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2002-34 RESOLUTION NO. PC 2002-34 A RESOLUTION OF THE CITY OF ENCINITAS PLANNING COMMISSION APPROVING A DESIGN REVIEW PERMIT FOR GRADING THAT ENCROACHES INTO SLOPED AREAS OVER 25% GRADE FOR THE CONSTRUCTION OF AN ADDITION TO AN EXISTING SINGLE-F AMIL Y RESIDENCE AND IMPROVEMENTS TO THE EXISTING DRIVEWAY, FOR THE PROPERTY LOCATED AT 1192 VIA DI FELICITA IN THE RURAL RESIDENTIAL ZONE AND THE HILLSIDE/INLAND BLUFF OVERLAY ZONE (CASE NO. 01-241 DR; APN: 264-151-20) WHEREAS, a request for consideration of a Design Review Permit was filed by Jeffrey Creighton to allow grading for the construction of an addition to an existing single- family residence and improvements to the existing driveway, in accordance with Section 30.34.030 (Hillside/Inland Bluff Overlay Zone) of the Encinitas Municipal Code, for the property located at 1192 Via di Felicita in the Rural Residential zone and the HillsidelInland Bluff Overlay Zone, legally described as: (SEE ATTACHMENT" A") WHEREAS, the Planning Commission conducted a noticed public hearing on the application on September 5, 2002, at which time all those desiring to be heard were heard; and WHEREAS, the Planning Commission considered, without limitation: 1. The September 5, 2002 agenda report to the Planning Commission with attachments; The General Plan, Municipal Code, and associated Land Use Maps; Oral evidence submitted at the hearing; Written evidence submitted at the hearing; Project drawings consisting of 10 sheets, including New First Level Floor Plan, New Second Level Floor Plan/South Elevation, Elevations (East, North, West) stamped received by the City of Encinitas on March 11,2002; a 3-sheet Grading Plan (7056-G) stamped received by the City of Encinitas on January 10, 2002; and Open Space Easement Exhibit, Planting Plan, Plant Material Legend, and Irrigation Plan, all stamped received by the City of Encinitas on August 6, 2002; and 2. 3. 4. 5. '\ WHEREAS, the Planning Commission made the following findings pursuant to Section 30.34.030 (HillsidelInland Bluff Overlay Zone), of the Encinitas Municipal Code: (SEE ATTACHMENT liB") KK/CD/g:\Resolutions\rpcO 1-241 dr.2002-34 - 1 - NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Encinitas hereby approves application 01-241 DR subject to the following conditions: (SEE ATTACHMENT "C") BE IT FURTHER RESOLVED that the Planning Commission, in its independent judgment, finds that this project is categorically exempt from environmental review pursuant to Section 15303(f) of the California Environmental Quality Act (CEQA) Guidelines. PASSED AND ADOPTED this 5th day of September, 2002, by the following vote, to wit: AYES: Bagg, Birnbaum, Chapo, Crosthwaite, Ehlers NAYS: None ABSENT: None ABSTAIN: None Joyce ros waite, Chair of the Planning Commission of the City ofEncinitas ~ ~( uJ~i..- /~ Patrick Murphy Secretary NOTE: This action is subject to Chapter 1.04 of the Municipal Code, which specifies time limits for legal challenges. KK/CD/g:\Resolutions\rpcO 1-241dr.2002-34 -2- ATTACHMENT "A" Resolution No. PC 2002-34 Case No. 01-241 DR LEGAL DESCRIPTION THAT PORTION OF LOT 18 OF THE SUBDIVISION OF RANCHO LAS ENCINITAS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 848, FILED IN THE . OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 27, 1898, DESCRIBED AS FOLLOVVS: . COMMENCING AT THE NORTHEASTERLY CORNER OF SAID LOT 18; THENCE ALONG THE EASTERLY LINE THEREOF SOUTH 3 DEGREES 15 MINUTES 00 SECONDS EAST, 328.00 FEET; THENCE LEAVING SAID EASTERLY LINE SOUTH 81 DEGREES 02 MINUTES 54 SECONDS WEST, 720.