2006-17
RESOLUTION NO. PC 2006-17
A RESOLUTION OF THE CITY OF ENCINITAS PLANNING COMMISSION
APPROVING A DESIGN REVIEW PERMIT AND COASTAL DEVELOPMENT
PERMIT FOR THE CONSTRUCTION OF A NEW 2,481 SQUARE FOOT TWO-STORY
MEDICAL OFFICE STRUCTURE ON A 7,925 SQUARE FOOT VACANT EXISTING
LEGAL LOT ON THE SOUTH SIDE OF THE 300 BLOCK OF SANTA FE DRIVE WITH
A REQUEST TO WAIVE THE LOADING SPACE REQUIREMENT WITHIN THE
OFFICE PROFESSIONAL (OP) ZONING DISTRICT AND COASTAL ZONE OF THE
CITY OF ENCINIT AS.
(CASE NO. 05-044 DR/CDP; APN: 260-072-35)
WHEREAS, a request for consideration of a Design Review Permit and Coastal
Development Permit was filed by Bart Smith on behalf of Gil Galloway to allow the construction of
a new 2,481 square foot, two-story medical office building on an existing vacant 7,925 square foot
legal lot with a request to waive the loading space requirement in accordance with Chapters 23.08
(Design Review) and 30.80 (Coastal Development Permit), of the Encinitas Municipal Code for
property located in the Office Professional (OP) Zoning District and Coastal Zone of the City of
Encinitas, legally described as:
(SEE ATTACHMENT "A")
WHEREAS, the Planning Commission conducted noticed public hearings on the
application on November 3, 2005 and April 20, 2006 at which times all those desiring to be heard
were heard; and
WHEREAS, the Planning Commission considered, without limitation:
I. The April 20, 2006 agenda report to the Planning Commission with attachments;
2. The General Plan, Municipal Code, Local Coastal Program and associated Land Use
Maps;
3. Any oral and written evidence submitted at the hearings;
4. ColorslMaterials Exhibit and Colored Exterior Elevations Exhibit all stamped
received by the City of Encinitas on March 30, 2006;
5. Project Drawings consisting of eight (8) sheets, including Site Plan and Project
Information, Floor Plans (two sheets), Roof Plan, Exterior Elevations (two sheets),
Landscape Concept Plan, and Preliminary Grading/Civil Plan, all designated
stamped received by the City on March 30, 2006; and
WHEREAS, the Planning Commission made the following findings pursuant to Chapters
23.08 (Design Review) and 30.80 (Coastal Development Permit) of the Encinitas Municipal Code:
PBD:RS:G/Resos/RPCOS.044DRCDP
I
(SEE ATTACHMENT "B")
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Encinitas hereby approves application # 05-044 DR/CDP subject to the following conditions:
(SEE ATTACHMENT "C")
BE IT FURTHER RESOLVED that the Planning Commission, in its independent
judgment, finds that this project is exempt from environmental review pursuant to Section 15332
of the California Environmental Quality Act Guidelines (CEQA) which categorically exempts
in-fill development projects in urbanized areas on a project site of no more than five acres.
PASSED AND ADOPTED this 20th day of April, 2006, by the following vote, to wit:
AYES: Avis, Chapo, McCabe & Snow
NAYS: None
ABSENT: None
ABSTAIN: Felker
~
Geneeha slOl air of the
Encinitas Planning Commission
,...
ATTEST:
- 15,'{1 r..U-U-~-?
Patrick Murphy
Secretary
NOTE: This action is subject to Chapter 1.04 of the Municipal Code, which specifies time limits
for legal challenges.
PBD:RS:G/Resos/RPC05-044 DRCDP
2
ATTACHMENT "A"
Resolution No. PC 2006-17
Case No. 05-044 DR/CDP
LEGAL DESCRIPTION
THE WESTERLY 120 FEET OF THE EASTERLY 320 FEET OF ALL THAT PORTION OF
LOT I OF RIDGEWAY HEIGHTS, IN THE CITY OF ENCINIT AS, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2163, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY ON JULY 3,
1929, AND AS SHOWN ON RECORD OF SURVEY FILED FOR THE PURPOSE OF
CORRECTING ERRORS IN THE ORINGINAL MAP BEING RECORD OF SURVEY NO.
