.
Discussion: The project density, in addition to being within the allowable range for the R-3
zone, is suitable since project design indicates that the single family homes can be
accommodated on the resulting lots with pre-graded pads and each lot's buildable envelope
meets or exceeds the setback requirements of the R-3 zone. The front yard setbacks plotted
on the Tentative Map comply with the minimum 25-foot front yard setback required
within the R-3 zone, however, the structures on Lots 1-4 are currently shown set back 45
feet from the front property lines along Bracero Road. The Architectural Design
Guidelines include a provision that if the future residences are brought forward to
approach the minimum required 25- foot front yard setback, the front setbacks for all the
structures on Lots 1-4 should be offset a minimum of 10 feet (i.e. a residence adjacent to
a residence maintaining a minimum 25-foot front yard setback shall be constructed with a
minimum 35-foot front yard setback. Side yard and rear setbacks are standard at 10 feet
and 25 feet respectively, except where otherwise shown on the Tentative Map.
Conclusion: Therefore, the Planning Commission fmds that the site is physically suitable
for the density of development proposed.
e. That the design of the subdivision or the proposed improvements are likely to cause
substantial environmental damage or substantially or avoidably injure fish or wildlife or
their habitat.
Discussion: The 2.84-acre project site is currently developed with an existing agricultural
greenhouse facility that includes several detached greenhouse structures and one small
single family residence/office. All existing structures on the site will be completely
demolished with the initial grading of the site. The City performed an Environmental Initial
Study which has determined that no significant negative environmental inIpacts would result
from the proposed project design. No sensitive plant or animal species or habitat is located
on or adjacent to the project site.
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Conclusion: Therefore, the Planning Commission, in its independent judgment, has
reviewed the Environmental Initial Study prepared for the project and has determined that
no significant negative environmental inIpacts would result from the proposed project
design and the Negative Declaration was adopted in accordance with the provisions of the
California Environmental Quality Act (CEQA). Pursuant to all applicable legal standards,
the design of the subdivision or the proposed improvements will not result in any significant
adverse enviromnental inIpacts.
f. That the design of the subdivision or the type of improvements is likely to cause serious
public health problems.
Facts: The applicant has submitted "will service" letters to indicate that the Water, Sewer,
and School agencies can provide adequate service and utilities to the project site.
Discussion: No evidence has been submitted to indicate that a serious public health
problem would occur should the Tentative Map be recorded and future residences be
constructed. The applicant submitted a Phase I Environmental Site Assessment and a soil
sampling survey for the proposed project site due to the existing use of the site as an
agricultural greenhouse operation. The Phase I Assessment recommended that no further
environmental investigations were warranted.
Conclusion: Therefore, the Planning Commission finds that the design of the subdivision
can be adequately serviced with necessary utilities and the project will not cause any
serious public health problems.
g. That the design of the subdivision or the type of improvements will conflict with easements,
acquired by the public at large, for access through or use of, property within the proposed
subdivision. In this cOmIection, the authorized agency may approve a map if it finds that
alternate easements, for access or for use, will be provided, and that these will be
substantially equivalent to ones previously acquired by the public. This subsection shall
apply only to easements of record or to easements established by judgment of a court of
competent jurisdiction and no authority is hereby granted to a legislative body to determine
that the public at large has acquired easements through or use of property within the
proposed subdivision.
Facts: The project site is located on the west side of Bracero Road, south of Requeza Street
and north of Melba Road. The subdivision proposes seven residential lots ranging in size
from 14,506 net square feet up to 30,246 net square feet (17,673 net square feet average), all
accessed via private driveways from the existing Bracero Road right-of-way. The project is
conditioned to require that two out of three lots (Lots 1-3) fronting Bracero Road shall
incorporate structural designs of future dwellings that have side-loaded garages with
vehicular access taken off the adjacent applicable panhandle driveway instead of directly
off of the Bracero Road right-of-way. Lot 4 will be accessed directly from Bracero Road
by a front yard driveway and Lots 5-7 are panhandle lots with asphalt driveways extending
westward down slope from Bracero Road to the graded residential pad areas. The 174-foot
long panhandle portion of Lot 7 is 20 feet wide with a 16-foot wide asphalt driveway. Lots
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5 and 6 have adjacent 20-foot wide panhandle portions extending from the pads out to
Bracero Road but will utilize a shared 24-foot wide asphalt driveway centered on the two
panhandle portions to mininIize overall project paving.
Drainage from the project site will be directed towards a proposed grass-lined brow ditch
along the western project boundary that is designed to convey runoff off site through existing
and proposed drainage easements tlIat ultimately lead to an existing curb outlet on Nardo
Road west of the site. Off-site drainage improvements, including construction of a storm
drain pipe and a concrete-lined swale, would be necessary to convey project runoff through
tlIe drainage easements. Proposed street inIprovements along the western side of Bracero
Road include concrete curb, gutter and sidewalk inIprovements for the length of tlIe project
frontage and half-street removal and replacement of existing asphaltic street paving. Sewer
service for Lots 1-4 will be provided from an existing 8-inch sewer line in the Bracero Road
right-of-way and sewer service for Lots 5-7 will be provided from an existing 8-inch sewer
line within an existing 10-foot sewer easement along the site's western property line.
Discussion: The Tentative Map as conditioned will provide adequate access to each of the
seven residential lots in conformance with City standards. All otlIer known easements for
utilities or access are indicated on the Tentative Map and will remain or be relocated for
access to public utilities. The design of tlIe Tentative Map will not conflict with any
easements for utilities or roadways. The Tentative Map has been conditioned to require all
access easements and utilities to be shown on the Final Map in accordance with City
standards and the servicing utilities' requirements.
Conclusion: The Planning Commission finds that the design of the subdivision and future
improvements will not conflict with any public easements nor hinder access to, or the use of,
property within the proposed subdivision.
