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2011-04-07 Item 3 Case 2009-141 DR/CDPCITY OF ENCINITAS PLANNING COMMISSION AGENDA REPORT Meeting Date: April 7, 2011 TO: Planning Commission VIA: Tom Curriden, City Planner FROM: Planning and Building Department Roy Sapa'u, Senior Planner Todd Mierau, Associate Planner SUBJECT: A continued public hearing to consider a Design Review Permit and Coastal Development Permit application to allow for the construction of 18 new single-family residences, and associated landscaping improvements for a new community known as `Seaside Highlands'. A temporary sales office, model homes and applicable parking are also proposed at this time. The subject property is within the Residential 3 (R-3) zone and the Coastal Zone. CASE NUMBER: 09-141 DR/CDP; DATE FILED: September 21, 2009; APPLICANT: Warmington Encinitas 41 LLC; LOCATION: 1150 Melba Road (APN: 259-1.80-19). BACKGROUND: The project was continued date certain to this meeting by the Planning Commission at the February 17, 2011 public hearing. The Commission recommended more design elements or building articulation as noted in the following motion: • Plan 1: The right and left elevations need more design elements/articulation. • Plan 2: The rear elevation needs more design elements/articulation. • Plan 3A and 3B: The left elevation needs more design elements/articulation. • Plan 4A, 4B and 4C: The rear elevation needs more design elements/articulation. • Plan 5: The rear (this is the elevation with the garage) and the right elevation needs more design elements/articulation. • Additionally, a six-foot block wall was added in the motion to be constructed along the rear lot lines of Lots 4 through 6 in the place of the vinyl fence currently shown; and • Lots 3 and 16 were to revise the color choice from the mustard color currently proposed to be a different color consistent with the proposed color scheme. The applicant has revised the plan materials made a part of Exhibit PC-4A to reflect the motion of the Commission. Additionally, a detailed outline of the specific changes as requested by the Commission is attached as part of Exhibit PC-IA. The February 17, 2011 Planning Commission staff report is made available as part of Exhibit PC-2A. REQUIRED PERMITS AND FINDINGS: The proposed project as described in the attached Planning Commission Staff. Report (Exhibit PC-2A), with its attached Project Description PBD\TGM\t: \Reports\SR09-141 DRCDPII -1- 3-1 (Exhibit PC-1) thereto and as shown in the attached project drawings (Exhibit PC-4A) may be permitted in the subject Residential 3 (R-3) zone with the approval of a Design Review Permit and Coastal Development Permit application in accordance with Chapters 23.08 (Design Review) and 30.80 (Coastal Development Permit) of the Municipal Code. The project also includes a Coastal Development Permit request for the temporary sales office and model homes with associated parking in accordance with Chapter 30.80 of the Municipal Code. The required findings, as they apply to this project can be found in Sections 23.08,080 (Design Review) and 30.80.090 (Coastal Development Permit) of the Encinitas Municipal Code. The findings contained in Attachment "B" of the attached draft Resolution of Approval (Exhibit PC-3A), reflect that the project complies with the General Plan, Local Coastal Program and the Encinitas Municipal Code. Suggested conditions of approval contained in Attachment "C" of the draft Resolution of Approval (Exhibit PC-3A) are attached should the Commission choose to approve the application. Additional materials in support of approval of the proposed application can be found in the attached Development Standards Compliance Table (Exhibit PC-2) and the Design Guidelines Discussion (Exhibit PC-3) included as part of Exhibit PC-2A. A letter from Bethlehem Lutheran Church (a neighboring property to the west) has requested that the Commission reopen the public hearing to discuss a few items noted in there letter attached as part of Exhibit PC-5A. ENVIRONMENTAL REVIEW: The City of Encinitas conducted an Environmental Initial Study that determined the proposed project could have a significant environmental effect in the area of hazardous materials as part of Case No. 06-005 TMDB/DR/EIA/CDP. The project provided mitigation measures which mitigated the potentially significant environmental effects previously identified, and a Mitigated Negative Declaration (MND) was adopted on December 6, 2007 as part of Planning Commission Resolution No. 2007-33 and is attached as part of Exhibit PC-5 of the Planning Commission staff report from February 17, 2011 (Exhibit PC-2A). The draft MND was prepared, circulated, and notice mailed and published of its availability for public review and comment from October 1, 2007 to October 22, 2007. No comments were received during the public review period. All environmental technical studies including traffic, soils, noise and drainage reports are available for review in the Planning and Building Department as part of Case No. 06-005 TMDB/DR/E1A/CDP. ALTERNATIVE ACTIONS: Alternative actions available to the Commission include: (1) Make the required findings and adopt the attached Resolution approving the Design Review Permit and Coastal Development Permit request; (2) Continue the hearing for further information and review; or (3) Close the public hearing, discuss the findings, vote to deny the application and direct staff to return with a resolution of denial reflecting the findings of the Commission. RECOMMENDATION: Before public comment is received, disclose all information and contacts received outside the hearing of this matter upon which the decision will be based, receive public testimony and consider the facts and findings necessary to make :a decision on the application. Staff recommends that the Planning Commission approve Case No. 09-141 DR/CDP based upon the findings and conditions contained in the draft Resolution of Approval (Exhibit PC-3A) for the project provided to the Commission. PBD\TGM\t: \Reports\SR09-141 DRCDPII -2- 3-2 LIST OF ATTACHMENTS: Exhibit PC-IA Outlined response by Warmington Residential Exhibit PC-2A February 17, 2011 Planning Commission Staff Report with Attachments Exhibit PC-3A Draft Resolution of Approval with Attachments "A", "B", and "C Exhibit PC-4A Updated project drawings Exhibit PC-5A Bethlehem Lutheran Church letter received on March 25, 2011 The entire Administrative Record for this Design Review Permit and Coastal Development Permit application and technical studies are available for review in the Planning and Building Department. PBD\TGM\t \Rep orts\SR09-141 DRCDPII -3- 3-3 Exhibit "PC-1 A" Outlined response by Warmington Residential Case No, 09-141 DR/CDP April 7, 2011 3-4 09 - y~*~ 1 DR (Dp 1 ~~s~ si ,I'~ Warmington Encinitas 41, LLC - City of Encinitas L h MAR 1 Case Number: 09-141 DR/CDP - Planning Commission Meeting brut ry._17, 2011 1 20 Response to Planning Commission Motion March 11, 2011: In response to the Planning Commission motion on February 17th and a subsequent meeting with Todd Mierau on March P we have revisited the exterior elevations and provide the following for consideration. In addition to the responses reflected on the plans, we have provided 3D drawings for each plan & elevation, enlarged view of some details/enhancements and on each roof plan provide "arrows" showing the different plan changes 1. Motion: Plan 1: The Right and Left Elevations need more design elements/articulation Articulation Undulation & Element Changes Right Elevation Added architectural "boxed-out" window with decorative tile sill and foam corbels Right Elevation Added recessed window with shutter at Secondary bath Left Elevation Added architectural "boxed-out" recessed window with decorative tile sill and foam corbels Enhancements NOT part of Motion • Rear Elevation Added decorative shutters with tile sill to recessed windows at Master Bedroom and Nook 2. Motion: Plan 2: The Rear Elevation needs more design elements/articulation Articulation - Undulation & Element Changes • Rear Elevation Added pre-cast columns with wainscot to match Front Elevation details • Rear Elevation Added decorative shutters to recessed windows at Master Bedroom and Nook Enhancements NOT part of Motion • Right Elevation Added recessed arched windows with decorative trim to match front elevation details • Left Elevation Added architectural "boxed-out" window with decorative tile sill and foam corbels 3-5 Warinington Encinitas 41, LLC - City of Encinitas Case Number: 09-141 DR/CDP - Planning Commission Meeting February 17, 2001 Response to Planning Commission Motion March 11, 2011 3. Motion: Plan 3A and 3B: The Left Elevation needs more desi elements/articulation Articulation - Undulation & Element Changes • Left Elevation `A' and `B' Added by extending the open balcony from the front to the side with wrought iron rail and a pot shelf • Left Elevation `A' and `B' Added a recessed window with foam sill at the Garage to be like the 2nd floor ' • Elevation `A' and `B' combined the windows, Added a decorative foam sill or corbel with shutters at Bedroom 3 to match detail at front elevation • Elevation `A" Added corbels at the underside of the 2nd floor projection to match front elevation detail • Elevation `A' Added a recessed window with wrought iron at closet • Elevation `B' Added a recessed window with sill at closet Enhancements NOT part of Motion • Rear Elevation `A' Added a decorative foam sill at Master Bath recessed window to match detail at front and side elevation • Rear Elevation `A' Added decorative shutters to recessed window at Kitchen • Rear/Right Elevation `B' Added the wainscot and trim with decorative corner niche to match front elevation • Right Elevation `B" Changed the gable end roof & raised the fascia line. Rear Elevation `B' Added foam trim above the French Doors. 4. Motion Plan 4A. 4B and 4C: The Rear Elevation needs more design elements/articulation. Articulation Undulation & Element Changes • Rear Elevation `A', `B' & `C' Added an additional plane change at to the roof line • Rear Elevation `A',`B' & `C' Added shutters to Guest Suite recessed windows • Elevation `A', `B' & `C' Added pre-cast columns to deck to match front elevation details 2 3-6 Warmington Encinitas 41, LLC - City of Encinitas Case Number: 09-141 DR/CDP - Planning Commission Meeting February 17, 2001 Response to Planning Commission Motion March 11, 2011 4. Continued: Enhancements NOT part of Motion • Right Elevation `A' Added shutter to garage recessed window • Right Elevation `B' Added shutters to 2. floor recessed windows • Left & Right Elevation `C' added attached breezeway • Right Elevation `C' added shutters to 2nd floor windows 5. Motion: Plan 5: The Rear (this is the elevation with the garage) and the Right Elevation needs more design elements/articulation Articulation - Undulation & Element Changes • Lot 14 Right Elevation Added sloped tile sill to the recessed window + Lot 14 Right Elevation Added architectural pop-out with foam corbels • Lot 14 Right Elevation Added an additional window with sloped sill and decorative tile. • Lot. 15 Right Elevation Added architectural element with foam corbels • Lot 15 Rear Elevation Combined windows and Added shutters with wrought iron pot shelf 6. Motion:. A Six Foot Block Wall was added to be constructed along the rear of Lots 4 through 6 in the place of the vinyl fence currently shown • Unless otherwise changed, this condition is acknowledged 7. Motion: Lot 16 was to revise the color choice from the mustard color currently proposed to be something else. The new color choice needs to be different to those units adjacent to this lot. • The color scheme (No. 04) for Lot 16 as well as Lot 3 (same color scheme) will be changed. Sample color will be provided with submittal 3 3-7 Exhibit "PC-2A" February 17, 2011 Planning Commission Staff Report with Attachments Case No. 09-141 DR/CDP April 7, 2011 3-8 CITY OF ENCINITAS - PLANNING COMMISSION AGENDA REPORT Meeting Date: February 17, 2011 TO: Planning Commission VIA: jTom Curriden, City Planner FROM: Planning and Building Department Roy Sea 'u, Senior Planner Todd erau, Associate Planner SUBJECT: Public hearing to consider a Design Review Permit and Coastal Development Permit application to allow for the construction of 18 new single-family residences, which includes one inclusionary unit, one density bonus unit and 16 market rate units, and associated landscaping improvements for a new community known as `Seaside Highlands'. A temporary sales office, model homes and applicable parking are also proposed at this time. The subject property is within the Residential 3 (R-3) zone and the Coastal Zone. CASE NUMBER: 09-141 DR/CDP; DATE FILED: September 21, 2009; APPLICANT: Warmington Encinitas 41 LLC; LOCATION: 1150 Melba Road (APN: 259-180-19). BACKGROUND: Formerly, this site was developed with a commercial greenhouse operation. Case No. 06-005 TMDB/DR/E1A/CDP, approved as per Planning Commission Resolution No. 2007-33 on December 6, 2007, allowed the removal of the existing agricultural development on the property and allowed the development of an 18-lot residential subdivision with two private street lots. The approved subdivision included site grading and street improvements, but the construction of homes was to happen separately. The approved grading will create building pads that stepped to conform to the existing topography. The building pads established as part of the approved tentative map and grading plan are the means from which the building heights of the proposed single-family residences is measured. The subject property is in the process of being graded as part of Grading Permit No. 963-G. The grading plan and Workplan for Remedial Action that was submitted by the applicant and approved by the City and County Department of Environmental Health, as part of Case No 06-005 TMDB/DR/E1A/CDP and Grading Permit No. 963-G, included export of contaminated materials and remedial work on the project site in accordance with the project's Workplan for Remedial Action and Workplan Update for Remedial Action. One private street enters the project from Balour Drive (called Scarlet Way) and the other from Melba Road (called Bluejack Road). Both would end in cul-de-sacs and have sidewalks on one side that will be of a natural tone concrete. The surrounding neighborhood consists of single-family residences to the north, east, and south. Oakcrest Middle School and the Encinitas Senior and Community Center are further north along Balour Drive. There are church uses to the west of the site across Balour Drive and southwest of PBD\TGWt: \Reports\SR09-141 DRCDP -1- 3-9 the project site at the corner of Balour Drive and Melba Road. A mix of single-family and duplex development lies to the west and southwest. Subdivision 06-005 TMDB/DR/EIA/CDP was approved with a request for density bonus in accordance with State density bonus law as per California Government Code Section 65915. The density bonus law provides that an applicant agreeing to provide affordable housing - in accordance.with the guidelines of Section 65915 be provided a density bonus over the maximum density allowed as per local ordinance. The 18 total lots include one density bonus lot, an inclusionary lot as per Chapter 24.21 of the Municipal Code, and 16 market rate lots. Lot 15 is reserved for the density bonus lot and Lot 14 is reserved to meet the inclusionary housing requirement as per Chapter 24.21. The approved concession was a reduction in lot sizes with related reductions in setbacks and lot dimensions for several lots as shown on the Tentative Map. These concessions are highlighted in yellow in the attached Development Standards Compliance Table (Exhibit PC-2). The overall density for the project, including the density bonus is approximately 3.7 units per net acre. REQUIRED PERMITS AND FINDINGS; The proposed project as described in the attached project description (Exhibit PC-1) and as shown in the attached project drawings (Exhibit PC-10) may be permitted in the subject Residential 3 (R-3) zone with the approval of a Design Review Permit and Coastal Development Permit application in accordance with Chapters 23.08 (Design Review) and 30.80 (Coastal Development Permit) of the Municipal Code. The project also includes a Coastal Development Permit request for the temporary sales office, model homes with associated parking in accordance with Chapter 30.80 of the Municipal Code. The required findings as they apply to this project can be found.in Sections 23.08.080 (Design Review) and 30.80.090 (Coastal Development Permit) of the Encinitas Municipal Code. The findings contained in Attachment "B" of the attached draft Resolution of Approval (Exhibit PC-4), reflect that the. project complies with the General Plan, Local Coastal Program and the Encinitas Municipal Code. Suggested conditions of approval contained in Attachment "C" of the draft Resolution of Approval (Exhibit PC-4) are attached should the Commission choose to approve the application. Additional materials in support ' of approval of the proposed application can be found in the attached Development Standards Compliance Table (Exhibit PC-2) and the Design Guidelines Discussion (Exhibit PC-3). CITIZEN'S PARTICIPATION PLAN (CPP)- The applicant conducted a Citizen's Participation Plan (CPP) meeting in accordance with Chapter 23.06 of the Municipal Code on January 16, 2010 at 1150 Melba Road. According to the CPP final report submitted by the applicant, 15 interested parties attended the meeting. The CPP final report, which includes questions and concerns raised at the meeting, is attached as Exhibit PC-6. The applicant adequately addressed all concerns raised at the CPP meeting within the final report. ENVIRONMENTAL REVIEW; The City of Encinitas conducted. an Environmental Initial Study that determined the proposed project could have a significant environmental effect in the area of hazardous materials as part of Case No. 06-005 TMDB/DR/EIA/CDP. The project provided mitigation measures which mitigated the potentially significant environmental effects previously identified, and a Mitigated Negative Declaration (1VIND) was adopted on December 6, 2007 as part of Planning Commission Resolution No. 2007-33 and is attached as part of Exhibit PC-5. The draft MND was