2022-45 - EGDocuSign Envelope ID: D731 Al 70-8B8D-4923-8317-001 1 AAE5EC9A
CITYF NOTICE OF DECISION
'Encinitas
Development Services Department
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Project Name:
Fox Point Farms
Request:
Substantial Conformance application to request
modifications to the site planning and architecture for the
residential product, recreation center, and commercial
buildings of the previously approved Fox Point Farms, which
was approved by Planning Commission Resolution No.
2020-27.
Discretionary Action:
Substantial Conformance (SUBC)
CEQA Determination:
Consistent with the EIR (SCH# 2020039079) Certified by
Planning Commission Resolution 2020-28
DECISION:
APPROVED
Project Number:
SUBC-005590-2022
DSD Number:
2022-45
Location:
1150 Quail Gardens Dr
Community:
Leucadia
APN:
254-612-12
Applicant:
Brian Grover, Nolen Communities
Representative:
Brian Grover, Nolen Communities
Project Planner:
Christina Bustamante, Associate Planner,
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Decision Date:
October 18, 2022
Report Approval:
® Anna Colamussi, Assistant Director
DocuSign Envelope ID: D731A170-8B8D-4923-8317-0011AAE5EC9A
ITEM NAME: Fox POINT FARMS
PROJECT NUMBER: SUBC-005590-2022
October 18, 2022
This document is to certify that the applicant's proposed plans dated received by the City of
Encinitas on August 23, 2022, have been determined to be in substantial conformance with the
originally approved Design Review Permit and Coastal Development Permit, on December 17,
2022, by Planning Commission Resolution No. PC 2020-27, Case Nos. MULTI-003524-2019/
SUB-003526-2019/ DR-003528-2019/ CDP-003529-2019.
BACKGROUND:
The project site is located at the corner of Leucadia Boulevard and Quail Gardens Drive, within
the Encinitas Ranch Specific Plan. The site had historically been used as an agricultural land use
since prior to the City of Encinitas incorporation. Greenhouses and miscellaneous agricultural
structures and a single-family home previously existed on the site.
The Planning Commission approved Case Nos. MULTI-003524-2019/ SUB-003526-2019/ DR-
003528-2019/ CDP-003529-2019 (Resolution No. 2020-27) on December 17, 2020, for a
Tentative Map, Density Bonus, Design Review, and a Coastal Development Permit which allowed
for the demolition of an existing single-family residence and greenhouse structures to create a
four (4) lot subdivision, and construction of a 250-unit residential "Agrihood" community, including
a farmstand market, farm -to -table restaurant with on -site alcohol service as an accessory use,
agricultural uses, a private recreation center and event venue and outdoor space, grading and
landscaping improvements and the use of three temporary construction trailers.
The Planning Commission approved a Tentative Map Modification and Coastal Development
Permit to establish a condominium form of ownership for 197 previously approved residential units
(53 residential units of the total 250 units approved have been approved for condominium form of
ownership) on October 21, 2021, by Planning Commission Resolution No. PC 2021-41, Case
Nos. MULTI-004657-2021, SUB-004658-2021, CDPNF-004659-2021.
The Planning Commission reviewed the Final Map and found it to be in conformance with
Tentative Final Map No. SUB 003536-2019 on August 31, 2022. The City Council Approved the
Final Map, on September 6, 2022. The Clerk of the Board of Supervisors accepted the map for
recordation on September 13, 2022.
The modifications proposed with this substantial conformance application will remain consistent
with the maximum density standards outlined in Chapter 30.16 (R30 OL Zone) of the Municipal
Code and the Encinitas Ranch Specific Plan with the benefit of State Density Bonus Law noted
in California Government Code Section 65915. The project site is not located between the sea
and the first public road, therefore the requirements of Section 30200 et. Seq. of the Coastal Act
does not apply. The modifications associated with this substantial conformance application are
detailed in the "Project Summary/Analysis" section of the report.
PROJECT SUMMARY/ANALYSIS:
This determination is based upon the following modifications:
Community Event Venue Building:
The modifications to the Community Event Venue included removal of a concrete low wall, and
removal of glass sky lights. The design of the wood framed trellis changed slightly, but it is still in
the same general orientation and location on the northwest building elevation. The doors on the
southeast elevation changed from two sets of single -doors to two sets of double -doors. The doors
on the southeast elevation have been removed, but the doors on the northwest elevation and the
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DocuSign Envelope ID: D731A170-8B8D-4923-8317-0011AAE5EC9A
ITEM NAME: Fox POINT FARMS
PROJECT NUMBER: SUBC-005590-2022
October 18, 2022
southwest elevation remain. The doors on the support building southwest elevation changed from
a single door to a set of double -doors, and the doors on the northeast elevation added a set of
decorative wood framed barn doors in addition to the double doors.
Farm Operations Buildings:
The farm operations buildings are not subject to design review, but the modifications are
mentioned for documentation purposes. The color scheme of the buildings has changed from
dark brown and grey to predominately dark brown. A wood framed glass storefront has been
added. The outdoor covered patio area has been expanded to span across both farm operation
buildings whereas before it was only featured on one building. The design of the roof has also
changed but remains consistent with the "agrihood" design theme.
