2002-29
RESOLUTION NO. PC 2002-29
A RESOLUTION OF THE CITY OF ENCINITAS PLANNING COMMISSION
APPROVING A DESIGN REVIEW PERMIT FOR THE GRADING OF AN IMPROVED
DRIVEWAY ACCESS WITH A 1.3% (O.Ol-ACRE) ENCROACHMENT INTO STEEP
SLOPE AREAS FOR AN EXISTING GRADED RESIDENTIAL PAD ON A 2.21-ACRE
EXISTING LEGAL LOT WITHIN THE HILLSIDEIINLAND BLUFF OVERLAY ZONE,
THE RURAL RESIDENTIAL (RR) ZONING DISTRICT, AND THE OLlVENHAIN
COMMUNITY AREA OF THE CITY OF ENCINITAS, FOR THE PROPERTY
LOCATED ON WILDFLOWER DRIVE
(CASE NO. 02-040 DR; APN: 264-091-93)
WHEREAS, a request for consideration of a Design Review Permit was filed by AI Mayo
to allow the grading of a driveway access with a 1.3% (O.OI-acre) encroachment into steep slope
areas on an existing 2.21-acre legal lot within the HillsidelInland Bluff Overlay Zone in accordance
with Chapters 23.08 (Design Review) and 30.34 (Special Purpose Overlay Zones) of the Encinitas
Municipal Code, for the property located in the Rural Residential (RR) Zoning District, legally
described as:
"REMAINDER PARCEL OF PARCEL MAP 18730", IN THE CITY OF ENCINITAS,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 23, 2002, MORE
SPECIFICALL Y DESCRIBED ON CERTIFICATE OF COMPLIANCE #01-212 CC,
RECORDED AS DOCUMENT #2002-0056277 ON JANUARY 23,2002.
WHEREAS, the Planning Commission conducted noticed public hearings on the
application on June 6, June 20, and July 18, 2002, at which time all those desiring to be heard were
heard; and
WHEREAS, the Planning Commission considered, without limitation:
1.
The June 6 and July 18, 2002, agenda reports to the Planning Commission with
attachments;
2.
The General Plan, Municipal Code, associated Land Use Maps, and project Slope
Analysis dated received by the City on March 18, 2002;
3.
Oral and written evidence submitted at the hearing;
4.
Project drawings consisting of one (1) sheet, 7252-G, sheet 2 of 2, titled Grading
and Erosion Control Plans for Remainder Parcel Tract 99-207, dated received by
the City of Encinitas on June 27,2002.
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WHEREAS, the Planning Commission made the following fmdings pursuant to Section
30.34.030B2( c) of the Encinitas Municipal Code:
(SEE ATTACHMENT "A")
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Encinitas hereby approves application #02-040 DR subject to the following conditions:
(SEE ATTACHMENT liB ")
BE IT FURTHER RESOLVED that the Planning Commission, in its independent
judgment, finds that this project is consistent with the Negative Declaration adopted by the
Planning Commission on July 27, 2000, in conjunction with. the approval of Case #99-207
TPMlEIA. Additionally, this project bears no relationship to the MHCP/NCCP programs as no
sensitive habitat or species are present on the project site.
PASSED AND ADOPTED this 18th day of July, 2002, by the following vote, to wit:
AYES:
Commissioners Bagg, Birnbaum, Chapo, Crosthwaite, and Ehlers.
NAYS:
None.
ABSENT:
None.
ABSTAIN:
None.
ATTEST:
~Á-
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 2002-29
Case No. 02-040 DR
FINDINGS FOR DESIGN REVIEW
STANDARD: Section 30.34.030B2(b)(3) of the Encinitas Municipal Code provides that an
application for Design review for proposed encroachment of private driveway improvements
into steep slope areas if, based upon the information presented in the application and during
the Public Hearing, the authorized agency can make the following regulatory conclusions:
a.
Where it is determined through the Design Review process that no less environmentally
damaging alternative exists, local public or private streets and driveways, which are
necessary for access to the more developable portions of a site on slopes of less than 25
percent grade, shall be exempt from encroachment limitations.
