Loading...
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. /' (\ I--' ~ \. Gene, Jlair of the Encinitas Planning Commission ATTEST: ~ ~I f (V~ j~~ /u-- ~urphy Secretary NOTE: This action is subject to Chapter 1.04 of the Municipal Code, which specifies time limits for legal challenges. 2 PB:MRH:G:Resos:RPC03.0 18TMDRCDPlI 0404 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. 3 PB:MRH:G:Resos:RPC03-018TMDRCDPI10404 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 4 PB:MRH:G:Resos:RPC03-018TMDRCDPII0404 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. 5 PB:MRH:G:Resos:RPC03-018TMDRCDPII0404 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. 6 PB:MRH:G:Resos:RPC03-018TMDRCDPll0404 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 7 PRMRH;G;Resos;RPC03-0 18TMDRCDP II 0404 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. 8 PB:MRH:G:Resos:RPC03-oI8TMDRCDPII0404 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 9 PB:MRH:G:Resos:RPC03-O 18TMDRCDPII 0404 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 10 PB:MRH:G:Resos:RPC03-0 18TMDRCDPll 0404 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. II PB:MRH:G:Resos:RPC03~O 18TMDRCDPIl 0404 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. 12 PB:MRH:G:Resos:RPC03.0 18TMDRCDPIl 0404 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. 13 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. 27 PB:MRH:G:Resos:RPCD3-O 18TMDRCDPIl 0404 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. 28 PB:MRH:G:Resos:RPC03-0 18TMDRCDPII 0404 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 29 PB:MRH:G:Resos:RPC03.0 18TMDRCDPlI 0404 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. 30 PB:MRH:G:Resos:RPC03-018TMDRCDPII0404