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FINDINGS FOR DESIGN REVIEW
STANDARD: Section 23.08.072 of the Encinitas Municipal Code provides that an application
for a design review permit must be granted unless, based upon the information presented in
the application and during the Public Hearing, the authorized agency makes any of the
following regulatory conclusions:
a. The project design is inconsistent with the General Plan, a Specific Plan, or the provisions of
the Municipal Code.
Facts: The subject site is located within the R-3 Zone but does not lie within the boundary
of any Specific Plan. The application's Design Review Permit request is for the proposed
grading and landscape improvements associated with the seven residential pads and to
authorize proposed Architectural Design Guidelines and building envelopes. The project
proposes no new residential structures as the applicant's intent is to develop the seven
resulting lots with custom single family dwellings with associated private landscaping
improvements or to sell the vacant building lots in bulk to a builder or individually as part of
a Lot Sale Program. A separate Design Review Permit will be required if the future
residences do not meet the City's definition of custom home development as stipulated in
Section 23.08.030B70fthe Municipal Code.
Discussion: Project grading for the seven proposed residential pads and associated
improvements will involve an estimated 2,900 cubic yards of cut, 5,000 cubic yards of
fill, and 2,100 cubic yards of import. The applicant has worked with members of the
neighborhood and Planning and Building Department staff and followed their
recommendations to minimize fill grading, contour and round all proposed manufactured
slopes, and preserve existing views through the site from properties adjacent to tlIe east to
tlIe greatest extent practicable. The amount of proposed fill and soil import has been
greatly reduced by the applicant from the initial project design and split-pad elevations
were incorporated into tlIe design for Lots 1-4 to more closely conform to the existing
topography of tlIe site. In order to address tlIe bulk and tlIe scale of the project and to
preserve existing view corridors through the site from properties adjacent to tlIe north and
east, building envelopes and Architectural Design Guidelines were established for the
project.
The building envelopes as proposed create setbacks in conformance or more restrictive
than the minimum setbacks required for the R-3 zone. The front yard setbacks plotted on
tlIe Tentative Map comply with the minimum 25-foot front yard setback required within
tlIe R-3 zone, however, tlIe structures on Lots 1-4 are currently shown set back 45 feet
from the front property lines along Bracero Road. The Architectural Design Guidelines
include a provision that if the future residences are brought forward to approach tlIe
minimum required 25-foot front yard setback, the front setbacks for all the structures on
Lots 1-4 should be offset a minimum of 10 feet (i.e. a residence adjacent to a residence
maintaining a minimum 25-foot front yard setback shall be constructed witlI a minimum
35-foot front yard setback. Side yard and rear setbacks are standard at 10 feet and 25 feet
respectively, except where otherwise shown on the Tentative Map. Additionally, the
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Architectural Guidelines establish criteria which relate to and limit the building massing
and scale.
Conclusion: Therefore, the Planning Commission finds that project design is consistent
with tlIe General Plan and all applicable provisions of the Municipal Code.
b. The project design is substantially inconsistent with the Design Review Guidelines.
Facts: The Design Review Permit request is for the proposed grading and landscape
improvements associated witlI tlIe seven residential pads and to authorize specific
Architectural Design Guidelines and building envelopes. The applicant is proposing
custom homes for the project at this time. However, in order to address the bulk and the
scale of tlIe project and to preserve existing view corridors through the site from
properties adjacent to the north and east, building envelopes and architectural design
guidelines were established for the project.
Discussion: The Architectural Design Guidelines were established to address view
preservation issues primarily related to the proposed pad elevations of Lots 1-4 and the
corresponding bulk, mass, and overall height of future homes on those lots. The
proposed Guidelines include, but are not limited to: I) specific building envelopes and
setbacks; 2) site grading and drainage; 3) driveway design and width limitations; 4)
maintaining the relaxed coastal character of tlIe surrounding neighborhood in
architectural style and prohibiting non-traditional schemes; 5) prohibiting the repetition
of building elevations and tlIe repetition of material use and colors; 6) the lot coverage
shall be limited to tlIe Municipal Code required maximum of 35 percent and the size of
the building areas on the second floors shall be limited to 75 percent of the ground floor
footprint on Lots I, 3, 4, 5, and 6, and a single story on Lots 2 and 7; 7) building height
restrictions; 8) building mass and fayade treatments; 9) small intersecting roof plane
designs tlIat minimize undivided masses; 10) window and door opening treatments; 11)
exterior lighting criteria; 12) a development phase and post-construction maintenance
obligation; and 13) side-loaded garages accessed via adjacent panhandles instead of
directly from tlIe Bracero Road right-of-way. The Guidelines, as proposed, include
criteria which not only will minimize the bulk and scale of the future residential
structures but will also provide for design diversity which will be compatible with the
existing adjacent residential structures. The Guidelines are supplementary to applicable
Municipal Code standards and where a conflict occurs the most restrictive standard shall
apply.
Conclusion: Therefore, the Planning Commission finds that the project design IS
substantially consistent with the Design Review Guidelines.
c. The project would adversely affect the health, safety, or general welfare oftlIe community.
Discussion: The City has performed an Environmental Initial Study which has determined
tlIat no significant negative environmental impacts would result from the proposed project
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design. No aspect of the use has been identified which would have any significant adverse
effect on the health, safety, or general welfare oftlIe community.
Conclusion: Therefore, the Planning Commission finds that the project will not adversely
affect the health, safety, or general welfare of the community.
d. The project would cause the surrounding neighborhood to depreciate materially In
appearance or value.
Facts: A total of five (5) Citizen Participation Plan Meeting Reports, dated February 26 and
June 20, 2003, and January 26, June 24, and August 27, 2004, were submitted by the
applicant for tlIe proposed project. The submitted reports summarized the information
presented by the applicant and the comments received from tlIose in attendance at each of
the five Citizen's Participation Program (CPP) meetings held by the applicant to discuss the
project design with interested neighbors and City staff. Comments from the initial CPP
meeting held at City Hall on February 20, 2003 centered on concerns regarding drainage
from and to the project site, view preservation, grading and pad elevations, structural bulk
and mass, and compatibility of tlIe project with the existing adjacent greenhouse operation to
the south.
