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1999-27 RESOLUTION NO. PC 99-27 A RESOLUTION OF. THE CITY OF ENCINIT AS PLANNING COMMISSION APPø.OVING A DESIGN REVIEW PERMIT AND A COASTAL DEVELOPMENT PERMIT TO ALLOW THE CONSTRUCTION OF A 36,403 SQUARE FOOT OFFICE PROFESSIONAL BUILDING FOR PROPERTY LOCATED AT 169 SAXONY ROAD (Case No. 99-030 DRlCDPÆIA; APN: 258-111-25) WHEREAs, a request for consideration of a Design Review Permit and a Coastal Development Permit was filed by Tucker Lewis I Mammoth Equities LLC to allow the construction of a two-story, 36,403 square foot Office Professional Building, in accordance with Chapters 23.08 and 30.80 of the Encinitas Municipal Code, for property located in the Office Professional (OP) Zoning District at 169 Saxony Road, legally described as: Parcel 2 of Parcel Map No. 8787, in the City of Encinitas, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, June 8, 1979 as File No. 79-238031, of Official Records; with an easement and right-of-way for road and public utility purposes over, along, and across that certain strip of land delineated and designated on said Parcel Map No. 8787 as: "proposed private road and utility easement." WHEREAS, the Planning Commission conducted a noticed public hearing on the application on June 1 0, 1999, at which time all those desiring to be heard were heard; and WHEREAs, the Planning Commission considered, without limitation: 1. The June 10, 1999 Agenda Report to the Planning Commission with exhibits; 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 dated received by the City of Encinitas on May 25, 1999 consisting of ten sheets, including: (1) Sheet 1 of 2, Preliminary Planting Plan; (2) Sheet 2 of 2, Preliminary Planting Plan (Interior Courtyard); (3) Sheet 1 of 1, Preliminary Site Plan; (4) Roof Plan; (5) Exterior Building Elevations (Northwest and Northeast); (6) Exterior Building Elevations (West Main Entrance and East); (7) Site Lighting Plan; (8) First Floor Plan; (9) Second Floor Plan; and (10) Line of Sight Study I Details. In cdVao/f:99-030pcl (6-1~99) 5 " addition, the application request includes two Color Elevation Drawings, a mounted Materials/Color Board, and a brochure of the crib-w~I material to be used. WHEREAs, the Planning Commission made the following findings pursuant to Chapters 23.08 and 30.80 of the EncinitasMunicipal Code: (SEE ATTACHMENT "A") NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Encinitas hereby approves application 99-030 DRlCDPÆIA subject to the following conditions: (SEE ATTACHMENT "B") BE IT FURTHER RESOLVED that the Planning Commission has reviewed the Environmental Initial Assessment (EIA) and finds, in its independent judgment, that this project will not have a significant adverse effect on the environment and, therefore, adopts a Negative Declaration pursuant to the California Environmental Quality Act (CEQA) Guidelines. This project will not individually or cumulatively have an adverse effect on wildlife resources as defined in Section 711.2 of the Fish and Game Code, and, therefore, a Certificate of Fee Exemption shall be made with De Minimus I~pact Findings. PASSED AND ADOPTED this 10th day of June 1999, by the following vote, to wit: AYES: Crosthwaite, Patton, Jacobson, Bagg NAYS: None ABSENT: None ABSTAIN: Birnbaum ATTEST: ~ U-lu-¡~ ~ Sandra L. Holder Secretary NOTE: This action is subject to Chapter 1.04 of the Municipal Code, which specifies time limits for legal challenges. cdIao/f:99~3Opc) (6-1~99) 6 _. ~ .- ATTACHMENT "A" Resolution No. PC 99-27 Case No. 99-030 DRlCDPIEIA FINDINGS FOR DESIGN REVIEW STANDARD: Section 23.08.072 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 Geøeral Plan, a Specific Plan, or the provisions of the Municipal Code. Facts: The application request proposes the construction of a two-story, 36,403 square foot Office Professional Building on an approximately 1.96 acre parcel. Office Professional structures are permitted by right within the Office Professional (OP) Zoning District (M.C. Sec. 30.09). The project site is not located within a Specific Plan area. Discussion: The project complies with the development standards for the OP Zoning District and applicable General Plan Policies related to development of property located in the OP Zone. The design of the structures and proposed building materials are compatible with the existing commercial structures located within the surrounding area. The project confonns to development standards for parking, landscaping, building setbacks, and structural height. Due to the location of the site within a developed commercial center and the approximately 400 foot distance of the site's entry drive to Saxony Road, the Planning Commission waives Municipal Code Section 30.20.01O.D.4 and Specific Plan Section 6.7.2.1.2 to allow some parking spaces to be located within the front yard setback. This waiver is consistent with the Off-Street Parking Design Manual Section I.D. Conclusion: Therefore, the Planning Commission finds that the project design is consistent with the General Plan and the Municipal Code development standards for the OP Zone. b. The project design is substantially inconsistent with the Design Review Guidelines. Facts: The Design Review Guidelines are set forth in Chapter 23.08 of the Municipal Code and relate to Site Design, Building Design, Landscape Design, and Privacy and Security. Discussion: Exterior building materials for the Office Professional structure include off- white stucco exterior walls with painted accent treatments