2004-56
RESOLUTION NO. PC 2004-56
A RESOLUTION OF THE CITY OF ENCINITAS PLANNING COMMISSION
APPROVING A VARIANCE, DESIGN REVIEW AND COASTAL DEVELOPMENT
PERMIT TO ALLOW THE DEMOLITION OF THE EXISTING RESIDENCE AND
THE CONSTRUCTION OF TWO (2) A TT ACHED SINGLE-FAMILY RESIDENCES
ON THE TWO (2) UNDERLYING LEGAL LOTS AND TO AUTHORIZE A FIVE- (5-)
FOOT ENCROACHMENT INTO THE REQUIRED TEN- (10-) FOOT STREET SIDE-
YARD SETBACK FOR THE BASEMENT -LEVEL GARAGE OF THE SOUTH UNIT,
FOR THE PROPERTY LOCATED AT 364 LIVERPOOL DRIVE
(CASE NO. 03-247 VillR/CDP; APN: 260-684-22)
WHEREAS, a request for consideration of a Variance, Design Review, and Coastal
Development Permit was filed by Douglas A. Avazian and Bradley V. Smith to allow the
demolition of an existing residence and the construction of two (2) attached, single-family
dwellings on two (2) adjacent legal lots ("twin home") and to allow a portion of the subterranean
garage to encroach five (5) feet into the required ten- (10-) foot street side-yard setback, in
accordance with Chapters 23.08,30.78 and 30.80 of the Encinitas Municipal Code, for the property
located in the Residential II (R-Il) zone and within the Coastal Zone, legally described as:
LOTS 23 AND 24 IN BLOCK 38 OF CARDIFF "A" IN THE CITY OF ENCINITAS, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO.
1334, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON
MAY 12, 1911.
WHEREAS, the Planning Commission conducted a noticed public hearing on the
application on December 2, 2004, at which time all those desiring to be heard were heard; and
WHEREAS, the Planning Commission considered, without limitation:
I. The December 2, 2004 agenda report to the Planning Commission with attachments;
2. The General Plan, Local Coastal Program, Municipal Code and associated Land Use
Maps;
3. Oral evidence submitted at the hearing;
4. Written evidence submitted at the hearing;
5. Project drawings conslstmg of seven (7) sheets, including Site
PlanlEncroachmentsINorth Elevation, Topographic Survey, Proposed SitelDrainage
Plan, First Floor PlanlUpper Floor Plan, Roof PlanlBasement Floor Plan,
West/East/South Elevations, and Concept Landscape Plan, all dated received by the
City ofEncinitas on September 9, 2004; and
WHEREAS, the Planning Commission made the following findings pursuant to Chapters
23.08,30.78, and 30.80 of the Encinitas Municipal Code:
(SEE ATTACHMENT "A")
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NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Encinitas hereby approves application Case No. 03-247 V/DRlCDP 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), 15303(a), and 15305(a) of the California Environmental Quality Act (CEQA)
Guidelines.
PASSED AND ADOPTED this 2"d day of December, 2004, by the following vote, to wit:
AYES: Avis, Bagg, Chapo, McCabe, Snow
NAYS: None
ABSENT: None
ABSTAIN: None
~
J
ATTEST:
6L{ LU...u-/ItAc.-;/ ~
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 2004-56
Case No. 03-247 VillR/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
ofthe 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 applicant proposes the construction of two (2) attached single-family residences
on two (2) adjacent, legal lots. The applicant requests approval of a Variance to allow the
proposed basement -level garage area for the south unit to encroach five (5) feet into the
required ten- (10-) foot street side-yard setback along Cambridge Avenue. The proposed
encroachment would be 28 feet in length and would consist of a roof element on top of the
garage wall that would extend approximately 3 Yz feet above the adjacent grade. The subject
lots and the residential lots surrounding it were legally created by a subdivision map
recorded in 1911 and are approximately 25 feet in width, 100 feet in depth and 2,500 square
feet in area. Current development standards of the subject R-Il zone require minimums of
40 feet in width, 90 feet in depth and 3,950 square feet in area.