Discussion: Bulk and Mass story poles were installed on the subject site by tlIe applicant to
demonstrate view impact. Subsequently, the applicant held four additional CPP meetings to
revise the project to minimize potential view impact through the site from properties
adjacent to the north and east. Architectural Design Guidelines were incorporated into the
project design, including the proposed plotting of the future residential structures, building
pad heights, and structural height and design oftlIe residences on Lots 1-4. The single-story
home designed for Lot 3 was moved to Lot 2 and Lot 3 was re-plotted witlI a two story
home to accommodate the existing view through the site from the Dohrer residence to the
east at 859 Bracero Road. Additionally, adjustments to tlIe pad height and tlIe design and
height of the proposed residence on Lot 1 were included to accommodate existing views
from the Molina residence to the east at 929 Bracero Road. The height restriction contained
in the Architectural Design Guidelines for Lot I limit tlIe maximum structural height to 20
feet to the plate line and 24 feet for the pitched roof element, as measured from the 277.2
foot pad elevation on the Tentative Map. No evidence has been submitted which shows that
the proposed development will cause material depreciation to the appearance or value of the
surrounding neighborhood.
Conclusion: Therefore, tlIe Planning Commission finds that the project will not cause the
surrounding neighborhood to depreciate materially in appearance or value.
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fiNDINGS FOR A COASTAL DEVELOPMENT PERMIT
STANDARD: Section 30.80.090 of the Municipal Code provides that the authorized agency
must make the following fmdings 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 certified 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 alternatives
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: The Coastal Development Permit is requested for the subject project relative to the
proposed demolition of an existing agricultural greenhouse facility including an existing
single family dwelling/office and the subdivision of 2.84 acres into seven (7) residential lots
with proposed grading for seven residential pads and associated improvements. An
Environmental Initial Study was completed for the project which determined that no
significant negative environmental impacts would result from the proposed project design.
The project site is located within the R-3 zone and the Coastal Zone. The City's General
Plan and Municipal Code are applicable components of the City's Local Coastal Program.
Discussion: Related to Finding No. I, the R-3 Zone expressly allows for single family
homes. The project conforms or is conditioned to conform with all applicable density and
development standards of the R-3 Zone District and the Municipal Code. Related to
Finding No.2, the Environmental Initial Study determined that no significant negative
environmental impacts would result from the proposed project design. Related to Finding
No.3, the subject site is located on the west side of Bracero Road, which is not between the
sea or other body of water and the nearest public road, therefore Finding No. 3 is not
applicable to the subject project.
Conclusion: The Planning Commission finds that 1) the project is consistent with the
certified Local Coastal Program of the City of Encinitas; 2) that there are no feasible
additional mitigation measures or alternatives available which would substantially lessen
any significant adverse inIpact that the activity may have on the environment; and 3)
Finding No.3 is not applicable to the project since it is not located between the sea or other
body of water and the nearest public road.
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Applicant:
Location:
ATTACHMENT "C"
Resolution No. PC 2004-48
Case No. 03-018 TMmR/CDP
John DeWald
840 Bracero Road (APN 258-370-52)
SCI SPECIfiC CONDITIONS:
SC3 Approval of the Tentative Map and all associated permits will expire on November 4,2007
at 5:00 PM, three 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, project drawings
consisting of three (3) sheets total, including two sheets titled (Sheet I of 2) Tentative Map
and (Sheet 2 of 2) Sections and Drainage Exhibit stamped received by the City of Encinitas
on June 25, 2004, and Conceptual Landscape Plan stamped received by the City of Encinitas
on October 27, 2004, and the Architectural Design Guidelines consisting of seven (7) sheets
(8 1/2 xlI) stamped received by the City ofEncinitas on October 27,2004, all designated as
approved by the Planning Commission on November 4, 2004, and shall not be altered
without express authorization by the Planning and Building Department.
SCA The owner shall comply with the following special conditions to the satisfaction of the
Engineering Services Department:
1.
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Storm water runoff from this project shall be routed over onsite landscape areas
prior to ultimately discharging onto Nardo Road. An offsite drainage system shall
be constructed to collect the surface runoff at the southeast corner of APN 258-
370-64. A storm drainpipe shall carry the runoff to the existing storm drain
facility at the corner of Nardo and Melba. The portion of the proposed storm
drain system to be located within the public right -of-way shall be a public system
and shall be designed to the public standard. An alternative drainage system may
be considered and approved at the City Engineer's discretion.
2.
The developer shall provide all-weather vehicular access to the sewer easement at
the project's westerly property boundary.
3.
The developer shall widen Bracero Road for a centerline to curb width of 15 feet
and curb, gutter, and a contiguous 5' wide sidewalk shall be constructed along the
property frontage to Bracero road to the satisfaction of the City Engineer.
4.
This is a priority project for purposes of storm water pollution control. The flow-
based bio-swale proposed along the westerly property boundary shall be a
PB:MRH:G:Resos:RPC03-0 18TMDRCDPll 0404
minimum of 6 feet wide and shall have a maximum longitudinal slope of 2%.
The hydraulics calculations shall demonstrate that a minimum travel time of 9
minutes is maintained for the runoff prior to discharge from tlIe project site. If an
additional drainage system is not provided to carry the runoff generated by a 100-
year storm, the bio-swale shall be designed with adequate capacity for this runoff.
5. Based on a hydrology study prepared by Pasco Engineering, the post-construction
runoff rate will be less than the pre-development condition. Therefore, no
detention basin will be required to mitigate tlIe post-construction flows.
SCB The owner shall comply with the following special conditions to the satisfaction of tlIe San
Dieguito Water District:
14
1.
The subject property is currently being served by a 2-inch water meter. Upon
development, each parcel shall be individually metered. The owner may downsize
the existing 2-inch meter and apply capacity credit toward tlIe installation of new
meters. This shall be done prior to the sale of any lot. All meters that will receive
capacity credit shall be paid for and installed at one time. Prior to Map recordation,
the owner shall provide the San Dieguito Water District with a written statement
indicating which lots will receive capacity credits.