and other accent features such as tile in-lays and the use of tower structures and window off-sets to provide variation in the building's exterior plane. The structure is proposed to measure 30 feet in maximum height to the top of the tower portions of the structures and approximately 27 feet 3 inches to the top of flat roofed portions of the structures. These structural heights conform to the 30-foot building height permitted within the OP Zone when measured from the approved grade. The proposed cd/crolf:99-03Opcl (6-1~99) 7 landscaping and parking facilities comply with Municipal Code development standards for the OP Zone. Security will be pursuant to typical security standards for similar professional office development. Conclusion: Therefore, the Planning Commission finds that the proposed project is in substantial conformance with the Design Review Guidelines established by Chapter 23.08 of the Municipal Code. c. The project would adversely affect the health, safety, or general welfare of the community. Facts: An Environmental Initial Assessment (EIA) has been prepared by the City's Environmental Consultant for the project, Craig R. Lor~nz & Associates, pursuant to the California Environmental Quality Act (CEQA) Guidelines. Discussion: The EIA has found that the project, as mitigated, designed and conditioned to confonn to development standards, will not pose a significant impact upon the environment. Conclusion: Therefore, the Planning Commission has adopted a Negative Declaration for the project and finds that the design of the proposed Office Professional building and associated improvements will not adversely affect the health, safety, or general welfare of the community. d. The project would cause the surrounding neighborhood to depreciate materially in appearance or value. Facts: The project is compatible with surrounding commercial and office professional development and complies with development standards for the OP Zoning District. Discussion: The proposed structure utilizes similar building materials which currently exist on other residential, retail and office buildings within the adjacent neighborhood. The project will ~ adequately landscaped to buffer the development from adjacent public rights-of-way and residentially zoned properties. The architectural design of the proposed structure is consistent with architectural designs on adjacent properties zoned for general commercial and office professional development. Exterior lighting of the Office Professional facility will be shielded to prevent glare spill-off onto adjacent properties. Conclusion: Therefore, the Planning Commission finds that the project shows high sensitivity to neighboring properties to ensure compatibility with land uses and community character and the project will not tend to cause the surrounding neighborhood to depreciate materially in appearance or value. cd/cro/f:99~3Opcl (6-10-99) 8 FINDINGS FOR A COASTAL DEVELOPMENT PERMIT STANDARD: Section 30.80.090 ,of the Municipal Code provides that the authorized agency must make the following f"mdings 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 confonns with Public Resources Code 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 rIDding 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 Pennit and a Coastal Development Permit to construct a two-story, 36,403 square foot Office Professional Building. Office Professional buildings are permitted by right within the Office Professional (OP) Zoning District (M.C. Sec. 30.09). The subject property is located within the City's Coastal Zone. Upon adoption of the City's Local Coastal Program, the City was authorized to issue Coastal DevelopmentPennitseffectiveMay 15, 1995. Discussion: The required findings for approving a Coastal Development Pennit are found in Section 30.80.090 of the Municipal Code. Related to Finding No.1, the project is in confonnance with the provisions of the Local Coastal Plan, which includes the General Plan and appropriate chapters of the Municipal Code. Related to Finding No.2, an Environmental Initial Assessment (EIA) bas been conducted for the project pursuant to the California " Environmental Quality Act (CEQA) Guidelines and a Negative Declaration has been adopted by the Planning Commission. Related to Finding No.3, the subject property is located on the east side of Saxony Road and no public access to coastal resources is feasible through the site. Therefore, no condition requiring public access is imposed on the project. Conclusion: Therefore, the Planning Commission finds that the project is consistent with the certified Local Coastal Program of the City of Encinitas, that required finding No.2 is not applicable since no significant adverse impact is associated with the project, and that the providing of public access or recreational facilities is not feasible or appropriate for a project at this specific location. cdicro/f:99~30pcl (6-1~99) 9 " ~ ATTACHMENT "B" Resolution No. PC 99-27 Project No.: 99-030 DRlCDPÆIA Applicant: Tucker Lewis / Mammoth Equities LLC Location: 169 Saxony Road SCI SPECIFIC CONDITIONS: SC2 This approval will expire on June 10, 2001 at 5 :00 pm, two years after the approval of this project, unless the conditions have been met or an extension of time has been approved pursuant to the Municipal Code. SC5 This project is conditionally approved as set forth on the application dated received by the City on February 1, 1999, and the project plans dated received by the City on May 25, 1999, consisting of ten