2017-371214 DOC# 2017-0371214
Recording Requested By And
',\n When Recorded Mail To: ) Aug 15, 2017 03:58 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES. $54.00
City Clerk ) PAGES: 14
City of Encinitas )
505 S. Vulcan Avenue )
Encinitas, CA 92024 ) SPACE ABOVE FOR RECORDER'S USE
COVENANT REGARDING REAL PROPERTY:
LM ,� DESIGN REVIEW PERMIT AND COASTAL DEVELOPMENT PERMIT
b\ Assessor's Parc No: Case No. 16-066 DR/CDP
b 257-090-46-01 Building Plan Check Nos. 17-1069
A. Jacob Field Tucker, a single man and Deana Sue Darrah, a single woman as
joint tenants, ("OWNERS" hereinafter) are the owners of real property which is commonly
known as 258 Delphinium Street, ("PROPERTY' hereinafter) and which is described as follows:
PARCEL 1: AN UNDIVIDED 1/e INTEREST IN AND TO LOT 128 OF PACIFIC SERENA
UNIT NO. 3, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 6599, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM ANY AND ALL RIGHTS TO OCCUPY AND USE SAID LAND.
PARCEL 2: THE EXCLUSIVE RIGHT OF OCCUPANCY AND USE IN AND TO LOT 128
OF PACIFIC SERENA UNIT NO. 3, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 6599, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY.
EXCEPTING THE SOUTHERLY 31.71 FEET THEREOF.
B. In consideration of the approval of Case No. 16-066 DR/CDP and Building
Permit Nos. 17-1069 by the City of Encinitas ('CITY" hereinafter), OWNERS hereby covenant
and agree for the benefit of CITY, to comply with the terms and conditions of the permits as
follow:
SEE ATTACHMENT "A", PLANNING COMMISSION RESOLUTION NO. PC 2017-13, DATED
APRIL 20, 2017, WHICH IS ATTACHED HERETO AND MADE A PART HEREOF.
C. This Covenant shall run with the land and be binding upon and inure to the
benefit of the future owners, successors, heirs, personal representatives, transferees and
assigns of the respective parties.
D. OWNERS agree that OWNERS duties and obligations under this Covenant are
a lien upon the PROPERTY. After OWNERS have been given written notice and the
opportunity for a public hearing in accordance with the CITY'S Municipal Code, CITY may add
to the property tax bill of the PROPERTY any past due financial obligation determined to be
owing to CITY as a result of OWNERS' violation of this Covenant.
E. If either party is required to incur costs or expenses to enforce the provisions of
this Covenant, the prevailing party shall be entitled to full reimbursement of all costs and
expenses, including reasonable attorneys' fees, from the other party.
F. Failure of OWNERS to comply with the terms of this Covenant shall constitute
consent to the filing by CITY of a Notice of Violation of Covenant.
G. Upon OWNERS satisfaction of OWNERS duties and obligations contained
herein, OWNERS may request and CITY shall execute and record in the Office of the San
Diego County Recorder a Satisfaction of Covenant, and shall deliver to OWNERS a conformed
copy of the recorded document.
H. By action of the City Council, CITY may assign to a person or persons impacted
by the performance of this Covenant, the right to enforce this Covenant against OWNERS.
CITY shall give written notice to OWNERS of any such assignment.
ACCEPTED AND AGREED:
OWNERS:: (J 7
Dated 0 —/ �0 1 / by
�( ac, Id Tucker
(
�
Dated C) � / by
eana Sue Darrah
(Notarization of OWNER signature attached.)
� s
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy, or validity of that document.
State of California )
County of �34 N ESN /� ) / '
On l 5(tJ✓1� (�, J �� before me, �ko Q N;C aw . KJ 040L/W ?446 t
Date rr _ er Insert Name and Title of J Officer
personally appeared �GtCb�j r . {((C t ( A,,,p 4e0,✓kix _At212AN !UCKE2'1-
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
RODRIGO I.NICOIAI! I WITNESS my hand and official seal.
Notary Public-California
San Diego County
It
Commission 2191089
My Comm.Expires Apr11,2021 Signature
Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Cevtvlov4+ 11 cl v ?JPt ro
Document Date: 61 _%q` 1-Din ki Number of Pages: 13
Signer(s) Other Than Named Above: Zao &,�.Pa"u
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General
❑ Individual ❑Attorney in Fact ❑ Individual ❑Attomey in Fact
❑Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator
❑Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
02016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907
RESOLUTION NO. PC 2017-13
A RESOLUTION OF THE CITY OF ENCINITAS PLANNING COMMISSION
APPROVING A DESIGN REVIEW PERMIT AND COASTAL DEVELOPMENT
PERMIT TO ALLOW FOR A SECOND-STORY ADDITION AND INTERIOR
IMPROVEMENTS TO AN EXISTING ATTACHED DWELLING UNIT LOCATED
AT 258 DELPHINIUM STREET.