1193, FILED IN THE OFFICE OF THE RECORDER OF SAID SAN DIEGO COUNTY;
SEPTEMBER 20, 1945, LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINE.
BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID LOT, DISTANT
THEREON NORTH 26028'40" WEST 213.00 FEET FROM THE SOUTHWESTERLY
CORNER OF SAID LOT I, BEING THE NORTHWESTERLY CORNER OF LAND
CONVEYED TO PEAR GRACE LONG BY DEED DATED FEBRUARY 14, 1926
RECORDED IN BOOK 2054, PAGE 498 OF OFFICIAL RECORDS; THENCE NORTH
85022'10" EAST ALONG THE NORTHERLY LINE OF SAID LONG'S LAND, 425.54 FEET
TO THE EASTERLY LINE OF SAID LOT I.
paD: RS:GlResos/RPC05~044DRCDP
3
ATTACHMENT "B"
Resolution No. PC 2006-17
Case No. 05-044 DRlCDP
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 application requests approval of a Design Review Permit and Coastal
Development Permit for the proposed construction of a new 2,481 square foot, two-story
medical office building with associated site improvements on an existing vacant 7,925
square foot legal lot within the Office Professional (OP) Zoning District and the Coastal
Zone of the City of Encinitas. The entire ground level of the structure would be devoted
to parking with the second floor providing office space. The subject application was
reviewed for conformance with the General Plan, the Local Coastal Program and
Chapters 30.20 (Commercial Zone), 23.08 (Design Review), 30.54 (Off-Street Parking),
30.60 (Signs), and 30.80 (Coastal Development Permit) of the Municipal Code.
Discussion: A review of the application has been conducted by the Planning and Building
Department and by the Planning Commission. All applicable standards and goals of the
Municipal Code and the City of Encinitas General Plan have been found to be satisfied by the
subject application (as conditioned) and project drawings. The proposed medical/dental
office use is permitted by right in the Office Professional (OP) zone. Several parking spaces
are proposed to be located within the side yard and front yard setbacks on the ground level of
the proposed office building. In accordance with Section LB of the Off-street Parking Design
Manual, the locations of off-street parking spaces can be specified and approved through a
Design Review Permit within the front yard setback. The project proposes seven (7) parking
spaces within the front yard setback with a 4-foot cement plaster wall on the front property
line with sufficient landscape plantings for screening purposes. The encroachment is
negligible and does not impact the project operatively or aesthetically.
No loading spaces are included as part of the project's parking improvements. Section
30.54.030E of the Municipal Code states that loading spaces shall be provided at the rate of
one space for the first 10,000 square feet of gross floor area or fraction thereof, unless
increased or decreased by the Planning & Building Director. The Planning & Building
Director has waived the one required loading space for the subject project due to the size of
the project, the site's substandard lot depth and because the proposed medical office use,
though commercial in nature, is relatively not as intense as alternative commercial retail or
restaurant land uses. Deliveries for the proposed medical office use are anticipated to be
limited to UPS trucks, Fed Ex trucks and/or trucks of similar size and scale. Additionally,
PBD:RS:G/Resos/RPC05-044DRCDP
4
the frequency of deliveries is anticipated to be on a limited basis. With consideration given
to the proposed medical use of the property, the site constraints, and the anticipated low level
of deliveries, the Planning and Building Director has waived the requirement for a loading
space on the project site.
Conclusion: Therefore, the Planuing Commission finds that the project design is consistent
with the General Plan and the Municipal Code.
b. The project design is substantially inconsistent with the Design Review Guidelines.
Facts: Chapter 23.08 of the Municipal Code contains Design Review Guidelines related to
design and site layout, building design, landscape design, signs and privacy and security
with which the authorized agency must find the project substantially consistent in order to
grant approval. Additionally, Chapter 30.20 of the City of Encinitas Municipal Code has
specific design criteria for commercial projects.