2.
The owner shall install the water system according to San Dieguito Water District
standards and dedicate to the District the portion of the water system which is to be
public.
3.
The owner shall enter into a secured agreement witlI the San Dieguito Water District
prior to Map recordation.
4.
The owner shall dedicate to the San Dieguito Water District all necessary easements
for tlIat portion of tlIe water system which is to be public water.
5.
Water meters shall be located in front of the parcels they are serving and outside any
existing or proposed travel way. Any cost for relocating water meters shall be the
responsibility of tlIe owner.
6.
The owner shall show all existing and proposed water facilities on the inIprovement
plans and grading plans for San Dieguito Water District approval.
7.
The owner shall comply with the San Dieguito Water District's fees, charges, rules
and regulations.
8.
The property frontage along Bracero Road is currently owned by the San Dieguito
Water District. The City of Encinitas is working on the Grant Deeds required in
order to accept the property as City right-of-way. If the granting of the property has
not been completed, the owner shall obtain an encroachment permit for any work on
the San Dieguito Water District property.
PB:MRH:G:Resos:RPC03-0 18TMDRCDPll 0404
SCC To the satisfaction of the Planning and Building Department, the project owner, or future
owners of the seven indiyjduallots if the lots are sold as part of a lot sale program to be
developed as custom homes, shall comply with the standards and design criteria contained
in the Architectural Design Guidelines, consisting of seven (7) sheets (8 1/2 x 11) titled
Protective Restrictions for 840 Bracero stamped received by the City of Encinitas on
October 27, 2004, and attached to this Resolution as Attachment "D". The Guidelines
are supplementary to applicable Municipal Code standards and where a conflict occurs
the most restrictive standard shall apply.
SCD The panhandle lot driveway curbs shown on Section A of the Tentative Map shall be
deleted from the project design on the plans submitted for grading and improvement
permits to the satisfaction of the Planning and Building Department and the Engineering
services Department. Additionally, the structural footprints detailed for each lot on the
Tentative Map are for demonstrative purposes only and shall not be shown on any plans
submitted for review of the Final Map, Grading Plan, or Improvement Plan applications.
SCE Two out of three lots (Lots 1-3) shall incorporate structural designs of future dwellings
that have side-loaded garages with vehicular access taken off the adjacent applicable
panhandle driveway instead of directly off of the Bracero Road right-of-way.
GIST ANDARD CONDITIONS:
CONTACT THE PLANNING AND BUILDING DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITION(S):
M I This approval may be appealed to the City Council within IO calendar days from the date of
this approval pursuant to Chapter 1.12 of the Municipal Code.
G4 Prior to building permit issuance, the applicant shall cause a covenant regarding real
property to be recorded. 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 Planning and Building
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
issuance unless specifically waived herein.
G 10 All retaining and other freestanding walls, fences, and enclosures shall be architecturally
designed in a manner sinIilar to, and consistent with, the primary structures (e.g. stucco-
coated masonry, split-face block or slump stone). These items shall be approved by the
Planning and Building Department prior to the issuance of building and/or grading permits.
G I I All roof-mounted equipment and appurtenances, including air conditioners and their
associated vents, conduits and other mechanical and electrical equipment, shall be
architecturally integrated, and shall be shielded from view and sound buffered to the
15 PB:MRH:G:ReS05'RPC03-018TMDRCDPII0404
satisfaction of the PlamIing and Building Department. Note: All rooftop equipment shall
be assumed visible unless demonstrated otherwise to the satisfaction of the Planning
and Building Department, and adequate structural support shall be incorporated into
building desigu. Rooftop vent pipes shall be combined below the roof, and shall utilize
decorative caps where visible from any point. Ground-mounted mechanical and electrical
equipment shall also be screened through use of a wall, fence, landscaping, berm, or
combination thereof to the satisfaction of the Planning and Building Department. All
exterior accessory structures shall be designed to be compatible with the primary building's
exterior to the satisfaction of the Planning and Building Department.
G 12 Prior to any use of the project site pursuant to this permit, all conditions of approval
contained herein shall be completed or secured to the satisfaction of the Planning and
Building Department.
G 13 The applicant shall pay development fees at the established rate. Such fees may include, but
not be linIited to: Permit and Plan Checking Fees, Water and Sewer Service Fees, School
Fees, Traffic Mitigation Fees, Flood Control Mitigation Fees, Park Mitigation Fees, and Fire
Mitigation/Cost Recovery Fees. Arrangements to pay these fees shall be made prior to Final
Map approval to the satisfaction of the Planning and Building and Engineering Services
Departments. The applicant is advised to contact the Planning and Building 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/Cost Recovery Fees, and the applicable Utility
Departments or Districts regarding Water and/or Sewer Fees.
G 14 A plan shall be submitted for approval by the Planning and Building Department, the
Engineering Services Department, and the Fire Department regarding the security treatment
of the site during the construction phase, the on- and off-site circulation and parking of
construction workers' vehicles, and any heavy equipment needed for the construction of the
project.
G 19 Garages enclosing required parking spaces shall be kept available and usable for the parking
of owner/tenant vehicles at all times.
Ll The project is subject to Chapter 23.26 of the Municipal Code (Water Efficient Landscape
Program), which requires a landscape and irrigation plan to be prepared by a State licensed
landscape designer. The requirements for the plans are listed in Chapter 23.26. The
landscape and irrigation plans must be submitted as part of the building permit application
for the project.
L2 All required plantings and automated irrigation systems shall be in place prior to use or
occupancy of new buildings or structures. All required plantings and automated irrigation
systems shall be maintained in good condition, and whenever necessary, shall be replaced
with new materials to ensure continued compliance with applicable landscaping, buffering,
and screening requirements. All landscaping and irrigation systems shall be maintained in a
manner that will not depreciate adjacent property values and otherwise adversely affect
16 PB:MRH:G:Resos:RPC03.018TMDRCDPll0404
adjacent properties. All irrigation lines shall be installed and maintained underground
(except drip irrigation systems).