Facts: The project is located within the Rural Residential (RR) Zoning District of the
City of Encinitas. The Design Review Permit is requested for the proposed grading of a
driveway access with a 1.3% (O.OI-acre) encroachment into steep slope areas on an
existing 2.21-acre parcel within the HillsidelInland Bluff Overlay Zone. The project does
not lie within the boundaries of a Specific Plan Area nor the Coastal Zone of the City of
Encinitas. Municipal Code Chapter 30.34 (Special Purpose Overlay Zones) requires that
the HillsidelInland Bluff Overlay Zone regulations shall apply to all areas within the
Special Study Overlay Zone where site-specific analysis indicates that 10 percent or more
of the area of a parcel of land exceeds 25 percent slope. As per Municipal Code Section
30.34.030B2, slopes shall be preserved in their natural state. Encroachment into steep
slope areas shall be allowed when it is found that there is no feasible alternative siting or
design which eliminates or substantially reduces the need for such construction or
grading, and it has been found that the bulk and scale of the proposed development has
been minimized to the greatest extent feasible commensurate with preserving the physical
slope characteristics of the site. If these findings can be made for proposed
encroachment, parcels with 75% or less area in slopes of greater or equal to 25 percent
grade are permitted a maximum encroachment of 10% into steep slope areas.
More specifically, where it is determined through the Design Review process that no less
environmentally damaging alternative exists, local public or private streets and
driveways, which are necessary for access to the more developable portions of a site on
slopes of less than 25 percent grade, shall be exempt from the encroachment limitations
described above.
Discussion: The proposed access driveway and existing graded residential pad are
permissible by right within the Rural Residential Zone. The subject parcel lies within the
Special Study Overlay Zone and a slope analysis submitted with the project application
indicates that the 2.219-acre subject parcel has O.79-acres (35.7%) of area greater than 25%
slope. Therefore, the regulations of the HillsidelInland Bluff Overlay Zone apply to the
proposed grading project. The proposed project consists of grading for an improved
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driveway access with a proposed 1.3% (O.OI-acre) encroachment into steep slope areas.
This proposed 1.3% encroachment is less than the maximum permissible 10%
encroachment.
A large portion of the subject lot consists of an existing graded residential pad and
manufactured slopes with mature landscaping. The existing pad is considered the flatter,
more developable portion of the parcel and the proposed driveway grading is located in
an area that minimizes overall grading and site disturbance by directly connecting the pad
with Wildflower Drive in the shortest route possible. The proposed driveway access
grading project is similar in design and intensity to surrounding, existing residential uses
in the general area. Since the existing graded pad is the more developable portion of the
site, locating the driveway access to any other portion of the site would increase grading
and site disturbance. Therefore, no less environmentally damaging alternative exists and
the proposed private driveway access grading is considered exempt from encroachment
calculations. Because the private driveway is exempted from the encroachment
calculations, the proposed grading represents zero encroachment into steep slope areas.
With the exemption of the driveway grading from encroachment calculations, the
proposed project is consistent with all applicable standards of the Municipal Code.
Conclusion: The Planning Commission finds that no less environmentally damaging
alternative exists and that the private driveway improvement is necessary for access to
the more developable portions of the site on slopes of less than 25 percent grade.
Therefore, the 1.3% (O.OI-acre) encroachment into steep slope areas shall be exempt
from encroachment limitations.
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ATTACHMENT "B"
Resolution No. PC 2002-29
Case No. 02-040 DR
CONDITIONS OF APPROVAL
Applicant:
Location:
Mayo
Wildflower Drive (APN 264-091-93)
SCI
SPECIFIC CONDITIONS:
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This approval will expire on July 18,2004 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.
This project is conditionally approved as set forth on the application and project drawings
consisting of one (1) sheet, 7252-G, sheet 2 of 2, titled GradingiErosion Control Plans for
Remainder Parcel Tract 99-207, dated received by the City of Encinitas on June 27,2002,
designated as approved by the Planning Commission on July 18, 2002, and shall not be
altered without express authorization by the Community Development Department.
SCA Best Management Practices 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 an erosion control blanket, or a riprap lined drainage ditch shall be
used instead of a concrete lined ditch where feasible. Hardscape areas and driveways
shall be sloped toward grass and landscaped areas. Driveways with a grass or gravel
lined swale in the middle can be used if site topography does not allow discharge of
driveway runoff over landscape areas. The grading plan shall identify all landscape areas
designated for storm water pollution control.
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On sheet 1 of 2 of the project drawings submitted with the application for grading permit
approval (Vicinity Map/Grading Plan Notes), "punched straw" shall be omitted from Note
#F-lO of the General Notes section. A bonded fiber matrix/hydroseed mixture shall be used
instead. Also, the stated November 15 date shall be changed to read October 1 (beginning
of wet season) and the applicant shall implement sediment control BMP's at the top of slope
areas to hinder sheet flow and prevent rills.