Discussion: The ten- (10-) foot street side-yard setback required in the subject R-II zone
would result in structures only 15 feet in width. The narrow IS-foot width would not allow
for the development of a two- (2-) car garage, an amenity enjoyed by many in the immediate
area and typically associated with single-family residences. City of Encinitas development
standards require a minimum interior width of 17 feet, free and clear, for the parking of two
(2) vehicles. A two- (2-) car garage typically measures 20 feet by 20 feet on the exterior.
The narrow width of the lots and strict application of the setbacks would deprive the
property owner of a privilege enjoyed by many other property owners in the immediate
vicinity, namely, the owner would be deprived of the ability to enjoy a standard two- (2-) car
garage.
Conclusion: The Planning Commission finds that because of the substandard lot width and
area the strict application of the ten- (10-) foot street side-yard setback requirement will
deprive the owner of the privilege of enjoying the use of a standard two- (2-) car garage as
enjoyed by other property in the vicinity and under identical zoning classification.
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.
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Facts: The applicant proposes the construction of two (2) attached single-family
residences on two (2) legal lots. The Variance is requested to allow the proposed
basement-level garage for the south unit to encroach five (5) feet into the required ten-
(10-) foot setback along the Cambridge Avenue property line. The neighborhood is
developed with a variety of single-family and multiple-family structures with a wide
range of bulk and mass.
Discussion: One (I) single-family residence and appurtenant structures are allowed per lot
by right in the subject R-ll zone. Variance approval would not grant a special privilege
since the proposed use is permitted by right and the bulk and mass of the proposed structure
will be consistent and compatible with neighboring properties. No special conditions are
warranted to assure that the granting of the variance does not constitute a grant of special
privileges.
Conclusion: The Planning Commission finds that no special conditions are required to
assure that granting the proposed variance will not constitute a grant of special privileges.
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 applicant proposes the construction of two (2) attached single-family dwellings
on two (2) existing legal lots. The subject R-ll zone allows one single-family dwelling and
appurtenant structures per lot of record by right.
Discussion: Because the proposed use is allowed by right in the R-Il zone, the granting of
the proposed variance would not authorize any use or activity not expressly authorized by
the standards of the subject R-1I zone.
Conclusion: The Planning Commission fmds that granting the proposed variance will 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 acti~n 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;
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4. Would authorize or legalize the maintenance of any public or private nuisance.
Facts: The applicant proposes the construction of two (2) attached single-family dwellings
on two (2) existing legal lots. The subject R-II zone allows one single-family dwelling and
appurtenant structures per lot of record by right. The Variance is requested to allow the
proposed basement-level garage for the south unit to encroach five (5) feet into the
required ten- (10-) foot setback along the Cambridge Avenue property line. The subject
lots and the residential lots surrounding it were legally created by a subdivision map
recorded in 1911 and are approximately 25 feet in width, 100 feet in depth and 2,500 square
feet in area.
Discussion: No feasible alternative development plan exists, other than one (I) single-
family dwelling constructed across the common property line on the two (2) lots, that
would allow the property owner to enjoy a standard two- (2-) car garage given the 15-foot
wide buildable area created by strict application of the ten- (10-) foot side-yard setback. The
narrow width of the lots was not self-induced since the legal lots were created by an
approved subdivision in 1911. Since single-family residences are allowed by right in the
subject R-ll zone, granting the requested variance will not constitute a rezoning or other
amendment to the zoning code. No evidence has been submitted or discovered that would
suggest that approval of the variance would authorize or legalize the maintenance of any
public or private nuisance.
Conclusion: The Planning Commission finds that the granting of the requested variance
could not be avoided by an alternative development plan, is not self-induced, would not
allow such a degree of variation as to constitute a rezoning or other amendment to the
zoning code, and would not authorize or legalize the maintenance of any public or private
nUisance.
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FINDINGS FOR DESIGN REVIEW
STANDARD: Section 23.08.072 of the Encinitas Municipal Code provides that an application
for a design review permit must be granted unless, based upon the information presented in
the application and during the Public Hearing, the authorized agency makes any of the
following regulatory conclusions:
a. The project design is inconsistent with the General Plan, a Specific Plan, or the provisions of
the Municipal Code.