Recreation Center:
The recreation center massing changed because it was a two-story building and is proposed as
a one-story building. Although the building is changing from two-story to one-story, the quantity
of amenities will remain the same such as the fitness room, sports simulator room, a lounge, a
club room, a game room, and work -share space. The maximum height will remain relatively the
same at thirty-seven feet (37 ft.), with the tower elements extending up to the previously approved
height. The colors and materials remain the same with siding, wood accents and decorative
lighting fixtures. The windows although different in size and placement, are consistent with the
previously approved design. The overall building will be consistent with the "agrihood" theme that
is used throughout the project.
Farmstand/ Restaurant:
The Farmstand and Restaurant building is the same with relatively minor design modifications
that were determined necessary during review of the construction documents. The location of the
sign has changed from the northeast elevation to the northwest elevation. The maximum height
will remain the same as the previous approved maximum height which was thirty-nine feet (39
ft. ).
Residential Products:
The residential products such as the 6-plex, 7-plex and 13-Plex, had a variety of changes. The
most evident is the increase in the offset plane variation. Per Municipal Code Section
30.16.010.E.6, articulation is required for all front elevations, and for all rear elevation visible from
a public right of way; no more than 75 percent of a building fagade can be on a single plane; and
an average of a five-foot offset, with a minimum of one foot, is required for the remaining 25
percent of the building face. The 6-plex, 7-plex, and 13-plex feature a minimum 30 percent offset
with most of the product featuring more than a 30 percent offset. The elevations have a minimum
average offset of five feet (6) with the front elevations featuring an average offset of seven feet
(7'). Therefore, the modifications comply with Municipal Code section 30.16.010.E.6 The colors
are a little different instead of white and tan, the color scheme is now shades of white and light
grey. The pattern of the siding has changed slightly. The roof pitch changed to include more
variation. The 13-Plex had a loft (11 feet - 8 inches x 18 feet - 3 inches) added in what was
previously empty space below the roof.
Site Plan:
There are very minor modifications reflected on the site plan to illustrate that the footprint of some
of the buildings have shifted, but overall, everything is substantially the same as what was
previously approved.
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DocuSign Envelope ID: D731A170-8B8D-4923-8317-0011AAE5EC9A
ITEM NAME: FOX POINT FARMS
PROJECT NUMBER: SUBC-005590-2022
October 18, 2022
The project will substantially be the same as it was previously approved. The structures will
feature similar colors and materials with many of them being the same. The design will be
consistent with the approved "agrihood" theme of the overall project.
FINDINGS:
This determination is based on the following findings for substantial conformance with a
Design Review Permit pursuant to Encinitas Municipal Code Section 23.08.140:
1. No project condition is changed or deleted;
The proposed modifications does not affect the original conditions of approval. All
conditions of approval of Planning Commission Resolution No. 2020-27 and 2020-28
and City Council Resolution No. 2021-06 shall remain in full force and effect.
2. No feature, facility, or amenity is deleted or substantially altered which had been
considered essential to the project's quality, safety, or function by the decision
making body;
No feature, facility, or amenity is deleted or substantially altered with this approval.
The project will continue to provide the same number of amenities and will be able to
accommodate the same anticipated programing opportunities and land uses as the
previously approved plan.
3. The area of any residential floor plan or any nonresidential building is not
decreased or increased by more than five percent;
The Development Summary on Sheet A1.1 shows a detailed comparison in square
feet of what was approved and the modifications that are proposed. The overall
change of the entire square footage of the site is 4.64 percent with most of the
modifications in space occurring in the 13-plex housing product, the restaurant,
farmstand, agricultural buildings and multi -use event and education center.
4. No additional lots or dwelling units are added;
The quantity of dwelling units would remain the same and no additional lots are
proposed to be added with these modifications.
5. No private or public open space is reduced in area or in its potential for use and
enjoyment;
The total area in square feet of private and common open space areas remain the
same as the previously approved plans. Municipal Code section 30.16.010.E.12,
requires a minimum of 100 square feet of private open space per unit and 200 square
feet of common open space per unit. Private and common open space can be
combined for a total of 300 square feet overall, located on site. The project provides
private open space in the form of patios, decks, balconies, and California rooms for all
multi -family units. The single-family products provide front and rear private porches for
the Cottage units and roof decks for the Carriage units. Most units meet the private
open space requirement, with the studio units a little short of this requirement.
Although the project does not provide 100 square feet of private open space per unit,
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DocuSign Envelope ID: D731A170-8B8D-4923-8317-0011AAE5EC9A
ITEM NAME: Fox POINT FARMS
PROJECT NUMBER: SUBC-005590-2022
October 18, 2022
if the combined private open space and common amenity area is a minimum of 300
square feet per unit, that may be permitted. The project is providing a combined 489
square feet of open space per unit. Furthermore, the required common amenity space
at 200 square feet per unit would have been a minimum of 50,000 square feet, but the
project is exceeding that requirement by providing 70,400 square feet of common
amenity open space which is 489 square feet of combined open space per unit.
