2014-04-17 Item 4 Case 2013-196 DR/CDPMEETING DATE:
PREPARED BY:
DEPARTMENT:
SUBJECT:
AGENDA REPORT
Planning Commission
April 17, 2014
Roy Sapa'u, Senior Planner SUPERVISOR: Manjeet Ranu, AICP 160
City Planner
Planning and Building CITY
Department PLANNER: Manjeet Ranu, AICP
Public hearing to consider a Design Review Permit and Coastal Development Permit to
demolish an existing duplex structure and to construct a twinhome structure on two (2) existing
legal lots with associated site improvements. The subject property is located in the Residential
11 (R -11) zone and the Coastal Zone.
CASE NUMBER: 13 -195 DRICDP; APPLICANT: New Horizon Inc.; LOCATION: 2324 & 2325
Cambridge Avenue (APN: 261-093-52)
RECOMMENDED ACTION:
Staff recommends that the Planning Commission approve Case No. 13 -196 DR /CDP based
upon the findings and conditions contained in the attached Draft Resolution of Approval (Exhibit
PC -4).
ENVIRONMENTAL CONSIDERATION:
The proposed project is a new twinhome structure replacing an existing duplex structure. The
project has been determined to be exempt from environmental review pursuant to Section
15302 of the California Environmental Quality Act Guidelines (CEQA) which exempts the
replacement of existing structures where the new structure will be located on the same site as
the structure replaced and will have the same purpose and capacity as the structure replaced.
The proposed project meets the criteria of the exemption. In addition, the project does not qualify
as one of the exceptions prescribed under Section 15300.2 of the CEQA Guidelines.
BACKGROUND:
Project Description
The applicant proposes to demolish an existing duplex structure and construct a new twinhome
structure on two (2) existing substandard legal lots with associated site improvements. The
proposed project is further described in the attached project description (Exhibit PC -1).
Site and Surrounding Conditions
The site is currently developed with a duplex building to be removed as part of this project. The
duplex structure has structural nonconformities related to building height and north side yard
setback further described in the attached project description (Exhibit Pc -1). The surrounding
APRIL 17, 2014 ITEM 4 1 of 56
neighborhood consists of a mixture of attached and detached single- and multi -- family residential
units.
ANALYSIS
The subject application is being reviewed for conformance with the General Plan, the Local Coastal
Program and Chapters 23.08 (Design Review) and 30.80 (Coastal Development Permit) of the
Municipal. code. The proposed twinhome development -as described in the attached project
description (Exhibit PC -1) may be allowed in the subject R -11 zone with the approval of a Design
Review Permit application in, accordance with chapter 23.08 of the Municipal Code. Because the
property lies within the Coastal Zone, the issuance -of a regular coastal Development Permit is
required in accordance with Chapter 30.80 of the Municipal Code. The required findings to
approve a Design Review Permit and Coastal Development application may be found in Municipal
code Sections 23.08.080 and 30.80.090 respectively. The findings contained in Attachment "A" of
the attached Draft- Resolution of Approval (Exhibit PC -4) reflect-that the project complies with the
General Plan, Local Coastal Program and Encinitas Municipal Code. Additional materials in
support of approval of -the proposed application can be found in the attached Development
Standards Compliance Table (Exhibit Pc -3) and the Design Guidelines Discussion (Exhibit PC-
2 ).
CITIZEN'S PARTICIPATION PROGRAM (CPP):
The applicant conducted a citizen's Participation Program (CPP) meeting in accordance with
Chapter 23.06 of the Municipal Code at the subject site on November 2, 2013. According to the
CPP final report (attached hereto as Exhibit PC -5) submitted by the applicant, 5 citizens attended
(signed -in) the meeting. According to the CPP final report, most in attendance were in support of
the project. one neighbor inquired about construction times and noise. The applicant informed the
concerned neighbor that the city enforces construction hours and the project is required to comply
with those hours. The applicant also informed all in attendance that the contractor will be in contact
with all adjacent neighbors and all in attendance at the CPP meeting prior to beginning of
construction to inform them of the construction schedule and timing and route of delivery -of
construction materials.
PUBLIC REVIEW AND COMMENTS:
No correspondence was received by staff.
I=V.,:II:1111 &--3
Exhibit Pc -1 Project Description
Exhibit PC -2 Design Guidelines Discussion
Exhibit PC -3 Development Standards compliance Table
Exhibit PC -4 Draft Resolution of Approval
Exhibit PC -5 CPP . Final Report
Exhibit Pc -6 Application and related materials
Exhibit PC -7 ** Project Drawings including Colored Elevations
The administrative record for this application is available for review on request at the
Planning and Building Department.
** Hard copies of the project drawings and colored elevations and samples are available for
general public review on request at the Planning and Building Department.
APRIL 17, 2014 ITEM 4 2 of 56
EXHIBIT PC -1
Project Description
Case N 1.3m196 DR/CDP
Planning Commission Meeting
April 1-7, 2014
APRIL 17, 2014 ITEM 4 3 of 56
EXHIBIT PC -1
Case No. 13 -196 DR/CDP
Project Description
The application request is for a Design Review Permit and Coastal Development Permit for the
construction of a twinhome structure on two (2) existing substandard legal lots. The site is
currently developed with a duplex structure constructed across the shared lot line between the
two (existing) lots. The applicant is proposing to demolish the duplex structure and construct a
twinhome structure with one (1) unit on each lot with the common wall on the shared .lot line.
The project site is located within the Residential 11 (R -11) zone and is surrounded by a mixture
of single- and multi - family residential units.
DESIGN REVIEW PERMIT:-
A Design Review Permit is required for. the proposed twinhome development pursuant to
Chapter 23.08 (Design Review) of the Municipal code. A discussion of the project's
consistency with the Design Review Guidelines is attached as Exhibit Pc -2.
DEVELOPMENT STANDARDS COMPLIANCE:
The project-site is consists of two (2) existing substandard legal lots. Each lot contains 2,500
sq. ft. of net area, which is less than the minimum required .lot area of 3,950 sq. ft. in the subject
R -11 zone. The two (2) lots (Lots 7 & 8) were legally created under Final Map 1298 recorded
with the County Recorder of San Diego county on November 14, 1910. Each lot is entitled to a
minimum development right of one dwelling unit in accordance with applicable policies of the
General Plan and the proposed twinhome development with one unit on each lot complies with
those policies.
The existing duplex currently observes a legal nonconforming sideyard setback of 4 feet 9
inches on the northwest corner of the structure. In addition, the existing duplex structure
exceeds the maximum allowable building height for flat roof structures of 22 feet at
approximately 27 feet on the north elevation and 25.5 feet on the south elevation. The -applicant
is requesting to allow the proposed twinhome structure to maintain the legal nonconforming
sideyard setback. at the same location and also to maintain the legal nonconforming height for �a
-flat roof element of the new twinhome structure on the northwest corner consistent with
provisions of. Section 30.75, 120 (Non conformities) of the Municipal Code.. All other existing
legal (structural) nonconformities will be terminated with approval of this project..
The site currently has direct access to two (2) existing two -car garages_ of of Cambridge
Avenue. The applicant is proposing to maintain access off of Cambridge Avenue for the
proposed. twinhome development.
The proposed twinhome consists of two (2) units with each being two -story and having a
basement and a two -car garage. Both - garages will be accessed from Cambridge Avenue.
Consistent with Chapter 30.54 (Off -- Street Parking) which requires two (2) enclosed -parking
p 9
- spaces for residential units less than 2,500 SF, each unit is less than 2,500 SF and has
provided two (2) enclosed parking spaces within each garage. In addition to the Development
Standards compliance Table attached hereto as Exhibit PC -3, the following is a summary of
each unit:
APRIL 17, 2014 ITEM 4 4 of 56
Each basement area qualifies as a basement as per chapter 30.04 (Definitions), in that more
than %2 of its perimeter is less than or equal to four -feet above the lower of natural or finished
grade as defined by Section 30.16.010136.