Discussion: In regard to building design, the proposed project coordinates the elements of
the vertically and horizontally articulated structure to create harmony and continuity among
all elements, materials and fixtures. The structure's exterior elevations are not out of scale
with similar office structures in the adjacent neighborhood. The structure incorporates three
continuous square columns from the first level up to the roof evenly positioned along the
front elevation with three vinyl clad wood windows recessed on the face of each columns.
The main building wall is recessed three (3) feet from the three columns and the articulation
of eave overhangs, balconies, and varied materials and colors will produce shadow and
visual relief. The structure would also feature cement plaster finish, stone veneer, stainless
steel cable wire, and wood design elements including exposed rafter tails, eaves and window
trims. The structure incorporates a curved roof design and flat roof elements with built up
roofing sloped for proper drainage and perimeter parapet walls. All roof-mounted
equipment and appurtenances, including air conditioners and their associated vents, conduits
and other mechanical and electrical equipment, will be architecturally integrated, and shall
be shielded from view and sound buffered to the satisfaction of the Planning and Building
Department.
The structure's exterior is mainly tan cement plaster (Benjamin Moore Dusty Road 1017).
Rafter tails and eaves will be painted "Benjamin Moore Cowboy Boots 1015" brown.
Wood Knee braces and wrought iron guardrail on top of the parking lot wall at the westerly
side of the building will be painted brown (Frazee 524 Riverbed). Roofing materials will be
"Capistrano" Concrete Tile. The three columns on the front elevation and the elevator
tower on the east elevation will be "Indian Sandstone~Dholpur Red Natural" stone veneer.
The building character of the design is well established and carried throughout all
elevations. The proposed architectural features are sufficiently dimensioned and articulated
to provide visual relief and interest.
The project's proposed landscaping is consistent with standards for commercial projects
and consistent with adjacent, existing commercial and residential properties with similar
plant species such as "Queen Palms" and "Hibiscus" trees. The project proposes very
PBD:RS:G/Resos/RPC05-044DRCDP
5
little grading. The proposed grading conforms to the existing topography of the site and
drainage and storm water systems are well designed and in conformance with applicable
codes. Project lighting ensures security while minimizing light impact on surrounding
properties and uses. Building materials and colors were chosen to provide changes of
texture and color to avoid a monochromatic appearance. The project substantially conforms
to site, building, landscape and privacy design standards by incorporating varying horizontal
and vertical articulation elements.
Conclusion: Therefore, the Planuing Commission finds that the project design IS
substantially consistent with the Design Review Guidelines.
c. The project would adversely affect the health, safety, or general welfare ofthe community.
Facts/Piscussion: The project is determined to be exempt from environmental review
pursuant to Section 15332 of the California Environmental Quality Act Guidelines
(CEQA) which categorically exempts in-fill development projects in urbanized areas on a
project site of no more than five acres. No aspect of the use has been identified which
would have any significant adverse effect on the health, safety, or general welfare of the
community.
Conclusion: Therefore, 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 III
appearance or value.
Facts: The project will consist of a new two-story, 2,481 square foot medical office
structure with associated parking and landscaping areas on an existing vacant site within the
Office Professional (OP) Zoning District of the City of Encinitas. The property is
surrounded by developed office, church, residential, and commercial uses to the north,
west, east and south. An existing residential mobile home structure to the south will be
separated from the project site by a six-foot masonry wall.
Discussion: The proposed project will develop the site in a scale consistent with
surrounding development. No evidence of significant adverse impact was received by the
Planning Commission from the properly noticed public hearing for the proposed project. A
Citizen Participation Plan Report was submitted by the applicant for a noticed meeting held
at the offices of the project architect on March 22, 2005 and two members ofthe community
attended the meeting. The comments received from those in attendance centered on the
issue of the proposed variance to exceed the maximum allowable lot coverage. The
applicant has since revised the application and project drawings to comply with the lot
coverage requirement. One letter of comment/concern was received by the City as a result
of the application review/public comment period for the subject application expressing
concerns about the impacts of the subject project to the immediate neighborhood. The letter
also suggested that the subject property shall grant access easements to the property most
adjacent to the south of the subject property in order to have direct access to Santa Fe Drive.