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE RETRACING NORTH 81 DEGREES 02 MINUTES 54 SECONDS EAST, 720.00 FEET TO SAID EASTERLY LINE; THENCE ALONG SAID EASTERLY LINE SOUTH 3 DEGREES 15 MINUTES 00 SECONDS EAST, 277.00 FEET TO THE NORTHEAST CORNER OF THE LAND DESCRIBED IN DEED TO DAVID L WOOD, ET Ux, RECORDED MARCH 31, 1971 AS FILE NO. 62154 OF OFFICIAL RECORDS; THENCE ALONG THE NORTHERLY LINE OF SAID WOOD'S LAND AND THE WESTERLY PROLONGATION THEREOF, SOUTH 86 DEGREES 45 MINUTES 00 SECONDS WEST, 577.20 FEET, MORE OR LESS, TO THE NORTHWEST CORNER OF LAND DESCRIBED IN DEED TO LEWIS A. GITLOW, ET UX, RECORDED MARCH 16, 1971 AS FILE NO. 49894 OF OFFICIAL RECORDS; THENCE NORTHWESTERLY IN A STRAIGHT LINE TO THE TRUE POINT OF BEGINNING. . EXCEPTING THEREFROM THAT PORTION LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE NORTHERLY LINE OF THE ABOVE DESCRIBED LAND, DISTANT THEREON SOUTH 81 DEGREES 02 MINUTES 64 SECONDS WEST, 321.00 FEET FROM THE NORTHEASTERLY CORNER THEREOF; T~ENCE SOUTH 3 DEGREES 15 MINUTES 00 SECONDS EAST TO THE SOUTHERLY LINE OF THE ABOVE DESCRIBED LAND. ALSO EXCEPTING THEREFROMT-HE SOUTHERLY 20.00 FEET. PARCEL 2: AN EASEMENT AND RIGHT OF WAY FOR ROAD AND PUBLIC UTILITY PURPOSES OVER, UNDER, ALONG AND ACROSS A STRIP OF LAND 30.00 FEET IN WIDTH, SAID 30.00 FOOT STRIP OF LAND LYING SOUTHWESTERLY OF AND IMMEDIATELY ADJOINING A LINE DESCRIBED AS FOLLOVVS: COMMENCING AT A POINT ON THE EAST LINE OF SAID LOT 18, DISTANT THEREON SOUTH 3 DEGREES 15 MINUTES 00 SECONDS EAST, 328.00 FEET FROM THE NORTHEASTERLY CORNER THEREOF, SAID POINT BEING POINT "A" OF THIS DESCRIPTION; THENCE CONTINUING ALONG SAID EAST LINE SOUTH 3 DEGREES 15 MINUTES 00 SECONDS EAST, 450.00 FEET TO THE MOST NORTHERLY CORNER OF LAND CONVEYED TO LOS ANGELES PRESSED BRICK COMPANY, A . CORPORATION, BY DEED DATED MARCH 3, 1922 AND RECORDED IN BOOK 875, PAGE 384 OF DEEDS; THENCE SOUTH 58 DEGREES 45 MINUTES WEST ALONG THE NORTHWESTERLY LINE OF SAID LAND, 428.8 FEET, MORE OR LESS, TO THE MOST NORTHERLY CORNER OF LAND CONVEYED TO RAYMOND C. APPEL, ET UX, BY DEED RECORDED MAY 20,1964 AS FILE NO. 90768, SERIES 5, BOOK 1964 OF OFFICIAL RECORDS AND THE TRUE POINT OF BEGINNING; THENCE NORTHWESTERLY IN A STRAIGHT LINE TO AN INTERSECTION WITH A LINE THAT BEARS SOUTH 81 DEGREES 02 MINUTES 54 SECONDS WEST, 720.00.FI;.EJf.R.QNlJi)AJP PQJNJ."A~. KK/CD/g:\Resolutions\rpcO 1-24 1 dr.2002-34 - 3 - ..' - .. - .-..-. .. ._.. ......-. , .. -'..'.. .. THE SIDE LINES OF SAID 30.00 FOOT STRIP OF LAND SHALL BE PROLONGED OR SHORTENED AS TO TERMINATE ON THE NORTH WITH A LINE BEARING SOUTH 81 DEGREES 02 MINUTES 54 SECONDS WEST AND ON THE SOUTH WITH THE NORTHWESTERLY LINE OF LAND CONVEYED TO SAID RAYMOND C. APPEL PARCEL 3: AN EASEMENT FOR ROAD AND UTILITY PURPOSES OVER..UNDER, ALONG AND ACROSS A STRIP OF LAND 30.00 FEET IN WIDTH OVER THAT PORTION OF LOT 18 OF THE SUBDIVISION OF RANCHO LAS ENCINITAS IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 27,1898, THE SOUTHEASTERLY LINE OF SAID 30.00 FOOT STRIP OF LAND BEING DESCRIBED AS FOLLOWS: . '. COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF 12TH STREET, IF EXTENDED, WITH THE CENTER LINE OF "J" STREET AS SAID STREET ARE SHOWN ON THE MAP OF THE COLONY OF OLIVENHAIN BEING ON MAP NO. 326, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 8,1885; THENCE NORTH 14 DEGREES 18 MINUTES EAST, PARALLEL WITH AND DISTANT 40.00 FEET WESTERLY FROM THE WESTERLY LINE OF LOTS 83 AND 87 OF SAID COLONY OF OLIVENHAIN, 1581.70 FEET TO THE CENTER LINE PF 14TH STREET, AS SHOWN ON SAID MAP OF COLONY OF OLIVENHAIN, SAID POINT BEING THE SOUTHWESTERLY LINE OF PARCEL 1 OF LAND DESCRIBED IN DEED TO THOMAS B. CLEMMONS, ET UX, BY DEED RECORDED NOVEMBER 24, 1964 AS FILE NO. 213763, SERIES 5, BOOK 1964 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID CLEMMON'S LAND AND ALONG THE CENTER LINE OF 14TH STREET, NORTH 75 DEGREES 20 MINUTES 35 SECONDS WEST (RECORD NORTH 75 DEGREES 38 MINUTES WEST), 60.00 FEET TO THE MOST SOUTHERLY CORNER OF LAND CONVEYED TO RAYMOND C. APPEL, ET UX, BY DEED RECORDED MAY 20, 1964 AS FILE NO. 90768, SERIES, 5, BOOK 1964 OF OFFICIAL RECORDS; THENCE NORTH 14 DEGREES 36 MINUTES 33 SECONDS EAST (RECORD NORTH 14 DEGREES 18 MINUTES EAST) ALONG THE SOUTHEASTERLY LINE OF SAID LAND, 250.