The project as proposed complies with all applicable development standards of the subject R -11
zone as demonstrated in the attached Development Standards compliance Table (Exhibit PC -3)
except for the building height and � setback authorized in accordance with chapter 30.76
(Nonconformities) of the Municipal code. The proposed lot coverage of each unit will be 38.5%
on each lot, which is less than the maximum 40% permitted by the R11 zone. The proposed
Floor Area. Ratio (FAR) of each unit will be 0.498 which is less than the maximum - 0.50
permitted by the R11 zone.
Consistent with chapter 30.16 (Residential zones), the proposed development will comply with
the maximum building height of 26 feet for pitched roofs and 22 feet for flat roof elements except
for the flat roof element along the northwest corner and west elevation of the structure
maintaining legal nonconforming building height -as described earlier. The building height
determination considers the topography of the site and the slope of the lot from east to -west.
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. 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.
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1ST Floor Area
2 Floor Area
Basement Area
- Garage
Unit 1 Lot 7
617 s . ft.
716 s . ft.
827 sq . ft.
412 sq . ft.
Unit 2 (Lot 8)
517 sq . ft.
716 sq . ft.
827 sq . ft.
412 sq . ft.
Each basement area qualifies as a basement as per chapter 30.04 (Definitions), in that more
than %2 of its perimeter is less than or equal to four -feet above the lower of natural or finished
grade as defined by Section 30.16.010136.
The project as proposed complies with all applicable development standards of the subject R -11
zone as demonstrated in the attached Development Standards compliance Table (Exhibit PC -3)
except for the building height and � setback authorized in accordance with chapter 30.76
(Nonconformities) of the Municipal code. The proposed lot coverage of each unit will be 38.5%
on each lot, which is less than the maximum 40% permitted by the R11 zone. The proposed
Floor Area. Ratio (FAR) of each unit will be 0.498 which is less than the maximum - 0.50
permitted by the R11 zone.
Consistent with chapter 30.16 (Residential zones), the proposed development will comply with
the maximum building height of 26 feet for pitched roofs and 22 feet for flat roof elements except
for the flat roof element along the northwest corner and west elevation of the structure
maintaining legal nonconforming building height -as described earlier. The building height
determination considers the topography of the site and the slope of the lot from east to -west.
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. 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.
APRIL 17, 2014 ITEM 4 5 of 56
EXHIBIT PC -2
Design Guidelines Discussion
Case No.: 13 -196 DR/CDP
Planning.Commission Meeting
April 17, 2014
APRIL 1-7,2014 ITEM 4 6 of 56
EXHIBIT PC-2
Case No. 13-1969--DR/CDP
Design'Gui.delines 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 plantings are designed to be
respectful of views from neighboring properties. The existing character of the land and
landscape will - be improved with the proposed twinhome structure and site improvements
with new landscaping and hardscape improvements. Proposed garages will be accessed
off of Cambridge Avenue. The twinhome structure has been located on the site so as to
create. useable and- functional exterior spaces, including . balconies in scale with the
structure. Existing and proposed site walls and fences separate private use areas between
each unit and from adjacent properties.
3. Grading: The project proposes very little grading. The proposed grading conforms to the
existing topography of the site and drainage and storm water treatment measures . are well
designed and in conformance with applicable -codes.
4. Circulation, Parking, Streetscape: Access to each unit -will be directly off of Cambrid -ge
Avenue. The project proposes a minimum of 2 enclosed parking spaces within a garage for
each ,unit. Each driveway . is proposed with turf block concrete and stone paving i n front of the
garages.
5. Architecture: The varied rooflines and the customized features and colors and materials
,proposed for each unit will provide the variation necessary to meet the intent and
recommendations of the City's Design Guidelines. Varied wall planes and roof designs for
the proposed units create visual interest and reduce apparent bulk and mass of the dwelling
units. The_ building, design also creates a transition in form and scale by - gradually
transitioning from single -story elements to two -story elements on all four corners of the
building.
.Review of the project colored elevations and color /materials board shows that the proposed
units will have a common theme in colors and materials which are complementary to each
other and the existing developments -in the neighborhood. The proposed units include
natural stain wood siding and beige /tan exterior walls with tan clad windows, dark green
exposed woods, brown/tan stone veneer and brown/tan composition asphalt roofs. Each
unit includes- balconies with stainless steel cable railings on the east elevation and glass
guard railings on the west elevation. Garage doors will be brown sectional roll up panels
with optional glass light panels. The building character. of the design is well established and
carried throughout all elevations. The proposed architectural features are sufficiently
dimensioned and articulated to provide visual relief and interest.
Existing and proposed site walls and fences are complementary of the proposed building
materials and proposed plantings, which sufficiently screen and soften their appearance.,
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Green Features and Measures
Each unit will be wired for current or future installation of solar panels. - In addition, the
applicant will install circuitry infrastructure to support at least one (1) electric vehicle
charging station in each unit. As a condition of approval, the applicant -must provide
evidence of implementing these green measures prior to issuance of building permits.
6. Lighting: Lighting will be typical of residential uses and will be required -to comply with the
residential lighting performance standards established by Section 30.40.01 0f of the
Municipal _Code'. All exterior light fixtures for the project must be reviewed and approved by
the Planning and Building Department prior to issuance of building permits for the units.
7. Landscape: The landscape plan provides an interesting and cohesive theme to the project.
.Proposed plantings are in scale with the twinhome structure, provide adequate visual
screening with minimal impact to views, and are complementary of the proposed
architecture. Proposed tree and shrub varieties will be in scale with the proposed structure
and will preserve view opportunities of neighboring properties while effectively screening
and complementing the proposed development. - Drainage structures are well incorporated
into the landscape plan and will be planted_ -with groundcover. All plantings will be watered
by a permanent irrigation system.
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EXHIBIT PC -3
Development Standards Compliance
r
Case No,,*, 13 -196 DR/CDP
Planning Commission Meeting
April 17, 2014
APRIL 17, 2014 ITEM 4 9 of 56
EXHIBIT PC -3
Case No. 13 -196 DR/CDP
Development Standards Compliance Table
Pro'ect: Design Review Permit and Coastal Development Permit for the construction of a
twinhome structure on two (2) existing substandard legal lots. The property is located within the
R -11 zone and the coastal Zone.
PROJECT I't floor area 2 "d floor area Basement
Area* Total area
Garage area
Unit 1 -517 sq . ft.' 715 sq . ft. 827 sq . ft.
2,060 sq . ft.
412 sq . ft.
Unit 2 517 sq . 'ft. 715 s . ft. 827 sq.- ft.
2,060 s . ft.
412 sq . ft.
Development Standards Compliance:,
DEVELOPMENT
Project
STANDARDS R -11 Zone Standard
U nit 'l (Lot 7)
Unit 2 (Lot 8)
-Net lot area 3, 953 sq . ft.
2, 500 sq . ft.**
2,500 s . ft.**
Lot depth 90 ft.
99.75 ft.
99.85 ft.
Lot width 40 ft.
25- ft.**
25 ft.**
Front-yard setback 20 ft.
20 ft.
20 ft.
Rear-yard setback 20 ft.
37.5- ft.
37.5 ft.
Side-yard setback 5 ft./0 ft.
4 ft. 9 in. *10 ft.
5 ft. / 0 ft.
Lot coverage 40%
38.5%
38.5%
Floor area ratio FAR 0.5
0.498
0.498
22 ft. -- finishe'd roof directly above
finished wall
27 ft.*
25.5 ft.
Building height
26 ft.. -- allowed as per
EMC 30.16.010B.7.a 2 }
24.5 ft.
24.5 ft.