Facts: The applicant requests permission to demolish the existing residence on the site and
construct two (2) attached, two- (2-) story single-family residences on the two (2)
underlying legal lots. The subject Residential II (R-1I) zone allows the development of a
single-family residence by right. The project is subject to Design Review pursuant to
Section 23.08.030 of the Municipal Code and requires the issuance of a regular Coastal
Development Permit since the project site lies within the Coastal Zone. Each unit provides
parking spaces in compliance with Chapter 30.54 (Off-Street Parking) of the Municipal
Code. With the exception of the street side-yard setback that is the subject of the proposed
Variance, the proposed residences comply with all applicable development standards,
including building height, setbacks and lot coverage, of the subject R-ll zone and will be
required to comply with all applicable Building and Fire codes through the standard plan
checking process.
Discussion: With the approval of the Variance and Design Review request, the proposed
attached single-family residences will comply with all applicable polices of the General Plan
and all policies and provisions of the Municipal Code, and will be consistent with the City's
certified Local Coastal Program.
Conclusion: The Planning Commission finds that the project design is consistent with the
General Plan and the provisions of the Municipal Code.
b. The project design is substantially inconsistent with the Design Review Guidelines.
Facts: Design Review Guidelines are established by Chapter 23.08 of the Municipal Code
and relate to site design, building design, landscape design, and privacy and security. The
applicant requests permission to demolish the existing residence on the site and construct
two (2) attached single-family residences on the two (2) underlying legal lots. Color
choices and materials would be as shown on the project materials boards and colored
elevations. The proposed landscape plan would provide adequate site coverage in
compliance with applicable Municipal Code guidelines and standards.
Discussion: The proposed project would enhance the appearance of the property and the
neighborhood. Proposed colors, materials and architectural features are well coordinated
and complementary and the proposed single-family residences are in proportion with the
scale ofthe development in the surrounding neighborhood. The proposed landscape design
would provide adequate planting coverage for the site and is considerate of the view
opportunities of the site and surrounding residences.
Conclusion: The Planning Commission finds that the project is substantially consistent with
the Design Review Guidelines.
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c. The project would adversely affect the health, safety, or general welfare of the community.
Facts: The applicant requests permission to demolish the existing residence on the site and
construct two (2) attached single-family residences on the two (2) underlying legal lots. The
Residential II (R-ll) zone allows the development of a single-family residence. The
project has been determined to be exempt from environmental review as per Sections
15301(1), l5303(a), and 15305 (a) of the California Environmental Quality Act (CEQA)
Guidelines.
Discussion: The proposed use is allowed by right in the subject R-ll zone and no evidence
has been submitted or discovered that would suggest that the proposed project would
adversely affect the surrounding neighborhood or community. The project is exempt from
the requirements ofCEQA and no adverse impact to the environment is anticipated.
Conclusion: The Planning Commission finds that the project will not adversely affect the
health, safety, or general welfare of the community.
d. The project would cause the surrounding neighborhood to depreciate materially in
appearance or value.
Facts: The applicant requests permission to demolish the existing residence on the site and
construct two (2) single-family residences on the two (2) underlying legal lots. The
proposed attached single-family residences would be finished with complementary
architectural elements, colors and materials.
Discussion: The project would enhance the appearance of the property and the
neighborhood. Proposed colors, materials and architectural features are well coordinated
and complementary and the proposed attached single-family residences are in proportion
with the scale of the development in the surrounding neighborhood. No evidence has been
submitted or discovered that would suggest that the proposed project would cause any
material depreciation in appearance or value of the surrounding neighborhood.
Conclusion: The Planning Commission finds that the project will not cause the surrounding
neighborhood to depreciate materially in appearance or value.
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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 findings of fact, based upon the information presented in the
application and during the Public Hearing, in order to approve a coastal development permit:
I. 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 21000 and
following (CEQA) in that there are no feasible mitigation measures or feasible alternatives
available which would substantially lessen any significant adverse impact that the activity
may have on the environment; and
3. For projects involving development between the sea or other body of water and the nearest
public road, approval shall include a specific 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 applicant requests permission to demolish the existing residence on the site and
construct two (2) attached single-family residences on the two (2) underlying legal lots. The
subject Residential II (R-II) zone allows the development of a single-family residence.
