2004-22
RESOLUTION NO. PC 04-22
A RESOLUTION OF THE CITY OF ENCINITAS PLANNING COMMISSION
APPROVING A FRONT YARD SETBACK VARIANCE, DESIGN REVIEW PERMIT
FOR AUTHORITY TO EXCEED STANDARD HEIGHT FOR A PORTION OF THE
FLAT ROOF STRUCTURE, AND COASTAL DEVELOPMENT PERMIT FOR THE
DEMOLITION OF AN EXISTING ONE-STORY SINGLE FAMILY DWELLING WITH
BASEMENT GARAGE AND THE CONSTRUCTION OF A NEW TWO-STORY
SINGLE FAMILY RESIDENCE WITH BASEMENT, FOR THE PROPERTY
LOCATED AT 115 VERDI AVENUE
(CASE NO. 03-125 VIDRlCDP; APN: 260-266-11)
WHEREAS, a request for consideration of a Variance, Design Review Permit/Authority to
Exceed Standard Height, and Coastal Development Permit was filed by Kent Curl to allow the
demolition of an existing one-story single family dwelling with basement garage and the
construction of a new, flat roof, two-story single family structure with basement. The Variance
is requested to allow the residential structure's front, street facing elevation to be constructed 19-
feet, 3-inches from the front property line (5-foot, 9-inch encroachment) and a front access
stairway element to be constructed 12-feet, 9-inches from the front property line (l2-foot, 3-inch
encroachment) where a minimum standard 25-foot front yard setback is required in the R-8 zone.
The Design Review Permit is requested for the southwest comer of the proposed structure's flat
roof to exceed the 22- foot Standard Height Envelope up to a maximum of 24 feet, 6 inches. The
proposed demolition and reconstruction project is proposed on an existing legal lot within the
Residential (R-8) Zoning District, the Coastal Zone, and the Cardiff By The Sea Community
Area of the City of Encinitas, in accordance with Chapter 30.78 (Variances), Section
30.l6.010B7(d) (Design Review Permit/Authority to Exceed Standard Height), and Chapter 30.80
(Coastal Development Permit) of the City of Encinitas Municipal Code, for the property located at
115 Verdi Avenue, legally described as:
LOT "H", BLOCK 76 OF CARDIFF VILLA TRACT IN THE CITY OF
ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 1469, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY AUGUST 12, 1912.
WHEREAS, the Planning Commission conducted a noticed public hearing on the
application on February 5 and May 20, 2004, at which times all those desiring to be heard were
heard; and
WHEREAS, the Planning Commission considered, without limitation:
I. The February 5 and May 20, 2004 agenda reports to the Planning Commission with attachments;
2. The General Plan, Local Coastal Program, Municipal Code, and associated Land
Use Maps;
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3. Written and oral evidence submitted at the hearing;
4. Conceptual Color Renderings, consisting of two (2) sheets including West and North
Elevations and East and South Elevations, all stamped received by the City of
Encinitas on June 16,2003;
5. Project drawings, consisting of twenty-two (22) sheets, including Cover Sheet,
Site Plan, First and Second Floor Plans, Basement Plan and Calculations, Roof
Plan/Story Pole Plan, Topographic Plat (Revised), Topographic Plat (Previous),
Site Slope Analysis, Plan View of Existing vs. Proposed Structure, West
Elevation, Man Made Cut Exhibit, Comparison Between Previous and New
Design, Comparison Between Existing Roof and New Roof Height Exhibit,
Building Envelope Exhibit, Building Envelope Allowed, East Elevation, South
Elevation, South Elevation- Comparison Between Previous and New Design,
North Elevation, North Elevation- 22-foot Line Exhibit, FAR Calculations, and
Lot Coverage Calculations, all stamped received by the City of Encinitas on May
4, 2004; and
WHEREAS, the Planning Commission made the following findings pursuant to Chapter
30.78 (Variances), Section 30.l6.0IOB7(d) (Design Review Permit/Authority to Exceed Standard
Height), and Chapter 30.80 (Coastal Development Permit) of the City of Encinitas Municipal Code:
(SEE ATTACHMENT "A")
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Encinitas hereby approves application Case #03-125 V/DR/CDP subject to the following
conditions:
(SEE ATTACHMENT "B")
BE IT FURTHER RESOLVED that the Planning Commission, in its independent
judgment, finds that this project is categorically exempt from environmental review pursuant to
Sections 15301(1)(1) and 15303(a) of the California Environmental Quality Act Guidelines
(CEQA) which exempt the demolition of up to three single-family residences and the
construction of up to three single-family residences in urbanized areas.