Parking 2 enclosed parking spaces per unit 2 enclosed spaces
2 enclosed spaces
* Existing legal nonconformities being maintained pursuant to Section
30.76.120 of Municipal
code
** Existing substandard legal lots — Lots 7 & 8 of Map 1298.
-t -
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EXHIBIT PC -4
Draft Resolution of Approval
Case No.: 13 -196 DR/CDP
Planning Commission Meeting
April 17, 2014
APRIL 17, 2014 ITEM 4 11 of 56
RESOLUTION NO. PC 2014M
A RESOLUTION OF THE CITY OF ENCINITAS PLANNING COMMISSION
APPROVING A DESIGN REVIEW PERMIT AND COASTAL DEVELOPMENT PERMIT FOR THE
DEMOLITION OF AN EXISTING DUPLEX AND CONSTRUCTION OF A NEW TWINHOME ON
TWO (2) EXISTING LEGAL LOTS WITH ASSOCIATED SITE IMPROVEMENTS, FOR THE
PROPERTY LOCATED AT 2324 AND 2326 CAMBRIDGE AVE.
(CASE NO. 13 -196 DRICDP; APN: 261- 093 -52)
WHEREAS, a request for consideration of a Design Review Permit and Coastal Development
Permit was filed by Gary Cohn on behalf of New Horizon Inc. to .demolish an existing duplex and
construct a twinhome development on two (2) existing legal lots, all in accordance with Chapters 23.08
(Design. Review) and 30.80 (Coastal Development Permit) of the Encinitas Municipal Code, for the
properties located in the Residential 11 (R -11) zone and the Coastal Zone, legally described as:
LOTS 7 & 8 IN BLOCK 13 OF CARDIFF, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 1298, FILED IN THE
OFFICE OF THE RECORDER OF SAID, SAN DIEGO COUNTY, NOVEMBER 14, 1910.
WHEREAS , the Planning Commission conducted a noticed public hearing on the application on
April 17, 2014, at which time all those desiring to be heard were heard; and
WHEREAS, the Planning Commission considered, without limitation:
1. The April 17, 2014 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 plans consisting of nine (9) sheets including the Site Plan, Existing Floor Plans,
Proposed Floor Plans (3 Sheets), Roof Plan, Elevations (2 Sheets) and Landscape Plan;
all. dated received by the City of Encinitas on April 1, 2014; and
WHEREAS, the Planning Commission made the following findings pursuant to Chapters 23.08
(Design Review Permit) and 30:80 (Coastal Development Permit) of the Encinitas Municipal Code:
(SEE ATTACHMENT "A")
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Encinitas
hereby approves application Case No. 13 -195 DRICDP subject to the following conditions:
(SEE ATTACHMENT "B ")
BE IT FURTHER RESOLVED that the Planning Commission, in its independent judgment, finds
that this project. is categorically exempt from environmental review pursuant to Section 15302 of the
California Environmental Quality Act Guidelines (CEQA) which exempts the replacement of existing
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structures where the new structure will be located on the same site a's the structure and will
have the same purpose and capacity as the structure replaced.
PASSED AND ADOPTED this 17 th day of April, 20 1 4 by the following vote, to wit:
AYES:
NAYS: -
ABSENT:
ABSTAIN:
Kurt Groseclose, ' chair of the
Planning Commission of the City of
Encinitas
ATTEST:
Manjeet Ranu,- AICP
Secretary
NOTE: This action is subject to Chapter 1.04 of the Municipal cede, which specifies time limits for legal
challenges.
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ATTACHMENT-"All
Resolution No. 2014-
Case No. 13 -196 DRICDP
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 the provisions of the
Municipal code.
Facts:- The applicant requests approval of a -Design Review Permit and Coastal Development
Permit application to allow the demolition of an exist_ ing duplex and the construction of a new-
twinhome with associated site improvements on two (2) existing, legal lots. The project site is
located within the Residential 11 (R -11 ). zone and the Coastal Zone. The surrounding
neighborhood consists of a mixture of single- and multi -- family residential structures. No specific
-plan' is applicable to the subject property.
Discussion: Based on review of the project drawings, the twinhome structure complies with all
applicable development standards of the Municipal Code for the R -11 zone except for existing
legal nonconformities (sideyard setback and building height) being maintained in accordance with
the provisions of Section 30.76.1 20 (Nonconformities) of the Encinitas Municipal Code. The
project complies with the permitted maximum lot coverage and .Floor Area Ratio (FAR) standards
for the R -11 zone as well as parking and landscaping standards. The twinhome development of
the subject property- is complimentary and compatible with multi - family residential - developments
in 'the surrounding neighborhood relative to building bulk and mass, architectural design and
parking. The project design as proposed conforms to all applicable goals and. policies of the
General Plan. 'The twinhome residential development is consistent with the General Plan
residential designation of the subject property.
Conclusion: The Planning commission finds that the proposed project design is consistent with
the General Plan and provision of the Municipal Code.
b. The project design is substantially inconsistent with the Design Guidelines.
Facts: chapter 23.08 requires the issuance of a Design Review Permit for the construction of
more than one custom single - family dwelling including twinhomes. The City's design Guidelines
establish design criteria for project review in the areas of site planning, grading,
circulafionlstreetscape, architecture, lighting, and landscape.
Discussion: The proposed site plan, building massing,. and plantings are designed to be
respectful of views from neighboring properties. The existing character of the land and
landscape will be improved with the proposed twinhome structure and site improvements with
new landscaping and hardscape improvements. Proposed garages will be accessed off of
Cambridge Avenue. The twinhome structure has been located on the site so as to create
useable and functional exterior spaces including balconies in scale with the structure. Existing
and proposed site walls and fences separate private use areas between each unit and from
adjacent properties.
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Access to each unit will be directly off of Cambridge Avenue. The project proposes a minimum of
two (2) enclosed parking spaces within a garage for -each unit. Each driveway is proposed with
turf block concrete and stone paving in front of the garages.
The varied rooflines and the customized - features and colors and materials proposed for each
unit will provide the variation necessary to meet the intent and recommendations of the City's
Design Guidelines. Varied wail planes and roof designs for the proposed units create visual
interest and reduce apparent bulk and mass of the units. The building design also creates a
transition in form and scale by gradually transitioning from single -story elements to two -story
elements on all four corners of the building.
Review of the project colored elevations and color /materials board shows that the proposed
units will have a common theme in colors and materials which are complementary to each
other and the existing developments in the neighborhood. The proposed units include natural
stain wood siding and beige /tan exterior walls with tan clad windows, dark green exposed
woods, brown/tan stone veneer and brown/tan composition asphalt roofs. Each unit includes
balconies with stainless steel cable railings on -the east elevation and glass guard railings on
the west elevation. Garage doors will be brown sectional roll up panels with optional glass
light panels.
The building character of the design is well established and carried throughout all elevations.
The proposed architectural features are. sufficiently dimensioned and articulated to provide
visual relief and interest. Existing and proposed site walls and fences are complementary of
the proposed building materials and proposed plantings, which sufficiently screen and soften
their appearance.
Each unit will be wired for current or future installation of solar panels.' The project will also
include circuitry infrastructure to support at least one (1) electric vehicle charging station in
each unit. As a condition of approval, the applicant must provide evidence of implementing
green measures listed above prior to issuance of building permits.
Conclusion: The Planning Commission finds that- the proposed project is consistent with the
Design Guidelines.
C. The project would adversely affect the health, safety, or general welfare of the community.
Facts /Discussion: The applicant requests approval of a Design Review. Permit and coastal
Development Permit application to allow for the construction of a twinhome structure with
associated site improvements on two (2) existing legal lots. Twinhome residential development is
a permitted use in the subject R -11 zone. The project is exempt from environmental review
pursuant to Section 15302 of the California Environmental Quality Act Guidelines (CEQA) which
exempts the replacement of existing structures where the new structure will be located on the
same site as the structure replaced and will have the same purpose and capacity as the structure
replaced. - All services/infrastructure are available to serve the subject property. No - evidence has
been submitted or discovered that would suggest that the proposed project would adversely
affect the surrounding neighborhood or community.