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SCC
The adjacent existing biological open space easement as well as any required steep slope
preservation easements shall be properly delineated and separated from site disturbing
grading activity by a properly installed silt fence system as well as webbed orange
construction fencing prior to commencement of any grading activity approved pursuant
to this Design Review Permit to the satisfaction of the Encinitas Community
Development and Engineering Departments.
SCD As per Municipal Code Section 30.34.030B(6), all slopes over 25 percent grade which
remain undisturbed or which are restored or enhanced as a result of a development approval,
shall be preserved within a steep slope preservation open space easement that will preclude
any future development or grading of such slopes. The existing open space easement on the
property shall be reviewed to determine if the area in open space will satisfy this condition.
SCE
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Pursuant to the Mitigation Monitoring and Reporting Program (MMRP) established by the
Environmental Initial Assessment for the Tentative Parcel Map (Case No. 99-207
TPM/EIA) that created the subject lot, the following mitigation measure is required: Prior
to the issuance of a grading permit, the property owner shall cause to be recorded a
covenant, acceptable to the Community Development Department, which establishes an
open space easement over all steep slopes and the Escondido Creek not disturbed by the
proposed grading. Previously landscaped slopes within this area shall be maintained in
good condition. If the existing or future owner fails to maintain the non-native slope
landscaping on the parcels, a future plan may be approved by the City to clear non-native
plant materials on the previously landscaped slopes and revegetate the slopes in native sage
scrub and compatible non-native drought tolerant species in accordance with the fire code
and riparian woodland habitat respectively, by hydroseeding and/or other methods. The
existing irrigation system shall be removed upon establishment of revegetated materials.
Brushing or other removal of native or revegetated plant materials (except in accordance
with the fire code), alteration of landform, grading, trenching for utilities, erection or
placement of structures of any kind, vehicle access (except for recreational trail
maintenance), or any other disturbance of slope or biological resources within the open
space easements shall be prohibited.
STANDARD CONDITIONS:
CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITION(S):
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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.
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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.
Prior to any use of the project site pursuant to this permit, all conditions of approval
contained herein shall be completed or secured to the satisfaction of the Community
Development Department.
The applicant shall pay development fees at the established rate. Such fees may include, but
not be limited to: Permit and Plan Checking Fees, Water and Sewer Service Fees, School
Fees, Traffic Mitigation Fees, Flood Control Mitigation Fees, Park Mitigation Fees, and Fire
Mitigation/Cost Recovery Fees. Arrangements to pay these fees shall be made prior to
building permit issuance to the satisfaction of the 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.
Any future modifications to the approved project will be reviewed relative to the findings
for substantial conformance with a design review permit contained in Section 23.08.140 of
the Municipal Code. Modifications beyond the scope described therein may require
submittal and approval of an amendment of the design review permit by the authorized
agency.
All project grading shall conform with the approved plans. If no grading is proposed on the
approved plans, or subsequent grading plans are inconsistent with the grading shown on the
approved plans, a design review permit for such grading shall be obtained from the
authorized agency of the City prior to issuance of grading or building permits.
ENGINEERING CONDITIONS:
CONTACT THE ENGINEERING SERVICES DEPARTMENT
COMPLIANCE WITH THE FOLLOWING CONDITION(S):
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REGARDING
All City Codes, regulations, and policies in effect at the time of building/grading permit
issuance shall apply.
Gradinl! Conditions
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The developer shall obtain a grading permit prior to the commencement of any clearing or
grading of the 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
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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.
EG7
All newly created slopes within this project shall be no steeper than 2: I.
A soils/geological/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.
Prior to hauling dirt or construction materials to any proposed construction site within this
project the developer shall submit to and receive approval from the Engineering Services
Director for the proposed haul route. The developer shall comply with all conditions and
requirements the Engineering Services Director may impose with regards to the hauling
operation.
In accordance with Section 23.24.370 (A) of the Municipal Code, no grading permit 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
de silting 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 from
the site or result from such grading operations.
Drainage Conditions
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The developer shall exercise special care during the construction phase of this project to
prevent any off site siltation. The developer 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 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 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, and all surface waters that may flow onto the project 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.
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The developer shall pay the current local drainage area fee prior to approval of the building
permit 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.