prepared, circulated, and notice mailed and published of its PBD\TGM\t:\Reports\SR09-141 DRCDP -2- 3-10 availability for public review and comment from October 1, 2007 to October 22, 2007. No comments were received during the public review period. All environmental technical studies including traffic, soils, noise and drainage reports are available for review in the Planning and Building Department as part of Case No. 06-005 TMDB/DR/EIA/CDP. ALTERNATIVE ACTIONS: Alternative actions available to the Commission include: (1) Make the required findings and adopt the attached Resolution approving the Design Review Permit and Coastal Development Permit request; (2) Continue the hearing for further information and review; or (3) Close the public hearing, discuss the findings, vote to deny the application and direct staff to return with a resolution of denial reflecting the findings of the Commission. RECOMMENDATION: Before public comment is received, disclose all information and contacts received outside the hearing of this matter upon which the decision will be based, receive public testimony and consider the facts and findings necessary to make a decision on the application. Staff recommends that the Planning Commission approve Case No. 09-141 DR/CDP based upon the findings and conditions contained in the draft resolution of approval (Exhibit PC- 4) for the project provided to the Commission. LIST OF ATTACHMENTS: Exhibit PC-1 Project Description Exhibit PC-2 Development Standards Compliance Table Exhibit PC-3 Design Guidelines Discussion Exhibit PC-4 Draft Resolution of Approval with Attachments "A", "B", and "C" Exhibit PC-5 Final Mitigated Negative Declaration Exhibit PC-6 Citizen's Participation Plan (CPP) final report Exhibit PC-7 Project Action Log Exhibit PC-8 Application and related materials Exhibit PC-9 Project-photos Exhibit PC-10 Project drawings The entire Administrative Record for this Design Review Permit and Coastal Development Permit application and technical studies are available for review in the Planning and Building Department. PBD\TGWt:\Reports\SR09-141DRCDP -3- 3-11 Exhibit "PC-1 " Project Description Case No. 09-141 DR%CDP February 17, 2011 3-12 Case No. 09-141 DR/CDP Project Description The applicant requests a Design Review Permit and Coastal Development Permit application to allow for the construction of 18 new single-family residences, including one inclusionary unit, one density bonus unit and 16 market rate units and associated landscaping. improvements. A temporary sales office, model homes and applicable parking is also proposed at this time. The subject property is within the Residential 3 (R-3) zone and the Coastal Zone. Access to the proposed residential lots will be from Bluejack Road via Melba Road for Lots 1-6, Lot 8 and Lot 9. Access for Lot 7 and Lots 10-18, will be from Scarlet Way via Balour Drive. The subdivision was approved as a density bonus subdivision (under Case,No. 06-005 TMDB/DR/EIA/CDP) in accordance with Section 65915 of the California Government Code, and includes one inclusionary unit (Lot 14, Unit 14) and one density bonus unit (Lot 15, Unit 15), designated as very low income to comply with the density bonus provisions. The requested concession or incentive granted with approval of the Tentative Map included the reduction in lot size, Floor Area Ratio (FAR), lot coverage and related reduction in lot dimensions. The approved building envelopes and applicable setback layout for each lot is shown on the attached grading plans made a part of Exhibit PC-10. Site Design and Development Standards; The project includes the construction of 18 single- family dwelling units ranging in size from 1,590 square feet to 4,650 square feet. The majority of the homes are two-.story, however Lots 3, 6, 8, 12 and 16 were conditioned as part of the Tentative Map to be one-story. All of the proposed single-family residential units provide a good variety and style so as to appear as a semi-custom home development. The R-3 standards as- noted in Chapter 30.16 (Residential Zones) of the Municipal Code include a minimum lot area of 14,500 square feet and a minimum 80-foot wide by 100-foot deep for lot dimensions. As noted above, the approved Tentative Map modified development standards as one of the allowable concessions or incentives in accordance with the State Density Bonus Law outlined in Section 65915 of the California Government Code. This includes the reduction in lot size with related reduction in lot dimensions and reduced setbacks. The modified building envelopes are defined on the Tentative Map. A Development Standards Compliance Table (Exhibit 'PC-2) is contained within the report for a reference of comparables between the proposed project and the applicable R-3 development standards., The requested modified standards are highlighted in . yellow for reference. The maximum height of all structures conforms to City standards as per Municipal Code Section 30.16.0 OB6 for the R-3 zoning designation. The top of pitch roof elements will be limited to 26 feet measured from the approved finished pads. The finished pads are utilized as the 'basis for buflding height measurement pursuant to Municipal Code Section 30.16.01OB6(d). Lot 5 is shown on the preliminary precise grading plan attached as part of Exhibit PC-10, to be lowered two feet (from 364.0 ft. to 362.0 ft. to allow for better drainage. The height of the proposed unit on this lot will be measured from the 362.0 ft. elevation. Specific Condition of Approval SCA8 contained within the draft Resolution of Approval (Exhibit PC-4) clarifies this requirement further. Flat roof elements as defined by this Encinitas Municipal Code Section will be limited to 22 feet in height measured from the approved pad elevations. Solar photovoltaic panels are proposed on each single- PBD\TGM\t:\Reports\SR09-141 DRCDPproj desc -1- 3-13 family residence throughout the project. Architectural Plans and Materials Boards were submitted for the proposed development for each specific lotlunit associated with the project. The design of the units are further discussed in the attached Design Guidelines Discussion (Exhibit PC-3). Case No. 06-005 TMDB/DR/EIA/CDP approved on December 6, 2007 as per Planning Commission Resolution No. 2007-33, included the construction of both private roads, sidewalks (to be a natural earthtone concrete), streetscape landscaping, street improvements including the installation of a water and sewer main to serve the proposed lots, undergrounding of utilities and grading. The proposed private cul-de-sac streets will provide access to each residence. The private cul-de-sac street will be paved to 32 feet in width, with standard curb and gutter on both sides, which allows for parking on one side.. On-street parking will be permitted along the west side of Bluejack Road and along the north side of Scarlet Way, adjacent to the sidewalk as shown on the Tentative Map/Grading Plan contained as part of Exhibit PC-10. Two garage spaces are required per unit and a third uncovered space (in the drive) is required for single-family units over 2,500 square feet. All parking allocated for each single-family residence will meet the parking requirements outlined in Chapter 30.54 (Off-street Parking) of the Municipal Code. Coastal Development Permit: The proposed project is located within the Coastal Zone of the City of Encinitas and requires approval of a regular Coastal Development Permit for the project including the temporary sales office, model homes and applicable parking. Adherence to the development standards within the Encinitas Municipal Code and the goals and policies of the Encinitas General Plan the project will be consistent with the City's adopted Local Coastal Program. The project is not within the Coastal appeal jurisdiction. 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N O ct: N . a N u 4=~ a p N co F Z V1 X U X U x o WA cli u C A o CL c - 0 "a 3 72 z 72 Co > i. , R 7;5 z _ C~ a 5 ° F o o CO ,N C ~ h h O lb V r a O v w O bOf, A p ~ C ® u C O .O p ~O ~.C ti"00 'O p In 4 O 10., ~ O CSC vU ~ C\ v CJ u U $ ° a p °10 ~ ° O C CJ p ur a rA O .O C F CJ'WA u °o z° O C O u u U ~ ~ 07 cu. y ~U w O ..C O ~ Vi '3 a~ V•J a CO L V 'C ~ CSC O F:.,~ ~ a C ^ou ~ C ~ m cc u C. PC V] C C ^O "L" •C Ctl ~ C~'C +O+ •3 ~ w o a cCa~ o O.U•~ Z P C C a U C° u° a v.C305 A p C ^O C U .°^a az ~ A ~a w O Od C O ,7, CL GO ~i ~ A.aU~ Z7 CC3 E TA O W o C ~t r+ v C VGd1 FBI 3-18 Exhibit "PC-3" Design Guidelines Discussion Case No. 09-141 DR/CDP February 17, 2011 3-19 Case No. 09-141 DR/CDP Design Guidelines Discussion The following discussion is organized according to the Chapters of the City of Encinitas Design Guidelines. The first chapter of the Guidelines is the introduction and background of the document so there is no item #1. The proposed project is consistent with the Design Guidelines as discussed below. 2. Site Planning: The proposed site plan, building massing and proposed materials are designed to be respectful of views from neighboring properties through the placement of,each two-story and single-story unit by allowing view corridors through each site and above the single-story units. Varied building articulation and spaces between the homes create usable and functional private yard space. The impacts on surrounding uses, both existing and proposed, have been considered in the project's site design. The single-family residences have been placed on the lots to create variety in external space and create a varied street fagade as noted in Section 2.4.6 of the Design Guidelines. The proposed single- family residences on Lots 3, 6, 8, 12 and 16 are limited to one story as per conditions of approval set forth on the Tentative Map approved as part of Case No. 06-005 TMDB/DR/EIA/CDP. Each home has been designed to the applicable standards shown on the approved Tentative Map and outlined in the Development Standards Compliance Table. Solar photovoltaic systems will be installed on the roof of each home as encouraged by Section 5.7 of the Design Guidelines. The homes fronting each private drive have been. offset from the adjacent neighbor to the extent feasible as encourage by Section 2.4.6 of the Design Guidelines. The impacts to significant views from the surrounding properties are minimized by the new development to the extent feasible based on the opportunities and constraints of the site. The site planning of the proposed project has put forth effort to break up the bulk and mass of the proposed buildings in relation to one another and existing adjacent. residences. The proposed pads for the lots closely conform to. the existing grade as shown on the approved grading plan on file, No. 963-G. The proposed site walls and fences separate private use area for each unit from the other units and adjacent properties surrounding the development. Each lot/unit will have fences not exceeding six feet in height on the side and rear property lines as required by 3036.01017 of the Municipal Code. Lot 4 will have a mature California Live Oak remain on the lot as conditioned as part of the Tentative Map approval. 3. Grading: The project site is currently in the grading process (Grading Permit No. 963-G), which includes grading of the pads, an approved Workplan for Remedial Action and Workplan Update for Remedial Action for contaminated soils on-site, all retaining walls, installation of Best Management Practices (BMPs), and construction of the private roads (Bluejack Road and Scarlet Way). The soils originally identified as part of Case No. 06-005 TMDB/DR/EIA/CDP as containing toxic contaminants have been removed from the site as of January of 2011. The approved grading conforms to the existing.topography of the site. The PBD/TGM/t:\Reports\sr09-141DRCDPpc.drdisc -1- 3-20 heights of the proposed single-family residences will be measured from the approved pad elevations of the approved Tentative Map except for Lot 5, which has been lowered two feet (from 364.0 ft. to 362.0 ft.) for purpose of providing better drainage. As per condition of approval SCAB, the owner/applicant shall revise the current active grading plan, and proposed precise grading plan, to reflect this change. 4. Circulation, Parking, Streetseape: The private cul-de-sac streets will be paved to 32 feet in width, with standard curb and gutter on both sides. On-street parking will be permitted along one side of both proposed private streets. In order to provide 24 feet of unobstructed access for fire/emergency vehicles, red curbing will be required on the side of the street where parking is not permitted along with "No Parking Fire Lane" signs posted. Various street trees, shrubs and ground cover will enhance the proposed private street. The project proposes a driveway for each of the proposed single-family units. All homes will have adequate off-street parking on-site both in the driveway and within garages. The concrete sidewalk proposed on one side of each private road will be earth toned concrete as conditioned as part of the Tentative Map approval. 5. Architecture: Review of the project colored elevations and color/materials board shows that the proposed units will vary sufficiently in color and materials. There is a common theme to the single-family units as Santa Barbara and Mediterranean styles with six different types of color palette schemes made a part of Exhibit PC- 10 dated received by the City on December 2, 2010. No two homes of similar floor plans have been located on adjacent lots or directly across the street. All homes have been designed to be uniquely different through the use of various roof designs, different color tones and materials as encouraged by the Design Guidelines. Each residence within the development will be visually unique with respect to form, massing and elevations. All 18 units utilize architectural detailing and used selection of materials to enhance character definition for each style of home on all sides. Five homes will be single-story as conditioned by the approved Tentative Map. 6. Lighting Lighting will be typical of residential, single-family uses and will be required to comply with the residential lighting performance standards established by Section 30.40.010I of the Municipal Code. 7. Landscape: The landscape plan proposes common area landscaping along the street frontage of Bluejack Rd. and Scarlet Way. Tan keystone retaining walls are approved as part of. the Tentative Map which is currently being installed along the north boundary and easterly boundary of the adjacent church property located at 925 Balour Drive. Along the north boundary a two- to three-foot exposed wall will face the church property, behind the existing chainlink fence located on the church property Hine. Behind this retaining wall will be a four-foot planting area next to a proposed six-foot vinyl privacy fence. "Hopseed Bush" and "New Zealand Flax" will be placed in this location in five gallon sizes at four feet on- center. Along the east side of the property boundary adjacent to the church PBD/TGM/t:\Reports\srO9-141DRCDPpc.drdisc -2- 3-21 property, two retaining walls were approved (both tan keystone), the most westerly to be four to five feet tall exposed, separated by a three-foot planting area, and then a two- to three-foot retaining wall adjacent to the proposed pads of Lots 4, 5, and 6. A six-foot privacy fence is proposed to provide screening and separation between these two uses. Numerous varieties of shrubs for background, mid-ground and foreground locations are placed adjacent to the frontages of each residence and along the streetscape areas and within the median on the private roads. Additionally, these shrubs are being used for screening of the proposed keystone retaining walls and vinyl fence along the street frontages. Street trees include "Camphor Tree", "Torrey Pine", "Southern Live Oak", "Coast Live Oak" and "Gold Medallion Tree". The existing "California Live Oak" on Lot 4 is conditioned to remain on this lot as conditioned as part of the Tentative Map (Case No. 06-005 TMDB/DR/EL,VCDP). Shrubs, vines and groundcover are shown to be placed on the small slopes between each lot separating pad elevations. Each lot incorporates Best Management Practices (BMP's) via vegetated swales. Each property owner will have the ability to provide their own landscaping on each lot as delineated on the landscape plan made a part of Exhibit PC-10. Each lot will be required to install landscaping within one year after occupancy of the unit as conditioned in SCA2 contained within the attached draft Resolution of Approval (Exhibit PC-4). All plantings will be watered by a permanent irrigation system and subject to Chapter 23.26 of the Encinitas Municipal Code (Water Efficient Landscape Program), which requires a landscape and irrigation plan to be prepared by a State licensed landscape designer. PBD/TGM/t:\Reports\sr09-141 DRCDPpc.drdise -3- 3-22 Exhibit "PC-4" Removed previous draft Resolution from the February 17, 2011 PC Meeting Supplemented by Exhibit "PC-3A" Case No. 09-141 DR/CDP April 7, 2011 3-23 Exhibit "PC-5" Final Mitigated Negative Declaration Case No. 09-141 DR/CDP February 17, 2011 3-24 Final Mitigated Negative Declaration CITY OF ENCINITAS Planning and Building Department 505 South Vulcan Avenue Encinitas, CA 92024 760-633-2692 Fax: 760-03-2818 Case No. 06-005 TM//DR/CDP SUBJECT: Tentative Man 06-005: Tentative Map, Design Review Permit, Coastal Development Permit, and Environmental 'Initial- Study to subdivide 5.89 acres into 18 single-family residential lots and two .private street lots... The project site is zoned R3 (Single-family residential) and. located at 1150 Melba Road in .community of Old Encinitas. Applicant: CESN Construction, Inc. I. PROJECT DESCRIPTION: See attached Environmental Initial Study. IL ENVIRONMENTAL SETTING: See attached Environmental Initial Study III. DETERMINATION: The City of Encinitas conducted an. Environmental Initial Study that determined the proposed project could have a significant environmental effect in the following area(s): hazardous materials. Subsequent revisions in the project proposal provide the specific mitigation measures identified. in. Section V. of this Mitigated Negative Declaration.. The project as revised now avoids or mitigates the potentially, significant environmental, effects previously identified,. and the preparation of an Environmental Impact. Report will. not be required. IV. DOCUMENTATION The attached Environmental Initial Study documents the reasons 'to support the above determination. Page .l of 3 3-25 V. MITIGATION, MONITORING AND REPORTING PROGRAM: Hazardous Materials 1.. Prior to grading permit issuance, the project applicant shall prepare a workplan to properly remediate on-site soils containing elevated levels of dieldrin exceeding federal and state standards. The workplan shall. be reviewed and approved by the San Diego County Department of Environmental, Health (DEH) through the Voluntary Assistance Program. A DEH concurrence letter on the workplan shall be submitted to the Engineering Services and Planning and Building Departments. The approved work plan shall be incorporated as part of the grading plan to the satisfaction of DEH and the city's Engineering Services Department. In addition, the work plan shall include a monitoring program to be conducted. by a qualified consultant during remediation activities to ensure the work plan requirements have been implemented and remediation complies with risk-based Federal EPA and California criteria for residential uses. 2. Prior to grading permit ' issuance, engineering controls contained in the "Health.and Safety Plan, Ades and Gish Nurseries" (8/28/06) shall be incorporated on the grading plan to the satisfaction of the Engineering Services and Planning and Building Departments. 