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.
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Conclusion: The Planning Commission finds that the project would not adversely affect the
public health, safety, or general welfare.
d. The project would cause the surrounding neighborhood to depreciate materially in appearance or
value.
Facts:- The applicant requests approval of a Design Review Permit and Coastal Development
Permit application to allow for the construction of a twinhome and associated site improvements
on two (2) existing legal lots. The project site -is located within the Residential 11 (R -11) Zone.
Discussion: Development of the site would transform it consistent with the Encinitas General
Plan's residential designation of the property and consistent with the, residential character of
the surrounding neighborhood. The proposed development is consistent with the City's
Design Guidelines as discussed above. Proposed colors, materials and architectural features
are well coordinated and complementary and the two (2) attached units are in proportion with
the scale- of the development in the surrounding neighborhood. No evidence has been
submitted or discovered that would suggest that the proposed project would cause any
material depreciation- to the .appearance or value of the surrounding neighborhood.
Conclusion: The, Planning Commission finds that the proposed project would not cause the
surrounding neighborhood to depreciate materially in appearance or value.
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FINDINGS FOR A COASTAL DEVELOPMENT PERMIT
STANDARD: Section 30,80.090 of the Municipal code provides that the authorized agency must
make the following 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 approval of a Design Review Permit and coastal Development
Permit application to allow the demolition of an existing duplex and the construction of a new
twinhome with associated site improvements on two (2) existing legal lots. The project .site is
located within the Residential 11 (R -11) zone and the ' Coastal Zone.. The surrounding
neighborhood consists of a mixture of single -- and multi - family residential developments. All
necessary public facilities and services are in place to serve the project. No specific plan is
applicable to the subject property.
Discussion: Related to finding No. 1, with the approval of the Design Review Permit, the project
complies with or is conditioned to comply with all applicable policies of the Local. Coastal
Program. Related to finding -No. 2, the project is exempt from environmental review pursuant to
Section 15302 of the California Environmental Quality Act Guidelines (CEQA) which exempts the
replacement of existing structures where the new structure will be located on the same site as the
structure replaced and will have the same. purpose and capacity as. the structure replaced. No
evidence has been identified or submitted that would suggest that the project would have an
adverse impact on the environment. Related to finding No. 3, the project site is located on
Cambridge Avenue which is not between the sea or other body of water and the nearest public
road.
Conclusion: The Planning Commission finds that 1) the project is consistent with the certified
Local coastal Program of the city of Encinitas; 2) no potentially significant adverse impacts to the
environment will result and the project is exempt from environmental review pursuant to Section
15302 of the California Environmental Quality Act Guidelines (CEQA); and 3) finding No. 3 is not
applicable to the project since it is not located between the sea or other body of water and the
nearest public road.
PBDI RS \T:1Reso1utlonslRPC13- 196DRCDP - 6 .-
APRIL 17, 2014 ITEM 4 17 of 56
ATTACHMENT "B"
Resolution No. PC 2014 -
Case No. 13 -196 DR/CDP
Applicant: New Horizon Inc.
Location: 2324 & 2326 Cambridge Avenue (APN: 261 - 093 -52)
SC 1 SPECIFIC CONDITIONS:
SC2 At -any time after two years from the date of this approval, on April 17, 2016 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 dated received by the City on
October 27, 2013 and project drawings consisting of nine (9) sheets including the Site Plan,
Existing Floor Plans, Proposed Floor Plans (3 Sheets), Roof Plan, Elevations (2 Sheets) and
Landscape Plan dated received by the City of Encinitas on April 1, 2014; all designated as
approved by the Planning Commission on April 17, 2014, 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 subject approval authorizes the continuation of two (2) existing structural
nonconformities including a nonconforming sideyard setback of 4 feet 9 inches on the
northwest corner of the twinhome structure and a maximum height limit - of approximately
27 feet for a flat roof element on the northwest corner of the structure. All other existing
legal nonconformities not being maintained as part of this approval shall be discontinued
and terminated in accordance with the provisions of Chapter 30.76 of the Municipal Cade.
2. 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
p
a- rchitect, landscape contractor, or an irrigation designer who also holds a State license in
the landscape field.
3. All architectural projections including the `bay window' element on the front elevation shall
comply with the requirements and intent of Section 30.16.010E8 of the Municipal Code.
No living /habitable space shall be permitted within the minimum required setbacks for the
R -11 zone.
4. All fences and walls shall comply with ail ' height and location requirements specified in
Chapter 30.16 of the Municipal code. Any new fence and retaining wall combinations over 6
feet in height not included as part of this approval shall require approval of a Design Review
Permit.
PB0IRSIT:IReso1utions\RPC1 3 -1 96DRCDP - 7 -
APRIL 17, 2014 ITEM 4 18 of.56
5. The design of all exterior light fixtures shall be reviewed and approved by the Planning and
Building Department prior to issuance of building permits.
6. Prior to issuance of any building permit, the applicant shall submit evidence demonstrating
implementation of the following green building measures and features required as part of this
approval:
• Wiring for current or future installation of photovoltaic in each unit; and
• Installation of circuitry infrastructure to support at least one (1) electric vehicle charging
station in each unit.
SCB The following conditions shall be completed and/or fulfilled to the satisfaction of -the
Engineering Services Department:
1. The proposed driveways fronting Cambridge Avenue shall be limited to 12 feet wide per
lot.
2. Prior to approval of a building permit, the applicant shall be responsible for the construction
of public improvements along the property frontage of Cambridge Avenue. The existing AC
paving driveway approach within. the public right -of --way shall be demolished to the edge of
the travelled way, but to ensure a minimum of 24 feet. of. AC pavement. Street
improvements shall include a 6 -foot wide (miry.) permeable paver parking' area /water
quality swale and a 5 -foot wide DG path along the entire property frontage. The pavers
shall be surrounded on all sides by a 6 --inch wide by 16 -inch deep PCC flush curb. The AC
pavement widening, the PCC flush curb and first two (2) feet of the permeable pavers shall
-be sloped at 2% to the flow line, and then rise at no more than 5% slope to the back of the
pervious pavers. The pervious paver cross section shall be pervious paver blocks with
.318 -inch course sand gaps, over 2 -inch thick layer 3/8 -inch pea gravel, over 12 -inch thick
layer 3/ -inch gravel. A. Grading or Public Improvement Plan shall be required for the
improvements in the right -of -way.
3. The existing dirt alley shall be improved with full width asphalt paving with a .3 -foot wide
concrete ribbon gutter down the center.- The alley shall be sloped to the center of the
gutter. The minimum structural section shall be 4 -inch AC over Class II base ANF 6 -inch
-PCC for the ribbon gutter. Transitions shall be outside -of the property frontage.
4. The applicant shall provide stormwater quality treatment facilities to collect and treat the
runoff generated by all new and/or removed and replaced impervious surfaces before
discharging to the alley.
5. 'Each unit shall have a separate sewer lateral. owner shall pay to increase sewer. capacity
fees from current 1.5 to 2.0 EDU'S. -
6. The site currently accepts runoff from Cambridge Avenue. Project shall maintain historical
drainage .patterns and shall not increase any runoff to neighbors with the required frontage
improvements.
7. The owner of the subject property shall execute a hold_ harmless covenant regarding public
drainage across the subject property prior to approval of the grading and/or building permit
for this project.
G1 STANDARD CONDITIONS:
CONTACT THE PLANNING AND BUILDING DEPARTMENT REGARDING COMPLIANCE WITH THE
FOLLOWING CONDITIONS:
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
PBDI RSIT :IReso1utions\RPC13- 196DRCDP - 8 -
APRIL 17, 2014 ITEM 4 19 of 56
shall be of a form and content satisfactory o the Planning and Building Director. The Owner
(s)
g g (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 with a reduced (8 % in. x
11 in.) 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.