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 14 DEGREES 36 MINUTES 33 SECONDS EAST (RECORD NORTH 14 DEGREES 18 MINUTES EAST) ALONG THE SOUTHEASTERLY LINE OF SAID APPEL'S LAND, 289.03 FEE;T, MORE OR LESS, TO THE SOUTHEASTERLY LINE OF LAND CONVEYED TO H. WALLACE MCKAY BY DEED RECORDED MAY 20,1969 AS FILE NO. 88485 OF OFFI~IAL RECORDS. THE SIDELINES OF SAID 30.00 FOOT STRIP OF LAND SHALL BE PROLONGED OR SHORTENED TO TERMINATE IN THE SOUTH LINE OF SAID MCKAY'S LAND AND ON THE SOUTH WITH A LINE BEARING NORTH 75 DEGREES 28 MINUTES 27 SECONDS WEST. PARCEL 4: AN EASEMENT FOR ROAD AND UTILITY PURPOSES OVER, UNDER, ALONG 'AND ACROSS A STRIP OF LAND 30.00 FEET IN WIDTH OVER THAT PORTION OF LOT 18 OF THE SUBDIVISION OF RANCHO LAS ENCINITAS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 27, 1898, THE NORTHWESTERLY LINE OF SAID 30.00 FOOT STRIP OF LAND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF 1.2TH STREET, IF EXTENDED, WITH THE CENTER LINE OF "J" STREET AS SAID STREET ARE SHOWN ON THE MAP OF THE COLONY OF OLIVENHAIN, BEING ON MAP NO. 326, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 8, 1885; THENCE NORTH 14 DEGREES 18 MINUTES EAST, PARALLEL WITH AND DISTANT 40.00 FEET WESTERLY FROM THE WFSTI=RI V I IN~ n~ KKi'CD/g:\Resolutions\rpcOl-24 1 dr. 2002-34 - 4- LOTS 83 AND 87 OF SAID COLONY OF OLiVENHAIN, 1581.70 FEET TO THE CENTER LINE OF 14TH STREET, AS SHOWN ON SAID MAP OF COLONY OF OLIVENHAIN, SAID POINT BEING THE SOUTHWESTERLY LINE OF PARCEL 1 OF LAND DESCRIBED IN DEED TO THOMAS B. CLEMMONS, ET UX, BY DEED RECORDED NOVEMBER 24,1964 AS FILE NO. 213743,SERIES 5, BOOK 1964 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID CLEMMONS' LAND AND ALONG THE CENTER LINE OF 14TH STREET NORTH 75 DEGREES 20 MINUTES 35 SECONDS WEST (RECORD NORTH 75 DEGREES 33 MINUTES WEST), 60.00 FEET TO THE MOST SOUTHERLY CORNER OF LAND CONVEYED TO RAYMOND C. APPEL, ET UX, BY DEED RECORDED MAY 20, 1964 AS FILE NO. 90768, SERIES 5, BOOK 1964 OF OFFICIAL RECORDS, AND THE TRUE PO1NT OF BEGINNING OF THE HEREIN DESCRIBED LINE; THENCE NORTH 14 DEGREES 36 MINUTES. 33 . SECONDS EAST (RECORD NORTH 14 DEGREES 18 MINUTES EAST) ALONG THE SOUTHEASTERLY LINE OF SAID LAND, 300.00 FEET TO THE END OF SAID LINE. PARCEL 5: AN EASEMENT FOR ROAD AND UTILITY PURPOSES OVER, UNDER, ALONG AND ACROSS THE EASTERLY 60.00 FEET OF THE FOLLOWING DESCRIBED LAND. THAT PORTION OF LOT 18 OF THE SUBDIVISION OF RANCHO LAS ENCINITAS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 848, FILED IN THE - OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 27,1896, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF 12TH STREET, IF EXTENDED, WITH THE CENTER LINE OF "J" STREET AS SAID STREET ARE SHOWN ON THE MAP OF THE COLONY OF OLiVENHAIN, BEING ON MAP NO. 326, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 8,1885; THENCE NORTH 14 DEGREES 18 MINUTES EAST, PARALLEL WITH AND - DISTANT 40.00 FEET WESTERLY FROM THE WESTERLY LINE OF LOTS 83 AND 87 OF SAID COLONY OF OLIVENHAIN, 990.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NÒRTH 14 DEGREES 18 MINUTES EAST, 591.70 FEET TO THE CENTER LINE OF 14TH STREET, AS SHOWN ON SAID MAP OF COLONY OF OUVENHAlN, THENCE NORTH 75 DEGREES 38 MINUTES WEST ALONG THE WESTERLY PROLONGATION OF SAID CENTER LINE, 587.00 FEET, MORE OR LESS, TO THE WESTERLY LINE OF THE LAND DESCRIBED IN DEED TO HORACE G. PHILLIPS, ET UX, RECORDED JANUARY 16,1958 AS FILE NO. 7810 IN BOOK 6910, PAGE 17 OF OFFICIAL RECORDS; THENCE SOUTH 14 DEGREES 18 MINUTES WEST ALONG SAID WESTERLY LINE TOA LINE WHICH BEARS NORTH 74 DEGREES 52 MINUTES WEST FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 74 DEGREES 52 MINUTES EAST TO THE TRUE POINT OF BEGINNING. EXCEPTING ;THEREFROM THAT PORTION WHICH LIES SOUTHERLY OF THE CENTER LINE OF THE PRESENTLY TRAVELED ROAD AS SAID ROAD EXISTED ON AUGUST 31, 1959. PARCEL 6: AN EASEMENT AND RIGHT OF WAY FOR ROAD AND PUBLIC UTILITY PURPOSES OVER, UNDER, ALONG AND ACROSS A STRIP OF LAND 20.00 FEET IN WIDTH, WHICH LIES SOUTHERLY OF AND ADJOINING THE SOUTHERLY LINE OF THE ABOVE DESCRIBED PARCEL 1. 