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PASSED AND ADOPTED this 20th day of May, 2004, by the following vote, to wit:
AYES: Commissioers Avis, Bagg, Chapo, & Snow.
NAYS: Commissioner McCabe.
ABSENT: None.
ABSTAIN: None.
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ATTEST:
~ ~II eeJf~&u//___
~urphy
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 04-22
Case No. 03-125 VIDR/CDP
FINDINGS FOR A VARIANCE
STANDARD: Section 30.78.030 of the Encinitas Municipal Code provides that a variance
may be granted only when, based upon the information presented in the application and
during the Public Hearing, all of the following findings of fact can be made:
A. A variance from the terms of the zoning regulations shall be granted only when, because of
the special circumstances applicable to the property, including size, shape, topography,
location or surroundings, the strict application of the zoning regulations deprives such
property of privileges enjoyed by other property in the vicinity and under identical zoning
classification.
Facts: The project consists of the demolition of an existing single family dwelling and the
construction of a new two-story with basement single family structure on an existing legal
lot within the Residential (R-8) Zoning District. The general surrounding neighborhood has
a broad mixture of single and two story single-family dwellings and multi-story twin home
and duplex structures. The single family custom home project proposes a structural front
yard setback from the Verdi Avenue property line less than the 25-foot minimum front yard
setback required for the R-8 zone. The subject parcel is 120 feet wide along the Verdi
Avenue right-of-way but is only approximately 61 feet deep, making the buildable envelope
relatively narrow and rectangular in shape. The application requests a front yard setback
Variance to allow the structure's West Elevation to encroach 5 feet, 9 inches into the 25-foot
setback for a total setback of 19 feet, three inches from the front property line at Verdi
A venue. Additionally, the proposed front entry staircase element is to encroach 12 feet, 3
inches into the front yard setback for a total setback of 12 feet, 9 inches from the front
property line.
Discussion: The narrow building envelope caused by the narrow, rectangular shape of the
lot results in a hardship, and deprives the owner of sufficient buildable area to construct a
home similar in size to existing development throughout the neighborhood. Since the lot is
only 61 feet in depth from the Verdi Avenue right-of-way, the standard 25-foot front yard
and 25-foot rear yard setbacks leave only a narrow II-foot wide buildable envelope.
Portions of the existing house are currently located within the 25-foot front yard setback, not
as a result of any previously approved variance, but due to the fact that front yard setbacks
were measured from the center of the street right-of-way under the County as opposed to
being measured from the front property line under current City regulations.
Conclusion: Therefore, the Planning Commission finds that special circumstances
applicable to the property, including size, shape, topography, location and surroundings,
exist and that the strict application of the zoning regulations deprives such property of
privileges enjoyed by other property in the vicinity and under identical zoning classification.
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B. Any variance granted shall be subject to such conditions as will assure that the adjustment
thereby authorized will not constitute a grant of special privileges inconsistent with the
limitations upon other properties in the same vicinity and zone in which property is situated.
Facts: Single family residences are expressly permitted within the R-8 Zoning District.
The site's existing structure was subject to a 35-foot front yard setback under County
regulations as measured from the center-line of the 40-foot wide Verdi Avenue right-of-
way. Therefore, only approximately 15 feet of the required 35-foot front yard setback
would fall on the subject lot under previous County regulations. Under current City
regulations, the full 25- foot front yard setback falls on the subject site, requiring the
structure to be further back from the right-of-way and further narrowing the site's buildable
envelope.