The project is subject to Design Review pursuant to Section 23.08.030 of the Municipal
Code and requires the issuance of a regular Coastal Development Permit since the project
site lies within the Coastal Zone. Each unit provides parking spaces in compliance with
Chapter 30.54 (Off-Street Parking) of the Municipal Code. With the exception of the street
side-yard setback along the Cambridge A venue property line, the proposed attached single-
family residences comply with all applicable development standards, including building
height, setbacks and lot coverage, of the subject R-lI zone and will be required to comply
with all applicable Building and Fire codes through the standard plan checking process. The
project has been determined to be exempt from environmental review as per Sections
15301(1), 15303(a), and 15305(a) of the Califomia Environmental Quality Act (CEQA)
Guidelines.
Discussion: Related to finding No. I, with the approval of the Variance and Design Review
request, the proposed project will comply with all applicable Sections of the City's
Municipal Code, General Plan and certified Local Coastal Program. Related to finding No.
2, no adverse impacts to the environment are associated with the project and the project is
exempt from the requirements of CEQA. Finding No.3 is not applicable since the project is
not located between the sea or other body of water and the nearest public road.
Conclusion: The Planning Commission finds that I) the project is consistent with the
certified Local Coastal program of the City of Encinitas; 2) no potentially significant
adverse impacts to the environment will result and the project is exempt from the
requirements of CEQA as per Sections 15301(1), 15303(a), and 15305(a) of the CEQA
Guidelines, 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 liB"
Resolution No. PC 2004-56
Case No. 03-247 VillRlCDP
Applicant:
Location:
Douglas A. Avazian and Bradley V. Smith
364 Liverpool Drive (APN 260-384-22)
SCl SPECIFIC CONDITIONS:
SC2 At any time after two years from the date of this approval, December 2,2006 at 5:00 p.m.,
or the expiration date of any extension granted in accordance with the Municipal Code, the
City may require a noticed public hearing to be scheduled before the authorized agency to
determine if there has been demonstrated a good faith intent to proceed in reliance on this
approval. If the authorized agency finds that a good faith intent to proceed has not been
demonstrated, the application shall be deemed expired as of the above date (or the expiration
date of any extension). The determination of the authorized agency may be appealed to the
City Council within 15 days of the date ofthe determination.
SC5 This project is conditionally approved as set forth on the application and project drawings
stamped received by the City on September 9, 2004, consisting of seven (7) sheets including
Site PlanlEncroachmentsINorth Elevation, Topographic Survey, Proposed SitelDrainage
Plan, First Floor PlanlUpper Floor Plan, RoofPlanlBasement Floor Plan, West/EastlSouth
Elevations, and Concept Landscape Plan, all designated as approved by the Planning
Commission on December 2, 2004, and shall not be altered without express authorization by
the Planning and Building Department.
SCA This approval authorizes the development of two (2) attached single-family residences with
a zero- (0-) foot setback along the common property line and authorizes a variance from
Section 30.16.010A of the Municipal Code, which requires a ten- (10-) foot street side-yard
setback, to allow the basement-level garage to encroach five (5) feet into the street side-yard
setback adjacent to Cambridge Avenue as depicted on the project drawings. This approval
additionally recognizes that approximately 50 square feet of floor area and the front porch of
the south unit utilize legal, nonconforming setbacks established by the existing residence as
depicted on the approved project drawings and in conformance with Section 30.76 of the
Municipal Code. 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 grading
and/or building permit issuance unless specifically waived herein.
SCB Each residence must maintain appropriate property line fire protection. A one-hour firewall
is required where construction is within three (3) feet of any property line. Plans submitted
for building permit issuance shall clearly depict the common property line and related
construction details.
SCC The following conditions shall be completed/fulfilled to the satisfaction of the
Engineering Services Department:
I. The existing slope along the alley at the westerly property boundary shall be graded
back out of the alley right-of-way. The applicant shall provide full-width AC
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pavement along the property frontage to the alley to meet the City of Encinitas
minimum structural section requirements and to the satisfaction ofthe field inspector.
A minimum distance of nine (9) feet shall be maintained between the edge of the
alley pavement and the garage in order to maintain a proper turning radius.