PBD:RS:G/Resos/RPC05-044DRCDP
6
The suggested access easement through the subject property will cause the proposed project
to request variance approvals since setbacks will be measured from the edge of the access
easement. The request would significantly alter and limit the development on the subject
property, therefore the applicant requested to move forward with the proposed development
design.
Conclusion: Therefore, the Planning Commission finds that the project will not cause the
surrounding neighborhood to depreciate materially in appearance or value.
PBD:RS:G/Resos/RPCOS-044DRCDP
7
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:
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 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 Coastal Development Permit is requested for the proposed construction of a
new 2,481 square foot, two-story medical office building with associated site
improvements on an existing vacant 7,925 square foot legal lot. The entire ground level
of the structure would be devoted to parking with the second floor providing office space.
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 Section 15332 of the California
Environmental Quality Act Guidelines (CEQA) which categorically exempts in-fill
development projects in urbanized areas on a project site of no more than five acres.
Adherence to the development standards of all applicable chapters of the City of Encinitas
Municipal Code, as well as the policies and goals of the City of 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: In accordance with Section 30.09 of the City of Encinitas Municipal Code,
Medical/Dental Offices and Clinics are permitted by right within the Office Professional
(OP) Zoning District. With the approval of the Design Review Permit, the modification
of the parking space location, and the waiver of the loading space requirement, the
project conforms to the City of 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
unnecessarily 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 vacant property. The subject site is
located on the southern side of Santa Fe Drive, a short distance east of the Rubenstein
Avenue intersection, which is not between the sea or other body of water and the nearest
public road.
PBD:RS:G/Resos/RPC05-044DRCDP
8
Conclusion: The Planning Commission finds that 1) 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.
PBD:R$:G/Resos/RPC05-044DRCDP
9
ATTACHMENT "C"
Resolution No. PC 2006-17
Case No. 05-044 DRlCDP
CONDITIONS OF APPROVAL
Applicant:
Bart Smith/Gil Galloway
Location:
Santa Fe Drive (APN 260-072-35)
SCl SPECIFIC CONDITIONS:
SC2 At any time after two years from the date of this approval, on April 20, 2008 at 5:00 pm, 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 received by the City of
Encinitas on February 28, 2005; ColorslMaterials Exhibit and Colored Exterior Elevations
Exhibii all stamped received by the City on March 30, 2006; project drawings consisting of
eight (8) sheets, including Site Plan and Project Information, Floor Plans (two sheets), Roof
Plan, Exterior Elevations (two sheets), Landscape Concept Plan, and Preliminary
Grading/Civil Plan, all designated stamped received by the City on March 30, 2006, and all
designated as approved by the Planning Commission on April 20, 2006, and shall not be
altered without express authorization by the Planning and Building Department.
SCA The six-foot solid walls required along the site's southem property line shall be constructed
of decorative masonry materials to match the main building. The wall heights along the
site's side property lines shall be stepped down to a maximum height of 4 feet within 10 feet
of the front property line.
SCB The project light sources shall be directed away from all property lines, adjacent streets and
residences, and the intensity oflight at the boundary of the site shall not exceed one (1) foot
lambert from a source oflight.
SCC The developer shall provide standard curb, gutter, and sidewalk along the property frontage
to Santa Fe Drive as per City of Encinitas Drawing number 0050-SL
SCD The developer shall provide a streetlight within the public right-of-way of Santa Fe Drive
and close to the northwesterly corner of the property.
PHD: RS:G/Resos/RPC05-044DRCDP
10
SCE The applicant shall dedicate additional right-of-way as necessary for a centerline to
property line width of 42 feet along the property frontage of Santa Fe Drive.