sheets, including: (1) Sheet 1 of 2, Preliminary Planting Plan; (2) Sheet 2 of 2, Preliminary Pl~ting Plan (Interior Courtyard); (3) Sheet 1 of 1, Preliminary Site Plan; (4) Roof Plan; (5) Exterior Building Elevations (Northwest and Northeast); (6) Exterior Building Elevations (West Main Entrance and East); (7) Site Lighting Plan; (8) First Floor Plan; (9) Second Floor Plan; and (10) Line of Sight Study I Details. In addition, the application request includes two Color Elevation Drawings, a mounted Materials/Color Board, and a brochure of the crib-wall material to be used. All of the above listed items designated as approved by the Planning Commission on June 10, 1999, and shall not be altered without express authorization by the Community Development Department SCA Final design plans submitted for Building Permit planchec1ç shall adhere to all Parking Design Manual requirements including the provision for providing 12-inch concrete strips adjacent to the landscape island curbs which front along parking stalls, and the requirement for a two foot separation from a parking stall to an adjacent solid wall. SCB The trash bin enclosure shall be constructed of stucco-covered concrete block to match the exterior of the main structures. A 'view obscuring" gate, constructed of a solid metal material and painted to match the color of the stucco finish or the accent color of the main structure, shall be provided. Adequate space for recyclable materials shall be provided within, or adjacent to, the enclosure in accordance with Municipal Code requirements. A concrete apron, approximately five feet in width, shall be provided in front of the gates to the trash bin enclosure to ease the movement of the bin for dumping. SCC Implementation of the I-5/Leucadia Boulevard Interchange Improvement Program will provide relief for existing cumulative traffic congestion and mitigate the incremental contribution of traffic resulting from the proposed Office Professional project to a non- significant level. Project-level mitigation will include the payment of a fair-share traffic cd/crolf:99-03Opcl (6-1~99) 10 impact fee (the amount of which has yet to be determined). Arrangements to pay this fee shall be made at the time of building pennit issuance with the fee paid prior to final occupancy. Final occupancy approval shall not be granted until Leucadia Boulevard is fully operational between the 1-5 Freeway and El Camino Real. SCD Other than the monument sign approved as part of this application and small unlighted signage on the gl~ doors to tenant spaces indicating the name of the tenant, business hours, and suite number, no signage on the buildings is pennitted. If additional signage is proposed in the future, a modification to the Design Review Permit shall be processed through the Planning Commission. CONTACT THE SAN DIEGUITO WATER DISTRICT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: SCE If fire hydrants are required on-site by the Fire Department, the hydrants shall be part of a public water system. The developer shall construct the system to District standards and dedicate any necessary easements to the District. The developer will enter into a secured agreement with the District. All public water improvements shall be shown on improvement or grading plans for District approval. SCF District Ordinance No. 94-01 states that the use of potable water on landscape areas may be deemed an unreasonable use where reclaimed water is available. Therefore, this project will be required to utilize reclaimed water~ where feasible, when it becomes available. The owner is required to install landscape irrigation to reclaimed water standards in those areas that are to be served by reclaimed water. SCG An abandoned 27" water main is located on the property. The developer is responsible for removing the pipe and capping the ends at the property line. SCH Backflow Preventer Devices shall be installed and certified for all water meters. The developer is required to comply with the District's fees, charges, rules and regulations. Gl STANDARD CONDITIONS: CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 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 pennit issuance, the applicant 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 fonn and content satisfactory to the Community Development Director. cdicrolf:99~3OpcI (6-1~99) 11 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 Pennit issuance unless specifically waived herein. Gll All roof-mounted equipment and appurtenances, including air conditioners and their associated vents, conduits and other mechanical equipment, shall be architecturally integrated, and shall be shielded from view and sound buffered to the satisfaction of the Community Development Department. Ground-mounted mechanical and electrical equipment shall also be screened through use of a wall, fence, landscaping, benn, or combination thereof to the satisfaction of the Community Development Department. All exterior accessory structures shall be designed to be compatible with the primary building's exterior to the satisfaction of the Community Development 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 pennit issuance to the satisfaction of the Community Development and Engineering Services Departments. The applicant is advised to contact the Community Development 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. G15 Parking lot lights shall have a maximum height of eighteen (18) feet from the finished grade of the parking surface, and the light