2. The area between the existing street pavement on Cambridge and the property line
shall be graded up with a minimum slope of two percent (2%) to allow three (3)
inches rise from the flow line invert to the property line. The applicant shall provide
a gravel swale, reinforced with a City-approved geogrid, along the property frontage
to Cambridge.
3. This project does not meet the requirements for simplified grading plan eligibility. A
standard grading plan shall be submitted for review and approval prior to issuance of
a grading or building plan for the project.
4. No encroachment into the public right-of-way shall be permitted. The proposed
retaining walls adjacent to Liverpool Drive and the proposed stairs on Cambridge
Avenue shall be located entirely on the private property.
SCD As agreed to by the applicant at the December 2, 2004 public hearing, the following
changes to project materials shall be made to project drawings submitted for building
permit plan check to the satisfaction of the Planning and Building Department:
I. The entire exterior of the residences shall be exterior siding. Stucco as shown on the
approved project drawings shall be eliminated.
2. Concrete flatwork on the project site shall be textured or stamped.
3. Asphalt roofing shingles shall be Elk Prestique Plus, or City-approved equivalent.
GI STANDARD CONDITIONS:
CONTACT THE PLANNING AND BUILDING DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
G2 This approval may be appealed to the City Council within 15 calendar days from the date of
this approval in accordance with Chapter 1.12 of the Municipal Code.
G4 Prior to building 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.
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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 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.
G 19 Garages enclosing required parking spaces shall be kept available and usable for the parking
of owner/tenant vehicles at all times.
Ll The project is subject to Chapter 23.26 of the Municipal Code (Water Efficient Landscape
Program), which requires a landscape and irrigation plan to be prepared by a State licensed
landscape designer. The requirements for the plans are listed in Chapter 23.26. The
landscape and irrigation plans must be submitted as part of the grading permit application
for the project.
L2 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 otherwise adversely affect
adjacent properties. All irrigation lines shall be installed and maintained underground
(except drip irrigation systems).
L4(a) All landscaping, fences, walls, etc. on the site, in any adjoining public parkways (the area
between the front property line and the street) shall be permanently maintained by the
owner, assigns or any successors in interest in the property. The maintenance program shall
include normal care and irrigation of the landscaping; repair and replacement of plant
materials and irrigation systems as necessary; and general cleanup of the landscaped and
open areas, parking lots and walkways, walls, fences, etc. Failure to maintain landscaping
and the site in general may result in the setting of a public hearing to revoke or modify the
approval. This condition shall be recorded with the covenant required by this Resolution.
DRI Any future modifications to the approved project will be reviewed relative to the findings
for substantial conformance with a design review permit contained in Section 23.08.140 of
the Municipal Code. Modifications beyond the scope described therein may require
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submittal of an amendment to the design review permit and approval by the authorized
agency.
DR2 Side and rear elevations and window treatments shall be trimmed and architecturally treated
so as to substantially match the front elevations. This treatment shall be reflected in
building plans and shall be found satisfactory by the Planning and Building Department
prior to the issuance of building permits.
DR3 All project grading shall conform with the approved plans. Ifno 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.
BI BUILDING CONDITION:
CONTACT THE ENCINITAS BUILDING DIVISION REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITION:
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 plane 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 Califomia 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 CONDITIONS:
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.
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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.
Fl5A 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).
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 CONDITIONS:
E2 All City Codes, regulations, and policies in effect at the time of building!grading 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 ofthe 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 report shall be prepared by a qualified engineer licensed by the State of California
to perform such work. The report shall be approved 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
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requirements the Engineering Services Director may impose with regards to the hauling
operation.
EGlO 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 from
damage by erosion, flooding, or the deposition of mud or debris which may originate from
the site or result from such grading operations.
EDl 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.
ES6 In accordance with Chapter 23.36 of the Municipal Code, the owner shall execute and
record a covenant with the County Recorder agreeing not to oppose the formation of an
assessment district to fund the installation of right -of-way improvements.
ES7 In accordance with Chapter 23.36 of the Municipal Code, the owner shall execute and
record a covenant with the County Recorder agreeing not to oppose the formation of an
assessment district to fund the undergrounding of utility facility improvements.
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EUI 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
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 irom 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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