L4(a) All landscaping, fences, walls, etc. on the site, in any adjoining public parkways (the area
between the front property line and the street) shall be permanently maintained by the
owner, assigns or any successors in interest in the property. The maintenance program shall
include normal care and irrigation of the landscaping; repair and replacement of plant
materials and irrigation systems as necessary; and general cleanup of the landscaped and
open areas, parking lots and walkways, walls, fences, etc. Failure to maintain landscaping
and the site in general may result in the setting of a public hearing to revoke or modify the
approval. This condition shall be recorded with the covenant required by this Resolution.
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 of an amendment to the design review permit and approval 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
building plans and shall be found satisfactory by the Planning and Building Department
prior to the issuance of building permits.
M2 All project grading shall conform with the approved Tentative Map or Tentative Parcel
Map. In cases where no grading is proposed at the time of the Tentative Map/Tentative
Parcel Map, or in cases where the grading plan later subrnitted is not consistent with the
approved Tentative Map/Tentative Parcel Map, the applicant shall be required to obtain a
design review permit for grading prior to issuance of grading permits.
M4 The property owner/developer shall obtain design review permits through the City for
homes to be constructed on the lots resulting from the approved map, as well as all related
site improvements. If the property owner/developer elects to develop the lots resulting from
the approved final map as custom homesites, the design review permit requirement may be
waived by the PlamIing and Building Department pursuant to Section 23.08.030 (7) of the
Municipal Code. The property owner/developer is advised to contact the Planning and
Building Department at such time as development of the subject property is planned to
determine whether a design review permit will be required. A standard covenant specifYing
this condition shall be recorded in the Office of the County Recorder to give constructive
notice to future purchasers of the site.
Fl FIRE CONDITIONS:
CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITION(S):
F2 ACCESS ROADWAY DIMENSIONS: Fire apparatus access roadways shall have an
unobstructed paved width of not less than 24 feet, curb line to curb line, or edge of
17 PB,MRRG,Resos;RPC03-018TMDRCDPllQ404
pavement to edge of pavement where no curbs are proposed, and an unobstructed vertical
clearance of not less than 13 feet 6 inches. Access roads shall be designed and
maintained to support the imposed loads of fire apparatus. Minimum design load is
65,000 Ibs. EXCEPTION: Access to one (1) single family residence shall not be less
than 16 feet of paved widtlI, curb line to curb line, or edge of pavement to edge of
pavement where no curbs are proposed.
F4 DEAD ENDS: All dead-end fire apparatus access roadways in excess of 150 feet in
length shall be provided with a Fire Department approved turnaround. Access roads
serving more tlIan four (4) dwelling units shall be provided witlI a cul-de-sac. The cul-
de-sac shall have a minimum paved radius of not lees than 36 feet, curb line to curb line,
or edge of pavement to edge of pavement where no curbs are proposed. Alternate types
of turnarounds may be considered by the Fire Marshal as needed to accomplish the
purpose of the Fire Code.
F5 GRADE: The gradient for a fire apparatus roadway shall not exceed 20.0%. Grades
exceeding 15.0% (incline or decline) shall not be permitted without mitigation. Minimal
mitigation shall be the installation of automatic fire sprinkler systems appropriate to the
structures and uses served. The angle of departure and angle of approach of a fire access
roadway shall not exceed 7%.
F6 GATES: All gates or other structures or devices, which could obstruct fire access
roadways or otherwise hinder emergency operations, are prohibited unless they meet
standards approved by the Fire Department. All automatic gates across fire access
roadways shall be equipped with approved emergency key operated switches overriding
all command functions and opening the gate(s). Gates accessing four (4) or more
residences or residential lots, or gates accessing hazardous, institutional, educational, or
assembly occupancy group structures shall also be equipped witlI approved emergency
traffic control activating strobe light sensor(s) which will activate the gate on tlIe
approach of emergency apparatus. All automatic gates must meet Fire Department
requirements for rapid, reliable access.
F7 RESPONSE MAPS: Any development that by virtue of new structures necessitates fire
hydrants, roadways, or similar features, shall be required to provide a map in a format
compatible witlI current Department mapping services, and shall be charged a reasonable
fee for updating all Fire Department response maps.
F8 CONSTRUCTION MATERIALS: Prior to tlIe delivery of building construction
materials to tlIe project site, all of tlIe following conditions shall be completed to the
satisfaction of tlIe Fire Department:
1. All wet and dry utilities shall be installed and approved by the appropriate
inspecting department or agency.
2. As a minimum, the first lift of asphalt paving shall be in place to provide a
permanent all weather surface for emergency vehicles.
18
PB:MRH:G:Resos:RPC03-018TMDRCDPII0404
3. All fire hydrants shall be installed, in service, and accepted by the Fire
Department and applicable water district.
F9 POSTING OR STRIPING ROADWAYS "NO PARKING FIRE LANE": Fire
Department access roadways, when required, shall be properly identified as per Fire
Department standards.
FIO OBSTRUCTION OF ROADWAYS DURING CONSTRUCTION: All roadways shall
be a minimum of 24 feet in width during construction and shall be maintained clear,
including the parking of vehicles, in accordance with the Uniform Fire Code and the
Encinitas Fire Department.
F13 ADDRESS NUMBERS: Address numbers shall be placed in a location that will allow
them to be clearly visible from the street fronting tl1e structure. The numbers shall
contrast with tl1eir background, and shall be no less in height tl1an: Four inches (4") for
single family homes and duplexes; Eight inches (8") for commercial and multi-family
residential buildings; and Twelve inches (12") for industrial buildings.
F14 ADDRESS NUMBERS FOR STRUCTURES LOCATED OFF ROADWAY: Where
structures are located off a roadway on long easements/driveways, a monument marker
shall be placed at tl1e entrance where the easement/driveway intersects the main roadway.
Permanent address numbers with height conforming to Fire Department standards shall
be affixed to this marker.
FI8 CLASS "A" ROOF: All structures shall be provided with a Class "A" roof assembly to
tl1e satisfaction of the Encinitas Fire Department.