Discussion: Approval of the front yard setback reduction would not constitute a grant of
special privilege due to the fact that the site's existing structure currently lies within the
presently required front yard setback and other homes in the immediate vicinity
constructed under County jurisdiction, with front yard setbacks measured from the center of
the adjacent right-of-way instead of the front property line, have similar setbacks to that
requested by the subject application. Therefore, the requested variance would not result in a
situation that is inconsistent with the general development pattern in the vicinity. The
proposed residence is a replacement to the existing nonconforming home. The existing
residence currently has a 15-foot rear yard setback resulting from a Variance approved by
the County of San Diego on August 13, 1954. The County Variance documents submitted
with the application show that a uniform l5-foot rear yard setback reduction was granted for
the project site "because of the size and shape of (the) lot." Due to the site's narrow
buildable envelope, which, at II feet in width under current setback standards and 21 feet
under County standards, is too narrow to allow the construction of a home comparable in
bulk and area with existing homes in the vicinity. The County Variance documents do not
include drawings for the actual residential structure and describe the granted variance as a
"Reduction in rear yard from 25' to 15'." The uniform 15- foot reduced rear yard setback
approved by the County is being utilized by the current design and the applicant is not
requesting to encroach any further into the rear yard area.
Conclusion: Therefore, the Planning Commission fmds that granting the Variance for a
reduction of the front yard setback will not constitute a grant of special privileges
inconsistent with the limitations upon other properties in the same vicinity and zone in
which the property is situated.
C. A variance will not be granted for a parcel of property which authorizes a use or activity
which is not otherwise expressly authorized by the zoning regulations governing the parcel
of property. The provisions of this section shall not apply to use permits.
Facts: The Municipal Code expressly allows for single family detached homes within
the R-8 Zoning District. The two-story detached residential structure will be surrounded by
existing residential structures generally similar in multi-story design and are compatible in
bulk and mass.
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Discussion: With approval of the Variance for a reduced front yard setback and
Authority to Exceed Standard Height, the project conforms to all applicable requirements
of the Encinitas Municipal Code.
Conclusion: Therefore, the Planning Commission fmds that the granting of the Variance
for reduction of the front yard setback does not authorize a use or activity which is not
otherwise expressly authorized by the zoning regulations governing the parcel of property.
D. No variance shall be granted if the inability to enjoy the privilege enjoyed by other property
in the vicinity and under identical zoning classification:
I. Could be avoided by an alternate development plan which would be of less significant
impact to the site and adjacent properties than the project requiring a variance;
2. Is self-induced as a result of an action taken by the property owner or the owner's
predecessor;
3. Would allow such a degree of variation as to constitute a rezoning or other amendment to
the zoning code;
4. Would authorize or legalize the maintenance of any public or private nuisance.
Facts: The subject lot was originally subdivided in 1912. The lot is 120 feet wide along the
Verdi Avenue right-of-way but is only approximately 61 feet deep, making the buildable
envelope relatively narrow and rectangular in shape. The property directly adjacent to the
north is developed with an existing three-story duplex and the property to the northwest is
developed with a three-story triplex. One-story single family dwellings lie to the west and
to the south. Two-story single family structures lie on properties to the southwest and to the
northeast. The general surrounding neighborhood has a broad mixture of single and two
story single-family dwellings and multi-story twin home and duplex structures.
Discussion: Alternative development plans that do not include a front setback variance
would result in a narrow, linear structure, inconsistent with existing surrounding residential
development. The subject parcel is 120 feet wide along the Verdi Avenue right-of-way but
is only approximately 61 feet deep, which makes the buildable envelope relatively narrow
and rectangular in shape. None of the conditions leading to the variance request are self-
induced. The Municipal Code expressly allows for single family detached homes within
the R-8 Zoning District and the reduced front yard setback variance does not constitute a
rezoning or other amendment to the Zoning Code. With approval of the front yard
setback Variance and Authority to Exceed Standard Height, the project conforms to all
applicable standards of the Encinitas Municipal Code. No public or private nuisance
issues have been identified as a result of the project review and the project is determined
to be exempt from environmental review pursuant to Sections 15301(1)(1) and 15303(a)
of the California Environmental Quality Act Guidelines (CEQA) which exempt the
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demolition of up to three single-family residences and the construction of up to three
single-family residences in urbanized areas.