3; Prior to building permit issuance and the release of bond for the grading permit; the project applicant shall prepare and submit a remediation summary report and closure request to the Sari Diego County DEH Voluntary Assistance Program and Encinitas Planning and Building Department for review. and approval. The closure request shall be a stand-alone document that includes a site conceptual model (SCM). The closure request shall include the location of contaminants, excavated soil,.. and any. on-site disposal of dieldrin-contaminated soil on cross-section and plan view figures. The closure request shall also include . a discussion of remediation activities and any deviations from the approved workplan. 4. Prior to building permit issuance and the release of bond for the grading permit; the project applicant shall submit a "Closure Letter' 'issued by the San Diego County DER to the Planning and Building Department and• Engineering Services Department. 5.. Prior to Final Map approval, 'the Final Map shall be conditioned to ensure that Proposition 65 notification procedures. would be implemented and closure request documentation would be provided to future property owners. VI. RESULTS OF PUBLIC REVIEW: (X). No comments were received during the public input period. Comments were received but did not address the draft Mitigated Negative Declaration finding or the accuracy/completeness of the Initial Study. No response is necessary. The letters are attached. Page 2 of 3 3-26 O Comments addressing the findings of the draft Mitigated Negative Declaration and/or accuracy. or completeness of the Initial Study were received during the public input period. The letters and responses follow. Copies of the draft Mitigated Negative Declaration and any Initial Study material are available in the office of the. City of Encinitas Planning and Building Department for review, or for purchase at the cost of reproduction. i October 1, 2007 Scott Vurbeff, Environmental Coordinator Date of Draft Report Planning and Building.Deparhment October 24, 2007 Date of Final Report CITY OF ENCINITAS PLANNING AND BUILDING DEPARTMENT 505 South Vulcan Avenue Encinitas, CA 92024-3633 (760) 633-2692 INITIAL, STUDY Case, No. 06-005 SUBJECT: Tentative Map 06-005: Tentative Map, Design Review Permit, Coastal Development Permit,. and Environmental Initial Study to subdivide. 5.89 acres into 18 single-'family residential lots and two private street lots. The project site is zoned R3 (single family residential) and located at 1150 Melba Road in community of Old Encinitas. Applicant: CESN Construction, Inc. 1. PURPOSE.AND MAIN FEATURES: The proposed project would subdivide -a 5.89-acre parcel into 18 iot&and two private street lots to allow the future development of 18 single-family detached homes including a proposed inclus onary unit and density bonus unit for affordable housing purposes. The future homes would be approved under 'a separate Design Review Permit. The subdivision would have anaverage lot size of 11,744 square feet and density of 3.7 dwelling units/acre. Access to the subdivision would be provided by two separate cui-de-sacs extending from Melba Road and Balour Drive. Grading activities associated with pad development, cul-de-sacs, and final:contours would require 10,000 cubic yards of cut and 9,700 cubic yards of fill, resulting in 600 cubic yards of exported material. Pad elevations would range from 374 feet above mean sea level (AMSL) in the northeast corner of the development to 344 feet AMSL for the three lots fronting Balour Drive an d 359 to 360 feet AMSL for the. two lots fronting Melba 'Road. The project's landscape plan proposes interior street trees along each cul-de-sac. In.addition, streets trees, shrubs, and groundcover would-be provided along the-project's street frontage ofBalourDrive and Melba Road: Manufactured slopes would.be landscaped with groundcover and shrubs. II. ENVIRONMENTAL SETTING: The entire project site contains a commercial' greenhouse operation consisting of greenhouse structures, office space, and storage structures. Surrounding uses consist of s"mgle-famlyresidential uses to the north, and east, single4amily-residential uses and a church to the south, and single-family residential Use's and another church to thew' st. The surrounding honing designations consist of R3 to the north and east and R5 to the south and west. Page 1 of3 3-28 Case # 06-005 III. DISCUSSION: Hazardous Materials Initial Study Phase I and Phase If Environmental Site Assessments were prepared for the project by Vinje and Middleton Engineering, Inc. in December, 2005 and-January, 2006. The Phase Il report identified elevated levels of Dieldrin-contaminated soils onsite that exceeded the federal EPA, and State criteria for residential uses. Dieldrin is an agricultural pesticide that is classified as a carcinogen based upon animal studies. The pesticide is.not water soluble. does not diffuse by itself in the air, and has a strong bond to soils. Because Dieldrin does not break down easily, tends to accumulate in the food chain, and can be toxic to humans and animals; it was banned from agricultural use in 1970 by the U.S. Department of Agriculture. . The Dieldrin-contaminated soils are contained within on-site area of approximately $2,880 square feet and could pose a significant. health hazard during construction activity or to future residents occupying the project site. However, with implementation of mitigation measures provided below, the impacts would be reduced to below a level of significance. Mitigation Measures: • Prior to grading permit issuance, the project applicant shall prepare a workplan to properly remediate on-site soils containing elevated levels of dieldrin exceeding federal and- state standards. The workplan shall be. reviewed and approved by the San Diego County Department of Environmental Health E through the Voluntary Assistance Program. A DEH concurrence letter on the workplan shall be submitted to the Engineering Services and Planning and Building Departments. The approved work plan shall be incorporated as part of the grading plan to the satisfaction of DEH and the city's Engineering Services Department. In. addition, the work plan shall include a monitoring program to be conducted by a qualified consultant during remediation activities to ensure the work plan requirements have been implemented and remediation complies with risk-based Federal EPA and California criteria for residential uses. Prior to grading permit issuance, engineering controls contained in the "Health and Safety Plan, Ades and Gish' Nurseries (8/28/06) shall be incorporated on the grading plan to the satisfaction of the Engineering Services and Planning and Building Departments,. • Prior to building permit issuance and the release of bond for the grading permit, the.proj ' applicant shall prepare and submit a remediation summary report and.closure request to the San Diego County DEH Voluntary Assistance. Program and Encinitas Planning and Building Department for review and approval. The closure request shall be a stand-alone document that includes a site conceptual model (SCM). The closure request shall include the location of contaminants; excavated soil, and any on-site disposal of dieldrin-contaminated soil on cross.section and plan view figures.. The closure request shall also include a discussion of remediation activities and any deviations from the approved workplan. • Prior to building permit issuance and the release of bond for the grading permit, the project Page 2 of 3 3-29 Case # 06-005 Initial Study applicant shall submit a "Closure Letter" issued by the San Diego County DEH to the Planning and Building Department and Engineering Services Department. • Prior to Final-Map approval, the Final Map shall be conditioned to ensure that Proposition 65 notification procedures would be implemented and closure request documentation would.be provided to future property owners. IV. RECOMMENDATION: On the.basis of this initial evaluation: The proposed project would not have a significant effect on the environment, and a NEGATIVE.-DECLARATION should be prepared. X Although the proposed project could have a.. significant. effect on the environment, there will not be .a significant effect in this case because the mitigation measures described. in Section IV above have-'been added to the project. A MITIGATED NEGATIVE DECLARATION should be-prepared. The proposed project MAY have a significant effect on.the environment, and an ENVIRONMENTAL IMPACT REPORT should be required. Environmental Coordinator: Scott Vurbeff Attachments: Attachment 1: Location Map Attachment 2: Tentative Map Attachment 3: Initial Study Checklist Page 3 of3 3-30 IVIaN. TM/DR/CDP 06-005 Location Map ° Stateplane NAD83 feet, CA Zone 6 Plot Date: MXD Name:. port 8x11 bottom.mxd DISCLAIMER: aeon hY b- W. b 1 Inch equals 200 feet Attachment-11 N a8 ' w Aa fit d la 1 2; 1 1, 1 !1 $ , r$ . Q l : R EEC. M I>>a 3 [t @i g • aE 4a i Lg, f, 0 0 fail It its y Q tY s liltI till a 1%2Z1111 Vill e 32 OR It ~J- r.,, p n uc.r ov ~ ^ Q a 1 ~g r ~r~5s~ O Y - yV . n . r, 7 Rli y Y~ o y E N A V Z Page 1 of 18 Attachment 3 3-33 a Case # 06-005 Initial Study Checklist .abwa~.aw -4,' l VV01- W LUC California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the C 1'f a ornla Dept. of Conservation as an optional model to use in Assessing impacts on agriculture and farmland. Would the project: a) Convert :Prime, Farmland, Unique Farmland, or : .Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring.Program of the .California Resources Agency, to non-. FJ El 0 agricultural use? (Source #1, 13,'15: The project site is located.within primarily residential area and does not support any important. farmland designations: Impacts would-not occur. b)'Conflict with existing zoning for agricultural use, or a Williamson Act contract?. (Source # 1, 13, 15: The project site is zoned'for residential. development and does not support -Williamson Act contract land. Impacts . would not occur. c) Involve other changes in the existing environment which, due to their location or . nature, could result in conversion of Eah and to non-agricultural use? (Source #1; 13, 15: The t E 0 JZ. Project si e is designated for residential uses by 'the City's. General Plan. No significant impact would occur.) III. AIR QUALITY - Where available; the significance criteria established bythe applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? (Source #1, 2, 5,14: The proposed project is consistent with the land uses designated for the site by the.adopted Encinitas General Plan, which is consistent with regional air quality plans. Therefore, no such conflicts would occur. . b) Violate any air quality standard or contribute substantially to an existing or projected air li i l El 0 qua ty v o ation? (See III. a.) October 1, 2007 Attachment 3 Page 2 of 18 3-34 Case # 06-005 Initial Study Checklist c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project, region is non-attainment.under an applicable federal or state ambient air quality ❑ standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? (See M. a.) d) Expose-sensitive receptors to substantial pollutant concentrations? (Source #2: The proposed residential subdivision has little or no El :potential for exposing sensitivexeceptors to substantial pollutant concentrations or odors. e) Create objectionable odors affecting a substantial number of people? (See'IIIA.) ❑ ❑ El 0 IV. BIOLOGICAL RESOURCES -Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any , species identified as a candidate, sensiti ve, or special status species in local or regional plans, policies, or regulations, or by the California- a El El N Department of Fish and Game or U.S. Fish and Wildlife Service? (Source #2: No sensitive plant or animal species were detected on the project site. Impacts would not-occur. b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional,plans, policies, regulations or by.the California El a E Department of Fish and Game or US Fish and Wildlife Service? (No sensitive habitat occurs on the project site. Impacts would not occur. c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.). through direct removal, filling, hydrological interruption, Q E] El Z or other means? .(Source #2: The project site does not contain wetland areas on-site and none are located adjacent to the property. Impacts would not occur. d) Interfere substantially with the movement of any native resident or migratory. fish or wildlife 'El El species or with established native resident or Page. 3 of 18 3-35 Case # 06-005 Initial Study Checklist nugratory wildlife corridors,. or impede the use of native wildlife nursery sites? (Source #2:.No features that function as a wildlife corridor occur on the project. site, due to the surrounding residential development.. Impacts would not be. significant.) e) Conflict with y lo l li . .an ca po cies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? {Source #1, 3; The project would comply with all applicable ❑ ❑ provisions provided by the City's General Plan. Impacts would not occur. f) Conflict with th i io . . . e prov s ns: of an adopted Habitat Conservation Plan, Natural Community . Conservation Plan, or other approved local, . re ional or t t h bi g , s a e a tat conservation plan? (No such conflicts,would occur:) V. CULTURAL RESOURCES - Would the project: a) Cause a. substantial adverse change in the Significance of a historical resource as defined in CEQA Guidelines 15064.5? (Source #2: The project site does not contain b ildi El ❑ E any u ngs on-site . and impacts to a. historical resource would not occur: b) Cause a substa l d ti n a a verse change in the significance of an archaeological resource -pursuant to CEQA Guidelines.Section.15064.5? (Source #21: The project is not located in an ❑ ❑ area considered to contain cultural resources. . facts are note ected to occur. c) Directly or i di e tl d n r c y estroy:a unique paleontological resource or site or unique ol i f ? ge og c eature .(See V.b.) d) Disturb an hum n r i i y a ema ns, ncluding those interred outside of formal cemeteries? (See V.b.) 0 El 0 VI GEOLOGY AND SO . ILS - Would the project: a) Ex ose eo le st uc o p p p or r tures t potential substantial adverse effects, including the risk of loss; injury, or death involving: October 1,, 2007 Attachment 3 Page 4 of 18 3-36 3-37 3-38 October 1, 2007 Page 7 of 18 Attachment 3 3-39 Case 06-005 Initial Study Checklist Attachment 3 Page 8of18 3-40 Case # 06-005 less than significant.) Initial Study Checklist t in a substanti l d d io a egra at n of receiving wae uality during construction activities? ~ E 0 0 . #1, 2: See VIII. L se a land use o - . r. an on-site activity that ubstantially degrade receiving water ( Source #1, 2: See VIII. k) Substantiall incr e ll ' y eas any po utant for which a tributary water body is listed on- the`Clean Wa c S ter A t Section303(d)Ist?.( ee VIII, g.) Q . E 1) Substantiall de rad A . y g e.sur ce water quality within wetland, fresh, marine, or recreational waters? (Source #1, 2: The project.site is not l ' El 1z ocated near a wetland or recreational waters. As such, no ' acts would occur. m) Substanti ll d l t und a a y ep e e gro w ter supplies or interfere substantially with groundwater recharge. such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level.'(e.g., the production rate of pre- existing nearby wells would drop to a level which El 0 would not support existing land uses or planned uses for which permits have'been granted)? (Source #2: The project would not:utilize groundwater. No impacts would occur.) n) Substantially de r de o nd g a :gr u water quality? (Source #1, 2: The, project would provide BMPs in compliance with the City's Storm Water and, Grading ordinances and proposed conditions of approval. Implementation of these uniformly El El applied standards would avoid substantial impacts to groundwater quality during and after construction. 1X LAND USE AND PLAN G . NIN - Would the project; a) Ph sically di id a abli . y v e n est shedcommunity? (Source #1: The project site and "adjacent properties are located within an area.designated for residential'development, No-sucheffects El El El would occur with project implementation.) October. 