SCF To the satisfaction of the San Dieguito Water District, the owner shall comply with the
following conditions: 1.) The developer shall show all existing and proposed water facilities
on the required improvement or grading plans; 2.) The owner shall comply with the San
Dieguito Water District's fees, charges, rules and regulations, including installation of any
required on-site and off-site facilities; 3.) The San Dieguito Water District requires that
water meters shall be located in front of the parcel they are serving and outside of any
existing or proposed travel way. Cost of relocation shall be the responsibility of the owner;
and, 4.) A backflow preventer device shall be installed and certified prior to final inspection
of the project by the San Dieguito Water District.
SCG As depicted on the site plan, the project approval includes the authorization of
encroachments into the front yard setback for five parking spaces which is authorized
pursuant to Section LD of the Off-street Parking Design Manual and the waiver of the
required loading space pursuant to Section 30.54.030E of the Municipal Code.
Gl 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 owner 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. The Owner(s) agree, in acceptance of the conditions of this approval, to waive any
claims of liability against the City and agrees to indemnify, hold harmless and defend the
City and City's employees relative to the action to approve the project.
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.
G9 Trash enclosure(s) shall be constructed of masonry with an exterior compatible with that of
the building(s), and shall be provided with view-obstructing solid metal gates as approved
by the authorized agency. Adequate space for recyclable materials shall be provided within
the enclosure in accordance with Municipal Code requirements. The applicant shall review
PBD:RS:G/Resos/RPC05-044DRCDP
11
the design of the trash enclosure with the service provider and receive approval prior to
building permit issuance.
G 1 0 All retaining and other freestanding walls, fences, and enclosures shall be architecturally
designed in a manner similar to, and consistent with, the primary structures (e.g. stucco-
coated masonry, split-face block or slump stone). These items shall be approved by the
Planning and Building Department prior to the issuance of building and/or grading permits.
G 11 All roof-mounted equipment and appurtenances, including air conditioners and their
associated vents, conduits and other mechauical and electrical equipment, shall be
architecturally integrated, and shall be shielded from view and sound buffered to the
satisfaction of the Planning and Building Department. Note: All rooftop equipment shall
be assumed visible unless demonstrated otherwise to the satisfaction of the Planning
and Building Department, and adequate structural support shall be incorporated into
building design. Rooftop vent pipes shall be combined below the roof, and shall utilize
decorative caps where visible from any point. Ground-mounted mechauical and electrical
equipment shall also be screened through use of a wall, fence, landscaping, berm, or
combination thereof to the satisfaction of the Planning and Building Department. All
exterior accessory structures shall be designed to be compatible with the primary building's
exterior to the satisfaction of the Planning and Building Department.
Gl2 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.
Gl6 Parking lot layout shall meet the standards of the Municipal Code and the Off Street Parking
Design Manual.
G 17 In accordance with the provisions of the Off-Street Parking Design Manual, all parking
spaces (except handicapped spaces) shall be delineated by double-line striping consisting of
4-inch wide painted whitelines 1 to 2 feet apart, and all parking areas with more than one
row of parking spaces shall have directional signs or painted directional arrows where one
way travel is necessary to guide traffic, all of which shall be indicated in building plans and
found satisfactory by the Planning and Building Department prior to final approval of the
PBD:RS:G/Resos/RPC05-044DRCDP
12
project's building permit. Adjacent to the sides of the parking lot landscape islands, stalls
shall be provided with a 12" wide concrete strip adjacent to the island's curb.
G 18 Parking area shall be screened from adjacent properties and/or public view with decorative
wall(s) and/or landscaping. Said screening shall be reviewed and approved by the Planning
and Building Department prior to building permit issuance.
G21 All utility connections shall be designed to coordinate with the architectural elements of the
site so as not to be exposed except where necessary. Locations of pad mounted
transformers, meter boxes, and other utility related items shall be included in the site plan
submitted with the building permit application with an appropriate screening treatment.
Transformers, terminal boxes, meter cabinets, pedestals, ducts and other facilities may be
placed above ground provided they are screened with landscaping.
L1 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 building permit application
for the proj ect.
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.