Conclusion: Therefore, the Planning Commission finds that the Variance for a front yard
setback reduction: I.) Could not be avoided by an alternate development plan which would
be of less significant impact to the site and adjacent properties than the project requiring a
variance; 2.) Is not self-induced as a result of an action taken by the property owner or the
owner's predecessor; 3.) Would not allow such a degree of variation as to constitute a
rezoning or other amendment to the zoning code, and 4.) Would not authorize or legalize the
maintenance of any public or private nuisance.
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FINDINGS FOR DESIGN REVIEW PERMIT
AUTHORITY TO EXCEED STANDARD HEIGHT
STANDARD: Section 30.16.010B7(d) of the Municipal Code provides that residential
buildings that exceed the standard height envelope may be approved to a maximum height of
30 feet through the Administrative Design Review process if the following findings can be
made:
1. The portion of the building outside the standard height maintains some of the significant
views enjoyed by residents of nearby properties; and
2. The building is compatible in bulk and mass with buildings on neighboring properties.
Facts: As per Municipal Code Section 30.l6.010B(7), the standard height limit for
residential buildings on lots with an average lot slope less than 10% is 22 feet above the
lower of adjacent existing or finished grade. The proposed flat roof residential structure
will have the exterior appearance of being in conformance with the 22-foot standard
height limit. However, because height is measured from the lower of adjacent existing or
finished grade, the portion of the new structure directly above and adjacent to the existing
driveway cut into grade will exceed 22 feet. This occurs near the center of the front
elevation. The existing driveway cut will be filled and a new driveway access graded
further south at the end of the structure. The portion of fill used to raise the grade above
the existing driveway cut shall be discounted for height measurement purposes. The
existing driveway cut elevation is the base to measure the maximum height of the newly
proposed structure even though finish grade at that point will make the new structure
appear to be in compliance.
The subject site generally slopes downhill north to south but also has a slight downhill
east to west cross slope. Due to this cross slope, the portion of the structure that exceeds
22 feet in height consists only of a triangular shaped segment of roof directly above and
adjacent to the existing driveway cut. This triangular shaped portion of flat roof consists
primarily of the stepped-back southwesterly corner of the structure's second story. The
highest point is proposed at 24-feet, 6-inches above the lower of existing or finished
adjacent grade.
Discussion: The applicant requests Authority to Exceed the 22-foot standard height limit
by 2 feet, 6 inches due to the fill dirt placed near the base of Story Pole #3 which fills in
the existing driveway cut. In order to minimize any negative view impact on surrounding
development, the new structure is dug into grade to the point where only the portion of
flat roof directly above and adjacent to the existing driveway cut exceeds the 22-foot
standard height limit. The portion of the building outside the standard height envelope
maintains the significant existing views enjoyed by residents of nearby properties and the
finished structure will have the exterior appearance of being entirely in compliance with
the 22-foot height limit. Although the new structure will be directly visible to adjacent
development, most existing view corridors are over the subject site or in another primary
direction. Since a flat roof design is proposed and a large portion of the new structure
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will consist of basement dug into grade, the project will appear less bulky and smaller
than many of the existing residential structures in the surrounding vicinity. The total
floor area proposed is consistent with the mid- to large area homes prevalent throughout
the adjacent Composer District of Cardiff.
In order to address the concerns of the surrounding neighbors, the applicant voluntarily
redesigned the original proposal. The project was revised to reduce the structural height and
to dig the structure substantially further into grade in an attempt to comply with the standard
height limit of 22 feet for flat roof residential structures whereby the revised design is
largely in conformance with the standard height envelope. If the existing driveway cut at
the center of the subject site were not present, the revised design would not require
Authority to Exceed Standard Height. Additionally, a low profile flat roof design was
utilized to minimize potential view impact. A pitched roof design could be constructed four
feet higher at the roof peak. The overall structural height was greatly reduced with the
revised design by approximately 5.5 feet and bulk and mass further minimized. Ceiling
heights were reduced from 9 feet to 8 feet, the house was dug 3.5 feet further into grade, and
the house length was shortened by 3 feet. Additionally, the basement garage, first floor, and
second floor elements are stepped back as the structure gets higher to minimize overall bulk
and mass.