(CASE NO. 16-066 DRICDP; APN: 257-090-46-01)
WHEREAS, Deanna and Jacob Tucker submitted an application for a small demolition of
an existing enclosed porch and construct a second-story addition with interior improvements to
an existing attached dwelling unit within a 50 , interest subdivision, located at 258 Delphinium
Street, legally described in Exhibit A.
WHEREAS, the Planning Commission conducted a duly noticed public hearing on April
20, 2017;
NOW, THEREFORE, BE IT RESOLVED that the Encinitas Planning Commission hereby
APPROVES Case No. 16-066 DR/CDP based on the following Environmental Determination
and Findings:
Section 1. California Environmental Quality Act Determination
The project has been determined to be exempt from environmental review pursuant to California
Environmental Quality Act (CEQA) Guidelines Section 15301(e)(2). Section 15301(e)(2)
exempts additions to existing structures provided that the addition will not result in an increase
of more than 10,000 square feet. The proposed addition meets this criterion. None of the
exceptions in Section 15300.2 of the CEQA Guidelines exist.
Section 2. Discretionary Action(s) Findings
Based on the findings for a Design Review Permit as per Encinitas Municipal Code
Section 23.08.080 (Design Review) and the aforementioned analysis, Planning
Commission has made the following findings to support the approval, with conditions:
— l -- - _—_..-�._ _ __ _
Design Guideline Consisted �Ex�lanation of Protect Conformance
Design Guideline 2.4 4- Buildings should be I The location of the second-story addition allows
located to create useable and functional i for functional and usable exterior side yard and size of
exterior
nr Guideline n'e 2.4.I7- Buildings susho building. rear
be The s addition e lh is located on the rear
9 9 second-story
located, and/or designed, to help breakup or portion of the existing dwelling unit offset from
mitigate building mass. I the front of the garage. The applicant is
proposing a modern style design utilizing offset j
siding to break up the massing both horizontally ;
and vertically as well as decks, trellises, window
_ detail elements and planted trellises.
Design Guideline 2.4.10- In order to provide The second-story addition is offset 1
visual openness and pedestrian scale along 1 approximately 19 feet from the front of the
major street, heights of buildings should 1 garage. A low-pitched roof is proposed on the
F Design Guideline Consistence �_Ex�la__nat n of Project Conformance
generally be lower adjacent to the street ! frontage ontage maintaining a pedestrian scale along I
corridor, stepping to higher elements. Del hinium Street. 1
Design Guideline 2.5.4- Projects should be Significant views and public views are not
i designed to preserve some of the significant I present through the site from a public park or a
views through the site. Projects should be General Plan designated vista points and scenic
designed to preserve significant public ! corridors.
views. A significant public view is a view of a
significant feature (ocean, lagoon or
backcountry) as viewed from public parks 1
and General Plan designated vista points
I and scenic visual corridors. Trees and
vegetation that are themselves part of the
I view quality should be retained. j
Design Guideline 2.5.5 A- Complete No evidence has been provided indicating that
Preservation of views through the site is any significant medium or long-range views are
enjoyed by residents of nearby properties present from neighboring properties through the
site.
A. Complete Preservation of these views is
difficult, if not impossible. Project
viability can be severely reduced or
destroyed in an attempt to preserve
views for adjacent properties. The
smaller the site, the more difficult the
solution. On larger, sites however,
clustering the buildings can preserve can
preserve portions of the views or creating
view opportunities. The reckless and
unnecessary blockage of views should
be avoided to provide for some view
preservation. View preservation through
the site shall be considered when trees
are selected for landscaping on the site.
B. A significant view refers to a medium or
long range view from the primary living
area of significant features including the
coast, ocean, lagoons, backcountry
canyons, valleys, ridges and other
distinctive geographic features. The
primary living area is the area most often
occupied by the occupants of the
residence relative to other portions of the
residence and is where the view is
j observed. The determination of the
primary living area is to be made on a
case-by-case basis, but typically would
be a living room, family room, kitchen or
dining area, or outdoor patio or deck j
immediately next to the primary living
area.