1, 2007 Attachment 3 Page9of18 3-41 Case # 06-005 Initial Study Checklist b) Conflict with any applicable land use .plan, policy, or regulation of an agency with jurisdiction over the-project. (including, but not limited to the general plan, specific plan, local coastal program, or zoning. ordinance) adopted El 1Z for the purpose of avoiding or mitigating an environmental effect? (Source #1,,2: The project would comply with all pertinent planning documents and impacts would not occur. c) Conflict with.any applicable, habitat conservation plan or natural community conservation plan? (Source # 1; #3: Not Ell 'El applicable.) X. MINERAL RESOURCES - Would the project: a) Resultin the loss of availability. of a laiown mineral resource that would be of value to the .region and the residents. of the state? (Source # 20: The project'site is within an NYIRZ-3 zone, which. indicates that the significance of mineral deposits cannot be evaluated with available data. Significant impacts would not occur. b) Result in the loss of availability of a locally- important mineral resource recovery site delineated on a local general plan, specific plan u or other land use plan? (See X a.) XI. NOISE - Would the project result in: a) Exposure of persons to or generation of noise levels in excess of•standards established in the local general plan or noise ordinance, or applicable standards of other agencies? (Source h ❑ #1, 4:. T e project would comply with all 1 applicable noise standards for residential. development as listed in the municipal code. As such, impacts would beIbss than si cant. b) Exposure of persons to or generation of excessive groundborne vibration or groundbome noise levels? (Source #2: Project implementation would not result in. significant groundborne vibration or groundborne noise level impacts.) c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? (Source #2: The project proposes a residential use within an exstin residential neighborhood; as such, a October 1.;2007 3-42 L October.1, 2007 Attachment 3 Page 11 of 18 3-43 expansion,of any recreational facilities.) Xv. TRANSPORTAnoN/TRAFFIC -Would the project: a) Cause an increase in traffic which.is substantial in.relation to the existing traflc. load and capacity of the street system (i.e., result in a substantial increase in either the number.of vehicle trips, the Q z volume to capacity ratio- on roads, or congestion at intersection's)? (Source #1,2,12,30: The' project would not result in an increase of traffic October 1, 2007 Attachment 3 Page 12 of '18 3-44 Case # 06-005 Initial Study Checklist volumes that is considered substantial in relation to existing traffic volumes, and a significant impact would not occur. b) Exceed, either individually or cumulatively, a level of service standard established by the ❑ county congestion management agency for desi ated roads or highways? See XV.a. c) Result in a change in air traffic patterns, including either an increase. in traffic levels or a change in location that results in substantial ❑ ❑ safety risks? (The proposed project would not result in a change to air traffic patterns. No impactwould occur.)d).Substantially increase hazards due to-a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (Source #2: Roadway improvements would be consistent with City street standards, therefore, the project would have no adverse effect on existing roadway desi features. e) Result in, inadequate emergency access? (Source::#1; 2: The project is subject to the requirements of the City's Emergency Operations 0 Plan and Fire Department standards. Impacts would be less than significant.). f) Conflict with adopted policies-, plans, or programs supporting.alternative transportation (e.g., bus turnouts, bicycle racks)? (Source #1, 2: The project would not conflict.with alternative trans ortation Plans.). XVI. UTILITIES AND SERVICE SYSTEMS -Would.the ro'ect: -a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? (Source #2: ne proposed project is consistent with the residential land use designated for the site by the Encinitas General Plan and would be served by the existing public sewer infrastructure that is consistent with RWQCB wastewater treatment requirements. Therefore, the project would result in a less than significant imnact.l Attachment *3 Page 13 of 18 3_45 Case # 06-005 Initial Study Checklist i t) Be served by'a landfill with sufficient . permitted capacity to accommodate the.project's solid. waste disposal needs? (Source #8:-The project is not of a scale that would significantly ® 0 impact solid waste services or facilities.) g) Comply with federal, state, and local tatutes and regulations related to solid waste? (Source #9: The project would comply with. the City Of El 0 Encinitas Municipal Code related to Solid Waste Management.) XVII. MANDATORY. FINDINGS OF SIGNIFICANCE - a) Does the project have: the potential to degrade the quality of the environment, substantially . reduce the habitat.of a fish or wildlife species, Attachment 3 3-46 Case # 06-005 Initial Study Checklist Attachment .3 Page 15 of 18 3-47 Case 06-005 Information Sources Initial Study Checklist 1. City of Encinitas, 1989 as amended. Encinitas General Plan and Local Coastal Program.. 2. City of Encinitas. Project application for TM/CDP/DR/EIS No. 06-005. 3. City of Encinitas, 2001. Draft Encinitas Subarea plan. 4. City Of Encinitas, 1,993. Municipal Code Chapter'9.32, Noise Abatement and Control. City of Encinitas, California. 5. City of Encinitas, 2002. Municipal Code Chapter 23.24. Grading; Erosion, and Sediment Control. City of Encinitas, California. 6.. CityOf Encinitas,1993.. Municipal -Code Chapter 30.40, Perforinance. Standards Relating to Noise, Toxic Materials, Drainage/Grading/Erosion Control; and Airborne Pollutants. City of Encinitas- California. 7. City of Encinitas, 1997. MunicipalCode Chapter 10.04, Uniform Fire Codes City of Encinitas, California. 8. City of Encinitas, September, 2000. Emergency Operations Plan. 9. City. of Encinitas, 1996. Municipal Code, Chapter 11.20. Solid Waste Management. 10. City of Encinitas, December, 2001..Municipal Code Chapter`64.08. Storm Water Ordinance. 11. City of Encinitas, February, 2005. Municipal Code Chapter 23.08. Design. Review. 12. San Diego-Association of Governments [SANDAL] 2002, Brief Guide to Vehicular Traffic Generation Rates for the San Diego Region. 13. Bowman, R. H. 1973. Soil.SurveY• San. Diego Area, California, Part I.. United States. Department of the Agriculture. 104 pp. + appendices. 14. San Diego County Air Pollution Control District [SDCAPCD], 2000. revised. "Regional Air Quality.Strategy." Prepared by SDCAPCD, San Diego, California. 15; California. Department of Conservation, Division of Land Resource Protection, Farmland Mapping and Monitoring Program. 2004. Sari Diego County Important Farmland 2004, 16. California Department .of Conservation, 1985. Landslide Hazard Identification Map No. 4. October 9, 2007 Case # 06-005 Initial Study Checklist 17. California Geological Survey, May, 1999.. City and Counties Affected by Alquist-Priolo Earthquake Fault Zones. Available at: << http://www.cons.rv,ca.gov/CGS/rghm/ap/affected.htm 18. California, State Building Standards Commission. Uniform Building Code. 'Chapter 18 Section 1809, Table 18-I-B-Classification of Expansive Soils. 19. FEMA and ESRI, March 2004. Hazard Information and Awareness. U.S. Flood Hazard Areas. Available at << http://www.esri.com/hazards/ 20. California Department of Conservation Division of Mines and Geology Special Report 153. 1983. Mineral Land Classification: Aggregate Materials in the Western San Diego County Production - Consumption Region. Rancho Santa Fe Quadrangle. Plate 12. 21. City ofEncinitas, July 6, 2007. E-Zoning Website. http://ezomng.cityofencinitas.org. 22; California Environmental Protection. Agency, D.ecember-6, .2006. Cortese List: Section 65962.5(a) http://www.cal6pa.ca.gov/SiteCleanup/CorteseList/SectionA.htm. 23. Vinje & Middleton Engineering, inc., April 21, 2006. Preliminary Geotechnical Investigation,. Proposed 18-Lot Subdivision, Balour Drive and Melba Road, Encinitas, California: 24. Vinje & Middleton Engineering, Inc., December 1, 2005. Modified Phase I'ESA Report, Ades and Gish Nurseries. 25. Vinje & Middleton Engineering; Inc., January 23, 2006. Phase II Environmental .Site Assessement, Ades and Gish Nurseries: 26. Vinje & Middleton Engineering, hic., May 26, 2006. Addendum Environmental Site Assessment, 875 Balour Drive and 1150 Melba Road. 27.`Vinje 8c Middleton Engineering, inc:, August 7, 2006. Workplan. for Remedial Action, Ades and Gish Nurseries: 28. Vinje & Middleton Engineering, Inc., August 28, 2006. `Health and Safety Plan, Ades and Gish Nurseries. 29. Pasco Engineering, Inc., July 11, 2007. Hydrology Calculations for 1150 Melba Road, 18-lot Subdivision 30. Urban Crossroads, Inc., April 25, 2006. Trip Generation Comparison Letter Report for the Gish Property Residential Development. October 1, 2007 Attachment 3 Page 17 of 19 3-49 Case # 06-005 Initial Study Checklist All above documents are on file and available for review at the City of Encinitas Planning and Building or Engineering Services Departments, 505 South Vulcan Avenue, Encinitas, California. Attachment 3 3-50 Exhibit ``PC-6" Citizen's Participation Plan (CPP) Final Report Case No. 09--141 DR/CDP February 17, 2011 3-51 January 27, 2010 L W E F, C u City Of Encinitas r.-__ 1I it Planning Department 505 S Vulcan Ave FEB 3 l Encinitas, Ca. 92024 I CITY Or ENCINITAS OCEAN OAKS VILLAGE CASE # 09-141 The following is a summary of the Citizen Participation Meeting for Ocean Oaks Village held Saturday, January 16 at 1150 Melba Road from 10:00am to I1:00am. In attendance were Lawrence Holland (owner), Nancy Keenan (architect), Jim Jackson (Project Manager). 15 neighbors signed in. Design issues discussed: 1. Noise of the children being heard during the day. Landscaping and fencings were ideas discussed to help. 2. Privacy for both the Church and Community. -Landscaping and fencings were ideas discussed to help. 3. Lot size and Homes size. -1t was mentioned that some of the homes were bigger than average as compared to the current neighborhood. It was agreed that is some houses may be bigger than some in the neighborhood, but all are well within the maximum allowed and typical size for Encinitas. 4. Parking. - Citizens wanted to make sure that guest parking was sufficient. It was explained that all houses have two plus car garages and space to park two more cars in driveway in addition to street parking. Other non-design review issues discussed: 1. Timing and operation of removal of dirt and old green house material and the safety of such activity. It was explained that this issue was previously discussed and investigated in length by private and public agencies including the City of Encinitas and the Department of Environmental Health (the governing body) and that an approved DEH work plan was is place with the safe guards necessary to insure public health. 2. Possibly coordinate scheduled removal of dirt and green house material with Church schedule 539 South Cedros Avenue Solana Beach, CA 92075 WWW.dahlingroup.com 858.350.0544 f 858.350.0540 3-52 s .3.b~+u'~~i. it* 3. Traffic consideration during the day: It was discussed that the additional traffic calculated out to be approximatlyl0 at beginning and end of each day and was not significant. .4. Discussion about future expansion of the Church with possible view blockage to homes adjacent to Church property. 5. Concern was noted about the residence who would occupy the low-income aspect of the project. It was explained that there is a very strict procedure by the City on who is eligible to buy or rent theses homes. Submitted by: Jim Jackson Project Manager Dahlin Group Comment, sign-in sheet and letter provided by church attached 539 South Cedros Avenue Solana Beach, CA 92075 www.dahlingroup.com 858.350.0544 f 858.350.0540 3-53 SIGN-IN-SHEET PROJECT: Ocean Oaks Village CASE NO: #09-141 NAME ADDRESS SIGNATURE I RECEIVED I DID NOT LETTER IN MAIL RECEIVE LETTER T L t U 1 I ❑ Ill I 3 I tti1 I ❑ ,t o _ ref ❑ isr•~a•. 227 ~ ~ 0 ❑ fi - ❑ ❑ A L..awa ~«HI 31.2 ' i 539 South Cedros Avenue Solana Beach, CA 92075 www.dahlingroup.com 858.350.0544 .0. f 858.350.0540 3-54 I COMMENTS PROJECT: Ocean Oaks Village CASE NO: #09-141 1. Do the documents and presentation clearly identify the scope of the project? Y/N If no, please describe areas requiring clarification. 2. Do you have any other issues or concerns requiring further review? Y N If yes, please explain. wrrrG~ ~~ar~c p~ ,.v Ixoi 14 wive J i C (~jtlL-P Al q~ ~ D ~ b ~G~ ~icc~~ ~~~-tsc ~l~'u c.~i~'' . NAME:.' c~ ~S -17. 4(12 fJ D L' (Please Print) ADDRESS: 'C ~`i z All j y -f ~11/r✓jc,,J L 14 1-~1~, .1 539 South Cedros Avenue Solana Beach,. CA 92075 www.dahlingroup.com 858.350.0544 f 858.350.0540 3-55 ehem Lutheran Church and Earlg Childhood Center The Mission of Bethlehem Lutheran Church is to announce boldly the love of God through Christ January 16, 2010 REGARDING THE PROPOSED DEVELOPMENT OF THE OCEAN OAKS VILLAGE PROPERTY Dear SENOJAC, Dahlin Group Architecture and Members of the City Planning Commission, As the owner of the largest property adjacent to the proposed development, and with a fulltime. preschool and daycare center on the premises for 35 years, we feel there are several issues that should be considered: 1. Addressing soil contamination due to the pesticide Dieldrin and other contamination sources. a. Air-borne particulates from grading and digging pose a significant threat to. the health of our preschool aged children whose playground-is directly adjacent to the development. b. We feeLthat the proposed plan is inadequate in addressing this hazard with, only exposed areas being "covered at.night" and the use of "dust 04ppressio "during the -day.. c. A major issue for both children and their concerned parents, we;propose that more stringent safeguards be applied in any movement or removal of soil as well as airborne contamination monitoring throughout the grading and construction phase, 2. Short-term, construction-related noise; -dust, traffic and parking. a. Given the proximity of.an. active preschool and day care, there needs to`be. attentiveness to the timing of construction during a typical day 'that is sensitive to children playing outdoors.at recess, napping, and the traffic congestion and parking of the dtop=off and pick-up. of children.' 3. Long-term, interaction with the school and the church: a. The proposed house designs, placement and landscaping: should anticipate the noise of children outdoors. during the day. The homes that face the church and school should incorporate, in their actual construction, noise mitigation measures such as sound control fenestration and in-wall sound barriers. b. Given the current development plan, there 'is concern that there is not adequate visitor parking for the proposed homes. c. Privacy of the children while they are. outside should be .considered: d. Growth of church buildings is to be expected given the current conditional use permit that includes multi-story buildings that would affect the view of the proposed homes next to the east side of the church property. e. Seeking to ensure. the safety of the children the type of low-income housing is a concern to us. Will it be a transient population or long-term residents? 925 Balour Drive; Encinitas, California 92024 760.753.1026 • Fax 760.753.5759 Email info@blcenc.org www.blcenc.org bUTH A u Ld ~'~n i AMER~ Exhibit "PC-7" Project Action Log Case No. 09-141 DR/CDP February 17, 2011 3-58 Case No. 09-141 DR/CDP Project Action Log Date Action 9/21/09 Application submitted 9/28/09 Project routed 10/21/09 Incomplete letter sent to applicant 12/17/09 Received revised plans, routed them. 1/25/10 Sent out incomplete letter for outstanding items not received. 2/3/10 Received completed CPP 2/23/10 Plans resubmitted 3/23/10 Sent out Issue-identification letter 516110 Forwarded water efficient landscape requirements to owner/applicant 7/7/10 New owner purchasing project Warmin on Residential 7/28/10 Rec'd email to confirm ownership change from former owner 10/27/10 Met with Warmin on Residential 11/3/10 Met with Warmington to discuss project design 11/17/10 Met with Warmington to discuss details on project 12/2110 Project resubmitted 12/3/10. .Project routed 1/3/11 Sent Issue-Identification Letter to a licant 1/10/11 Applicant revised December 2, 201.0 plans. 1/25/11 Scheduled for February 17, 2011 PC meeting. 3-59 Exhibit ``PC-8" Application and related materials Case No. 09-141 DR/CDP February 17, 2011 3-60 /i CITY OF ENCINITAS DISCRETIONARY PERMIT APPLICATION A-1 PLANNING AND BUILDING DEPARTMENT 505 South Vulcan Avenue Application No. n "co Encinitas, California 92024 Date of Application: (760)6**-27l0 Community Area: C~Lp Appointment Required Prior to Submittal APPLICANT NAME: y l , LLe- PROJECT ADDRESS: S -l j a D APN: 2-S1'-~ PLANNING AND BUILDING DEPARTMENT USE ONLY FEE APPLICATION TYPE (check all that apply) El Amendment Authorization by Council (AM)........ Code (PZ) Amount 'El PZ Annexation (AN) Coastal Development Permit (CO) Appeal Zone? Y. PZ ❑ N❑ El Comprehensive Initial Study (in-house) (IS)....... PZ ❑ Conceptual. Revlew- Planning Commission (CR) . ❑ Comprehensive initial Study: Contract Admin (IC),. i~ Design Review Planning Commission (<2500 Sg Ft) (D1) PZ Design Review Planning Commission (2501-10K Sq Ft) (D2) ""'PZ"" L-J Design Review Planning Commission (>10K Sq Ft) (D3) .........PZ Design Review Modification - Planning Commission (DP) 0%) ❑ EIR's: Contract Admin (EC)......... Environmental Review Exemption (EX) PZ ❑ Geotechnical Letter Report Review (LT) , u, Geotechnical Review:Contract Admin (GC) PZ PZ Major Use Permit (MA) PZ Major Use Permit Modifications (UA) - PZ ❑ Parcel Map Waiver (MW) . Planning Commission / City Council Interpretation (IN) . Resolution Amendments (RA) Technical Studies: Contract Admin (TC),... . PZ ❑ Tentative Map with Density Bonus (TMDB) - -Z Tentative Map Modification (MM)... . ❑ Tentative Parcel Map (2-4 lots) / Modification (TP) El Tentative Subdivision Map (TM) . Z. El Variance - Panning Commission / Other (VO) PZ. ❑ Variance - Planning Commission / SFR (VS) El Violation (VI) PZ. . El Wireless Review: Contract Admin (WC) . Z. DEPOSIT APPLICATION TYPE (check all that apply) C1 General Plan Amendment (no vote required) Finance- Code Amount General Plan Amendment (vote required) . •••PD , . - ❑ Specific Plan El Zoning Code Amendment. ❑ EIR Consultant Deposit..... _ ❑ Geotechnical Consultant Deposit,.... ❑ Technical Studies Consultant Deposit ❑ Wireless Consultant Deposit EN ...PD. GT PD TS ....PD W F PD Total Due: Receipt: Check: Date: - Cashi rASHIER USE ONLY Total Paid: 3-61 is\bapt\Revised Copy of CD A-lAPP(web version) (Last Update: 28-Jul-o9) Please complete the following: Application No.: Project Name: `J' 1~ Ct $ c r t~i f ,lj Project Address: 1/ SW ,mil j G( APN: 2 5 2 - I a U - /9 Between And APPLICANT (Street) (Street) L/ Name: t (Last, First, Middle Initial or Firm Name) Phone: ~6 2 6i:5 Email: Fax:_- 7i U ` Z , f 11 V v %.1 Address: 3 6 ~a !w1 Ilk, CA4 ' City: 06 S tv wuri ti, State: Zip:. Cf -2 ( 2 6 OWNER(S) Name: W, /.0.41- KA C d y► 4 (Last, First, Middle Initial %1-irml a Phone: 7 I q Y S7 - Email: _ ~iLovi1 1 35< S~3 f Address: -30 YV L j& c- 'd-V2 City o s la '44S 4 State: _Zip: ~f 2 2 ENGINEER / AR HITECT Name: ts~ fJ i Last, First, Middle Initial o Firm ame Phone: ' _ ,~0 - t?, T4 Email: 50t o, FaAN 3, Address: / S G0 o V r- City: ct c~~i•r1 ,Q,ei, c~ State:_ Zip: L D 7;5 *PLEASE ATTACH A DESCRIPTION OF THE PROPOSED USE / PROJECT TO THIS APPLICATION. I acknowledge that an application for a tentative map or tentative parcel map -is not deemed received pursuant to Government Code 65920 et seq. until environmental review is complete. All other application types are not, deemed received until responses from interested agencies are received by the City. I understand that if the project or any alternatives are located on a site which is included on any of the Hazardous Waste and Substances lists compiled by the Secretary for Environmental Protection pursuant to Section 65962.5.of the Government Code, then a Hazardous Waste and Substances Statement must be submitted with this application. (Information that must be included in this statement can be obtained from the Planning and Building Department) I further understand that all fees and deposits submitted with this application will be refunded only as provided for by the ordinances and regulations in effect at the time of the ~plicat~ submitta ,7 l. ~ A Please Print or Type Signatory's Name letter of authorization) Date 3-62 I:\BAPT\Web Masters\Disc-lpp'.doc Last Update: 9/13/2010 APPLICATION SUPPLEMENT CITY OF ENCINITAS PLANNING.AND BUILDING DEPARTMENT _ Design Review TM/TPM . MUP/MIN Variance Other: Application No.: f a. building sq. ft. /,f~/!i s tO ~t7fj~. L garage sq. ft. 6 7 9 b. exterior matenal/color S fu C C c, ,Dc,1 k ,Qua f~ C. window materiaUcolor___ d. door material/color C ate, os tvf.e~,~ ~o~Q vlnyL S e h,,L ~r e. roof material/color C` cs tiC f. -/,0- 6 $ Landscaping Percentage g. Standards: DENSITY Density Range Mid-Range Net lot area Lot Width Cul-de-sac lot width Panhandle lot width Lot Depth Front Yard Setback. Interior Side Yard Setback Exterior Side Yard Setback Rear Yard Setback Lot Coverage Building Height Off-Street Parking FAR CODE REQUIREMENTS ~S 0 F 30'`r f ~ i P2 0 1- 1 ©o 0- 25 to T i, r-r 3!3 % 0)137. rl C4 PROJECT 3, 7 v A- i s 6 S 3 Wet 30 Ft S~ rCM ~~J V aw ~ f S ~o Fr UuieS I=\BAPT\Web Masters\Disr--App.doc 1. Project Description. (Describe proposed project. Describe what you are reauestinol_ Application No.: Community Area (tic ,v Jcil J .M u c-d 73.atoug- State Coastal Zone? ❑ Yes ❑ No Number of Proposed Residential Units: Attached Detached 7 Number of Lots I Acres: Gross Net _ Related Case?: Yes ❑ No If yes, provide previous Case No. 06 - 006" 7-114 D l CD/O Are there any slopes of a 25% or greater gradient or bluffs on the site? ❑ Yes pr No 2. Existing Conditions.' (Describe the existing conditions of the site: i.e., topography, road/alley conditions, access, vegetation, structures, fencing, lot size, drainage and the like). T hr:, glLo ; J.~Q-J s; ie Is h i5 A /,,.c/ Is at 2r v1 16 v s r . xis r~s Gn. - ! ~ s 5 u -e d h ~I~f-e.~ice►aa~~.u~. al u I -e s of o-V l y Ir G„ w a s T-" cj-AQ C~ C C .,z S S /v C.4 ~Iaa CP-- 114-t4b 4 c-L,.d aCc /o v y1 t 10 S tk i~ c. cm s i s s ITT G 7 -C a, fL.0. O- S, c~ ~x x" tid &o u 4,t GWd Lit -e G I S 1 -ri5 1" • 4iw C a ifi~ W a d rJ~ cYt.~ /Uy i~ ev~-r d';, Ca/YI- (J~-C~t C.) 2., 5 C(. A 3. Surrounding Conditions. (Describe the surrounding conditions: .i.e., existing structures and relationship to project, # of units, lot sizes, vehicular access, topography, use type and the like). S UX-40-0 ,L~• nr NF N ox.kn©vCS e-OA1 Si S Ki Anu/1•' -✓J/Lo t, c f, T ~o w d ~ ~ "►m • ~K•~. ~ u rL/LV c1 n.r~ i ti.~ C d ~v c,C i ~ ~ .t.3 I;\BAPT\Web Masters \Disq-App.doc `t Tact Ilruiaf•n- A/1*a I'min 3-64 Application No.: General Plan Desi nation Zoning Designation . Existing Use Subject. Parcel: 3 i k North: S South: S {2 s, d~ ti a East: / 3 s e . West: A31, 6 4. Project/parcel history. (Describe any past actions taken on this site or project or any other actions taken on development of the site.) 1 i l4 G; 0-(--A v s r-' u. Q.A CL . It i C v - r go u." I -V 5S s ec.►.~ cL v .rz U( j -C Vt u 1 /0 3-65 I:\BAPT\Web Masters\Disc Ann.doc Application No.: *5. Project Design. (Describe the design of the project and how it relates to the subject property and adjacent properties and uses). r IS, an 4:5 -f- o k.c s ~ r Cu Co I/ Id fKC.- 3 Au /,x, 4, -~I a Ike"* i's COK S ~'S 04 U, i PA 4-6 g- GAS, .Qy 1u. r/ILf.Si iGQFotll 1` .GIZ II^ yr L /J /1-aN0S ~-QS `J CAII d,-Y 5 5~c✓L`~ U, l, 1~2cc i Lo is w ce,, 0. L w t23 ' s /'.v e 1 n eA C9-(1) c-1-k c~-d J'w 0 g o14 104.4 .uz►~2~ v~~ ►~•:r S U Ktto-wA'J gal o f~ i S ri h r 0-J l~ S tl~.l~ ctc f~R.vc~ /2- S' vlo~ g~+t+,~S C"L ; S H' ief 5 CAIV J-V a ov *6. View Preservation. (Describe what views are being maintained on adjacent properties and those that may be impacted by this project.) t -C C. T ( S d.C i C-k _ C1 !z ! CJ C u.l~ ~ u+~ ~ 1 p r r - l/ U a it c.~ G~ g 1'fZ/rr T /Z~Jf~ ~i~i/Lccca I&S pen v ~ s i- co 0--k La $ V K i f L u r1- i. t' C -L 4 U S /t2 V v w NOTE: Items with an-asterisk may not be appropriate for all applications. "If you have questions regarding applicability, to your project, please discuss with Planning Department staff. 3-66 I:\BAPT\Web Masters\Disc_App.doc Square Footage Summary First Floor (S q. Ft. Second Floor (S q. Ft. Options (S q. Ft. Total (S q. Ft. Garage (S q. Ft. Lot 1: Plan 3 M 1954 2078 4032 767 Lot 2: Plan 4 SB 2124 1997 4121 766 Cabana Option: 254 4375 Lot 3: Plan 2 M 2986 2986 508 Lot 4: Plan 3 SB 1941 2038 3979 767 Lot 5: Plan 4 M 2131 1999 4130 766 Cabana Option: 254 4384 Lot 6: Plan 2 M 2986 2986 508 Lot 7: Plan 4 M 2131 1999 4130 766 Cabana Option: 254 4384 Lot 8: 1 SIB 2750 2750 508 Guest Suite Option: 224 2974 Lot 9: Plan 4 M 2131 1999 4130 700 Accessory Guest Suite: 520 4650 Lot 10: Plan 4 SIB 2124 1997 4121 766 Cabana Option: 254 4375 Lot 11: Plan 3 SB 1941 2038 3979 767 Lot 12: Plan 1 SIB 2750 2750 508 Guest Suite Option: 224 2974 Lot 13: Plan 3 M 1954 X078 4032 767 ' Lot 14: Plan 5 SIB 700 890 1590 400 Lot 15: Plan 5 SB 700 890 1590 400 Lot 16: Plan 2 M 2986 2986 508 Lot 17: Plan 4 SB. 2124 1997 4121 766 Cabana Option: 254 4375 Lot8: Plan 3 M . 1954 -2078. 4032 767 Architectural Styles: Santa:Barbara (SB) Mediterranean (M) 3-67 Application No.:. PLANNING AND BUILDING DEPARTMENT CITY OF ENCINITAS 505 South Vulcan Avenue Encinitas, California 92024 (760) 633-2710 EVIDENCE OF LEGAL PARCEL Applicant's Name lllC ;•Y~, 1 i jua Telephone Mailing Address 0 9~_d 4ll City- n S r~.~ S State_ Zip 2 You are required to supply documentation that this.property constitutes a legal parcel before the City can accept for filing any discretionary permits. This form and associated evidence will be reviewed by the Planning and Building Department upon submittal of your application. A request for a Certificate of Compliance must be filed concurrently with or in advance of. this application if the evidence presented is insufficient to determine this parcel as being a legal lot or determination will require substantial time to research. If determined that the property is not a legal lot, no permit or other approval may be granted until corrective action has been completed. Fees and deposits submitted with this application will be refunded only as provided for by the ordinances and regulations in effect at the time of the request. Book 2 F ?I Page / ~ 0 Parcel z ~v Date 3-68 I:\BAPT\Web Masters\Disc App.doc Last Update: 4/13/2010 (Please Print or Type Signatory's Name) Application No.: 0 . CITY OF ENCINITAS DISCLOSURE STATEMENT APPLICANT'S STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL, PLANNING COMMISSION, AND ALL OTHER OFFICIAL BODIES. The following information must be disclosed: 1. List the names of all persons having a financial interest in the application. List the names of all persons having any ownership interest in the property involved. 2. If any person identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. 3. If any person identified pursuant to (1) above is a non-profit organization or a trust, list the names of any person serving as director of the non-profit organization as trustee or beneficiary or trustor of the trust. 4. Have you had more that $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees, and Council within the past twelve months? ❑ Yes 0 No If yes, please indicate person(s). PERSON is defined as: "Any individual, firm, copartnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, this and any other county, city and county, city, municipality, district or other political subdivision, or any group or combination acting as a unit." (NOTE: Attach additional 1pages as nece AaL" ' t V e Appl Date J 4L ~ Print or type name of applicant 3-69 1;\BAPT\Web Masters\Disc_App.doc Last Update: 4/13/2010 Case / Permit No.: CITY OF ENCINITAS STORMWATER QUALITY CHECKLIST AND CERTIFICATION SW All development projects proposed within the City of Encinitas are required to implement stormwater quality measures in accordance with the Encinitas Stormwater Manual. The intent of these requirements is to promote practices and project designs that improve the quality of runoff and protect our local oceans, creeks, and lagoons from the harmful effects of polluted runoff. The Encinitas Stormwater Manual meets State-mandated requirements established by Regional Water Quality Control Board Order No. 119-2007-0001 (San Diego Region Municipal Stormwater Permit). For a more detailed description of the City's stormwater requirements, refer . to the Encinitas Stormwater Manual on the City website (www.CityofEncinitas.org). The manual provides detailed, step-by-step guidelines on how to plan for, design, construct, and maintain stormwater treatment features. Other City stormwater-related resources available on the City's website include: 1. Municipal Code Chapter 20.08: Stormwater Management 2. Municipal Code Chapter 23.24: Grading, Erosion, and Sediment Control This checklist is designed to guide applicants in the determination of the stormwater quality designation of the project and the design of appropriate stormwater quality features. Projects may be designated as 1) Priority, 2) Standard, or 3) Exempt projects. At a minimum, all projects are required to provide designs and employ practices that minimize the potential for discharge of pollutants into the City's storm drainage system or local receiving waters, as outlined in the Requirements for All Development Projects below. Requirements for ALL Development Proiects All development projects (including Exempt Projects) must include a minimum set of control measures to reduce.the discharge of stormwater pollutants to the maximum extent practicable. All projects must include: Q Implementation of Best Management Practices (BMPs) to control potential pollutant sources. 0 Inclusion of Low Impact Development (LID) features that minimize the water quality impacts of the project. 0 Compliance with requirements for construction-phase controls on sediment and other pollutants. In addition, all projects must design and install drainage features so that runoff from impervious areas (such as rooftops, parking lots, and driveways) drains through pervious or vegetated areas for treatment before draining to public or private streets or storm drainage systems. No 'Directly Connected Impervious Area (DCIA) will be allowed on any development project (Encinitas Municipal Code Section 23.24.120). For more information about prohibited DCIA practices and the stormwater runoff requirements for all projects, refer to the Encinitas Stormwater Manual.' Beyond the minimum Requirements for All Development Projects listed above, the stormwater quality measures required for a particular project differ based upon the nature' of the proposed development. Step 1 (Tables I and 11 below) is designed to assist you in determining the appropriate stormwater quality designation for your project. An overview of the method for determining the designation is included in the flowchart on the next page. SW Checklist last modified. 3117110 Page 1 of 8 3- 70 Case / Permit No.: FLOWCHART: DETERMINATION OF THE APPROPRI I Does the proposed project occur on previously developed land? The proposed project is a Redevelopment Project. Please follow dashed arrows in flowchart below. Does the proposed project create, No - add, and/or replace 5,000 sf or' more of impervious surface? NO The proposed project is a New Development Project. Please follow solid arrows in flowchart below. 1 Does the proposed project meet any.of the definitions listed in Table I? YES Does the proposed project generate pollutants above background levels and disturb one acre or more of land or does the project otherwise have the potential threat to pollute water quality? Does proposed project result in an increase or replacement of 50% or more of the existing impervious surfaces within the development? YES The project is a Priority Project and the 50% rule applies. See the Encinitas Stormwater Manual. The project is a Priority Project and the 50% rule does not apply. See the Encinitas Stormwater Manual. YES The proposed project is a Priority Project. See Encinitas Stormwater Manual, Does the project include any features listed in Table II? YES YES No The project is a.Standard Project. See the Encinitas Stormwater Manual. The project is an Exempt Project. See "Requirements for All Projects" in the Encinitas Stormwater Manual. SW Checklist last modified.• 3117110 Note: This flowchart should be used as a guide to aid in the completion of the City of Encinitas Stormwater Checklist and Certification. For complete details regarding stormwater treatment requirements for development projects, refer to the Encinitas Stormwater Manual. Page 2of8 3-71 Case / Permit No.: STEP 1: DETERMINE STORMWATER QUALITY DESIGNATION Stepl is designed to assist you in determining the appropriate stormwater quality designation for your project. Step 1A: Determine Development Twe and Priority Project Cate-gory Applicability The first step in assessing the appropriate stormwater designation for your project is to determine whether it is a New Development Project or a Significant Redevelopment Project according to the definitions below. New Development Projects are defined as projects proposing new impervious area on a previously undeveloped parcel. Significant Redevelopment Projects are projects on previously developed land that create, add, and/or replace 5,000 square feet (s.f.) or more of impervious surface. Replacement of impervious surfaces includes any activity that is not part of a routine maintenance activity where impervious material(s) are removed, exposing underlying soil during construction. Redevelopment does not include interior remodels, roof or exterior surface replacement; trenching and resurfacing associated with utility work; resurfacing and reconfiguring surface parking lots and existing roadways; new sidewalk construction, pedestrian ramps, or bike lane on existing roads; and routine replacement of damaged pavement, such as pothole repair. However, other requirements, including incorporation of appropriate source controls, still apply. If your redevelopment project is exempt, the project is still obligated to meet the Requirements for All Development Projects, to the extent practicable. The City of Encinitas will make the final determination as to whether a proposed project is exempt from the requirements detailed in the Encinitas Stormwater Manual. If your project meets one of the two definitions of development listed above, use Table I to determine if your project is a Priority Development Project. Table l: Determine if Project is a Priority Development Project Review each category A through J to determine whether the project meets the definition of the Priority Project categories. If any response in Table I i "Ye " one or more of s s , the project is a Priority Project; please continue to Step 3. If all responses are "No", please continue to Step 2B. Development Does the project meet the definition of one or more of the following categories? A Housing subdivisions of 10 or more dwelling units. Examples: single-family homes, multi-family homes, condominiums and apartments Yes No , . . Commercial-greater than one acre of development. Any development other than heavy industry or residential. Examples: hos itals l b 0 p ; a oratories and other medical B facilities; educational institutions; recreational facilities; municipal facilities; commercial nurseries; multi-apartment buildings; car wash facilities ini ll Yes No ; m -ma s and other business complexes; shopping malls; hotels; . office buildings; public warehouses; automotive dealerships; airfields; and other light industrial facilities. Heavy industry-greater than one acre of development. Examples: manufacturing C plants, food processing plants, metal working facilities printin lant d fl Yes No , g p s, an eet storage areas bus, truck, etc,). Restaurants, Any facility that sells prepared foods and drinks for consumption., including stationary lunch counters and refreshment t d l s an s se ling prepared foods and drinks for D immediate consumption (SIC code 5812), where the land area for development is greater than 5 000 Yes Ng , square feet. Restaurants where land development is less than 5,000 square feet shall meet all SUSMP requirements except for structural treatment BMP ❑ I7S and numeric sizing criteria requirements and h dromodification requirements. SW Checklist last modified. 