E1 ENGINEERING CONDITIONS:
CONTACT THE ENGINEERING SERVICES DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITION(S):
E2 All City Codes, regulations, and policies in effect at the time of building/grading permit
issuance shall apply.
EGl Gradine Conditions
EG3 The owner shall obtain a grading permit prior to the commencement of any clearing or
grading of the site.
EG4 The grading for this project is defined in Chapter 23.24 of the Encinitas 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 Engineering Services Director and
verifY compliance with Chapter 23.24 of the Encinitas Municipal Code.
19 PB:MRH:G:Resos:RPC03-0 18TMDRCDPII0404
EG5 No grading shall occur outside the limits of the project unless a letter of permission is
obtained from the owners of the affected properties.
EG6 A separate grading plan shall be submitted and approved and a separate grading permit
issued for the borrow or disposal site if located within tlIe city limits.
EG7 All newly created slopes within this project shall be no steeper than 2: I.
EG8 A soils/geological/hydraulic report (as applicable) shall be prepared by a qualified
engineer licensed by the State of California to perform such work. The report shall be
approved prior to building permit issuance/at first submittal of a grading plan, as
applicable.
EG9 Prior to hauling dirt or construction materials to any proposed construction site within this
project the owner shall submit to and receive approval from the Engineering Services
Director for the proposed haul route. The owner shall comply with all conditions and
requirements tlIe Engineering Services Director may impose with regards to the hauling
operation.
EG!O In accordance with Section 23.24.370 (A) of the Municipal Code, no grading permit shall be
issued for work occurring between October I st of any year and April 15th of the following
year, unless tlIe plans for such work include details of protective measures, including
desilting basins or other temporary drainage or control measures, or both, as may be deemed
necessary by the field inspector to protect the adjoining public and private property from
damage by erosion, flooding, or the deposition of mud or debris which may originate from
the site or result from such grading operations.
EDI Drainaee Conditions
ED2M The developer shall exercise special care during the construction phase of this project to
prevent any off site siltation. The developer shall provide erosion control measures and shall
construct temporary desiltation/detention basins of type, size and location as approved by
the Engineering Services Director. The basins and erosion control measures shall be shown
and specified on tlIe grading plan and shall be constructed to the satisfaction of the
Engineering Services Director 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 Engineering Services Director. The developer shall maintain the temporary
basins and erosion control measures for a period of time satisfactory to tlIe Engineering
Services Director and shall guarantee their maintenance and satisfactory performance
tlrrough cash deposit and bonding in amounts and types suitable to the Engineering Service
Director.
20
PB:MRH:G:Resos:RPC03-0181MDRCDP110404
ED3M A drainage system capable of handling and disposing of all surface water originating within
the subdivision, and all surface waters that may flow onto the subdivision from adjacent
lands, shall be required. Said drainage system shall include any easements and structures as
required by the Engineering Services Director to properly handle the drainage.
ED5M The owner shall pay the current local drainage area fee prior to approval of the final map for
this project or shall construct drainage systems in conformance with the Master Drainage
Plan and City ofEncinitas Standards as required by the Engineering Services Director.
ES I Street Conditions
ES5 Prior to any work being performed in the public right-of-way, a right-of-way construction
permit shall be obtained from the Engineering Services Director and appropriate fees paid,
in addition to any other permits required.
EUl Utilities
EU2 The owner shall comply with all the rules, regulations, and design requirements of the
respective utility agencies regarding services to the project.
EU3 The owner shall be responsible for coordination with S.D.G. & E., SBC/Pacific Bell, and
other applicable authorities.
EU4 All proposed utilities within the project shall be installed underground including existing
utilities unless exempt by the Municipal Code.
EU6 If private sewer will serve this development, then a maintenance agreement must be
executed before approval of the grading/public improvement/or building permit.
EU7 The design of the division of land shall provide each cable operator an opportunity to
construct, install and maintain, on land identified on the map as dedicated to public utility
use, any equipment necessary to extend cable television services to each residential parcel in
the subdivision. This condition shall not apply to the conversion of existing dwelling units
to condominiums, community apartments, or stock cooperatives.
EU8 Subject to all applicable Federal and State laws, statutes and regulations, in the event of
multiple cable communication operators desiring to serve new residential developments in
which the electric power and telephone utilities are underground, the following procedure
shall apply with respect to access to and utilization of underground easements:
(a) The developer shall be responsible for contacting and surveying all
franchised cable operators to ascertain which operators desire to provide
cable television service to the development. The developer may establish a
reasonable deadline to receive responses from cable operators. The final
tract map shall indicate the cable operator(s) that have agreed to serve the
development.
21
PB:MRH:G:Resos:RPC03-0 18TMDRCDP II 0404
(b) If one or more cable operators wish to provide service, they shall be
accommodated in the joint utilities trench on a nondiscriminatory shared
basis.
(c) The developer shall provide at least (10) working days notice of the date that
the utility trenches will be open to the cable operators that have agreed to
serve the development.
(d) Sharing the joint utilities trench shall be subject to compliance with Public
Utilities Commission and utility standards. If such compliance is not
possible, or if three (3) or more operators desire to provide service to the
development, the developer shall provide a separate trench for the cable
television cables, with the entire cost shared among the participating cable
operators. With the concurrence of the developer, the affected utilities and
the cable television operators, alternative installation procedures, such as the
use of deeper trenches, may be utilized, subject to the applicable law.
(e) Any cable operator wishing to serve an area where the trenches have been
closed shall be responsible for separate trenching and associated costs;
provided that if the cable operator was not provided tinIely written notice of
the availability of such trenches, the developer shall reimburse the operator
for such costs.
ESWl Storm Water Pollution Control Conditions
ESW2 Grading projects with a disturbed area of greater than 5 acres must also meet additional
requirements from the State Water Resources Control Board (SWRCB). Those
additional requirements include filing a Notice of Intent (N0l) and preparing a
Stormwater Pollution Prevention Plan (SWPPP).