Design Guideline Consistency I Explanation of Project Conformance j
Design Guideline 5.1.3- The character of the i The surrounding neighborhood in Old Encinitas
community in which the project is to be built includes an eclectic variety of residences
shall be considered when designing the ranging from the original 1970s design to new i
building. updated appearances. The project design is
consistent with the neighborhood character.
i
Design Guideline 5.1.4- The eclectic : The project includes an eclectic modern
architectural nature of Encinitas should be j architectural design that is complementary to the
reflected in any_project. ' site and neighborhood j
Design Guideline 5.4.2- Large or unbroken The second-story addition steps back from the
wall planes should be avoided. Building front of the garage approximately 19 feet. The
masses should be broken into smaller-scale project also utilizes Hardi-plank siding on all
elements. In order to produce shadows and sides of the existing residence and addition
visual relief, elevations should be articulated area, to provided visual relief. Window
with eave overhangs, decks, porches, ! treatments, a wood trellis, cable trellis and a
architectural projections and recesses, second-story deck break up the wall planes of
varied rooflines, varied materials and color, the dwelling unit and addition.
second story setbacks, courts and projected
'I windows.
Design Guideline 5.5.1- Exterior facing The design incorporates a low-pitched roofline,
materials are one of the major determinants two-tone color with Hardi-plank siding and
of a buildings visual image. Variety in stucco finishes. The applicant is proposing a
complementary exterior materials and colors variety of color tones to offset architectural
should be used. Additional colors, materials I features, while complement the adjacent
and details, including but not limited to dwelling unit,
fascia, trim and railings may be applied to
small areas to emphasize certain features
including entrances, decks, etc. Trim, fascia,
rafter tails and the like should be of sufficient
dimension to achieve the desired visual
effect and to be consistent with overall
character of the building desian. i
Based on the findings for a Coastal Development Permit as per Encinitas Municipal Code
Section 30.80.090 (Coastal Development Permit) and the aforementioned analysis,
Planning Commission has made the following findings to support the approval, with
conditions:
--- --- --- _– —
Finding for a Coastal Development Permit_v r Explanation of Finding
1. The proposed project is consistent With The proji6ct conforms to the Municipal Code and
certified Local Coastal Program of the City of ! policies of the General Plan as described in the
Encinitas. report. The project as proposed complies with
applicable development standards for the subject
2. The proposed development conforms with i R-11 Zone, including the non-conformity i
Public Resources Code Section 21000 and regulations for parking. The project is determined to
following (CEQA) and that there are no feasible j be exempt from environmental review.
mitigation measures or feasible alternatives I
available which would substantially lessen any The project site is located on Delphinium Street,
significant adverse impact that the activity may which is not between the first public road and the
have on the environment. sea.
Findinc for a Coastal Development Permit ; Explanation of Findinc
3. For projects involving development between i
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 302,00 at seq. of the Coasta
Act. i
The above environmental determination and findings are supported by the minutes, maps, and
exhibits, all of which are herein incorporated by reference
BE IT FURTHER RESOLVED that based on the Environmental Determination and
Findings hereinbefore adopted by the Planning Commission, Case No. 16-066 DR/CDP is
hereby subject to the conditions in Exhibit B.
PASSED AND ADOPTED this 20 day of April. 2017, by the following vote, to wit:
AYES: Apuzzo, Doyle, Ehlers, O'Grady
NOES: None
ABSTAIN: None
ABSENT: Drakos
Michael Glenn O'Grady, Chaj�
ATTEST:
Rdy $tapab. Secretary
EXHIBIT °A°
Resolution No. PC 2017-13
Case No. 16-066 DRICDP
LEGAL DESCRIPTION
Parcel 1:
An undivided 112. interest in and to Lot 128 of Pacific Serena Unit No. 3, in the City of Encinitas,
County of San Diego, State of California, according to map thereof, No. 6599, filed in the Office
of the County Recorder of San Diego County.
Excepting therefrom any and all rights to occupy and use said land.
Parcel 2:
The exclusive right of occupancy and use in and to Lot 128 of Pacific Serena Unit No. 3, in the
County of San Diego, State of California, According to Map Thereof No. 6599, filed in the Office
of the County Recorder of said County.
Excepting the southerly 31.71 feet thereof.