Street Conditions
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Utilities
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Prior to any work being performed in the public right-of-way, a right-of-way construction
permit shall be obtained from the Engineering Services Director and appropriate fees paid,
in addition to any other permits required.
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 permit for this project. The
structural section of all private streets shall conform to City of Encinitas Standards based on
R-value tests. The standard improvement plan check deposit is required.
The developer shall comply with all the rules, regulations and design requirements of the
respective utility agencies regarding services to the project.
All proposed utilities within the project shall be installed underground including existing
utilities unless exempt by the Municipal Code.
FIRE CONDITIONS:
CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITION(S):
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ACCESS ROADWAY DIMENSIONS: Fire apparatus access roadways shall have an
unobstructed paved width of not less than 24 feet, curb line to curb line, and an
unobstructed vertical clearance of not less than 13 feet 6 inches. Access roads shall be
designed and maintained to support the imposed loads of fire apparatus. Minimum
design load is 65,000 lbs. EXCEPTION: Access to one (1) single family residence shall
not be less than 16 feet of paved width, curb line to curb line.
GRADE: The gradient for a fire apparatus roadway shall not exceed 20.0%. Grades
exceeding 15.0% (incline or decline) shall not be permitted without mitigation. Minimal
mitigation shall be the installation of automatic fire sprinkler systems appropriate to the
structures and uses served. The angle of departure and angle of approach of a fire access
roadway shall not exceed 7%.
GATES: All gates or other structures or devices, which could obstruct fire access
roadways or otherwise hinder emergency operations, are prohibited unless they meet
standards approved by the Fire Department. All automatic gates across fire access
roadways shall be equipped with approved emergency key operated switches overriding
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all command functions and opening the gate(s). Gates accessing four (4) or more
residences or residential lots, or gates accessing hazardous, institutional, educational, or
assembly occupancy group structures shall also be equipped with approved emergency
traffic control activating strobe light sensor(s) which will activate the gate on the
approach of emergency apparatus. All automatic gates must meet Fire Department
requirements for rapid, reliable access.
FUEL MODIFICATION ZONES/FIRE BREAKS: The applicant shall provide and
maintain fire/fuel breaks to the satisfaction of the Encinitas Fire Department. Fire/fuel
breaks size and composition shall be determined by the Fire Department and shown on
the improvement/grading plans, final map, and building plans.
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 (4") inches for
single family homes and duplexes; Eight (8") inches for commercial and multi-family
residential buildings; and twelve (12") inches 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.
AUTOMATIC FIRE SPRINKLER SYSTEM - SINGLE-FAMILY DWELLINGS AND
DUPLEXES: Structures shall be protected by an automatic fire sprinkler system designed
and installed to the satisfaction of the Fire Department. Plans for the automatic fire
sprinkler system shall be approved by the Fire Department prior to issuance of building
permit(s).
FIRE RESISTIVE CONSTRUCTION REQUIREMENTS FOR WILDLAND/URBAN
INTERFACE AREAS: Structures shall meet all wildland/urban interface standards to the
satisfaction of the Fire Department. As a minimum structures shall meet the following
fire resistive construction requirements: (1) Exterior wall surfacing materials shall be of
non-combustible materials; (2) Glazing materials shall be tempered multi-pane glass
panels; (3) Skylights within one-half mile of the wildland area shall be tempered glass;
(4) Ventilation in exterior walls, attic's and eaves, when allowed, shall meet Encinitas
Fire Department requirements; (5) Projections such as eaves, balconies, carports, decks,
patio covers etc., shall meet the Encinitas Fire Department requirements. When such
appendages and projections are attached to the exterior fire resistive walls, they shall be
constructed to maintain the fire resistive integrity of the wall; (6) Roof covering shall not
be less than a class "A" roof assembly; (7) Vinyl windows, if used, shall meet the
following requirements: (a) Frame and sash are comprised of vinyl material with welded
corners; (b) Metal reinforcement in the interlock area; (c) Glazed with insulating glass,
annealed or tempered; (d) Frame and sash profiles are certified in AAMA Lineal
Certification Program ( verified with either an AAMA product label or Certified Products
IO CD:MRH:GIResos/RPC02040DR07/18/02
Directory); and (e) Certified and labeled to ANSI/AAMA/NWWDA 101/I>S>2-97 for
structural requirements; and (8) Structures shall have an automatic fire sprinkler system
installed to the satisfaction of the Fire Department.
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