3117110 Page 3 of 8 3-72 u iv di iswer io one or more of the categories in Table 1 is "Yes", the project is a considered Priority Development Project for stormwater quality. The project will be required to install Source Control measures, .Low-Impact Design (LID) features, and Stormwater Treatment Facilities that meet specific criteria. Proceed to Step 2 and use the Encinitas Stormwater Manual for guidance on meeting these requirements. If all answers in-Table I are "No", proceed to Step 1 B. Step 1 B: Determine Proiect's Water Quality Sensitivitv Development projects have the potential to contribute pollutants that could threaten local and downstream water quality. Review the following project categories and determine whether your project meets either one of these definitions. Pollutant Generating Project Which Disturbs One Acre or More of Land. Projects that generate pollutants at levels greater than background levels and disturb one acre or more of land are considered Priority Development Projects. In most cases linear pathway projects that are for infrequent vehicle use (such as emergency or maintenance access) or for pedestrian or bicycle use are not considered pollutant generating above background levels if they are built with pervious surfaces or if they allow runoff to sheet flow to surrounding pervious surfaces. All-Develop i ment Projects with Potential Threat to 'Pollute. Some projects-not meeting the definitions listed in Table I may-still be designated as Priority Projects if they are found to cause a threat. to water quality through excess pollution potential. The City of Encinitas has the discretion to designate a project not listed within Table I as being a Priority Project based on the project's potential impacts to stormwater quality. If your project meets either of the categories described above, the project is a Priority Development Project for stormwater quality and the 'project will be required to install Source control measures, LID features, and Stormwater Treatment Facilities. The City Engineer will make the final determination as to whether your project meets one of the definitions. Proceed to Step 2. and use the Encinitas Stormwater Manual for guidance on meeting these requirements. If your project does not meet one of the two categories listed above, proceed to Step 1 C to determine whether your project includes any features that are consistent with the Standard Project classification. SW Checklist last modified. 3117110 Page 4 of 8 3-73 Case / Permit No.: Step 2C: Determine Standard Project Feature Applicability Table II: Determine if Project is a Standard Project To use Table II, review A through J to determine whether the proposed project includes any feature that would qualify the project as a Standard Project. If the response to any feature in A through J below " " is Yes , the project is designated as a Standard Project. If all responses are "No", the project is an Exempt Project. After completion of Table II, please proceed to Step 2. Does the project include any features qualifying it as a Standard Project? New Impervious Surface Areas totaling 500 square feet or more combined and A , including any cumulative development over the five-year period preceding the time of Yes No application. Impervious areas include improvements such as rooftops, roads, ❑ parking lots, driveways, patios, pool decks, paths, etc. Reconstruction of any Existing Impervious Surface Areas such as rooftops, B roads, parking lots, driveways, paths, and sidewalks in excess of 500 square feet, Yes No including any cumulative development over the five-year period preceding the time of ❑ l application. C Permanent Structures within 100 feet of any natural water body. Yes No D Trash Storage Areas. Yes No E Loading and/ or Unloading Areas for liquids and/or solid materials. Yes ❑ No 9, F Vehicle or Equipment Fueling, Washing, and/or Maintenance Areas. ❑ G General NPDES Permit Required for storm water discharges associatedwith Yes No industrial activities (except for construction permits) ~f ❑ H Commercial and/ or Industrial Waste handling or storage, excluding typical office Yes No or household waste. ❑ 1 Grading or ground disturbance proposed during construction. YeS No ❑ J Storm Drains including new storm drains as well as alteration to existing storm Yes No drains that reduce natural storm water treatment. 1 ?4 ❑ If the answer to one or more of the features in Table II is "Yes", the project is a Standard Project for stormwater quality. The project will be required to install Source Control measures, Low-Impact Design Features, and some Stormwater Treatment Facilities. Proceed to Step 2 and use Chapter 4 of the Encinitas Stormwater Manual as a general guide when designing stormwater treatment facilities that will meet Standard Development Project requirements. The City of Encinitas will make the final determination as to whether a proposed project is exempt from the requirements detailed in the Encinitas Stormwater Manual. If the answers to all categories in Tables I and II are "No", and the project has beendetermined by the City of Encinitas not to be a• pollutant generating project or have the potential to pollute, the project is an Exempt Project for stormwater quality but is still required to meet the Requirements for Ail Development Projects. Please proceed to Step 2. SW Checklist last modified. 3117110 Page 5 of 8 3-74 Case / Permit No.: STEP 2: DETERMINE PROJECT SUBMITTAL REQUIREMENTS Requirements for Exempt, Standard, and Priority Projects are discussed in turn below. Engineering Services Department staff are available to answer any specific questions regarding the stormwater quality requirements. Please check the box adjacent to the project type determined in Step 1. ❑ Exempt Project: See Step 2A below. ❑ Standard Project: See Step 2B below. ❑ Priority Project: See Step 2C below. Step 2A: Determining Stormwater Quality Measures for an Exempt Project. Exempt projects are not required to install new Stormwater Treatment Facilities but shall utilize existing on-site landscape and pervious areas to avoid Directly Connected Impervious Areas (DCIA) as outlined in the Requirements for All Development Projects. section above and in the Encinitas Stormwater Manual. In addition, Exempt Projects, like all other projects, are required to comply with requirements for construction-phase controls on sediment and other pollutants. Please proceed to Step 3. Step 26:. Determining Stormwater Quality Measures for a Standard Project. Standard Projects are obligated to conform to the Requirements for All Development Projects outlined in the previous section as well to as integrate some BMP or LID features into the project proposal. BMP and LID features should be designed using Chapter 4 of the Encinitas Stormwater Manual as a general guide and then depicted on the plans for the permit. In addition, based on the types of BMPs or LIDs proposed, the City may require that a maintenance agreement be developed. Please proceed to Step 3. Step 2C: Determine Stormwater Quality Measures for a Priority Project. Priority Projects will be required to install Source Control measures, Low-Impact Design (LID) features, and Stormwater. Treatment Facilitie.q that moat enot- ^ i ri+-;, - The 50%0 .Rule for Significant Redevelopment Projects Only: The requirements for Priority Redevelopment Projects differ depending upon the amount of redevelopment proposed. If the proposed project results` in an increase and/or .replacement of 50% or more of the previously existing impervious surfaces onsite, then the entire development must be included in the stormwater treatment design. If less than 50% of the previously existing impervious surfaces will be affected by the proposed project, then only the affected previously existing areas and the newly. proposed project must be included in the stormwater treatment design. After completing the steps outlined in the Encinitas Stormwater Manual, Priority Projects shall provide required documentation to the City, detailing the project's compliance with Priority Project standards. All documentation shall be :reviewed and approved by the City of Encinitas prior to issuance of a grading or improvement permit or prior to the issuance of any discretionary permit, at the direction of the City Engineer. At a minimum; the items below are required for stormwater facility documentation of Priority Projects. The City Engineer may pose additional requirements for certain projects. Upon review of the submittal requirements in Step 2C, please proceed to Step 3. SW Checklist last modified. 3117110 Page 6 of 8 3-75 Case / Permit No.: PRIORITY PROJECT SUBMITTAL MINIMUM REQUIREMENTS Priority Projects shall provide to the City all of the following documentation detailing the project's compliance. 1) STORMWATER QUALITY SECTION OF DRAINAGE STUDY: A Stormwater Quality discussion shall. be included as a separate section within the project drainage study and shall include a narrative as well as an exhibit. Minimum requirements for the narrative and exhibit are discussed in items (a) and (b) below. a) STORMWATER QUALITY NARRATIVE: The stormwater quality narrative in the drainage study shall discuss, at a minimum, the items listed below. i) Tabulation of the square footage of proposed pervious areas, impervious areas, and areas draining to an IMP. Also, a tabulation of the square footage of self-treating areas, self retaining areas, and areas draining to self-retaining areas, as applicable. (Step 3) 2) Calculations of the required sizing for self-retaining and Integrated Management Practice (IMP) areas and calculations documenting the sufficiency of the facilities provided. (Step 3) 3) A table of pollutant sources identified, and the source control measure(s) used to reduce pollutants to the maximum extent practicable. See worksheet in Appendix A 'of the Encinitas Stormwater Manual. (Step 4) b) STORMWATER QUALITY EXHIBIT: The Stormwater Quality Section of the drainage study shall contain one exhibit including all of the items listed below. The Stormwater Quality Exhibit must be in conformance with the Site Plan. The Stormwater Quality Exhibit shall include the Site Plan features screened into the background for ease of confirming agreement between the Exhibit and the Site Plan. 1) Division of entire site into distinct drainage management areas (DMAs), with each drainage management area assigned a unique identifier (e.g., 1, 2, 3 or A, B, C). (Step 1) 2) Square footage and types of surfacing (e.g., roof, landscape, pavement) included in each DMA and the total DMA square footage. (Step 1) 3) Hydrologic soil group and depth to groundwater (as applicable) for each DMA. (Step 1) 4) Each DMA labeled as self-treating, self-retaining, draining to a self-retaining area, or draining to an IMP. (Step 2) 5) Potential pollutant source. areas, including refuse areas, outdoor work and storage areas, etc. listed in Appendix A and corresponding required source controls. (Step 4) II) SITE PLAN: At a minimum, the Site Plan shall include the items listed below. A copy of the Site Plan shall be included in the Stormwater Quality Section of the drainage study. 1) Existing and proposed drainage network and connections to drainage off-site. (Step 3) 2) Depiction of site design characteristics that minimize disturbance as well as building features and pavement selections that minimize the proposed imperviousness of the site. (Step 3) 3) Proposed design of each IMP feature and any Permanent Source Control features. (Step 3) 4) Title sheet standard notes for each of pollutant sources identified specifying the source control measure(s) to be used to reduce pollutants to the maximum extent practicable. See worksheet in Appendix. (Step 4) 5) Existing natural hydrologic features such as depressions, watercourses, floodplains, relatively undisturbed areas as well as significant natural resources. (Step 1) 6) . The City of Encinitas Standard Storm Water Quality Notes shall be added to the site plan. 7) Certification by a civil engineer, architect, or landscape architect on the title sheet. (Step 6) III) MAINTENANCE AGREEMENT: In order to provide for the perpetual maintenance of the stormwater treatment facilities, the City will prepare for the property owner a Maintenance Agreement that shall record against the property. The items listed below shall be provided to the City for inclusion in the Maintenance Agreement. 1) Discussion of general maintenanc e needs for infiltration, treatment, and flow-control facilities. (Step 5) 2) The means by which facility maintenance will be financed and maintained into perpetuity. (Step 5) 3) Statement accepting responsibility for interim operation and mantenance.of facilities. (Step 5) 4) Plat and legal description of the property. $W Checklist Page 7 of 8 Iasi modified: 3117110 3-76 Case / Permit No.: STEP 3: STORMWATER PROJECT CERTIFICATION The property owner of any project (Priority, Standard, or Exempt) shall complete the following Owner's Certification. In addition, any agent completing this form on behalf of a client shall complete the Agent's Certification below. Owner's Certification: I hereby acknowledge that my project is subject to the stormwater quality regulations of the City of Encinitas and certify that my project will provide satisfactory stormwater quality measures both during the construction process and afterwards. If my project is designated as a Priority or a Standard Project, I further acknowledge my understanding that the permanent stormwater treatment features must remain in place, be inspected at least once annually, and be maintained in good working order. Removal or modification of these features without prior City authorization is prohibited. I certify that I have reviewed the information contained in this form and verified that it is both com ete a co re t. all 0 Owne 1 Signatu Date Owner 2 Signature Date Printed Name of Owner 1 Printed Name of Owner 2 Agent's Certification: I hereby. certify that this project will be designed in conformance with the stormwater quality regulations of the City of Encinitas. I certify th t I have reviewed the information contained in this form and verified that it is both co ete amd c%rr-r t /0 Printed Name of Agent 4to ' _6.'d Allf , Working Capacity of Agent (architect, engineer) Company Name Place Professional Seal Above SW Checklist last modified: 3117110 Page 8 of 8 3-77 CAL I({. RNIA December 2, 2010 City of Encinitas 505 South Vulcan Avenue Encinitas, California 92024-3633 Re: Authorization to Sign TTM #06-005. #06-111, #06-112 To Whom It May Concern (Todd Mierau, Planner): Please accept this letter as authorization for Chuck Isbell to sign any and all documents within all departnnents in the City of Encinitas relative to TTM #06-005, #06-111 and 406-112 in the City of Encinitas. Tharc you. 'WARMINGTON R + tTIAL CALIFORNIA, INC. Doug Glover Senior Vice esid:ent of Construction/Operations 3090 Pullman Sixcer 1 Costa ivl.ti s:z, (:al.i:fornia 92626 1 t: 7 19.557.5511 1 f: 714.641.933 7 I~carries}3} \ti'aa tnit4~t.pn..corr~ 3-78 Exhibit 46PC-9" Project Photos Case No, 09-141 DR/CDP February 17, 2011 3-79 3-80 3-81 . yy B , a fi=t t r" e iykj •Y:i~i v t Y ~ i3 ~s 14 t 1 t,e 4 t" & f" d ~ 9h ~ ? 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CEDROS AVE. #200 SOIANABEA,CH,CA 920J5 Color Palette Scheme 2 858.350.0544 858.350.0540 F 1!i November 17, 2010 3-1 DECORATIVE TILE PRECAST 4 ROOF Lots Plan 6 213 18 313 r i t) Key: SEASIDE HIGHLANDS ENCINITAS, CALIFORNIA STUCCO 539 S. CEDROS AVE. #200 SOLANA BEACH, CA 92075 858.350.0544 ~ 858.350.0540 F 00 TRIM Mediterranean Color Palette Scheme 3 November 17, 2010 1_1 PRECAST ROOF PRECAST STUCCO 4 Lots Plan 3 26 16 213 Key:; SEASIDE HIGHLANDS ENCINITAS, CALIFORNIA 539 S. CEDROS AVE. #200 SOIANA BEACH, CA 92075 858.350.0544 v'Iff 858.350.0540 F PIC Mediterranean Color Palette Scheme 4 November 17, 2010 ACCENT TRIM f MMMMMMM ROOF STUCCO Lots Plan 5 413 12 1A 17 4A DECORATIVE TILE SEASIDE HIGHLANDS ENCINITAS, CALIFORNIA ACCENT 539 S. CEDROS AVE. #20D SOLANA BEACH, CA 92075 858.350.0544 im 858.350.0540 E Pod r Key: Santa Barbara Color Palette Scheme 5 November 17, 2010 3-13 a. mmmmmmmw ROOF PRECAST r ~ Plan 36 4A 5 DECORATIVE TILE ACCENT SEASIDE HIGHLANDS SOLANA EACH,aCCA. 92075 58.350.0544 ENCINITAS, CALIFORNIA 15 8.350.0540E fr r- ~•hi ~ ~ d Key: i TJ. Mediterranean Color Paleite Scheme 6 November 17, 2010 a c s1s ,E^ Pre-fabricated Solid Privacy 6' 8' 5" x 5" 1112" x 5'/2" 3/" x 11'/z" T&G White, Sandstone 3/4" X 6n rk, fI'I f' r' n Solid Privacy (K-28D) 6' 8' 5" x 5" 2" x 6'/z' 1" x 8" T&G Tan, Sandstone, White Vintage White Privacy with Lattice (K-31c) 6' 8' 5" x 5" 2" x 6'/2" 1" x 8" T&G Tan, Sandstone, White Semi-Privacy Ribbed Picket 6' 8' 5" x 5" 2" x 6" Ribbed 3/4" x 53/4" Ribbed White Shadow Box 6' 6' 5" x 5" 3'h" x 3'h" 3/4" x 53/4" Ribbed White Shadow Box with Lattice (K-34) 6' 6' 5" x 5" 3'/2" x 3'/2" 3/4" x 53/4" Ribbed White 2" x 3'/z' Top gr U Solid Privacy (K-28D) 6' 8' 5" x 5"* 2" x 6'/2"* 1" x 8" T&G* All Colors including Variegated Panels Privacy with Sunburst Accent 6' 6' 5" x 5" 2" x 6'/2"* 1" x 8" T&G* White including (K-30F Modified) 2"xTh-or th"X5h°Top 1" x 1" Variegated Panels Privacy with Chippendale 6' 8' 5" x 5"* 2" x 6'h"* 1" x 8" T&G* White including Accent (K-298) 2" x 3'h" Top* 1" x 1" Variegated Panels 1'/2" x 11,/2" 1'/4" x 1'h" Privacy with Dropped Rail (K-83) 6' 8' 5" x 5" 2" x 6'/2" 1" x 8" T&G All Colors including 2" x 3'/2" Top Variegated Panels Privacy with Rising Rail (K-140) 6' 8' 5" x 5" 2" x 6'/2" 1" x 8" T&G All Colors including Variegated,Panels Privacy with Decorative 6' 8' 5" x 5"* 2" x 6'/2"* 1" x 8" T&G* All Colors including Cap Rail (K-28D Modified) 1" x 3'/2" Top Variegated Panels Privacy with Scalloped 6' 8' 5" x 5"* 2" x 6'/2"* 1" x 8" T&G* All Colors including Picket Accent (K-81 Modified) 2" x 3'h" Top* 13/8" x 13/8" Variegated Panels Privacy with Picket Accent and 6' 8' 5" x 5"* 2" x 6'/2"* 1" x 8" T&G* Tan, White including Decorative Cap Rail (K-84) 2" x 3'/2" Top* 13/8" x 13/a" Variegated Panels Privacy with Lattice (K-31C) 6' 8' 5" x 5"* 2" x 6'/2"* 1" x 8" T&G* Tan White inrhidincr Variegated Panels Check with your Kroy Dealer for on-center spacing on all Kroy fences. * Available in Woodland SelectTM Colors Tan Sandstone Khaki Vintage White White Stained Cedarcrest Cedarcrest Khaki White "Due to printing limitations, product colors may not be exactly as shown. I~ Weatherpd.