EXHIBIT"B"
Resolution No. PC 2017-13
Case No. 16-066 DR/CDP
Applicant: Deanna and Jacob Tucker
Location: 258 Delphinium Street(APN: 257-070-29-02)
SCI SPECIFIC CONDITIONS:
SC2 At any time after two years from the date of this approval, on April 20, 2019, at 5 p.m., or
the expiration date of any extension granted in accordance with the Municipal Code, the
City may require a noticed public hearing to be scheduled before the authorized agency to
determine if there has been demonstrated a good faith intent to proceed in reliance on this
approval. If the authorized agency finds that a good faith intent to proceed has not been
demonstrated, the application shall be deemed expired as of the above date (or the
expiration date of any extension). The determination of the authorized agency may be
appealed to the City Council within 15 days of the date of the determination.
SC5 This project is conditionally approved as set forth on the application and project drawings
stamped received by the City on January 20, 2017, consisting of 4 sheets including a cover
sheet/site plan (Sheet T-1), Floor Plan (Sheet 1), Elevations (Sheet 2) and Landscape Plan
(Sheet L-1) and Colored Elevations (Sheet 2); all designated as approved by the Planning
Commission on April 20, 2017, 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
Olivenhain Municipal Water District (OMWD):
1. The applicant shall meet all applicable requirements of the OMWD, including any
applicable fees associated.
G1 STANDARD CONDITIONS:
CONTACT THE PLANNING AND BUILDING DEPARTMENT REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITION(S):
G2 This approval may be appealed to the City Council within 15 calendar days from the date of
this approval in accordance with Chapter 1.12 of the Municipal Code.
G4 Prior to building permit issuance, the owner shall cause a covenant regarding real
property to be recorded. Said covenant shall set forth the terms and conditions of this grant
of approval and shall be of a form and content satisfactory to the Planning and Building
Director. The Owner(s) agree, in acceptance of the conditions of this approval, to waive
any claims of liability against the City and agrees to indemnify, hold harmless and defend
the City and City's employees relative to the action to approve the project.
G5 Approval of this request shall not waive compliance with any sections of the Municipal
Code and all other applicable City regulations in effect at the time of Building Permit
issuance unless specifically waived herein.
G7 Prior to issuing a final inspection on framing, the applicant shall provide a survey from a
licensed surveyor or a registered civil engineer verifying that the building height is in
compliance with the approved plans. The height certification/survey shall be supplemented
with a reduced (8 Y2-inches x 11-inches) 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 approva
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.
G23 Any wall, fence or combination thereof exceeding 6 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 of measuring height and may be exempted from design review
provided none of the offset fences or walls exceed 6 ft. in height pursuant to Section
23.08.030.8.1.
DESIGN REVIEW
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.
DR3 All project grading shall conform with the approved plans. If no grading is proposed on the
approved plans, or subsequent grading plans are inconsistent with the grading shown on
the approved plans, a design review permit for such grading shall be obtained from the
authorized agency of the City prior to issuance of grading or building permits.
F1 FIRE CONDITIONS:
CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE WITH THE
FOLLOWING CONDITIONS:
F13 ADDRESS NUMBERS: STREET NUMBERS: Approved numbers and/or addresses
shall be placed on all new and existing buildings and at appropriate additional locations
as to be plainly visible and legible from the street or roadway fronting the property from
either direction of approach. Said numbers shall contrast with their background, and
shall meet the following minimum standards as to size: 4 inches high with a 1/x- inch
stroke width for residential buildings, 8 inches high with a Yz-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 installation.
F18 CLASS "A" ROOF: All structures shall be provided with a Class "A" Roof covering to
the satisfaction of the Encinitas Fire Department.
B1 BUILDING CONDITION:
CONTACT THE ENCINITAS BUILDING DIVISION REGARDING COMPLIANCE WITH THE
FOLLOWING CONDITION:
B2R The applicant shall submit a complete set of construction plans to the Building Division for
plancheck processing. The submittal shall include a Soils/Geotechnical Report, structural
calculations, and State Energy compliance documentation (Title 24). Construction plans
shall include a site plan, a foundation plan, floor and roof framing plans, floor plan(s),
section details, exterior elevations, and materials specifications. Submitted plans must
show compliance with the latest adopted editions of the California Building Code (The
Uniform Building Code with Caldomia 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.
E1 ENGINEERING CONDITIONS:
CONTACT THE ENGINEERING SERVICES DIVISION REGARDING COMPLIANCE WITH THE
FOLLOWING CONDITIONS:
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 Grading Conditions
EG14 A grading permit shall be obtained for this project unless the proposed grading is exempt
under section 23.24.090 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.
ED1 Drainage 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.
ESW 1 Storm Water Pollution Control Conditions
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 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 Permit Site plan.
EU1 Utilities Conditions
EU4 All proposed utilities within the project shall be installed underground including existing
utilities unless exempt by the Municipal Code.