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2006-20 RESOLUTION NO. PC 2006-20 A RESOLUTION OF THE CITY OF ENCINITAS PLANNING COMMISSION APPROVING A MAJOR USE PERMIT, DESIGN REVIEW PERMIT AND COASTAL DEVELOPMENT PERMIT FOR THE PROPOSED CONSTRUCTION OF TWO MIXED USE BUILDINGS INCLUDING AUTHORIZATION FOR THE RESIDENTIAL UNITS TO EXCEED 50% OF THE GROSS BUILDING FLOOR AREA, AUTHORIZATION OF AN OFF-SITE PARKING SPACE, AND THE WAIVER OF THE LOADING SPACE REQUIREMENT, FOR THE PROPERTY LOCATED ON THE WEST SIDE OF NORTH COAST HIGHWAY 101 JUST NORTH OF PHOEBE STREET (CASE NO.: 04-261 MUPIDRlCDP; APN: 254-230-18 & 19) WHEREAS, a request for consideration of a Major Use Permit, Design Review Pennit and Coastal Development Permit was filed by Sawtooth Development Group/ Shane Felker and Clay Sammis to allow for the construction of two mixed use buildings including authorization for the residential units to exceed 50% of the gross building floor area, authorization of an off-site parking space, and the waiver of the loading space requirement, in accordance with Chapters 30.74 (Use Permits), 23.08 (Design Review) and 30.80 (Coastal Development Permit) of the Encinitas Municipal Code, for the property located in the N-CRM-l Zone of the North 101 Corridor Specific Plan, legally described as: APN: 254-230-18 Lot 3 of Block 1 of South Coast Park Unit No.4, in the County of San Diego, State of California according to Map thereof No. 2049, filed in the Office of the County Recorder of San Diego County, July 26, 1927. APN: 254-230-19 Lot 4 of Block 1 of South Coast Park Unit No.4, in the County of San Diego, State of California according to Map thereof No. 2049, filed in the Office of the County Recorder of San Diego County, July 26, 1927. WHEREAS, the Planning Commission conducted a noticed public hearing on the application on May 4, 2006 at which time all those desiring to be heard were heard; and WHEREAS, the Planning Commission considered, without limitation: 1. The May 4, 2006 agenda report(s) to the Planning Commission with attachments; 2. The General Plan, Local Coastal Program, Municipal Code, North 101 Corridor Specific Plan, and associated Land Use Maps; 3. Oral evidence submitted at the hearing; 4. Written evidence submitted at the hearing; cdldVRPC04261.620 (5/22/06 - FINAL) 1 5. Project plans consisting of 15 sheets for each separate set of plans for the two buildings, including Title Sheet, Site Plan/Ground Floor Plan, Floor Plans, Exterior Elevations, Roof Plan, Conceptual Landscape Plan, and Preliminary Grading and Drainage Plan, all dated received by the City of Encinitas on April 4; and WHEREAS, the Planning Commission made the following findings pursuant to Chapters 30.74 (Use Permits), 23.08 (Design Review) and 30.80 (Coastal Development Permit) of the Encinitas Municipal Code: (SEE ATTACHMENT "A") NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Encinitas hereby approves application 04-261 MUP/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 15332, 15303(b) and 15303(c) of the California Environmental Quality Act Guidelines (CEQA) which exempt projects which are in-fill development; and the construction of duplexes, or similar structures, totaling no more than four dwelling units; and the construction of stores, motels, offices, restaurants or similar structures not involving the use of significant amounts of hazardous substances, and not exceeding 2500 square feet in floor area. PASSED AND ADOPTED this 4 ill day of May, 2006, by the following vote, to wit: AYES: Commissioners Avis, Felker, and Snow NAYS: Commissioners Chapo and McCabe ABSENT: None ABSTAIN: None ~ - Gene d, air ofthe Encinitas Planning Commission ATTEST: - j-:~'tj u.1.u4~ ~ Patrick urphy Secretary NOTE: This action is subject to Chapter 1.04 of the Municipal Code, which specifies time limits for legal challenges. cd/dl/RPC04261.620 (5/22/06 - FINAL) 2 ATTACHMENT "A" Resolution No. PC 2006-20 Case No. 04-261 MUPillRlCDP FINDINGS FOR DESIGN REVIEW STANDARD: Section 23.08.080 ofthe 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 subject application(s) include a Major Use Permit, Design Review Permit and Coastal Development Permit Request for the proposed construction of two mixed use buildings. The Design Review Permit includes a request to authorize off-site parking for one parking stall, and the Major Use Permit is requested to authorize the residential portion of the project to exceed 50% of the gross floor area of the mixed-use building(s). Two separate Tentative Map Applications are requested to create a condominium form of ownership for each building. As part of the Design Review Permit, authorization for tandem parking for the residential units and a waiver of the standard loading space requirement is included. Mixed use developments are expressly permitted within the N-CRM-l zone of the North 101 Corridor Specific Plan in which the site is located. Discussion: The two buildings as proposed conform to the development standards of the N- CRM-l zone. A minimum 