\Cedar Natural Cedar 3-142 Exhibit "PC-3A" Draft Resolution of Approval with Attachments "A", "B" and "C" Case No. 09-141 DR/CDP April 7, 2011 3-143 RESOLUTION NO. PC 2011- A RESOLUTION OF THE CITY OF ENCINITAS PLANNING COMMISSION APPROVING A DESIGN REVIEW PERMIT AND COASTAL DEVELOPMENT PERMIT TO ALLOW FOR THE CONSTRUCTION OF 18 NEW SINGLE-FAMILY RESIDENCES, AND ASSOCIATED LANDSCAPING IMPROVEMENTS, A TEMPORARY SALES OFFICE, MODEL HOMES AND ASSOCIATED TEMPORARY PARKING FOR THE PROPERTY LOCATED AT 1150 MELBA ROAD (CASE NO. 09-141 DR/CDP; APN: 259-180-19) WHEREAS, a request for consideration of a Design Review Permit and Coastal Development Permit was filed by Warmington Residential 41, LLC to allow for the construction of 18 new single-family residences, associated landscaping improvements, a temporary sales office, model homes and associated temporary parking, in accordance with Chapters 23.08 (Design Review) and 30.80 (Coastal Development Permit) of the Encinitas Municipal Code, for the property located in the Residential 3 (R-3) zone and within the Coastal Zone, legally described as:. (SEE ATTACHMENT "A") WHEREAS, the Planning Commission conducted a noticed public hearing on the application on February 17, 2011 and April 7, 2011, at which time all those desiring to be heard were heard; and WHEREAS, the Planning Commission considered, without limitation: 1. The February 17, 2011 and April 7, 2011 agenda report to the Planning Commission with attachments; 2. The General Plan, Local Coastal Program, Municipal Code, and associated Land Use Maps; 3. Oral evidence submitted at the hearing; 4. Written evidence submitted at the hearing; 5. Project drawings consisting of 46 sheets including Title Sheet (Sheet T1), Solar Panel Exhibit (Sheet S1), Preliminary Precise Grading Plan (Sheets Cl through_ C3), Landscape Concept. Plan (Sheet Ll), Wall and Fencing Plan (Sheet L2), Colored Street Scenes (two sheets), Plan 1 (Sheets A1.0 through AL3), Plan 2 (Sheet A2.0 through A2.3), Plan 3 (Sheet A3.0 through A3.10), Plan 4 (Sheet A4.0 through Sheet A4.13), Plan 5 (Sheet A5.0 through A5.5) dated received March 11, 2011; Colored Elevations dated received March 14, 2011 and colored materials boards dated received November 17, 2010 and March 14, 2011; and WHEREAS, the Planning Commission made the following findings pursuant to Chapters 23.08 (Design Review) and 30.80 (Coastal Development Permit) of the Encinitas Municipal Code: PBD/TGM/T1Resolutions\RPC09-141 DRCDPII -1- 3-144 (SEE ATTACHMENT "B") NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Encinitas hereby approves application 09-141 DR/CDP subject to the following conditions: (SEE ATTACHMENT "C") BE IT FURTHER RESOLVED that the Planning Commission, in its independent judgment, finds that the scope of the project contained herein is consistent with the approved Mitigated Negative Declaration (MND) adopted' on December 6, 2007 as per Planning Commission Resolution No. 2007-33 as part of Case No. 06-005 TMDB/DR/EIA/CDP. PASSED AND ADOPTED this 7th day of April, 2011, by the following vote, to wit: AYES: NAYS: ABSENT: ABSTAIN: ATTEST: Patrick Murphy Secretary JoAnn Shannon, Chair of the Planning Commission of the City of Encinitas NOTE: This action is subject to Chapter 1.04 of the Municipal Code, which specifies time limits for legal challenges. PBD/TGMIT:\Resolutions\RPC09-141 DRCDPII -2- 3-145 ATTACHMENT "A" Resolution No. PC 2011- Case No. 09-141 DR/CDP LEGAL DESCRIPTION THE SOUTH ONE-HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 13 SOUTH, RANGE -4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO GOVERNMENT SURVEY THEREOF, APPROVED APRIL 19, 1881. EXCEPTING THAT PORTION THEREOF LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 14, SAID POINT BEING NORTH 89°34' WEST 708.82 FEET FROM THE.SOUTHEAST CORNER OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER, BEING ALSO THE INTERSECTION OF' SAID SOUTHERLY LINE WITH THE SOUTHERLY PROLONGATION OF THE WESTERLY LINE OF THE LAND DESCRIBED IN THE DEED TO CLYDE R. BEAMER, ET UX, RECORDED DECEMBER 6, 1962 AS DOCUMENT NO. 207901, OFFICIAL RECORDS; THENCE ALONG SAID SOUTHERLY PROLONGATION AND WESTERLY LINE, NORTH 0°37' EAST 649.93 FEET TO THE NORTHERLY LINE OF THE SOUTH ONE-HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 14. ALSO EXCEPTING THE SOUTHERLY WESTERLY LINE) OF THE WESTERLY SOUTHERLY LINE) OF SAID LAND. APN: 259-180-19 PBD/TGM/T:\Resolutions\RP C09-141 DRCDPII 370.24 FEET (MEASURED ALONG THE 385.40 FEET (MEASURED ALONG THE -3- 3-146 ATTACHMENT "B" Resolution No. PC 2011- Case No. 09-141 DR/CDP FINDINGS FOR DESIGN REVIEW STANDARD: Section 23.08.080 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 theprovisions of the Municipal Code. Facts: The applicant requests a Design Review Permit and Coastal Development Permit application to allow for the construction of 18 new single-family residences, and associated landscaping improvements. A temporary sales office, model homes and applicable parking are also proposed at this time. The subject property is within the Residential 3 (R-3) zone and the Coastal Zone. The surrounding neighborhood consists of single-family residences to the north, east, and south. Oakcrest Middle School and the Encinitas Senior and Community Center are further north along Balour Drive. There are church uses to the west of the site across Balour Drive and southwest of the project site at the corner of Balour Drive and Melba Road. A mix of single-family and duplex developments lie to the west and southwest. No specific plan is applicable to the subject property. Discussion: All of the proposed single-family residential units provide variety and style so as to appear as a custom home development. The project utilizes modified development standards (as part of the approved Tentative Map; Case No. 06-005 TMDB/DR/EWCDP) with one concession or incentive in accordance with the State Density Bonus Law outlined in Section 65915 of the California Government Code. This approved concession included the. reduction in lot size with related reductions in lot dimensions, lot coverage and Floor Area Ratio (FAR) calculations. The modified building envelopes are defined on the approved Tentative Map and the project plans received by the City on December 2, 2010. The project conforms with all applicable development standards of the Encinitas Municipal Code and the R-3 zoning standards (as modified by the density bonus provisions of the previously approved Tentative Map) and all applicable goals and policies of the General Plan. Conclusion: The Planning Commission finds that the proposed project design is consistent with the State Density Bonus Law outlined in Section 65915 of the California Government Code, the General Plan and the provisions of the Municipal Code. b. The project design is substantially inconsistent with the Design Guidelines. Facts: The project proposes the construction of 18 single-family residential homes on a 4.85-net-acre parcel subdivided into 18 lots by Case No. 06-005 TMDB/DR/EIA/CDP. PBD/TGMIT;\Resolutions\RPC09-141 DRCDPII -4- 3-147 Chapter 23.08 requires the issuance of a Design Review Permit for the construction of more than one custom single-family dwelling. Discussion: Review of the project colored elevations and color/materials board shows that the proposed units will vary sufficiently in color and materials. The project will be accessed via two separate private roads, Bluejack Road and Scarlet Way. A variety of setbacks and building envelopes are proposed to preserve view corridors through the site as encouraged by Section 2.4.2 of the Design Guidelines. The impacts to significant views from the surrounding properties are minimized by the new development to the extent feasible based on the opportunities and constraints of the site. Five one-story homes are proposed, as required by the Tentative Map approval (Case No. 06-005 TMDB/DR/EIA/CDP), and they will be located on Lots 3, 6, 8, 12, and 16. The single- family residences have been placed on the lots to create variety in external space and create a varied street fagade as noted in Section 2.4.6 of the Design Guidelines. The site planning of the proposed project breaks up the bulk and mass of the proposed buildings in relation to one another and existing adjacent residences. Solar photovoltaic systems will be installed on each home as encouraged by Section 5.7 of the Design Guidelines. The proposed pads for the lots are consistent with the existing grade and the approved Grading Plan No. 963-G and the approved Tentative Map. No two homes of similar floor plans have been located on adjacent lots or directly across the street. All homes have been designed to be different from each other through the use of various roof designs, different color tones and materials as encouraged by the Design Guidelines. Each residence within the development will be visually distinct with respect to form, massing and elevations. All 18 units use architectural detailing and use selection of materials to enhance character definition for each style of home on all sides. The approved grading and site improvements have been designed so as to work together with the surrounding topography of the existing neighborhood. ' The streetscape landscape plan proposes common area landscaping along the street frontages of Melba Road, Balour Drive and. the interior private roads (Bluejack Road and Scarlet Way). Drainage and storm water treatment measures are well designed into the project in conformance with applicable codes. Each lot will be required to install landscaping within one year after occupancy of the unit as conditioned in SCA2 contained herein. A six-foot tall-vinyl fence screen wall will be located around the perimeter of the project site at the rear yards of each single-family lot, except Lots 4 through 6 which will be a masonry block wall. Conclusion: The Planning Commission finds that the project design is substantially consistent with the Design Guidelines. C. The-project would adversely affect the health, safety, or general welfare of the community. Facts/Discussion: The City of Encinitas conducted an Environmental Initial Study that determined the proposed project could have a significant environmental effect in the area of hazardous materials as part of Case No. 06-005 TMDB/DR/EIA/CDP. The project provided mitigation measures which mitigated the potentially significant environmental PBD/TGM/T:\Resolutions\RP C09-141 DRCDPII -5- 3-148 effects previously identified, and a Mitigated Negative Declaration (MND) was adopted on December 6, 2007 as part of Planning Commission Resolution No. 2007-33. This application is consistent with the adopted MND. The draft MND was prepared, circulated, and notice mailed and published of its availability for public review and comment from October 1, 2007 to October 22, 2007. No comments were received during the public review period. All environmental technical studies including traffic, soils, noise and drainage reports are available for review in the Planning and Building Department as part of Case No. 06-005 TMDB/DR/EIA/CDP. Single-family residential development is a permitted use in the subject zone. Because all public services and facilities are available and the project is located in a developed residential area and includes adequate stormwater treatment facilities, no adverse effects to the safety, health, and general welfare of the community are anticipated. Conclusion: 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: The application requests a Design Review Permit and Coastal Development Permit application to allow for the construction of 18 new single-family residences, and associated landscaping improvements, A temporary sales office, model homes and associated parking is also proposed at this time. The subject property is within the Residential 3 (R-3) zone and the Coastal Zone. Discussion: The project has been designed to be consistent with the approved Tentative Map approved as part of Case No. 06-005 TMDB/DR/EIA/CDP. No evidence has been submitted which shows that the proposed development will cause material depreciation to the appearance or value of the surrounding neighborhood. Future development of the site will transform the disturbed site into a residential development that is consistent with the State Density Bonus Law outlined in Section 65915 of the California Government Code, the approved Tentative Map and the Encinitas General Plan's residential designation of the property. The proposed development is consistent with the City's Design Guidelines as discussed above. Conclusion: The Planning Commission finds that the proposed project will not cause the surrounding neighborhood to depreciate materially in appearance or value. PBD/TGM/T:\Resolutions\RPC09 141 DRCDPII -6 3-149 FINDINGS FOR A COASTAL DEVELOPMENT PERMIT STANDARD: Section 30.80.090 of the Municipal Code provides that the authorized agency must make the following findings of fact, based upon the information presented in the application and during the Public Hearing, in order to approve a coastal development permit: 1. The project is consistent with the 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 applicant requests a Design Review Permit and Coastal Development Permit application to allow for the construction of 18 new single-family residences, and associated landscaping improvements. A temporary sales office, model homes and associated parking is also proposed at this time. The subject property is within the Residential 3 (R-3) zone and the Coastal Zone. Discussion: With approval of the Design Review Permit and Coastal Development Permit the project conforms to the provisions of the Encinitas Municipal Code, General Plan Policies and Local Coastal Program. An approved Mitigated Negative Declaration (MND) covering the entire scope of this project was adopted on December 6, 2007 as per Planning Commission Resolution No. 2007-33 (as part of Case No. 06-005 TMDB/DR/EIA/CDP). No evidence has been submitted or found to show that the use will have an adverse effect on the subject property or surrounding uses. The site is located adjacent to the Melba Road and Balour Drive right-of-ways, which is not between the sea and the nearest public road and will not impact public access and public recreation policies of Section 30200 et. seq. of the Coastal Act. Conclusion: The Planning Commission finds that 1) the project is consistent with the certified Local Coastal Program of the City of Encinitas; 2) the scope of the project contained herein is consistent with the approved Mitigated Negative Declaration (MND) adopted on December 6, 2007 as per Planning Commission Resolution No. 2007-33 as part of Case No. 06-005 TMDB/DR/EIA/CDP; and, regarding finding 3), the project is not located between.the sea and the nearest public road, and as conditioned, the project will not impact public access or public recreational use of the site. The approval of this Coastal Development Permit satisfies the requirements of the Encinitas Local Coastal Program. PBD/TGM/T;1Resolutions\RPC09-141 DRCDPII -7- 3-150 ATTACHMENT "C" Resolution No. PC 2011- Case No. 09-141 DR/CDP Applicant: Warmington Encinitas 41, LLC Location: 1150 Melba Road (APN: 259-1$0-19) SC1 SPECIFIC CONDITIONS: SC2 At any time after two years from the date of this approval, on April 7; 2013 at 5:00 pm, or the expiration date of any extension granted in accordance with the Municipal Code, the City may require a noticed public hearing to be scheduled before the authorized agency to determine if there has been demonstrated a good faith intent to proceed in reliance on this approval. If the authorized agency finds that a good faith intent to proceed has not been demonstrated, the application shall be deemed expired as of the above date (or the expiration date of any extension). The determination of the authorized agency may be appealed to the City Council within 15 days of the date of the determination. SC5 This project is conditionally approved as set forth on the application and project drawings consisting of 46 sheets including Title Sheet (Sheet T1), Solar Panel Exhibit (Sheet Sl), Preliminary Precise Grading Plan (Sheets C1 through C3), Landscape Concept Plan (Sheet Ll), Wall and Fencing Plan (Sheet L2), Colored Street Scenes, Plan 1 (Sheets A1.0 through A1.3), Plan 2 (Sheet A2.0 through A2.3), Plan 3 (Sheet A3.0 through A3.10), Plan 4 (Sheet A4.0 through Sheet A4.13), Plan 5 (Sheet A5.0 through A5.5) dated received March 11, 2011; Colored Elevations dated received March 14, 2011 and colored materials boards dated received November 17, 2010 and March 14, 2011 all designated as approved by the Planning Commission on April 7, 2011, and shall not be altered without express authorization by the Planning and Building Department. SCA The following conditions shall`be completed and/or fulfilled to the satisfaction of the Planning and Building Department: 1. The Tentative Map and the conditions of approval established as part of Case No. 06- 005 TMDB/DR/EIA/CDP by the Planning Commission on December 6, 2007 (PC Resolution No. 2007-33) shall remain in place unless modified herein by this Resolution. 2. Each lot/unit shall be required to install landscaping and hardscape improvements to private yard areas beyond that which is shown on the approved Landscape Plan dated received on December 2, 2010 by the City of Encinitas within one year after occupancy of the unit. 3. Upon completion of the installation of the landscaping and the irrigation system, a final field observation shall be conducted and a certification of substantial completion shall be provided to the City. The certificate shall specifically indicate that plants were installed as specified and that the irrigation -system was installed as designed. The certificate of substantial completion shall be completed and signed by a State licensed landscape architect, landscape contractor, or an irrigation designer who also holds a State license in the landscape field. PBD/TGM/T:\Resolutions\RP C09-141DRCDPII -8- 3-151 4. The building footprint for all residences shall conform to the building envelopes established pursuant to the approved Tentative Map for the subject project with the following exceptions: a. Architectural projections shall be allowed as established within Chapter 30,16 of the Encinitas Municipal Code in relation to the building setback established with the approved Tentative Map. b. Patio covers and any and all accessory structures proposed shall be subject to the provisions of Chapter 30.16 of the Encinitas Municipal Code. The provisions for encroaching into building setbacks shall be applied in association with the building envelopes established on the approved Tentative Map. 5. A temporary business/sales office and model homes shall only be allowed on Lots 16, 17, and 18. Parking located in the street adjacent to these lots shall be made available for this use and provide adequate ADA accessible parking. The temporary business/sales office shall comply with the provisions of Chapter 30.46.100A2 of the Municipal Code and shall be identified, on the building permit site plan and be removed upon the issuance of Certificate of Occupancy of the unit on the lot it is contained within to the satisfaction of the Planning and Building Department. 