1. Executive Summary

The following Specific Plan is respectfully submitted pursuant to the condition contained in the City of Solana Beach Resolution No. 96-94, which amended the General Plan rezoning the subject property from Agricultural to Low Residential.

The applicant shall process the proposed project’s Tentative Map concurrently with this Specific Plan under separate cover. Concurrent processing and approval of the Specific Plan together with the Tentative Map is imperative so that building pad sizes and elevations, street design and other project improvements are established to ensure that the proposed project entitlements are well-defined while reasonably preserving existing adjacent property viewsheds.

It is the intent of the entire Project Team to uphold all conditions of Resolution No. 96-94, the Environmental Impact Report and the SELC/SOS/Community Agreement executed August 9, 1996. The Project Team’s goals are focused on creating a neighborhood that is sensitive to the context of Solana Beach and is compatible with and complementary to the adjacent and surrounding homes; a development that is aesthetically pleasing and contains design elements that are driven by responsible planning efforts which ultimately create desirable neighborhoods of lasting value.

This Specific Plan has been revised in response to input from the community, City Council and City staff. It is structured in clear, concise sections that are intended to be prescriptive in addressing the review process, planning issues and methods of how the project is to be realized. The contents of this Specific Plan are detailed to thoroughly address both neighborhood and the City of Solana Beach’s concerns and clearly exceeds the State of California guideline requirements for Specific Plans (see Appendix 1.0).

The applicant shall have the right to sell “custom lots” and/or build all or some of the proposed homes on the approved lots. Market conditions shall dictate applicant’s decision.

The applicant has properly notified neighbors within 1,000 feet of the subject site and has responded to each of nine letters received from the community. Applicant has met with individual homeowners to resolve concerns regarding view preservation and design issues and hereby requests that the City of Solana Beach City Council and staff review this Specific Plan, listen to community input during the public hearing, then make any appropriate and reasonable suggested revisions for final approval.

The applicant proposes to earn City Council approval of this Specific Plan and the Tentative Map on or before February 4, 1997. Approval of a Final Map and Building Plans and Elevations shall be reviewed for approval by City staff thereafter. Commencement of grading is projected to occur during the summer of 1997.

2. Purpose of the Specific Plan

This Specific Plan has been prepared to allow for the development of approximately 10 acres owned by Isao and Midori Nakatani and Rios Drive Associates, located at the northeast corner of Rios Avenue and Patty Hill Drive in the City of Solana Beach. This document sets forth the basic premises for the use of the land, land development controls and restrictions on building colors, setbacks, heights and landscaping. It also contains the Resolution Environmental Impact Report and Agreements necessary to achieve the uses and goals set forth herein. This Specific Plan is to be adopted by City ordinance and, in effect, become the major component zoning and land use document for the subject property binding upon applicant and any successors.

3. Location and Physical Description

The subject land is located approximately 300 feet south of the San Elijo Lagoon in the City of Solana Beach. The property is specifically located between Rios Avenue to the west and the slope embankment of the Barbara Avenue subdivision to the east. Patty Hill Drive defines the southern edge of the property and the vacant Skerret property establishes the northern boundary. The subject property is approximately 10 acres of previously disturbed land, formerly a flower farm, with the existing Nakatani residence located at the southeast corner of the site (the Nakatanis’ residence is intended to remain and is not a part of this Specific Plan). The landform is sloping from southeast to northwest.

4. Project Goals and Objectives

This residential development proposes to create a “livable” neighborhood through the implementation of sensitive street and lot design. Varied setbacks respond to the individual conditions of each parcel and the overall goals of the project (i.e., views, variety in setbacks, grading, etc.).

Vicinity Map

Zoning Map

5. Relevant Documents

The following documents shall govern the Final Map, CC&Rs and execution of the development:

•    California Coastal Commission Development Regulations

•    State of California Planning, Zoning and Development Law, Article 8, Specific Plan Preparation, 1995 (see Appendix 1.0)

•    SELC/SOS/Community agreement dated August 9, 1996 (see Appendix 2.0)

•    City of Solana Beach General Plan Amendment Resolution No. 96-94 (See Appendix 3.0)

•    City of Solana Beach Municipal Zoning Ordinance

•    City of Solana Beach View Assessment Guidelines and Toolkit Resolution No. 94-72

6. Conditions of Approval

City staff shall not approve applicant’s Final Map or issue building permits until all of the following conditions are met to the satisfaction of the respective staff departments:

1.    The subject subdivision shall have no more than 24 lots/single-family homes plus the existing home at the southeast corner of the property, with a minimum lot size of 14,000 square feet.

2.    Applicant shall pay an in-lieu fee to be placed into a fund administered by the San Elijo Lagoon Conservancy for appropriate lagoon conservation measures. This fund will be kept separate from all other funds of SELC and can be audited at any time. The fee shall equal one-half of the approximate cost of the proposed revegetation plan, and said fee shall not exceed $42,500 (SELC in-lieu fee).

3.    At the applicant’s request, the applicant shall satisfy the required affordable housing obligation off site only under Chapter 17.70 of the Zoning Ordinance without increasing the number of single-family homes within the subdivision, and to the satisfaction of the appropriate staff departments and City Council prior to recordation of a Final Map.