L5 All masonry freestanding or retaining walls visible from points beyond the project site shall
be treated with a protective sealant coating to facilitate graffiti removal. The sealant shall be
of a ty'pe satisfactory to the Engineering and Planning and Building Departments. The
property owner shall be responsible for the removal in a timely manner of any graffiti posted
on such walls.
S 1 Any signs proposed for this development shall be designed and approved in conformance
with Encinitas Municipal Code Chapter 30.60.
PBD:RS:G/Resos/RPCOS.044DRCDP
13
DRl 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 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. rfno 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.
Bl BUILDING CONDlTION(S):
CONTACT THE ENCINITAS BUILDING DIVISION REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITION(S):
B2 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 Califomia Mechanical, Electrical and
Plumbing Codes). Commercial and Multi-residential construction must also contain details
and notes to show compliance with State disabled accessibility mandates. 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.
Fl 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
PBD:RS:G/Resos/RPC05~044DRCDP
14
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.
F7 RESPONSE MAPS: Any development that by virtue of new structures necessitates fire
hydrants, roadways, or similar features, shall be required to provide a map in a format
compatible with current Department mapping services, and shall be charged a reasonable
fee for updating all Fire Department response maps.
F9 POSTING OR STRIPING ROADWAYS "NO PARKING FIRE LANE": Fire
Department access roadways, when required, shall be properly identified as per Fire
Department standards.
FlO OBSTRUCTION OF ROADWAYS DURING CONSTRUCTION: All roadways shall
be a minimum of 24 feet in width during construction and shall be maintained clear,
including the parking of vehicles, in accordance with the Uniform Fire Code and the
Encinitas Fire Department.
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.
Fl5 AUTOMATIC FIRE SPRINKLER SYSTEM: Structures shall be protected by an
automatic fire sprinkler system designed and installed to the satisfaction of the Fire
Department.
Fl8 CLASS "A" ROOF: All structures shall be provided with a Class "A" roof assembly to
the satisfaction of the Encinitas Fire Department.
El 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 of building/grading permit
issuance shall apply.
EGl Gradinl! Conditions
EG3 The developer 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
PBD: RS:G/Resos/RPC05-044DRCDP
15
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.
EG6 A separate grading plan shall be submitted and approved and a separate grading permit
issued for the borrow or disposal site if located within the city limits.
EG7 All newly created slopes within this project shall be no steeper than 2: 1.
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: Such report shall be
submitted and approved: At first submittal of a grading plan.
EG9 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.
EGIO 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
PBD:RS:G/Resos/RPCOS.044DRCDP
16
Master Drainage Plan and City of Encinitas Standards as required by the Engineering
Services Director.
ESl 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.
EUl Utilities
EU4 All proposed utilities within the project shall be installed underground including existing
utilities unless exempt by the Municipal Code.
ESWl Storm Water Pollution Control Conditions
ESW4 Priority Projects shall implement a single or a combination of storm water Best
Management Practice methods in order to reduce to the maximum extent practicable the
quantity of pollutants entering the public storm drain system or any receiving body of
water supporting beneficial uses. All Priority Projects shall construct and implement a
structural treatment control BMP, such as natural bio-filtration system or a treatment
detention basin, designed to infiltrate, filter, or treat a quantity of storm runoff equal to or
greater than the volume generated by a 0.6" precipitation storm event in a duration of
twenty-four hours or the maximum flow rate produced by a rainfall of 0.2 inches during
each hour of a storm event. The filtration system shall be designed based upon best
management practice standards and must be approved by the City Engineer. A covenant
approved by the City shall be recorded against the property to ensure the professional
maintenance, repair, and replacement of the storm water quality BMP as necessary into
perpetuity. The covenant shall also detail the funding mechanism for the required
maintenance. An IOD for a public storm drain easement shall be offered to the City and
shall cover all storm water treatment facilities and additional areas needed for
maintenance and access. A Grading Plan identifying all landscape areas designed for
storm water pollution control (SWPC) and Best Management Practice shall be submitted
to the City for Engineering Services Department approval. 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.
PBD: RS:G/Resos/RPC05-044DRCDP
17