6. The keeping of animals on Lots 1 through 18 shall be in conformance with Chapter 30.55 (Animal Regulations) of the Encinitas Municipal Code. 7. All proposed optional uses shown on the approved project plans dated received by the City on December 2, 2010 and noted in the attached Development Standards Compliance Table (Exhibit PC-2) shall meet the requirements of Chapter 30.48 (Accessory Use Regulations) of the Municipal Code if applicable, and shall demonstrate compliance with the Municipal Code during the building plancheck process prior to building permit issuance per lot. 8. The revised pad elevations on Lot 4 (dropping 18 inches from 359.0 ft. to 357.5 ft.) and Lot 5 (dropping two feet from 364.0 ft. to 362.0 ft.) shall be revised through a construction change on the existing active Grading Permit No. 963-G to the satisfaction of the Planning and Building Department and the Engineering Services Department prior to Precise Grading Permit approval. These reduced pad elevations shall be the new established grade for purposes of measuring height. SCB The following conditions shall be completed and/or fulfilled to the satisfaction of the Engineering Services Department: 1. This project has been previously conditioned as a part of 06-005 TM/DR/ElA/CDP and shall comply with the conditions of that approval. 2. Prior to the issuance of any building permit for any lot, the owner/applicant shall submit and obtain approval of a precise grading plan, post security, pull a grading permit, and receive rough grade approval for each site being developed. The precise grading plan shall provide design for drainage improvements, erosion control, storm PBD/TGM/T:\Resolutions\RPC09-141DRCDPII _ -9- 3-152 water pollution control BMPs, and on-site pavement related to the construction of the homes. The applicant may obtain an approved "Construction Change" to the rough grading plan 963-G for the addition of the precise grading design. 3. The precise grading aspect of this development, including the homes, driveways, and all impervious surfaces associated with the homes, shall comply with the Hydromodification Management Plan adopted by the City on January 14, 2010. SCC The following conditions shall be completed and/or fulfilled to the satisfaction of the San Dieguito Water District: 1. The San Dieguito Water District Board has adopted a Drought Response Ordinance (Ord. No. 2008-01) and on July 1, 2009 declared a Level 2 Drought Alert. Upon this declaration of a mandatory Drought Response Level 2 and above, no new potable water service shall be provided, no new temporary meters or permanent meters shall be provided, and no statements of immediate ability to serve or provide potable water service (such 'as, will serve letters, certificates, or letters of availability) shall be issued, except under the following circumstances: a. A valid, unexpired building permit has been issued for the project; or b. The project is necessary to protect the public's health, safety, and welfare; or c. The applicant provides substantial evidence of an enforceable commitment that water demands for the project will be offset prior to the provision of a new water meter(s) to the satisfaction of SAN DIEGUITO WATER DISTRICT. G1 STANDARD CONDITIONS: CONTACT THE PLANNING AND BUILDING DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): G2 This approval may be appealed to the City Council within 15 calendar days from the date of this approval in accordance with Chapter 1.12 of the Municipal Code. G4 Prior to building permit issuance, the owner 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. The Owner(s) agree, in acceptance of the conditions of this approval, to waive any claims of liability against the City and agrees to indemnify, hold harmless and defend the City and City's employees relative to the action to approve the project. 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. G7 Prior to issuing a final inspection on framing, the applicant shall provide a survey from a licensed surveyor or a registered civil engineer verifying that the building height is in compliance with the approved plans. The height certification/survey shall be supplemented PBD/TGM/T:\Resolutions\RPC09-141 DRCDPII -10- 3-153 with a reduced (8 1/2" x 11 copy of the site plan and elevations depicting the exact point(s) of certification. The engineer/surveyor shall contact the Planning and Building Department . to identify and finalize the exact point(s) to be certified prior to conducting the survey. G10 All retaining and other freestanding walls, fences, and enclosures shall be architecturally designed in a manner similar 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. G12 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. G13 The applicant shall pay development, fees at the established rate. Such fees may include, but not be limited to: Permit and Plan Checking Fees, Water and Sewer 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 building permit issuance 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. G14 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 proj ect. G19 Garages enclosing required parking spaces shall be kept available and usable for the parking of owner/tenant vehicles at all times, and may not be rented or conveyed separately from the appurtenant dwelling unit. G21 All utility connections shall be designed to coordinate with the architectural elements of the site so as not to be exposed except where necessary. Locations of pad mounted transformers, meter boxes, and other utility related items shall be included in the site plan submitted with the building permit application with an appropriate screening treatment. Transformers, terminal boxes, meter cabinets, pedestals, ducts and other facilities may be placed above ground provided they are screened with landscaping. 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 including the required signature block of the State.licensed landscape designer must be submitted as part of the building permit application for the proj ect. PBD/TGM/T:Res olutions\RP C09-141 DRCDPII -11- 3-154 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 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. L5 All masonry freestanding or retaining walls visible from points beyond the project site shall be treated with a protective sealant coating to facilitate graffiti removal. The sealant shall be of a type satisfactory to the Engineering and Planning and Building Departments. The property owner shall be responsible for the removal in a timely manner of any graffiti posted on such walls. DR1 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. DR3 All project grading shall conform with the approved plans. If no grading is proposed on the approved plans, or subsequent grading plans are inconsistent with the grading shown on the approved plans, a design review permit for such grading shall be obtained from the authorized agency of the City prior to issuance of grading or building permits. S1 Any signs proposed for this development shall be designed and approved in conformance with Encinitas Municipal Code Chapter 30.60. PBD/TGM/T \Resolutions\RPC09-141 DRCDPII -12 3-155 BI BUILDING CONDITION(S): CONTACT THE ENCINITAS BUILDING DIVISION REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): B2R The applicant shall submit a complete set of construction plans to the Building Division for plancheck processing. The submittal shall include a Soils/Geotechnical Report, structural calculations, and State Energy compliance documentation (Title 24). Construction plans shall include a site plan, a foundation plan, floor and roof framing plans, floor plan(s), section details, exterior elevations, and materials specifications. Submitted plans must show compliance with the latest adopted editions of the California Building Code (The Uniform Building Code with California Amendments, the California Mechanical, Electrical and Plumbing Codes). These comments are preliminary only. A comprehensive plancheck will be completed prior to permit issuance and additional technical code requirements may be identified and changes to the originally submitted plans maybe required. F1 FIRE CONDITION(S): CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING. COMPLIANCE WITH THE FOLLOWING CONDITION(S): F2 ACCESS ROAD MINIMUM DIMENSIONS: Fire apparatus access roads shall have an unobstructed improved width of not less than 24 feet; curb line to curb line, and an unobstructed vertical clearance of not less than. 13 feet 6 inches. Exception: Single- Family residential driveways; serving no more than four single-family, dwellings, shall have minimum of 16 feet, curb line to curb line, of unobstructed improved width. Access roads shall be designed and maintained to support the imposed loads of not less than 75,000 pounds. F4 DEAD ENDS: All dead-end fire access roads in excess of 150 feet in length shall be provided with approved provision for the turning around of emergency apparatus. A cul- de-sac shall be provided in residential areas where the access roadway serves more than four (4) structures. The minimum unobstructed paved radius width for a cul-de-sac shall be 36 feet in residential areas with no parking. F7 RESPONSE MAPS: Any new development, which necessitates updating of emergency response maps by virtue of new structures, hydrants, roadways or similar features, shall be required to provide map updates in one of the following formats (AutoCad DWG, DXF, ESRI shapefile, ESRI personal geodatabase, or XML format) and shall be charged a reasonable fee for updating all response maps. F8 CONSTRUCTION MATERIALS Prior to delivery of combustible building construction materials to the project site all of the following conditions shall be completed to the satisfaction of the 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; and PBD/TGM/T:\Resolutions\RP C09-141 DRCDPII -13- 3-156 3. All fire hydrants shall be installed, in service and accepted by the Fire Department and applicable water district. F9 POSTING OR STRIPPING ROADWAYS "NO PARKING FIRE LANE": Fire Department access roadways, when required, shall be properly identified as per Encinitas Fire Department standards. F10 OBSTRUCTION OF ROADWAYS DURING CONSTRUCTION: All roadways shall be a minimum of 24 feet in width during construction and maintained free and clear, including the parking of vehicles, in accordance with the California Fire Code and the Encinitas Fire Department. F11 FIRE HYDRANTS AND FIRE FLOWS: The applicant shall provide fire hydrants of a type, number, and location satisfactory to the Encinitas Fire Department. A letter from the water agency serving the area shall be provided that states the required fire flow is available. Fire hydrants shall be of a bronze type. Multi-family residential or industrial fire hydrants shall have two (2) 4" inch and two (2) 2 %2" inch NST outlets. Residential fire hydrants shall have one (1) 4" inch NST outlet, and one (1) 21/2" inch NST outlets. F13 ADDRESS NUMBERS: STREET NUMBERS: Approved numbers and/or addresses shall be placed on all new and existing buildings and at appropriate additional locations as to be plainly visible and legible from the street or roadway fronting the property from either direction of approach. Said numbers shall contrast with their background, and shall meet the following minimum standards as to size: 4" high with a 3/8" stroke for residential buildings, 8" high with a '/z" stroke for commercial and multi-family residential buildings, 12" high with a 1" stroke for industrial buildings. Additional numbers shall be required where deemed necessary by the Fire Marshal, such as rear access doors, building corners, and entrances to commercial centers. 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 the 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. F15A AUTOMATIC FIRE SPRINKLER SYSTEM-ONE AND TWO FAMILY DWELLINGS: Structures shall be protected by an automatic fire sprinkler system designed and installed to the satisfaction of the Fire Department. Plans for the automatic fire sprinkler system shall be approved by the Fire Department prior to the issuance of building permit(s). F18 CLASS "A". ROOF: All structures shall be provided with a Class "A" Roof covering to the satisfaction of the Encinitas Fire Department. PBD/TGM/T\Resolutions\RPC09-141 DRCDPII -14- 3-157 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. E3 All drawings submitted for Engineering permits are required to reference the NAVD 88 datum; the NGVD'29 datum will not be accepted.. PBD/TGM/T:\Resolutions\RPC09-141 DRCDPII 15- 3-158 Exhibit "PC-4A" Updated project drawings Case No. 09-141 DR/CDP April 7, 2011 3-159 7 ~k AVEI 777- ROOF STUCCO t - 44. 1- TRIM r d Z C4 _O W ~ W w U J N W Z 0 ~ O r QZ m s a co z lip Elio Q Z w O LL J Q V vi H Z_ V Z W z Q Z w O LL J Q U J Q W Zo W g N Z ad 0 O _ o W Z a~ Q 2 1 Z 0 r O w W J _ W tU Lu O J J O 0 ~ a m w a m z N N d r S " I a i O A , ~ 1 J a -17 i t U i { ` 1 I } az k Uj g W " z ~ Z Y' W ,Z Q 3 cn ]06 3 M Q Z C4 - , ` Q w V W N ce V Z c A h A m ~ l ll 1 K i te. r { ~7 ~ S a li a £ f' ttt t~_ { S. , 61 f f F R I SSS J is Q w f} _ Z I IL F= Z N g w z .p = U ffi- Lu Z O Q 3 W 194 Q d t, i l r Z N U O LLi J ui U N CG 0 o ~ r Z Q m m Z 0 QZ J r= V_ W 0 i Q Z w O LL J Q V vi H z u Z w Z a z ac O J Q J Q W 0 N W w z 0 8 Z } 1M 5 M Q 6 0 g > fl k 4 2 3 ) 0- r e Z O H J~ W Z O K LL p in QZ T_V 0 w M1I~ ~3 a y~aa M~°o a z w O J a U vi z V Z W Z Z w 0 J a V J _a F- Z W N W ce z O V Z y~ } CO 3-166 glrd t' 1{ww;i t S 3'. ° ~ ;a3 k~ • ~`T t ar a . x LY t ! a 71 IL M~M tt ~ k P 1 1 1 r Z O U, LL, W V J N W O 0 0 N Z g Z CL oC w F- w I m N i Q O Q Z V Z w Z Q w O J V J Q W Zo gW 0 O i <J W Z 0 Q U.J } C4 4ci 7 Z - O W W U J W t 'LLI 0 J ~ O v N g Z CL Z . 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Vulcan Avenue Encinitas, CA 92024-3633 09-141 09_iCDP I lviAi , 2 5 J CITY OF ENCINITAS Subject: Conditions of Approval forWarmington Home's Seaside Highlands project Dear City of Encinitas Planning Commission, We would request that the Planning Commission meeting on April 7, 2011 be reopened to public comment for the Seaside Highlands project. We appreciated the opportunity .given to us to speak at the last meeting. We believethat further public comment would be beneficial to assure a successful project for both the developer and the community. We appreciate the efforts that the developer has gone to improve the appearance of the rear elevations of the buildings that will face the, neighboring properties. Our remaining concerns are focused on establishment of a planted zone along the easterly and northerly boundaries of the church property which - will adequately mitigate the visual impacts of the recently constructed large retaining walls. Bethlehem Lutheran Church feels that the curre.nt.vegetation plan between the two newly constructed keystone retaining walls and below the lower keystone wall does not provide an adequate visual" barrier. In addition we have reconsidered our desire for an upper masonry fence. Therefore, we request the following:. • Vines be planted to cover all the newly constructed keystone and masonry.walls on the northerly and easterly boundaries of the.church. property, • The vegetation which will be planted between the large retaining walls.on the easterly boundary of the church property be of a type that will grow to at least as tall'as the top of the vinyl fence. H 2-15 ft) The upper fence which will be installed above the. newly constructed. high retaining walls on the easterly boundary of the church property be made of vinyl. material as initially proposed by the developer. Replacement of any landscaping and irrigation on' Bethlehem's property that may have been damaged during the construction of the Seaside Highlands retaining walls which.are located on the easterly, boundary of the Bethlehem property. Our desire is to have new landscaping planted that could replace any damaged planting, but will also provide visual screening of the new, lower retaining walls. L • -Further, if not already a condition of approval, we. request that the.Seaside Highleinds'HOA install, operate (including the cast of water) and maintain the irrigation system for the planting barrier; including vines and shrubbery, which will be located between the easterly and northerly church property and subdivision boundary: (see reverse) • ~ ~uryF 925 Balor Drive, Encinitas, California 92024 760.753.1026 Fax 760.753.5759 Email-. inf6@blcenc.org • wwwbi.cenc.org ' 'N A. We also think it is important that the developer inform our potential neighbors of the congregation's future building plans, in accordance with our previously approved Major Use Permit: • Reconstruct our existing Family Center into a two-story facility adjacent to lots 4, 5 and 6 that may obstruct their westerly views. • build an addition to our existing Preschool facilities adjacent to lots 6, 11 and 12. We are currently discussing the project with the developer and they are making an effort to work with us on our issues. Representatives of Warmington Homes were kind enough to meet with representatives of our congregation last week to view the visual impacts of the newly constructed retaining walls. Based on these discussions, we are hopeful and anticipate that the developer's revised planting and irrigation plans will be able to fully address Bethlehem's concerns'. We believe that Warmington Homes is making a, good faith effort to make the development attractive to the-neighbors. We want to. thank the Planning Commission for its.efforts to help all involved parties to meet their needs on this project. Representatives of Bethlehem Lutheran Church will be happy to attend the April 7th meeting to respond. to whatever questions the Commission may have. Sincerely, Pastor Laura Ziehl Cc; City of Enicnitas Planning Dept 3-209.