4.    Prior to issuance of grading permit, applicant shall bond for, or make any necessary improvements to, the storm drain catch basin at the north end of Rios Avenue to mitigate effects on the lagoon, to the satisfaction of the City Engineer.

5.    Prior to approval of any Tentative Subdivision Map, the owner and/or developer shall submit proof of execution of school mitigation agreements, or other arrangements acceptable to school districts as well as City Council.

6.    Roofing materials shall be limited to earthen colors and shall be of non-reflective materials. Roofline designs shall be architecturally varied, wherever possible, so as to provide diversity of appearance.

7.    All rear home elevations facing existing adjacent residences shall include window trim. The exteriors of the proposed residences, appurtenant structures and their future modifications shall be limited to earthen colors.

8.    Prior to recordation of a Final Subdivision Map, developer shall provide landscaping plans for those areas to be planted by developer, and a fencing plan, for those fences to be installed by the developer, to the satisfaction of the Community Development Director and the City Engineer.

9.    The subdivision shall contain at least 15 percent single-story homes. Lots 6, 15 and 16 shall be restricted to a structure which is single-story. Lot 5 shall be limited to two-story construction only within the southern 50 percent of the pad area. Notwithstanding the above, there shall be a minimum of two single-story homes within Lots 1 through 10.

10.    Developer shall be responsible for half-width improvements of both North Rios Avenue and Patty Hill Drive as they front on the proposed subdivision; these improvements shall include curbs and gutters as required by the City of Solana Beach. Such improvements shall be completed to the satisfaction of the City Engineer.

11.    Developer shall provide limited improvements to the intersection of Patty Hill Drive and Barbara Avenue. These improvements shall be completed to the satisfaction of the City Engineer.

12.    Developer shall provide appropriate traffic stop controls at the project entrance to the satisfaction of the City Engineer.

13.    Developer shall contribute proportionately to the future improvement of the intersection ramps at both the northbound and southbound movements to and from Interstate 5 at Lomas Santa Fe Avenue. Said fee amount shall not exceed $300.00 per dwelling unit, or an amount mutually agreed upon between developer and the City of Solana Beach. Said fee shall be established prior to recordation of Final Map and payable prior to issuance of building permits.

14.    Developer shall conduct additional testing of the site to determine if adverse levels of concentrations of agricultural chemicals exist prior to the issuance of a grading permit. The results of such test(s) shall be reviewed and approved by the County of San Diego Department of Environmental Health, Site Assessment and Mitigation Division.

15.    Developer shall water freshly graded surfaces, both cut and fill, to the maximum extent allowed by the on-site engineering geologist in order to control fugitive dust. Additional use of water-based suppressant and dust control mitigation strategies shall be used as required to absolutely minimize fugitive dust transport outside of the project’s boundaries.

16.    Developer shall notify the grading contractor in writing, prior to the issuance of excavation/grading permits, of the presence and potential presence of chlorinated pesticides, including DDT. Developer shall also share all soils test results with grading contractor. If so directed by the County of San Diego Department of Environmental Health, the grading and excavation plans shall include an on-site monitoring program to determine personnel exposure limits (PELs) as well as potential for off-site disbursing of airborne or solidborne pesticides.

17.    Prior to grading of the site, a mounding study shall be conducted to determine the potential for groundwater rise beneath the finished subdivision. Such study shall be completed to the satisfaction of the City Engineer.

18.    Prior to grading of the site, a comprehensive engineering geology study of the site shall be conducted to the satisfaction of the City Engineer.

19.    Prior to grading, developer shall consult with the appropriate agency to implement a rodent vector control plan to minimize fugitive rodent migration.

20.    Only more modern construction equipment, with current muffling on exhaust stacks, shall be utilized. Older equipment, lacking modern muffling, shall not be permitted.

21.    All tracked vehicles shall be maintained daily. Special attention shall be paid to the lubrication of the tracks so as to prevent excessive noise generation.

22.    Construction activities shall be limited to the hours of 7:00 a.m. to 5:00 p.m., including maintenance and start-up of equipment.

23.    Grading activities shall be limited to the non-rainy season, described as roughly from April 1st through October 31st, unless otherwise conditioned by the California Coastal Commission.

24.    All graded slopes shall be sandbagged during the rainy season to prevent any drainage across the face of a slope.

25.    All finished grades will be constructed so as to direct future drainage away from cut and fill slopes.

26.    Any graded pads left undeveloped during the rainy season shall be constructed in a manner (utilizing sandbags and other devices as necessary) so that they will act as detention basins. The surface of the pad(s) shall act to store runoff, releasing it to the street drains only at a rate less than or equal to the natural runoff rate.

27.    Landscaping (temporary if necessary) shall be installed on all cut and fill slopes prior to the onset of the rainy season. Similarly, graded pads that are to be left vacant for an appreciable period of time during the rainy season shall also be temporarily landscaped with ground cover.