source shall be directed away from all property lines, adjacent streets and residences. The concrete light bases shall be provided with a decorative exterior finish such as scored concrete or exposed pebble-rock. G16 Parking lot layout shall meet the standards of the Municipal Code and the Off Street Parking Design Manual. G17 In accordance with the provisions of the Off-Street Par.king Design Manual, all parking spaces (except handicapped spaces) shall be delineated by double-line striping consisting of 4-inch wide painted white lines 1 to 2 feet apart, and all parking areas with more than one row of parking spaces shall have directional signs or painted directional arrows where one way travel is necessary to guide traffic, all of which shall be indicated in building plans and found satisfactory by the Community Development Department prior to final approval of the proj ect' s building permit. G20 Decorative use of neon tubing or banding, such as tubing around windows or doors or . banding around the building exterior, shall not be allowed unless approved through subsequent design review permit modification(s). Temporary window signs are limited to 25% of window area in accordance with Section 30.60.060 (N) of the Municipal Code. cdlcro/f:99~3Opcl (6-1~99) 12 SI Any signs proposed for this developIl1ent shall be designed and approved in confonnance with Encinitas Municipal Code Chapt&- 30.60. L2 All required planti~gs 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 npt depreciate adjacent property values and otherwise adversely affect adjacent properties. All irrigation lines shall be installed and maintained underground (except drip irrigation systems). L4(a) All landscaping, fences, walls, etc. on the site, in any adjoining public parkways (the area between the front, side and/or rear property lines and the street) shall be pennanently maintained by the owner, assigns or any successors in interest in the property. The maintenance program shall include nonnal care and irrigation of the landscaping; repair and replacement of plant materials and irrigation systems as necessary; and general cleanup of the landscaped and open areas, parking lots and walkways, walls, fences, etc. Failure to maintain landscaping and the site in general may result in the setting of a public hearing to revoke or modify the approval. This condition shall be recorded with the covenant required by this Resolution. DRI Any future modifications to the approved project will be reviewed relative to the findings for substantial confonnance with a design review pennit contained in Section 23.08.140 of the Municipal Code. Modifications beyond the scope described therein may require submittal and approval of an amendment of the design review pennit by the authorized agency. Bl BUILDING CONDITION: CONTACT THE ENCINIT AS BUILDING DMSION REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION: B2 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 Unifonn Building Code with California Amendments, the California. Mechanical, Electrical and Plumbing Codes). Commercial construction must also contain details and notes to show compliance with state disabled accessibility mandates. 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. cd/crolf:99~3Opcl (6-1~99) 13 Fl FIRE CONDITIONS: CONTACT THE ENCINIT AS FIRE DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: F2 ACCESS ROADWAY DIMENSIONS: Fire apparatus access roadways shall have an unobstructed paved width of not less than 24 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches. EXCEPTION: Access to one (1) single family residence shall not be less than 16 feet of paved width. F7 RESPONSE MAPS: Any development that by virtue of new structures necessitates fIre hydrants, roadways, or similar features, shall be required to provide a map in a fonnat compatible with current Department mapping services, and shall be charged a reasonable fee for updating all Fire Department response maps. F8 COMBUSTIBLE MATERIALS: Prior to the delivery of combustible materials on the project site, water and sewer systems shall satisfactorily pass all required tests and be connected to the public water and sewer systems. In addition, the first lift of asphalt paving shall be in place to provide a permanent all-weather surface for emergency vehicles. Said access shall be maintained to the satisfaction of the Fire Department. , F9 POSTING OF ROADWAYS: Emergency access roadways when required shall be properly identified as per Fire Department standards. F1O OBSTRUCTIONS (ACCESS ROADWAYS): All traffic lanes shall be a minimum of 24 feet in width during construction and shall be maintained clear and free of obstructions during construction in accordance with the Unifonn Fire Code. Fll FIRE HYDRANTS & FIRE FLOWS: The applicant shall provide fire hydrants of a type, number, and location satisfactory to the Encinitas Fire Department. A letter from the water agency serving the area shall be provided that states the required fire flow is available. Fire hydrants shall be of a bronze type. A two-sided blue reflective road marker shall be installed on the road surface to indicate the location of the fIre hydrant for approaching fire apparatus. F13 ADDRESS NUMBERS: Address numbers shall be placed in a location that will allow them to be clearly visible from the street fronting the structure. The height of the address numbers shall confonn to Fire Department Standards. F14 ADDRESS NUMBERS FOR STRUCTURES LOCATED OFF ROADWAY: Where structures are located off