0 EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE ABOVE DESCRIBED PARCEL 2. PARCEL 7: AN EASEMENT AND RIGHT OF WAY FOR ROAD AND UTILITIES AND PURPOSES INCIDENTAL THERETO,OVER, UNDER, ALONG AND ACROSS THE SOUTHERLY 30.00 FEET OF THAT PORTION - _. --.- ..-- --.- ,--'0-' - KK/CD/g: \Reso1utions\rpcO 1-241 dr .2002-34 - 5 - - .- -- --. OF LOT 18 OF THE SUBDIVISION OF RANCHO LAS ENCINITAS, IN THE COUNTY OF SAN DIEGO, . STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 848 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JUNE 27, 1896, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY CORNER OF SAID LOT 18; THENCE ALONG THE EASTERLY LINE THEREOF SOUTH 3 DEGREES 15 MINUTES 00 SECONDS EAST, 328.00 FEET; TO THE SOUTHEASTERLY CORNER OF LAND DESCRIBED IN DEED TO R & L LAND COMPANY RECORDED JUNE 8,1972 AS FILE NO. 146178 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHERLY LINE OF SAID LAND SOUTH 81 DEGREES 02 MINUTES 54 SECONDS WEST, 370.00 . FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 81 DEGREES 02 MINUTES 54 SECONDS WEST, 350.00 FEET TO THE SOUTHEASTERLY CORNER OF LAND DESCRIBED IN DEED TO EARL D. ANNIS, ET AL, RECORDED JANUARY 23, 1973 AS FILE NO. 73- 019474 OF OFFICIAL RECORDS; THENCE ALONG THE THE EASTERLY LINE OF SAID ANNIS' LAND, NORTH 15 DEGREES 20 MINUTES 13 SECONDS WEST, 408.59 FEET TO THE NORTHERLY LINE OF SAID LOT 18; THENCE ALONG THE NORTHERLY LINE, NORTH 86 DEGREES 45 MINUTES 00 SECONDS EAST, 350.00 FEET; THENCE SOUTH 16 DEGREES 11 MINUTES 33 SECONDS EAST, 374.27 FEET TO THE TRUE POINT OF BEGINNING. KK/CD/g:\Resolutions\rpcO 1-241dr.2002-34 -6- ATTACHMENT "B" Resolution No. PC 2002-34 Case No. 01-241 DR FINDINGS FOR DESIGN REVIEW TO ALLOW ENCROACHMENT INTO SLOPE AREAS OF GREATER THAN 25% GRADE STANDARD: Section 30.34.030 of the Encinitas Municipal Code provides that the authorized agency must make the following findings of fact, based upon the information presented in the application and during the Public Hearing, in order to allow development that encroaches into slope areas over 25% grade: 1. There is no feasible alternative siting or design which eliminates or substantially reduces the need for such construction or grading. Facts: The applicant proposes grading that encroaches into sloped areas over 25% grade for the construction of a two-story, 2,595 square foot addition to an existing one-story, 1,450 square foot single-family dwelling with an attached 530 square foot garage and for improvements to the existing driveway, including the removal and recompaction of unstable soils and the construction of a buttress fill. The proposed permanent encroachments into sloped areas exceeding 25% grade are immediately adjacent to the existing residence, building pad and driveway. Existing, disturbed use areas over 25% grade are not included as encroachment. Section 30.34.030B.2(a) provides that encroachment of up to 10% of sloped areas over 25% may be approved for properties with 75% or less area with slopes over 25%. Discussion: The applicant proposes encroachment of 0.0361 acre into sloped areas over 25% grade, or approximately 6.6% of the total area over 25% slope, for the addition to the existing residence. The removal, recompaction, and buttress fill construction area will be restored to its natural state. Those areas within the restoration area that exceed 25% grade and are not part of proposed permanent encroachments or disturbed by prior use of the site will be preserved in a steep slope open space easement that precludes future development or grading of such slopes. The landscape plan for the project calls for native species to be planted in the restoration area. Areas that are disturbed by existing and prior active use on the site are not counted as encroachment since these sloped areas have been disturbed since prior to the incorporation of the City and adoption of the present HillsidelInland Bluff Overlay regulations. The addition is primarily located within the existing building pad area. Alternative siting or design would still require slope encroachment or would require substantial redesign of the project. Conclusion: The Planning Commission fmds that there is no feasible alternative siting or design which eliminates or substantially reduces the need for the proposed grading for the addition to the existing single-family residence. KK/CD/g:\Reso1utions\rpcO 1-241dr.2002-34 - 7 - 2. The bulk and scale of the proposed structure has been minimized to the greatest extent feasible commensurate with preserving the physical slope characteristics of the site. Facts: The applicant proposes a two-story, 2,595 square foot addition to an existing one-story, 1,450 square foot single-family residence. After the addition, the development on the property will consist of a two-story, 4,045 square foot single- family residence with an attached 530 square foot garage. The project site is 1.69 acres, or 73,616 square feet. The area is developed with large, estate-style residences on large lots. Discussion: The proposed two-story residence is compatible and consistent with the estate-style development in the area. The proposed lot coverage will be 3,764 square feet, or 5.1 %. The development will be of scale and proportion appropriate for the site and neighborhood. Conclusion: The Planning Commission finds that the bulk and scale ofthe proposed structure has been minimized to the extent feasible commensurate with the physical slope characteristics of the site. 3. There is no less environmentally damaging alternative for proposed encroachment into slopes over 25% grade for local public or private streets and driveways which are necessary for access to more developable portions of the site. Facts: The applicant proposes 0.062 acres of encroachment into sloped areas over 25% grade for improvements to the existing driveway, most of which is located within current, disturbed, active use areas on the site. The improvements will be located directly adjacent to the existing driveway, providing increased turning radius and reduced driveway slope. Discussion: Improving the existing driveway as opposed to an alternative driveway location minimizes the proposed driveway encroachments. Improvements are proposed to provide a larger turning radius and reduced driveway slope for easier access to the garage for the residents and safer access and turnaround area for delivery, service, and emergency vehicles. The applicant has provided a letter ITom a licensed engineer supporting the need for the encroachments to provide safer access. Additionally, the proposed design allows the preservation of a mature tree within the driveway area. Most of the encroachment area into slopes over 25% grade are within disturbed active use areas on the site. Conclusion: The Planning Commission fmds that there is no less environmentally damaging alternative for proposed encroachment into slopes over 25% grade for the improvements to the existing driveway. KK/CD/g:\Resolutions\rpcO 1-241dr.2002-34 - 8 - Applicant: Location: ATTACHMENT "C" Resolution No. PC 2002-34 Case No. 01-241 DR Jeffrey Creighton 1192 Via di Felicita SCI SPECIFIC CONDITIONS: SC2 SC5 This approval will expire on September 5, 2004 at 5:00 p.m., 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. This project is conditionally approved as set forth on the application and project drawings, consisting of 7 sheets, including 3 sheets Grading Plan (7056-G) stamped received by the City on January 10, 2002, and Open Space Easement Exhibit, Planting Plan, Plant Material Legend, and Irrigation Plan stamped received by the City on August 6, 2002, all designated as approved by the Planning Commission on September 5, 2002 and shall not be altered without express authorization by the Community Development Department. SCA An open space easement shall be imposed to preserve restored steep slopes over 25% grade that are not a part of the approved encroachment or part of the existing use areas on the site as indicated in the application and supporting materials and as shown on the project drawings to the satisfaction of the Community Development Department. Said