G12 Prior to any use of the project site pursuant to this permit, all conditions of app_ roval 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 project.
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.
G23 Any wall, fence, or combination thereof exceeding 5 ft. in height and facing any neighboring
property or visible from the public right -of -way shall be subject to design review pursuant to
Section 23.08.040.A.1 of the Encinitas Municipal Code. Where a minimum 2 ft. horizontal offset
is provided, within which screening vegetation is provided to the satisfaction of the Planning and
.Building Department, the fence /wall may not be considered one continuous structure for purpose
PBDIRS 1T :\Reso1utions\RPC13- 196DRCDP - 9 -
APRIL 17, 2014 ITEM 4 20 of 56
of measuring height and may be exempted from design review provided none of the offset fences
or walls exceed 5 ft. in height pursuant to Section 23.08.030.13.1.
L1 The project is subject to Chapter 23.25 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 23,20. 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 project.
L2 All required plantings and automated irrigation systems shall be in place prior to use or _
occupancy of - new buildings or. structures. All required plantings and automated_ irrigation
systems shall be maintained in good condition, and whenever necessary, shall be replaced with
new materials to ensure continued compliance with applicable landscaping, buffering, and
screening requirements. All landscaping and irrigation systems shall be maintained in a manner
-that will not depreciate adjacent property values and otherwise adversely affect adjacent
properties. All irrigation lines shall be installed and maintained underground (except drip irrigation
systems).
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.
B1 _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 plans), 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 may be required.
PBDl RS \T:1Resolutions\RPC13- 195DRCDP -10-
APRIL 17, 2014 ITEM 4. 21 of 56
F1 FIRE CONDITIONS:
CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE WITH THE
FOLLOWING CONDITION(S):
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.
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.
F -13 ADDRESS 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 inches high with a % --inch stroke width for residential buildings, 8 inches high with
a '/ -inch stroke for commercial and multi - family residential buildings, 12 inches high with a 1-
inch 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.
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). (NOTE: All
covered verandas and decks shall have fire sprinklers.)
F18 . CLASS "A" ROOF: All structures shall be provided with a class "A" Roof covering to the
satisfaction of the Encinitas Fire Department.
F21 SOLAR PHOTOVOLTAIC INSTALLATIONS (Solar Panels): Solar Photovoltaic systems
shall be installed per Encinitas Fire Department installation guidelines.
F22 Basement:
• All basements shall be designed and equipped with emergency exit systems consisting of
operable windows, window wells or exit door that's leads directly outside via staircase and
exit door or exit door at grade.
■ Window wells or Light wells that intrude into side yard or backyard setbacks of five feet or
less shall require 'a hinged grating covering the well opening. The grating shall be capable
of supporting a weight of 2501b person; yet must be able to be opened by someone of
minimal strength with no special knowledge, effort or use of key or tool. Any modification
of approved plans related to this condition shall be subject to re- submittal and review by
City staff (Fire, Building and Planning).
PBDI RSIT :IReso1utions\RPC13- 196DRCDP - 11 -
APRIL 17, 2014 ITEM 4 22 of 56
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.
EG1 Gradinq Conditions
EG3 The developer shall obtain a - grading permit prior to the commencement of any clearing or
grading of the site.
EG4 The grading for this project is defined in chapter 23.24 of the Encinitas Municipal Code. Grading
shall be performed under the observation of a civil engineer whose responsibility it shall be to
coordinate site inspection and testing to ensure compliance of the work with the approved grading
plan, submit required reports to the Engineering Services Department -and verify compliance with
Chapter 23.24 of the Encinitas Municipal code.
EG5 No grading shall occur outside the limits of the project unless a letter of. permission is obtained
from the owners of the affected properties.
EG5 Separate grading plans shall be submitted and approved and separate grading permits issued for
borrow or disposal-sites if located within the city limits.
EG7 All newly created slopes within this project shall be no steeper than 2:1.
EG8 A soils/geological/hydraulic report (as applicable) shall be prepared by a qualified engineer
licensed by the State of California to perform such work. The report shall be submitted with the
first grading plan submittal and shall be approved prior to issuance of any grading permit for the
project.
EG9 Prior to hauling dirt or construction materials to any proposed construction site within this project
the developer sha=ll submit to and receive approval from the Engineering Services Department for
the proposed haul route. The developer shall comply with all conditions and requirements the
Engineering Services Department may impose with regards to the' hauling operation.
EG 10 In accordance with Section 23.24.370 (A) of the Municipal code, no grading permit shall be
issued for work occurring between October 1 st of any year and April 15th of the following year,
unless the plans for such work include details of protective measures, including desilting basins or
other temporary drainage or control measures, or both, as may be deemed necessary by the field
inspector to protect the adjoining public and private property from damage by erosion, flooding, or
the deposition of mud or debris which may originate from the site, or result from such grading
operations.
EG 13 owner shall provide a precise grading plan prior to approval of building permit. Grading plan shall
provide design for drainage improvements, erosion control, storm water pollution control, and on-
site pavement.
PBD\ RS \T:IReso1utions\RPC13- 196DRCDP - 12 -
APRIL 17, 20-14 ITEM 4 23 of 56
EG14 A grading permit shall be obtained for this project unless the proposed grading is exempt ' under
section 23.24.990 of the Municipal Code. If the proposed grading is exempt from permit
requirement; the owner shall provide a precise site plan prior to approval of a building permit.
The building site plan shall provide design for drainage improvements, erosion control, storm
water pollution control, and on -site pavement.
ED 1 Draina a conditions
ED2A An erosion control system shall be designed and installed onsite during all construction activity.
The system shall prevent discharge of sediment and all other pollutants onto adjacent streets and
into the storm drain system. The city of Encinitas Best Management Practice Manual shall be
employed to determine appropriate storm water pollution control practices during construction.
ED3 A drainage system capable of handling- and disposing of all surface water originating within the
project site, and all surface waters that may flow onto the project site from adjacent lands, shall
be required. Said drainage system shall include any easements and structures required by the
Engineering Services Department to properly handle the drainage.
ED5 The owner shall pay the current local drainage area fee prior to issuance of the building permit for
this project or shall construct drainage systems in conformance with the Master Drainage. Plan
and City of Encinitas Standards as required by the Engineering Services Director.
ED8 The drainage system shall be designed to ensure that runoff resulting from a loo -year frequency
storm under developed conditions is equal to or less than the runoff from a' storm of the same
frequency and duration under existing conditions. Both 5 hour and 24 hour storm durations shall
be analyzed to determine the detention basin capacities necessary to accomplish the desired
results.
ES 1 Street conditions
ES5 Prior to, any work being performed in the public right-of-way, a right -of -way construction permit
shall be obtained from the Engineering Services Department and appropriate fees paid, in
addition to any other permits required.
ES1 o Improvements constructed within the- present or future public right-of-way shall be considered
temporary. The owner shall enter into an encroachment removal covenant agreeing to remove
those improvements at the direction of the city.
EU 1 Utilities conditions
EU4 All proposed utilities within the project shall be installed underground including existing utilities
unless exempt by the Municipal Code.