ESW4 Priority Projects shall implement a single or a combination of storm water Best
Management Practice methods in order to reduce to the maximum extent practicable the
quantity of pollutants entering the public storm drain system or any receiving body of
water supporting beneficial uses. All Priority Projects shall construct and implement a
structural treatment control BMP, such as natural bio-filtration system or a treatment
detention basin, designed to infiltrate, filter, or treat a quantity of storm runoff equal to or
greater than the volume generated by a 0.6" precipitation storm event in a duration of
twenty-four hours or the maximum flow rate produced by a rainfall of 0.2 inches during
each hour of a storm event. The filtration system shall be designed based upon best
management practice standards and must be approved by the City Engineer. A covenant
approved by the City shall be recorded against the property to ensure the professional
maintenance, repair, and replacement of the storm water quality BMP as necessary into
perpetuity. The covenant shall also detail the funding mechanism for the required
maintenance. An IOD for a public storm drain easement shall be offered to the City and
shall cover all storm water treatment facilities and additional areas needed for
22
PB:MRH:G:Resos:RPC03-018TMDRCDPII0404
maintenance and access. A Grading Plan and Final Map identifying all landscape areas
designed for storm water pollution control (SWPC) and Best Management Practice shall
be submitted to the City for Engineering Services Department approval. A note shall be
placed on the plans indicating that the modification or removal of the SWPC facilities
without a permit from tl1e City is prohibited.
ESW9 For storm water pollution control purposes, all runoff from all roof drains shall discharge
onto grass and landscape areas prior to collection and discharge onto the street and/or into
tl1e public storm drain system. Grass and landscape areas designated for storm water
pollution control shall not be modified without a permit from tl1e City. A note to this
effect shall be placed on tl1e Grading Plan.
EMl MaD
EM3 This project is approved specifically as 1 (single) phase.
EM5 Public/private inIprovement plans and grading plans shall be approved and adequate surety
shall be posted prior to a public hearing for approval of the final map.
23 PB:MRH:G:Resos:RPC03-018TMDRCDPII0404
ATTACHMENT "D"
Resolution No. PC 2004-48
Case No. 03-018 TMmR/CDP
ARCIDTECTURAL DESIGN GUIDELINES
PROTECTIVE RESTRICTIONS FOR 840 BRACERO
The following criteria are intended to define the size and character of the new homes to be
constructed within tl1e Development. This development consists of 7 custom home sites, and all
structures constructed within the Development shall be subject to these standards. These
development standards shall be considered supplementary standards to the City standards, and
where a conflict occurs tl1e most restrictive standard shall apply. The approval process for plans
shall be established by the City prior to the sale of any lots within tl1e development.
A. Definitions
a. City- The City of Encinitas Municipality
b. City Standards - The City of Encinitas Municipal Code
c. Development - The improvements located within tl1e boundaries of Final Map
d. Grading Plan - Approved Precise Grading Plan # -
e. TM- Tentative Map
f. PRs - Protective Restrictions (this document)
g. Unique - Of character unlike any other
h. Zoning Ordinance - The City of Encinitas Zoning Ordinance
B. Building Envelope and Setbacks
The building envelope is defined as the area of each home site within the setback lines for
each lot as shown on the approved Tentative Map. Additionally, the building pad elevations and
minimum setbacks for each lot have been defined as depicted on the approved Tentative Map.
24
PB:MRH:G:Resos:RPC03-0 18TMDRCDP 11 0404
All residences shall be sited so that the structure relates well to the neighboring property and
blends into the existing topography. The plotted front yard setbacks shall comply with the
minimum 25-foot front yard setback required within the R-3 zone, however, the structures on
Lots 1-4 are currently shown set back 45 feet from the front property lines along Bracero Road.
If the future residences are brought forward to approach the minimum required 25-foot front yard
setback, the front yard setbacks for all the structures on Lots 1-4 shall be offset a minimum of 10
feet (i.e. a residence adjacent to a residence maintaining a minimum 25-foot front yard setback
shaH be constructed with a minimum 35-foot front yard setback). Side yard and rear setbacks are
standard at 10 feet and 25 feet respectively, except where otherwise shown on the Tentative
Map.
C. Site Grading and Drainage
Initial contour grading, including undulation, rounding, and variation of slopes, within
the Development shall be performed by the developer according to the approved Grading Plan,
and shall incorporate the drainage features indicated on the Map. In addition, developer grading
shall provide for useable pad areas and for drainage from each lot into the project system.
Individual homeowners shall not be allowed to change the building pad height by more than 12
inches either higher or lower from the height established for their lot by the Tentative Map
without City approval. Sculpted landscape mounds of up to 3 feet in height shall be permitted to
soften the overall effect of finish grading, however these landscape features shall not alter the
designed drainage patterns without City approval. Retaining walls shall be permitted per City
Standards. Retaining walls shall be designed to minimize their visual impact to the surrounding
neighborhood and shall be consistent with the individual residence design scheme.
25
PBMRH:G:Resos:RPC03-D 18TMDRCDP II 0404
D. Driveways
Entrance driveways shall be limited to 16 feet wide and detailed as shown on the Map
title sheet, with tlIe exception of tlIe curbs shown on Detail A of tlIe Tentative Map, which shall
be eliminated from tlIe design. Each lot shall be limited to one driveway entrance only, set at a
right angle to the street, however driveways from adjacent lots may be combined for a maximum
width of 24', or as required by tlIe Fire Department. The use of permeable driveway materials is
encouraged. Permeable driveway designs would include, but are not be limited to, inset bands or
edging of materials such as interlocking concrete pavers (e.g. Systems Paving) or grass paving
systems (e.g. Hastings Checker Block), or otlIer similar materials (Fire Department conditions
superceded these Design Review Guidelines). Unbanded monolithic concrete driveways or
unbanded asphalt driveways shall be prohibited. Two out of tlrree lots (Lots 1-3) shall
incorporate structural designs of future dwellings that have side-loaded garages with vehicular
access taken offthe adjacent applicable panhandle driveway instead of directly off ofthe Bracero
Road right-of-way.