2'-5" front yard setback is proposed in conformance with the minimum required zero foot front yard setback; a minimum four foot rear yard setback is proposed in conformance with the minimum required zero foot rear yard setback and a minimum 3.5 foot interior side yard setback is proposed in conformance with the minimum required zero foot interior side yard setback. As depicted on the Lot Coverage Diagram, each building includes second story overhangs which result in a lot coverage of 62% for each building and which conforms to the maximum 90% lot coverage required within the N- CRM-l zone. There is no Floor Area Ratio (FAR) requirement within the N-CRM-l zone. As denoted on the conceptual landscape plan, the project maintains 12.5% on-site landscaping which conforms to the 10% minimum required for projects in the D-CM-l zone. Two hundred square feet of decorative hardscape, or half of the 10% requirement, is included within the 12.5% as permitted by the NI01SP. The two buildings are both proposed with maximum building heights of 32'-9" in conformance with the maximum 33 foot building height limit of the N-CRM-l zone. The 32' -9" building height is attained as measured from the building pad height established with the project. Pursuant to Section 30.16.01 OR 7.d of the Encinitas Municipal Code, an approved subdivision may establish the finished building pad elevation from which building cd/dllRPC04261.620 (5/22/06 - FINAL) 3 height is measured with consideration given to on-site and surrounding uses and terrain. In order to address drainage issues in the vicinity of the subject site the project was required to raise the pad elevation approximately three feet, whereby the proposed habitable areas are at or above the 100-year water surface elevation of 55.6 feet. No major view corridor exist through the property therefore measuring height from the newly established pad should not pose any significant impacts to the surrounding uses. With a net acreage of .09 acres for each site, the project results in a density of 23 dwelling units per net acre which conforms to the 25.0 maximum density permitted for mixed use projects within the N-CRM-l zone. The project conforms to the residential parking requirements of the N101SP by providing two car garages for each residential unit. Pursuant to Section LF of the Off-street Parking Design Manual, tandem parking is permitted only for detached single family residences, however, Section LD of the Off-street Parking Design Manual stipulates that a Design Review Permit may specifY other locations of parking areas and bicycle areas. Since the tandem parking is proposed within enclosed garages and assigned for specific individual units it does not appear that the tandem spaces pose any potential for conflicts and the tandem parking may be authorized for the residential units of the mixed use buildings. The project proposes to provide a total of 9 parking spaces dedicated to the commercial uses of each building in conformance with the NIOISP parking ratio for standard commercial uses/services. The southerly building proposed with 1214 square feet of commercial space provides a total of 5 spaces comprised of two on-site spaces, two on-street parking spaces on the North Coast Highway 101 frontage and one off-site space. The on-site spaces are provided to the rear of the site with access from the alley and are comprised of one standard space and one ADA space. The off-site space straddles the common property line of the northerly building and actually is half on-site and half off-site. The off-site space is also accessed from the alley. The northerly building proposed with 1194 square feet provides four parking spaces comprised of two on-site (one ADA) spaces with alley access and two on-street spaces at North Coast Highway 101. The off-site space proposed for the southerly building may be authorized pursuant to Section 3.2.3.B.4 of the NI01SP which specifies that off-street parking for a use may be provided on an immediately adjacent development site by discretionary design review, provided that access from the use to said parking is unimpeded; said parking is not counted toward the required parking of any other land use; and said parking is reserved for the use by a recorded, irrevocable easement to which the City is a party. Given that the space is directly adjacent and located half on and half off the southerly building site, the space will appear and operate as if it is an integral part of the building/site for which it is designated without any potential conflicts. The project is conditioned to provide signage clearly designating the use of the space for the southerly building/APN: 254-230-18. Additionally, the project is conditioned to provide the off-site parking easement prior to building permit issuance and said easement shall be maintained at all times to guarantee parking for the commercial uses of the southerly building. cdldllRPC04261.620 (5/22/06 - FINAL) 4 Pursuant to Section 30.54.030E of the Municipal Code and