The recreation center building is an amenity within the common open space area. The
recreation center building changed from two stories to one story. Although this is a
reduction in floors, the quantity of features and amenities remains the same, such as
the fitness room, sports simulator room, a club room, a lounge, a game room and a
work -share space.
6. The shape and bulk of structures, exterior building materials, landscaping,
parking and access are substantially in conformance with the spirit and intent
of the design review decision;
Although some of the design features have changed, the project maintains the spirit
and intent of the original permits. The project would remain true to the intended land
uses and overall "agrihood" theme.
7. The grading plan will not increase or decrease the final grade on any part of the
site by more than three feet over or under the plan approved by the design
Review decision, unless the Director finds that (1) the design is substantially
altered by the grading change, (2) the design review approval specifically
prohibits variation to the elevation of the pads, or (3) the change in pad elevation
impacts surrounding views, and/or substantially increases the bulk and mass of
a building; and
No changes to the grading plans are required to accommodate the requested
modifications.
8. No significant changes are made which, in the opinion of the Director, should
be reviewed by the body which approved the original design review application.
Based on the discussion above, the Department finds that there are no significant
changes that would require the review of either the Planning Commission or City
Council.
This determination is based on the following findings for substantial conformance with a
Coastal Development Permit pursuant to Encinitas Municipal Code Section 30.80.130:
1. Prior to commencement of the use and the issuance of a building permit or any
other permit required for the construction of a project for which a coastal
development permit is required, the Director shall determine whether the plans
submitted for such construction permit are in substantial conformance with the
coastal development permit.
The project amenities, land use and opportunities for future programing will remain
consistent with the previously approved plans. Further, the project would continue to
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DocuSign Envelope ID: D731A170-8B8D-4923-8317-0011AAE5EC9A
ITEM NAME: FOX POINT FARMS
PROJECT NUMBER: SUBC-005590-2022
October 18, 2022
comply with the previous conditions of approval. Thus, the proposed modifications are in
substantial conformance with the previously approved coastal development permit.
Environmental Status: The project has been determined to be within the scope of the EIR
(SCH#2020039079) certified by Planning Commission Resolution No. PC-2020-28, on December
17, 2020. This project does not require additional environmental review pursuant to CEQA
Guidelines Article 11, Section 15162, because (1) there are no substantial changes proposed in
the project which would require major revisions of the previous EIR due to the involvement of new
significant environmental effects or a substantial increase in the severity of previously identified
significant effects; (2) no substantial changes would occur with respect to the circumstances
under which the project is undertaken which will require major revisions of the previous EIR due
to the involvement of new significant environmental effects or a substantial increase in the severity
of previously identified significant effects; (3) no new information of substantial importance, which
was not known and could not have been known with the exercise of reasonable diligence at the
time the previous EIR was certified as complete, shows any of the following (A) the project would
not have more significant effects not discussed in the previous EIR; (B) no significant effects
previously examined will be substantially more severe than shown in the previous EIR; (C) no
mitigation measures or alternatives found not to be feasible would in fact be feasible, and would
substantially reduce one or more significant effects of the project, but the project proponents
decline to adopt the mitigation measure or alternative; (c) no mitigation measures or alternatives
which are considerably different from those analyzed in the previous EIR would substantially
reduce one or more significant effects on the environment and no new mitigation measures are
proposed.
This determination shall be valid 15 calendar days from the date of this determination, during
which time any aggrieved person may, upon payment of necessary fees, file an appeal. Additional
permits, including Building Permits, may be required by the Building Department or other City
Departments. It is the applicant's responsibility to obtain all necessary permits required for the
type of project proposed. The applicant may proceed through the plan check process during the
appeal period at his/her own risk; plan check fees are non-refundable. Any filing of an appeal
will suspend this action as well as any processing of permits in reliance thereon in accordance
with Encinitas Municipal Code Section 1.12.020(D)(1) until such time as an action is taken on the
appeal.
Any questions should be directed to Christina M. Bustamante, at (760) 633-2710 or via email at
cbustamante@encinitasca.gov, or the Development Services Department at 505 South Vulcan
Avenue, Encinitas, CA 92024, (760) 633-2710 or by email at planning@encinitasca.gov.
Eg
DocuSigned by:
In.In.A. (t"Lkssi
E137385BA26B4C3...
Anna Colamussi
Assistant Director
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M fM
Certificate Of Completion
Envelope Id: D731 At 708B8D492383170011 AAE5EC9A
Status: Completed
Subject: Complete with DocuSign: 005590-2022 SUBC (1150 Quail Gardens Drive, Fox Point Farms) 2022-45.docx
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Brayden Davis
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505 S Vulcan Ave
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Encinitas, CA 92024
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bdavis@encinitasca.gov
IP Address: 70.183.94.130
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