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")
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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.
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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
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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.
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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
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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.
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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.
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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
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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
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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.
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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.
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