ESW 1 Storm Water Pollution Control Conditions
ESW3 Best Management Practice shall be utilized for storm water pollution control to the satisfaction
of the city Engineer. The surface run off shall -be directed over grass and landscaped areas
prior to collection and discharge onto the street and/or into the public storm drain system. If
pipes are used for area drainage, inlets shall be located to allow maximum flow distance over
grass and non- erodable landscape areas. A grass lined ditch, reinforced with- erosion control
blanket, or a rip -rap lined drainage ditch .shall be used instead of a concrete ditch where
PBDIRSIT :IResolutions\RPC13- 196DRCDP -13-
APRIL 17, 2014 ITEM 4 24 of 56
feasible. Hardscaped areas and driveways shall be sloped toward grassy and landscaped
areas. Driveways with agrass- or gravel -lined swale in the middle can be used if the site
topography does not allow for the discharge of driveway runoff over landscaped areas. The
Grading -Plan /Permit. Site Plan shall identify all landscape areas designed -for storm water
pollution control (SWPC). A note shall be placed on the plans indicating that the BMPs are to
be privately .maintained and the facilities not modified or removed without a permit from the
City.
ESW5 The project must meet. storm water quality and pollution control requirements. The applicant
shall design and construct landscape and/or turf areas and ensure that all flows from
impervious surfaces are directed across these areas prior to discharging onto the street. A
Grading Plan /Permit site Plan identifying all ' landscape areas designed for storm water
pollution control (SWPC) and Best Management Practice shall be submitted to the City for
Engineering Services Department approval. A note shall be , placed on the plans indicating
-that the modification or removal of the SWPC facilities without a permit from the- City is
prohibited.
ESW9 For storm water pollution control purposes, all runoff from -all roof drains shall discharge onto
grass and landscape -areas prior to collection and discharge onto the street and/or into the public
storm drain system. Grass and landscape areas - designated for storm water pollution control
shall not be modified without a permit from the city. A note to this effect shall be placed on the
Grading plan.
PBDIRS \T:\Resolutions\RPC13- 196DRCDP -14-
APRIL 17, 2014 ITEM 4 25 of 56
EXHIBIT PC -5
CPP Final. Report
Case No.: 13 -196 DR/CDP
Planning Commission Meeting
April 17, 2014
APRIL 17, 2014 ITEM 4 26 of 56
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CITIZEN j?TICIPA TION FLAN REPOR
2m L
For The New Horizon Twit Hynes � -..._ �z..: _. � � ��.�. �.�_��..a��}xr,.. ��•
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Vase 1Va. 13 -196 .,.,�.... ..,..r..V���
g The
following is the report for The Citizen Participation Plan held on November 2nd, 2013 at
p
2324 and 2326 Cambridge Avenue, Cardiff by the Sea.
1. What techniques did you use to notify and involve the public regarding
your application?
Design Review & Coastal Development Permit application was submitted on
9128113
■ Green notification sign installed on site on 9129113.
■ An invitation letter was prepared and mailed out on 10/1 8/13 to the following:
• Property owners within 500' (191 people)
• occupants within 5 00' (109 people)
• California Coastal Commission
• Cardiff Town Council
■ Cardiff by the Sea Chamber of Commerce
• Cohn + Associates (Project Architect)
• City of Encinitas Planning Department
■ The meeting was held on 1112113. A total of 5 people attended in addition to the
Architect & the owners..
■ See included attachments at end of report.
- Invitation
- Mailing Lists
-Sign in Sheet
-Comments/Concerns form
- Assessors Parcel Map
2, what concerns, issues and problems did you hear during the process?
■ None everyone was very positive about the project and the design. The neighbor
to the north Alexa Davis expressed concern about construction noise and the
starting times for construction in the morning.
3. How have you addressed the concerns, issues and problems raised?
■ There were no concerns other than construction noise. we told the neighbor that
the city nforced construction hours and we would work within those hours. we
y
also indicated that the contractor would get in touch with her and other immediate
neighbors p rior to construction and provide contact information as well as let
them know when major events would occur such as concrete deliveries.
APRIL 17, 2014 ITEM 4 27 of 56
4. If there are concerns, issues and problems you aren't able to address
during the process, explain?
■ There were no concerns that we were not able to address.
APRIL 17, 2014 ITEM 4 28 of 56
9124113
New Horizons Twin Homes
Would like to invite you to attend a
NEIGHBORHOOD MEETING
To discuss the proposed residences at 2324 & 2326 Cambridge Avenue
Cardiff, CA
This project is for a Design Review and Coastal Development Permit Case No. 13 -198 for two
single- family residences located at 2324 & 2328 Cambridge Avenue in Cardiff by the Sea. Attached
single- family homes (twin homes) require Design Review and a Coastal Development Permit. We
are also asking for a determination of existing natural grade in order to confirm that lot slope is
under 10 %. The project site is in the R -11 zone. The existing property currently has a stacking
duplex that was constructed in 1977. The property has two garages facing Cambridge with
approximately 2,159 square feet of living space in the two existing units. We are proposing to
convert the two units to a side by side twin home and convert the existing crawl space to habitable
basement space. The existing site slopes down from east to west. Lot size is 5,000 square feet.
Vegetation consists of a few trees, various shrubs and turf ground cover. The north side yard -is
mostly unimproved, while the south side yard is the entry walk to the existing units. Each of the
proposed units are two - stories over a basement with 1,233 square feet of above grade living space,
827 square feet of basement living space and a 412 square feet of garage. The project meets all
requirements of the zoning Ordinance. The homes are designed in contemporary style
incorporating exterior cement plaster, wood siding, asphalt shingle roofs and exposed wood rafter
tails. Two story duplexes and twin homes surround the site with a one story sirigle family residence
across the street to the east. We will be submitting an application for Coastal Development Permit
to the City of Encinitas. Plans are available for review upon request. Please contact Gary Cohn of
Cohn + Associates a@7 858 755 7308.
We are looking .forward to meeting you and discussing any concerns or questions you may have
regarding this proposed project. if you can't attend the meeting or if you have questions before
then, please free to contact us at the above telephone number or by email at gars @cohn- arch.com
with any questions or comments. In the event of inclement weather, the meeting will be held at the
site on 2324 & 2328 Cambridge Avenue in Cardiff by the Sea in the Garage.
We would like to hear from you.
Please join us on Saturday, November 2, 2013
11:00am -- 1:0opm
SITE MEETING
At
2324 & 2328 Cambridge Ave.
Cardiff, CA 92007
"This notice is being sent to you in fulfillment of the City of Encinitas Citizen Participation Program requirements (E.M.C. 23.06). This
outreach effort to our neighbors is necessary because an application for development has been or will be filed with the City of Encinitas,
Planning & Building Department. The sole purpose of this process is to be a preliminary tool for opening a dialogue and to ensure that
the project applicants and the citizens both have an opportunity in the planning process to discuss, understand, and try to resolve
neighborhood issues related to potential impacts of a proposed project on the surrounding neighborhood. It is not meant to necessarily
change or prevent a proiect as proposed. Please continue to monitor any notices you receive as changes may be made to the project
before the final decision is made. Questions about this notice and the proposed development should be directed to the contact
information above. Questions regarding the Citizen Participation Program should be directed to the Planning & Building Department at
(760) 633 -2710.
APRIL 17, 2014 ITEM 4 29 of 56
SIGN - IN SHEET
PROJECT: 2324 & 2326 Cambridge Avenue
CASE #: 13 -196 DR /CDP
NAME ADDRESS SIGNATURE
APRIL 17, 2014 ITEM 4 30 of 56
EXHIBIT PC -6
Application and Related Materials
Case No.: 13 -196 DR/CDP
Planning Commission Meeting
April 17,2014
APRIL 17, 2014 ITEM 4 31 of 56
DISCRETIONARY PERMIT APPLICATION
CITY OF ENCI N ITAS
PLANNING AND BUILDING DEPARTMENT A� 1
505 South Vulcan Avenue Application No. b� CDC
Encinitas, California 32024 Date of Application: t2
(760) 033 -2710 Community Area: r-
' Appointment Required Prior to Submittal I
APPLICANT NAME:I
G•
PROJECT ADDRESS: �� L��3`°Z �° C�"o N-PL4' A-Nit APN: 2% 00
PLANNING AND BUILDING DEPARTMENT USE ONLY
FEE APPLICATION TYPE (check all that apply) Code
[:1 Amendment Authorization by Council .................................. .........