a roadway on long driveways, a monument marker shall be placed at the entrance where the driveway intersects the main roadway. Pennanent address numbers with height confonning to Fire Department standards shall be affixed to this marker. cdlcro/f:99-03Opcl (6-1~99) 14 F15 AUTOMATIC FIRE SPRINKLER SYSTEM: Structures shall be protected by an automatic fire sprinkler system installed to the satisfaction of the Fire Department. El ENGINEERING CONDITIONS: CONTACT THE ENGINEERING SERVICES DEPARTMENT REGARDING COMPLIANCE WFfH THE FOLLOWING CONDITIONS: E2 All City Codes, regulations, and policies in effect at the time of building/grading permit issuance shall apply. EGI Gradin2 Conditions EG3 The developer shall obtain a grading ¡ermit 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 perfonned 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 Director 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. EG6 A separate grading plan shall be submitted and approved and a separate grading permit issued for the borrow or disposal site iflocated within the city limits. EG7 All newly created slopes within this project shall be no steeper than 2: 1. EG8 A soils/geologicallhydraulicreport (as applicable) shall be prepared by a qualified engineer licensed by the State of California to perfonn such work. Such report shall be submitted and approved at fIrst submittal of a grading plan. EG lOIn accordance with Section 23.24.370 (A) of the Municipal Code, no grading pennit 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. cdlcro/f:99~3Opcl (6-1~99) IS ED 1 Drainaee Conditions ED2 The developer shall exercise special care during the construction phase of this project to prevent any offsite siltation. The developer shall provide erosion control measures and shall construct temporary desiltationldetentionbasins of type, size and location as approved by the Engineering Services Director. The basins and erosion çontrol measures shall be shown and specified on the grading plan and shall be constructed to the satisfaction of the Engineering Services Director prior to the start of any other grading operations. Prior to the removal of any basins or facilities so constructed the area served shall be protected by additional drainage facilities, slope erosion control measures and other methods required or approved by the Engineering Services Director. The developer shall maintain the temporary basins and erosion control measures for a period of time satisfactory to the Engineering Services Director and shall guarantee their maintenance and satisfactory perfonnance through cash deposit and bonding in amounts and types suitable to the Engineering Services Director. ED3 A drainage system capable of handling and disposing of all surface water originating within the project area, and all surface waters that may flow onto the project area from adjacent lands, shall be required. Said drainage system shall include any easements and structures as required by the Engineering Services Director to properly handle the drainage. ED5 The developer shall pay the current local drainage area fee prior to issuance of a Building Permit for this project or shall construct drainage systems in confonnance with the Master Drainage Plan and City of Encinitas Standards as required by the Engineering Services Director. ED7 Concentrated flows across driveways and/or sidewalks shall not be pennitted. ED8 The drainage system shall be designed to ensure that runoff resulting from the 100-year frequency stonn under developed conditions is equal to or less than the runoff from a stonn of the same frequency and duration under existing conditions. Both 6 hour and 24 hour stonn durations shall be analyzed to determine the detention basin capacities necessary to accomplish the desired results. ES3 The developer shall make an offer of dedication to the City for all public streets and easements required by these conditions or shown on site development plan. The offer shall be made prior to issuance of any building pennit for this project. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated. ES4 Reciprocal access and/or maintenance agreements shall be provided ensuring access to all parcels over private roads, drives or parking areas and maintenance thereof to the satisfaction of the Engineering Services Director. cd/cro/f:99-O3Opcl (6-1~99) 16 ES5 Prior to any work being perfonned in the public right-of-way, a right-of-way construction pennit shall be obtained from the Engineering Services Director and appropriate fees paid, in addition to any other permits required. ES8 The design of all private streets and drainage systems shall be approved by the Engineering Services Director prior to issuance of any grading or building pennit for this project. The structural section of all private streets shall confonn to City of Encinitas Standards based on R-value tests. The standard improvement plan check deposit is required. EUI Utilities EU2 The developer shall comply with all the rules, regulations and design requirements of the respective utility agencies regarding services to the project. EU3 The developer shall be responsible for coordination with S.D.G. & E., Pacific Telephone, and other applicable authorities. EU4 All proposed utilities within the project shall be installed underground including existing utilities unless exempt by the Municipal Còde. EU6 If private sewer will serve this development, than a maintenance agreement must be executed prior to grading pennit issuance. cd/cro/f:99~30pcl (6-1~99) 17