Conclusion: Therefore, the Planning Commission finds that the comer portion of the
proposed building's flat roof structure that exceeds the standard height envelope will not
significantly impact views from surrounding properties, and that the proposed building is
compatible in bulk and mass with buildings on neighboring properties.
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FINDINGS FOR A COASTAL DEVELOPMENT PERMIT
STANDARD: Section 30.80.090 of the Municipal Code provides that the authorized agency
must make the following fmdings 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 conforms with Public Resources Code Section 21 000 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 finding 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 Coastal Development Permit is requested for the proposed demolition of an
existing single-family dwelling and associated site improvements and the construction of a
new single family residence with basement on an existing legal lot within the Residential
(R-8) Zoning District. The proposed project site lies within the Coastal Zone of the City of
Encinitas and requires the issuance of a regular Coastal Development Permit. The project is
determined to be exempt from environmental review pursuant to Sections 15301(1)(1)
and 15303(a) of the California Environmental Quality Act Guidelines (CEQA) which
exempt the demolition of up to three single-family residences and the construction of up
to three single-family residences in urbanized areas. Adherence to the development
standards of all applicable chapters of the City's Municipal Code and the goals and policies
of the Encinitas General Plan will implement Coastal Zone standards. The project will not
cause significant negative impacts to the surrounding area and will not adversely impact
public coastal access.
Discussion: The City of Encinitas Municipal Code expressly allows for single family
homes within the R-8 Zoning District. With approval of the front yard setback reduction
Variance and the Design Review Permit/Authority to Exceed Standard Height the project
conforms to all applicable requirements of the Encinitas Municipal Code. No evidence is
found to show that the use will be located, installed or operated in a manner that will have
an urmecessarily adverse effect on the use and enjoyment of any property on which an
occupied dwelling is located, or may be located through the duration of such authorized
use. The subject site is located on fully disturbed property consisting of landscaping and
an existing single family structure. The site is located adjacent to the Verdi Avenue
right-of-way, which is not between the sea or other body of water and the nearest public
road.
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11
Conclusion: Therefore, the Planning Commission fmds that I) the project is consistent
with the certified Local Coastal Program of the City of Encinitas; 2) no mitigation measures
will be implemented or required with the project since no significant adverse impacts have
been identified that the activity may have on the environment; and 3) Finding No.3 is not
applicable to the project since it is not located between the sea or other body of water and
the nearest public road.
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ATTACHMENT "B"
Resolution No. PC 04-22
Case No. 03-125 VIDR/CDP
CONDITIONS OF APPROVAL
Applicant:
Kent Curl
Location:
115 Verdi Avenue (APN 260-266-11)
SCl SPECIFIC CONDITIONS:
SC2 This approval will expire on May 20,2006 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 and project drawings,
consisting of twenty-two (22) sheets, including Cover Sheet, Site Plan, First and Second
Floor Plans, Basement Plan and Calculations, Roof Plan/Story Pole Plan, Topographic
Plat (Revised), Topographic Plat (Previous), Site Slope Analysis, Plan View of Existing
vs. Proposed Structure, West Elevation, Man Made Cut Exhibit, Comparison Between
Previous and New Design, Comparison Between Existing Roof and New Roof Height
Exhibit, Building Envelope Exhibit, Building Envelope Allowed, East Elevation, South
Elevation, South Elevation- Comparison Between Previous and New Design, North
Elevation, North Elevation- 22-foot Line Exhibit, FAR Calculations, and Lot Coverage
Calculations, all stamped received by the City of Encinitas on May 4, 2004, and all
designated as approved by the Planning Commission on May 20, 2004, and shall not be
altered without express authorization by the Planning and Building Department.
SCA The applicant shall obtain a grading permit for this project. The grading plan shall
include existing and proposed contours, existing and proposed drainage, and proposed
storm water Best Management Practice measures to the satisfaction of the Engineering
Services Department. The BMPs shall include landscape areas to receive and treat runoff
from all hardsurface areas prior to collection and discharge of the runoff into the public
storm drain system. The BMPs shall be clearly delineated with a symbol and shall bear
the note, "Landscape area for Best Management Practice not to be modified without a
permit from the City".