PZ ■M...*..a.
❑ Annexation ................................................................................................................, ... .........
PZAN ........
❑ Coastal Development Permit— Appeal Zone? Y:❑ N:❑ ....... ..................... 0...#;.. a.......... ...................PZCO........
❑ Comprehensive initial Study (in- house) ................................................. V .................. 0000...........................
PZIS..........
❑ Conceptual Review -- Planning Commission or City Council .................................. ...............................
PZCR ... .....
❑ Comprehensive Initial Study: Contract Admin ............... . ................................. r.......................................
PZIC..........
❑ Design Review Planning Commission (<2500 Sq Ft) ........................................................... ..................PZD1.........
❑ Design Review Planning Commission (2501 -1 OK Sq Ft) ................................... a.... ...............................
PZD2.........
❑ Design Review Planning Commission ( >1 OK Sq Ft)) . .................................. *...... ......
PZD3...6.....
❑ Design Review Modification -- Planning Commission ........ . .................................................. r.................PZDP
........
ElEIR's: Contract Admin ................ . .................... ..................................... ... , ...... +..+... a.. ...........,...............
PZEC ........
❑ Environmental Review Exemption ...................... a........,* ......... r... .............. ............. .........r......,..............
PZEX ........
El Geotechnical Letter Report Review .......................... ... a.... a........................ r...
PZLT .........
El Geotechnical Review: Contract Admin..... ...................... ;.... ii.. a.,... i.. iELM ........ T.■...■. r... rr ...................... . .... .PZGC........
❑ Major Use Permit .............................................. ........................... - - -. I ........ .......... ■...■ r ...............................
PZMA .... ....
❑ Major Use Permit Modifications.... ........ ............... - -...._ ............ ............................... ........... . ....... ............
PZUA ........
EjParcel Map Waiver ...................... . ....... . .................................................................. * r. ..r............................
PZMW.......
Ej Planning Commission 1 City Council Interpretation ............... r ...... r*# i..# F. aF....■...+.■ at.■ a. ■..t.. ■ *....r.....r.._.........
PZIN ........ ..
❑ Resolution Amendments. . . . . . 0 . W..:m . . . . . . . . . . . . . . . . . oves . . . . . . . . . . . . . . . . . . .
PZRA ........
EJ Technical Studies: Contract Admin ..........................
PZTC
• Tentative Parcel Map (2-4 lots) / Modification ........... r....... r *..•,• .,............................ .....rr....r...... .............
PZTP.........
• Tentative Subdivision Map ................. . .................... *- ... rrrrME%P..------ ...
PZTM ........
❑ Tentative Subdivision Map with Density Bonus .................--............. ...........................,_.. ..............,....... PZTM ...,....
❑ Tentative Subdivision Map Modification ................................................................... ............................... PZMM .......
❑ Variance — Planning Commission f other ......... . .........................rr..., ................................................. P ....r...
El Variance — Planning Commission I SFR ...................._............ ............................. -- ................................ PZVS ........
❑ Violation ....... .............................. . .................... . ..... ............................ ............ PZVI....... D..
El Wireless Review: Contract Admin ..................... .... room .......... rr...... ..............a......,...r..... •. ! ZWC .......
Amount
DEPOSIT APPLICATION TYPE (check all that apply) (EX: PA String = Project No.- APPDEP- DEPOSIT)
Code Project No. Amount
El General Plan Amendment (no vote required) ... ............................. ............................... PZDGPA
El General Plan Amendment (vote required) ....... ............................... .06.4...0...................... PZDGPV
❑ Specific Plan and Specific Plan Amendments ................................ ............................... PZDSP
Ej Zoning Code Amendment ..................... ...... ......... PZDZCA
El EIR Consultant Deposit ...........................................r.......... .......................................... — PZDEIR
❑ Geotechnical Consultant Deposit .................................................... ............................... PZDGCD
❑ Technical Studies Consultant Deposit ............................................. ............................... PZDTSD
El Wireless Consultant Deposit ............................................................... ..........................., PZDWCD
Total Due:
CASHIER USE ONLY
Receipt: Check: Date:. Cashier:
Total Paid:
PBDIIT:IAAI?RJtc ald75o "nals0iscretionary hermit Applicatic EEM 4 32a6f: -0$ -14
Please complete the following:
Project Name: W�;V4 �'ouo
Project Address: 1°�`��
Between
(Street)
1!1NNaTi�!10ti1
Application No.: 1}- l
APN:
And 1(�g
(Street)
Name: 6ew bw /ikw 1 .
(Last, First, Middle Initial or Firm Name)
Phone: 600, 444• 4561? Email: SR?5 �{,TJ6l2iC�•GANIFax:03r
Address: 4 wow _
City: dCA5�' [ G� � .� _ . State:ZA,_ —Zip: qyoTJ1
OWNERS)
Name: f,/Caj alU l� c/o
(Last, First, M_ iddle Initial or Firm Name)
Phone: � � 41+* 4eOl Email:. �t7�� �'�'V�� ax:S; 1_13 • � ��
Address: 433 Tsmgo56 wAy
City:__ C7t��� _ State: q2457
ENGINEER IARCHITECT
Name:
Phone.
&&t-4 6,6� Iq co ". + P050LIIAtar
(Last, First, Middle Initial or Firm Name)
0� I 5Y 1�UL�, Email: �1v�--i<2
Fax: 8S� ; �,5(k vk
Address: C.'?wL N(1.N- %,-,, L* \A - - - 60 2.oj�
City: State:_ Zip: � 07s
64,C,.0 rc 1�1 6
"PLEASE ATTACH A DESCRIPTION OF THE PROPOSED USE 1 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.)
further understand that all fees and deposits submitted w ith this application will be refunded only as provided for by the ordinances and regulations in
effect at the time of the application submittal.
Signature, Owner Or Authorized Agent (Attach letter of authorization)
P J-O5i�- P14 T711136-5
Please Print or Type Signatory's Name
Dat
PBDt1T:\Ap(i iLattT,or2 14,als\Discretionary Permit ApplicatioaToEM 4 to tRf 256 -68-14
Application No.:D-(�ItV(
APPLICATION SUPPLEMENT S
CITY OF ENCINITAS
PLANNING AND BUILDING DEPARTMENT
Design Review MUP /MIN
TM/TPM Variance Other: . _ �� ��C� OF 1N)
1. Project Description. (Describe proposed project. Describe what you are requesting).
2E&COEFL, AM 20iTAW n 2�& i52L<E1&.z 7U)42 !ME!f-
a. building sq. ft. !2W. RA (AIT garage sq. ft. P2 ir AW (INIr
b. exterior material /color 51uu,.00 - �Wctff ZTAA3 ?Paoli -- �,�. 007&vaglCfe
C. window material/color AWH)JlitLOA CAAP 'EM �'fi�N% _
d. door material/color WOCP 1512CWP
e. roof material /color T S Cr [VG B&R)t4
or
f. Landscaping Percentage �*�,f 4 �?
g. Standards:
DENSITY
CODE REQUIREMENTS
PROJECT
1.5 DO G 8
Density Range
Mid -Range
Net lot area
Lot Width
Cul -de -sac lot width
NA
�-
Panhandle lot width
A*
--
Lot Depth
Front Yard Setback
Interior Side Yard Setback
0
---
It
Exterior Side Yard Setback
Rear Yard Setback
I(f A
Lot Coverage
Building Height
•
Off - Street Parking
iz
1�2w
FAR
PBD\\T:IA M a1d7Ro J4'nals\Discretionary Permit ApplicatioITAM 4 3AaQt -. -08-14
Application No.: l � °-l�� O'A)top-
Community Area .Q IF F State Coastal Zone? Yes ❑ No
Number of Proposed Residential Units: Attached 2 Detached
Number of Lots 2 Acres: Gross Net o -111
Related Case ?: ❑ Yes 9 No If yes, provide previous Case No.