steep slope preservation action shall be clearly indicated on the plans submitted for building permit issuance in reliance on this approval to the satisfaction of the Community Development Department. SCB SCC The area disturbed for the buttress fill shall be restored to a natural state reflective of the adjacent topography to the satisfaction of the Community Development Department. The proposed graded slopes above the buttress fill, supporting the proposed addition to the existing single-family residence and the driveway improvements, shall be graded to be reflective of a natural state. Proposed grading shall include rounding and blending at tops and toes of slopes and variable slope gradients such that the average gradient does not exceed 2 to 1. Prior to issuance of the grading permit for the project, revised grading plans reflecting the terms of this condition shall be reviewed and approved to the satisfaction of the Community Development and Engineering Services Departments. KK/CD/g:\Resolutions\rpcO 1-241 dr.2002-34 - 9 - Gl STANDARD CONDITIONS: CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: G2 G4 G5 G13 L2 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. Prior to building permit 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 form and content satisfactory to the Community Development Director. 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. 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 grading permit 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. All required plantings and automated irrigation systems shall be in place prior to use or occupancy of new buildings or structures. All required plantings and automated irrigation systems shall be maintained in good condition, and whenever necessary, shall be replaced with new materials to ensure continued compliance with applicable landscaping, buffering, and screening requirements. All landscaping and irrigation systems shall be maintained in a manner that will not depreciate adjacent property values and othelWise adversely affect adjacent properties. All irrigation lines shall be installed and maintained underground (except drip irrigation systems). Fl FIRE CONDITIONS: REGARDING CONTACT THE ENCINITAS FIRE DEPARTMENT COMPLIANCE WITH THE FOLLOWING CONDITIONS: 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 numbers shall contrast with their background, and shall be no less in height than: Four inches (4") for single family homes and duplexes; Eight inches (8") for KK/CD/g:\Resolutions\rpcO 1-241 dr .2002-34 - 10- F14 commercial and multi-family residential buildings; and Twelve inches (12") for industrial buildings. ADDRESS NUMBERS FOR STRUCTURES LOCATED OFF ROADWAY: Where structures are located off a roadway on long easements/driveways, a monument marker shall be placed at the entrance where the easement/driveway intersects the main roadway. Permanent address numbers with height conforming to Fire Department standards shall be affixed to this marker. El ENGINEERING CONDITIONS: CONTACT THE ENGINEERING SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): EA EB E2 A soils report shall be prepared and submitted to the City to address design of slope stabilization. The minimum factor of safety shall be 1.5 against any potential deep seated or superficial failure. The soils report shall also address the stability of existing slopes during the installation of the buttress fill. The grading plan shall clearly show any construction relative to stabilization of the proposed and existing slopes. The slope stabilization information on the grading plan shall include extent and depth of removal and recompaction, design of bedding and key for the buttress fill, subdrain design, use of any selected soil material, use of any geo-textile, and the sequence and extent of buttress fill construction. All City Codes, regulations, and policies in effect at the time of building/grading permit issuance shall apply. EGI Gradin!! Conditions EG3 EG4 EG5 EG7 The owner shall obtain