ARCHITECTURAL DESIGN
The architectural style of tlIe homes in the Development shaH maintain the relaxed coastal
character of the surrounding neighborhood, and may include a variety of traditional styles
incorporating low pitch roofs such as California Bungalow, Craftsman, Prairie, Santa Barbara, or
Ranch. Non-traditional styles such as 'A' frames, geodesic domes, free-form contemporary, or
neo-classical styles, no matter how historic, are not allowed. Contemporary interpretation of
traditional styles shall be allowed, but radically alternative or disharmonious schemes (e.g..
Deconstructionist or Eclectic) shall be excluded.
26
PB:MRH:G:Resos:RPC03-018TMDRCDP II 0404
A. Design Repetition
Each residence witl1in tl1e Development shall be visually unique with respect to form,
massing and elevations. Floor plans may contain similarities for sites with similar access, view,
and daylighting considerations, however these similarities shall not be evident in the exterior
elevations. Material use and colors should be unique to each property and shall not create discord
with the adjacent properties. Where adjacent properties incorporate similar materials, such as
natural stone or timbers, the materials shall be utilized such tl1at they maintain the unique
character of each residence. No repetition or near repetition of tl1e exterior of any approved
residence within the Development shall be permitted. Similar architectural elements, such as
arches, bay windows, shutters, etc., may be incorporated throughout the Development without
restriction, provided tl1at the overall elevation into which they are incorporated remains unique.
B. Size
In order to minimize tl1e impact of the houses on the streetscape, the following standards
shall govern the size of the homes. The Lot Area Coverage for each site shall be limited to 35%
of the lot area. The size of tl1e building areas on tl1e second floors shall be limited to 75% of the
ground floor footprint on lots 1,3,4,5,6, and single story only on lots 2 and 7.
C. Building Height
The maximum height of all structures shall conform to City Standards as per Municipal
Code Section 30.16.010B7. However, Lot I shall have a maximum plate height of 20 feet and
ridge height of 24 feet. Certain architectural projections may extend beyond height limits in
accordance with City Standards.
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D. Building Mass and Facades
Homes shall be designed such that their mass does not overwhelm the street, and their
volume does not needlessly impact the skyline. Architecture shall consist of intercomIected
wings, rather than one massive central block that has smaller forms attached, and shall be
primarily horizontal in character. Any exterior wall, including retaining walls and building
exterior walls, exceeding 25 feet in length shall be divided into shorter segments by an offset in
the wall. The offset shall be a minimum of 2 feet and shall extend a minimum of 25% the length
of the longest wall segment. Second floor exterior walls should be visually separated from the
first floor wall by a roof, balcony, deck or other horizontal element to minimize the vertical mass
of the overall appearance. No more than 25% of the length of any second floor exterior wall
may extend visually uninterrupted to the foundation. The designs shall maximize the use of
cross ventilation and day lighting, and create outdoor spaces that best utilize the views and
orientation of the lots. All accessory structures permitted by the City Standards shall be similar
in detail and materials to primary residence and located in compliance with the City Standards
and applicable Fire Codes.
E. Roofs
Roof styles shall be consistent with, and present a design scheme coherent with, the
building's architecture. Roofs shall consist of a series of smaller intersecting planes, rather than
large undivided masses. Low-pitched hip, gable, and Dutch gable roof styles are the preferred
styles. Shed forms that return to the main body of the house with the highest part of the roof
attached to the main building mass shall also be allowed. Flat roofs, when used, shall be
surrounded by parapets a minimum of 10" high up to a maximum of 48" above the adjacent roof
surface. Parapets shall return and end in an intersection with a building mass.
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Roofing materials shall be class A fire rated, compatible with the architectural style of the
building, and shall be of a darker hue, darker than tl1e bulk of the building, and non-reflective
finish to minimize glare. Unpainted metal roofing and flashing, such as copper flashing or
standing seam roofs, shall have sufficient patina to meet tl1ese requirements.
Mechanical equipment such as air conditioners, heaters, evaporative coolers, and other
such devices shall not be exposed on any roof. Mechanical devices such as exhaust fans, vents
and pipes shall be combined where practical, located to minimize their visual impact, and painted
or finished to match adjacent roof surfaces.
F. Window and Door Openings
Window and door openings within the exterior wall surfaces shall be Architecturally treated to
avoid long, flat wall surfaces, such as:
-Trim surrounds on all sides
-Recess windows into thickened walls
-Project windows forward of the wall plane.
-Combinations of the above or any other design treatment that achieves an aestl1etically
pleasing addition to a coherent design scheme.
Windows may be either divided light, plain glass, decorative glass, or glass block. Window
muntins, where they occur, shall be expressed on tl1e outside of the glass. Glazing may be clear or
tinted. Window shapes shall be consistent with the architectural style of the residence.
G. Lighting
The exterior of all buildings shall be sufficiently lighted to provide for the safety of the
occupants and visitors. Front yards shall be sufficiently lighted so that persons unfamiliar with
the property can safely navigate to the public street. Lighting shall consist of low wattage wall
fixtures, low wattage walkway lights, downward facing recessed lighting, shielded floodlights, or
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other lighting device that shields projected light above horizontal. Exterior light fixtures shall be
mounted no higher than 12', unless their projected light is directed toward the building (e.g.
recessed can lights over second story decks or architectural accent lighting) such that the lamp
(bulb) cannot be viewed by adjacent properties. Large, bright lights such as mercury vapor yard
lights or unshielded incandescent floodlights are prohibited.
H. Maintenance
All properties within the Development shall be maintained. During the course of
construction, front yards may be used for environmental controls and short-term storage of
delivered materials only, and shall be kept free of scrap building materials, stockpiled dirt,
surplus materials, or other visual nuisances. Completed homes shall be maintained to provide a
neat appearance. Peeling paint, excessively stained stucco, spalling concrete or mortar, missing
tiles or masonry, or broken building elements shall be repaired immediately. Excessive
overgrowth, broken fences, improperly maintained landscape or irrigation, or inadequately
maintained drainage is strictly prohibited.
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