28.    Equipment deliveries, the parking of construction equipment, the parking of the personal vehicles of construction personnel and of related vehicles shall be limited to within the bounds of the subdivision during construction, until such time as the half-width improvements to North Rios Avenue and Patty Hill Drive are completed.

29.    Laydown storage and vehicle parking shall be limited to areas within the subject property following initial grading.

30.    A qualified paleontological consultant shall be retained prior to the initiation of grading activities and the consultant shall attend all pre-grading meetings.

31.    The paleontological consultant shall monitor all excavations below the weathered zone of the site; if significant fossil materials are encountered during grading, adequate time shall be afforded to the consultant to remove the materials. All fossil materials so recovered shall be curated at an appropriate scientific institution, approved by the Community Development Director, where they shall be made available for future study and reference by qualified professionals and a brief report of the findings and their disposition shall be made to the City Council.

32.    Developer shall underground existing overhead utilities which are currently located along the proximate portion of Patty Hill Drive, and along the northern boundary of the property, to the satisfaction of the City Engineer, at the developer’s sole expense.

33.    Covenants, conditions and restrictions (CC&Rs) for the project shall be submitted to the City Attorney for approval prior to the recordation of any Final Subdivision Map of the property and shall include, but not be limited to, the following:

a.    Developer shall coordinate with the San Elijo Lagoon Conservancy a list of plant species which shall not be planted within the project. (Said list has been completed and is contained within this Specific Plan as Appendix 4.0.)

b.    Developer shall distribute to all new homeowners, for their educational use, general rules provided by the San Elijo Lagoon Conservancy, including the list of plant species which shall not be planted, and a list of California native plant species as suggested landscape material, as provided from the Tree of Life Nursery.

c.    Homeowners shall not feed cats outdoors.

d.    Dogs shall be kept on leash unless inside a fenced yard. Homeowners must clean up pet waste.

e.    Developer shall plant and homeowners’ association (HOA) shall maintain slopes, planted crib walls, parkways, meandering paths and landscape areas within the common and easement areas.

f.    Landscaping throughout the proposed subdivision shall be allowed, subject to specified height limitations. The planting of tree species normally known to grow to heights in excess of 25 feet shall be prohibited, as shall planting of vegetation on any portion of a lot that would, in combination with that species’ known height at maturity, likely exceed 25 feet above the elevation of the lot’s building pad, or the height of the home situated on that particular lot, whichever is less.

g.    All swimming pools and spas within the project shall be installed with a sewer cleanout adjacent to the pool/spa equipment for draining of pools and spas. Pools/spas shall never be drained into streets, storm drains, backyards, or over fences. Swimming pools and spas shall not be readily visible from front yards.

h.    Landscaping along the eastern property boundary slope shall be limited to low-to-moderate growing materials that will not exceed the height of the adjacent home within the subdivision.

i.    The homeowners’ association, at their sole expense, shall contract with the City of Solana Beach or other appropriate entity to have the streets of the subdivision swept on a monthly basis during the period of April through October. Street sweeping shall include the streets internal to the subdivision as well as the proximate parts of both North Rios Avenue and Patty Hill Drive. Street sweeping shall be by means of a vacuumized sweeper as determined appropriate by the City Engineer.

j.    Recreational vehicles, trailers and boats and/or commercial vehicles shall not be parked within the subdivision or the proximate portions of North Rios Avenue and Patty Hill Drive for more than 12 hours.

k.    Any exterior remodeling, any exterior repainting of homes, accessory structures, fences or walls, or any major landscaping projects must receive prior written approval from the HOA board of directors.

l.    Homeowner’s garage doors shall remain closed at all times except when in use.

m.    Each homeowner shall be responsible for installing their front yard landscaping within 120 days of occupancy of their new home and shall properly maintain such front yard landscaping, walls, fences, accessory structures, driveways and roofs.

n.    Appurtenant structures such as potting sheds, fences, satellite dishes, gazebos, etc., shall be prohibited on site wherever their placement would interrupt existing neighboring viewsheds. Homeowners must receive prior written approval from the HOA’s board of directors for the installation of any appurtenant structure which is over six feet in height.

o.    Street lights, overhead lights, wall-mounted, landscape and other lighting fixtures shall be of minimal illumination levels to provide security and function. Exterior lighting shall be properly shielded to limit spillage to adjacent properties and to the satisfaction of the City Engineer and/or the HOA board of directors. Flood lights spilling onto any adjacent properties or the San Elijo Lagoon shall be prohibited.

p.    CC&Rs shall contain appropriate mechanisms for the permanent ongoing maintenance of areas including but not limited to common landscaping, the HOA board of directors’ ability to assess and collect assessments for said maintenance and its ability to enforce proper homeowner’s maintenance of front yard and exterior home maintenance, and to fine and/or lien violators, and otherwise enforce adherence to the CC&Rs.

q.    CC&Rs shall clearly provide that the homeowner is responsible of compliance with CC&Rs and also responsible and liable for any renter’s violations.

r.    CC&Rs shall contain reasonable restrictions on the number of pets allowed per dwelling unit.

s.    CC&Rs shall provide that in the event of lot sales lot owners shall keep weeds abated per City Fire Codes and provide proper erosion control on any vacant lot.