SCB The project shall not interfere with the integrity of the retaining wall on the adjacent
property to the east. At the time of grading plan submittal, a special design shall be
provided to assure adequate shoring of all adjacent structures to the satisfaction of the
Engineering Services Department.
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SCC To the satisfaction of the Engineering Services Department, the applicant shall be
responsible for providing a half-width asphaltic concrete overlay along the property
frontage to Verdi Drive.
SCD To the satisfaction of the Engineering Services Department, the applicant shall dedicate 5
feet along the property frontage to Verdi Drive for a general utility easement.
SCE No encroachment into the public right-of-way will be permitted. The existing slope
along the property frontage to Verdi Drive shall be pushed back out of the public right-
of-way to the satisfaction of the Engineering Services Department.
GI STANDARD CONDITIONS:
CONTACT THE PLANNING AND BUILDING DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITION(S):
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 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 Planning and Building
Director.
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 Permit
issuance unless specifically waived herein.
G7 Prior to issuing a final inspection on framing, the applicant shall provide a survey from a
licensed surveyor or a registered civil engineer verifYing that the building height is in
compliance with the approved plans.
G 12 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 Planning and
Building Department.
G 13 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 Planning and Building and Engineering
Services Departments. The applicant is advised to contact the Planning and Building
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.
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Bl BUILDING CONDITION(S):
CONTACT THE ENCINITAS BUILDING DIVISION REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITION(S):
B2R 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 Uniform
Building Code with California Amendments, the California Mechanical, Electrical and
Plumbing Codes). 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.
FI FIRE CONDITIONS:
CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITION(S):
F6 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
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.
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 commercial and multi-family
residential buildings; and Twelve inches (12") for industrial buildings.
FI5A 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).
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Fl8 CLASS "A" ROOF: All structures shall be provided with a Class "A" roof assembly to
the satisfaction of the Encinitas Fire Department.
EI ENGINEERING CONDITIONS:
CONTACT THE ENGINEERING SERVICES DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITION(S):
E2 All City Codes, regulations, and policies in effect at the time ofbuildinglgrading permit
issuance shall apply.
EG I Gradinl! Conditions
EG3 The owner shall obtain a grading permit 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 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.
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.
EG8 A soils/geological/hydraulic report (as applicable) shall be prepared by a qualified
engineer licensed by the State of California to perform such work. The report shall be
approved prior to building permit issuance/at first submittal of a grading plan, as
applicable.
EG9 Prior to hauling dirt or construction materials to any proposed construction site within this
project the owner shall submit to and receive approval from the Engineering Services
Director for the proposed haul route. The owner shall comply with all conditions and
requirements the Engineering Services Director may impose with regards to the hauling
operation.
EG!O In accordance with Section 23.24.370 (A) of the Municipal Code, no grading permit shall be
issued for work occurring between October I 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.
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EDI Drainal!e Conditions
ED2A An erosion control system shall be designed and installed onsite during all construction
activity. The system shall prevent discharge of sediment and all other pollutants onto
adjacent streets and into the storm drain system. The City of Encinitas Best Management
Practice Manual shall be employed to determine appropriate storm water pollution control
practices during construction.
ED3 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 from adjacent
lands, shall be required. Said drainage system shall include any easements and structures
required by the Engineering Services Director to properly handle the drainage.
ED5 The owner shall pay the current local drainage area fee prior to issuance 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.
ES I Street Conditions
ES5 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.
EU 1 Utilities
EU2 The owner shall comply with all the rules, regulations, and design requirements of the
respective utility agencies regarding services to the project.
EU3 The owner shall be responsible for coordination with S.D.G. & E., SBC/Pacific Bell, and
other applicable authorities.
EU4A The existing overhead utilities service to the property shall be undergrounded.
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 rip-rap 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
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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.
ESW9 For storm water pollution control purposes, all runoff from all roof drains shall discharge
onto grass and landscape areas prior to collection and discharge onto the street and/or into
the public storm drain system. Grass and landscape areas designated for storm water
pollution control shall not be modified without a permit from the City. A note to this effect
shall be placed on the Grading plan.
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