a grading permit prior to the commencement of any clearing or grading ofthe site. The grading for this project is defined in Chapter 23.24 of the Encinitas Municipal Code. Grading shall be performed under the observation of a civil engineer whose responsibility it shall be to coordinate site inspection and testing to ensure compliance of the work with the approved grading plan, submit required reports to the Engineering Services Director and verify compliance with Chapter 23.24 of the Encinitas Municipal Code. No grading shall occur outside the limits of the project unless a letter of permission is obtained from the owners of the affected properties. All newly created slopes within this project shall be no steeper than 2:1. Variable slopes should be designed in order to mimic the natural slope appearance. If variable slopes are used, the average slope gradient shall be no steeper than 2: 1. The average slope is the horizontal distance "H" to vertical distance "V" measured KK/CD/g:\Reso1utions\rpcO 1-241 dr.2002-34 - 11 - EG8 EGI0 from the toe to the top of slope. A geotechnical engineer shall verify that the proposed variable slopes have adequate factor of safety against massive and localized failure. A soilslgeological/hydraulic report (as applicable) shall be prepared by a qualified engineer licensed by the State of California to perform such work. Such report shall be submitted and approved: At first submittal of a grading plan. In accordance with Section 23.24.370 (A) of the Municipal Code, no grading permit shall be issued for work occurring between October 1st 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 ftom damage by erosion, flooding, or the deposition of mud or debris which may originate ftom the site or result ftom such grading operations. ED 1 Draina2e Conditions ED2 ED3 ED5 The owner shall exercise special care during the construction phase of this project to prevent any off site siltation. The owner shall provide erosion control measures and shall construct temporary desiltation/detention basins of type, size and location as approved by the Engineering Services Director. The basins and erosion control 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 owner 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 performance through cash deposit and bonding in amounts and types suitable to the Engineering Services Director. A drainage system capable of handling and disposing of all surface water originating within the project site, and all surface waters that may flow onto the project site ftom 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. The owner shall pay the current local drainage area fee prior to approval of the final map for this project or shall construct drainage systems in conformance with the Master Drainage Plan and City of Encinitas Standards as required by the Engineering Services Director. KK/CD/g:\Resolutions\rpcO 1-241dr.2002-34 - 12 - ESWI Storm Water Pollution Control Conditions ESW3 Best Management Practice shall be utilized for storm water pollution control to the satisfaction of the City Engineer. The surface run off shall be directed over grass and landscaped areas prior to collection and discharge onto the street and/or into the public storm drain system. If pipes are used for area drainage, inlets shall be located to allow maximum flow distance over grass and non-erodable landscape areas. A grass lined ditch, reinforced with erosion control blanket, or a riprap lined drainage ditch shall be used instead of a concrete ditch where feasible. Hardscaped areas and driveways shall be sloped toward grassy and landscaped areas. Driveways with a grass- or gravel-lined swale in the middle can be used if the site topography does not allow for the discharge of driveway runoff over landscaped areas. The Grading Plan shall identify all landscape areas designed for storm water pollution control (SWPC). 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. KKlCD/g:\Resolutions\rpcO 1-241dr.2002-34 - 13 -