Are there any slopes of a 25% or greater gradient or bluffs on the site? ❑ Yes X 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).
!ZME e-.-P P6WN ag�Y a�Z -M
am r&g� LS &I 12�-Jkmr-A T./O !-W-� !M a � YfL
ff
or
p �� � OM110 I 111 11 -
in
AI
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).
r
r
116111111111 11
9 rAJ. eN, 1 _ ulll
PBD11T:1AAiPM& AII2Qt4nalsTiscretionary Permit Applicati4TEM 4 35abf SW-08 -14
Application No.: 13,1C,14 O
General Plan Zoning Existing
Designation Designation Use
Subject Parcel: eq/ ���pVf
North: G P "//
of
South: _ �7�/(I��� �i`l� Owl/
East: 1 � .TJ �'C
West:
4. Project/parcel history. (Describe any past actions taken on this site or project or any other actions
taken on development of the site.)
TAW v N
Cm. � ra� Ca !��f ONM
� a Ilkl r Z s A fi .mac, 370 sf F% rmF O/W
KA UA
s�*
P13D11T:\AAPRIL 47Fo2&Ir4nais\Discretionary Permit ApplicatiXVEM 4 5ec-Of -08-14
Application No.:
*5. Project Design. (Describe the design of the project and how it relates to the subject property and
adjacent properties and uses).
IlMlg�: :;i�
•� •� r
Ail
AA
IR' W7rA
inu WIN, ZJAF&PAII
AA PF
�i
*6. View Preservation. (Describe what views are being maintained on adjacent properties and those
that may be impacted by this project.)
1111 11111 p��
ly
MOW Inv 110 1
dw pr
* 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.
PBDt�T:IApAEARILatt7gr a@*als\Discretionary Permit ApplicatiarIME M 4 L$MW256 -08 -14
Application No.:
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.
Iv h/ &M-1Z. D`ry A/C .
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.
-7-I)SERIV 17 -06b5 G E6 04 S/P / 1-14
DDYAI
IML
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 nonprofit organization as trustee or beneficiary or trustor of the trust.
AI'
4. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions,
Committees, and Council within the past twelve months? ❑ Yes ;R No If yes, please indicate persons).
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 pages as necessary.)
Signature of App' nt
//, TO_'LW d =En1&gs__
Print or type name of applicant
Date
PBD11 T:l Api%-L?aRkL .arl6Tpr2 &l'§4nals\Discretionary Permit ApplicatioA.19M 4 4&9! A § -OS -14
Application No.: 0 Alco
PLANNING AND BUILDING DEPARTMENT
CITY OF ENCINITAS
505 South Vulcan Avenue
Encinitas, California 92024
(700) 033 -2710
EVIDENCE OF LEGAL PARCEL
M ILI 15 �70 M
Applicant's Name Mgw AOR �gw Lh�e...O, Telephone
Mailing Address `3
City O CAA N GZ* State__62� Zip q2013;7
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 2eQI Page 0110-3 Parcel 25:2
Signature o A li ant
(Please Pri , t or Type Signatory's Name)
Date
PBDIIT:IAp 4 79m2Q UalsTiscretionary Permit ApplicativnlidTJE M 4 UotQ!200 08.14
W /
OI'ILOII
October 15, 2013
Gary Cohn
Cohn + Associates
512 Ilia de la Valle Suite 208
Solana Beach, California 92075
2525 Townsgate Rai., Suite 330
Westlake Village, CA 81 361
Tel: 805 - 3792100; Fax: 805 - 435 -3701
gQb.A amDAMew I-i .0fi t 1Houses. g=
�&- Authorization to Serve as Agent on 2324-2326 Cambridge Project
Dear Gary:
This will serve as your authorization to act as the agent of New Horizon, Inc. in
connection with the processing of the application for the above - referenced project with
the City of Encinitas (Cardiff by the Sea), California. Please let us know if you need
further confirmation.
Sincerely,
V k- se )h Stubbs
I r( ect Manager
co -
f
�va4
0 C 9 8 2013
CITY OF [--NC1N1TAS
APRIL 17, 2014 ITEM 4 40 of 56
DO c # 20110465210
'A.-CORDING ftEOUESTEU BY:
lin �� � First gmeriwn Title Insurence Comp
Maid Tax Stal o
AND WHEN RECORDED MAIL TO.' JUL 25. 2073 8:00 AM
OCT 2 8 2013 OFFICIAL RECORDS
Mr. Stubbs SAN DIEGO COUNTY RECORDER'S OFFICE
2625 Townsgate Road #330 Ertwa J. Dianenbwg, Jr., COUNTY flEC0i7DEH
Westlake Village, CA 91361 FEES: 1530.50
a�l CITY OF ENCINiTAS oc 0 PAGES: 2
IIII�IIIIIInIIIIIINIINIVIVU�IIIIII�uII�IUIIIII�INIIIIIIIINiII IIIIU
Title order No.: � L - -- Escrow No.: 006828 -DT
GRANT DEED
THE UNDERSIGNED GRANTOR(S) DECLARE(S)
DOCUMENTARY TRANSFER TAX is $1,51 2.50
[X] computed on full value of property conveyed, or
[ ] computed on full value less value of liens or encumbrances remaining at time of sale
[ ] Unincorporated area [X] City of Encinitas AND
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Walter Boroditsch and Ira Boroditsch, Husband and wife
hereby GRANT(s) to:
Delaware
New Horizon, Inc., a 1 Corporation
the real property in the City of Encinitas, County of San Diego, State of California, described as:
LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT "A" AND MADE A PART HEREOF
Also Known as: 2324 and 2326 Cambridge Avenue, Cardiff, CA 92007
AP #: 261 - 093 -52 -00
DATED July 8, 2013
STATE OF CALIFORNIA 4
COUNTY OF
On t' -- Walter oroditsch
before me, _ 1A JA If
A at blic it d f sa ,S ate ers nally eared - I rl - -
Ira Boroditsch
ar _
who proved to me o bass of satisfactory evidence to be
the person(s) whose narne(s) is/are subscribed to the within
instrument and acknowledged to me that helshelthey .
executed the same in his/her/their authorized capacity(ies), DARLE N E F ttSilE
and that by his/her/their signature {s} on the instrument the
�m�tiss�on g1��3
persons , or the entity upon behalf of which the persons �lotAfY Public - Ca #itornla
acted, executed the instrument. $0 Diego co�nty �.
I certify under PENALTY of PERJURY under the laws of the State ����. �x � "15 2016
of California that the foregoing paragraph is true and corre h
WITNESS mfr hand and official seal.
Signature At (Seal)
MAIL TAX STATEMEN T PARTY SHOWN OW; IF NO PARTY SHOWN, MAIL AS DIRECTED ABOVE:
APRIL 17, 2014 ITEM 4 41 of 56
■
Order Number: DIY - 4444166 2945
Page Number: 6
LEGAL DESCRIPTION
Real property in the City of ENCINITAS, County of San Diego, State of California, described as
follows;
LOTS 7 AND 8 IN BLOCK 13 OF CARDIFF, IN THE CITY OF ENCINI`fAS, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 1298, FILED IN THE OFFICE
OF THE RECORDER OF SAID SAN DIEGO COUNTY, NOVEMBER 14, 1910,
APN: 261 - 093 -52 -00
APRIL 17, 2014
First American TI tle
Page 6 of 13
ITEM 4
42 of 56
AU6 13 2013
APRIL 17,2014 ITEM 4 43 of 56
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APRIL 17,2014 ITEM 4 43 of 56
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Project Drawings
Case N 13 -196 DR/CDP
Planning C ommission Meeting
April 17, 2014
APRIL 17, 2014 ITEM 4 56 of 56