Section LL.13 of the Off-street Parking Manual, in addition to the standard parking required for the site, one loading space shall be provided for the project as near as practical to an accessible entrance. Said space shall be a minimum of 10 feet wide and 18 feet in length if parked at an angle to the building or curb and 30 feet in length iflocated parallel to a building or curb. Section 30.54.030E of the Municipal Code does allow the number of loading spaces to be increased or decreased by the Director of Planuing and Building. Deliveries for the proposed office use are anticipated to be limited to UPS trucks, Fed Ex trucks and/or trucks of similar size and scale. Additionally, the frequency of deliveries is anticipated to be on a limited basis, therefore, combined with the site constraints, it is determined that a full size loading space is not appropriate for the use and the requirement was waived by the Planning and Building Director. With authorization of the off-site parking space, authorization of the residential tandem parking, the waiver of the loading space, the authorization for the residential units to exceed 50% of the gross building floor area for the development site, and the establishment of the building pad upon which to measure height; the project as proposed conforms to the development standards of the N-CRM-l zone, the Local Coastal Program, the General Plan and the North 10 1 Corridor Specific Plan. Conclusion: The Planning Commission finds that the project, as conditioned, is consistent with the General Plan, the North 101 Corridor Specific Plan and the provisions of the Municipal Code. b. The project design is substantially inconsistent with the Design Review Guidelines. Facts:. Both mixed-use buildings are proposed with an "island" design theme and for the most part are a mirror image of one another except for subtle design changes in the color selection, second story roofline, and second floor deck railing. The buildings are prqposed with a majority of wood-like (fiber cement siding) shingle siding with a random square staggered edge and a portion of stucco siding. The south building siding is proposed with "Kings Canyon Grey" and the north building is proposed with "Sorrel", a sort of khaki green color. Stucco for both buildings is proposed as "egret", a white tone; with trim, tails, and railings proposed with "Prism White"; shutters, awnings, skirt board and large columns proposed to be painted "bronze" and doors and windows proposed to be painted bronze or as an anodized bronze. The roofing is proposed with a standing seam non reflective metal roof in silver metallic. Given the size constraints of the site, the proposed plantings as depicted on the landscape plan are located in planters surrounding the structure. The on-site plantings are proposed with palm trees (queen and windmill), and a variety of shrubs, ground covers and turf; and a cobblestone paver is proposed for decorative hardscape surrounding the building. Additionally, parkway planting is proposed within the North Coast Highway 101 public right-of-way which provides additional enhancement to the project Discussion: The project maintains many of the desirable design elements recommended in the NI01SP. The buildings visually read as one project and the subtle changes offer a nice cd/dllRPC04261.620 (5/22/06 - FINAL) 5 variety yet still maintain a cohesive design theme. The project design includes significant wall articulation and multi-planed rooflines. Articulated bulk and mass is provided on all four sides of the structures, even on the longest facades, with the use of eave overhangs, decks, porches, architectural projections and recesses, varied rooflines and the subtle variations in colors and materials. The materials, including siding and window trims, are also wrapped around the buildings further enhancing the "four sided" architecture. Additionally, by offsetting the upper floor levels, locating the on-site parking to the rear of the site and providing decks on the front facades as well as the entry pergolas, the project provides a pedestrian orientation. Section 4.5.4.B.2 of the North 101 Corridor Specific Plan stipulates that storefronts and the major pedestrian access for all buildings shall be oriented to the major street upon which they are located. The current project initially proposed a front entry directly at North Coast Highway 101 via an elevated porch. The entry was elevated due to engineering drainage requirements which then posed conflicts with ADA access requirements since equivalent ADA access shall be provided at primary entries. Therefore, in order to address all issues while still orienting the major pedestrian access to the major street, the front entry porch for the front retail units at both buildings was converted to open deck and although the primary doorway access was provided to the rear of the units, entry pergolas were added at all sides of the buildings to draw the customer into the primary commercial access areas. The pergolas were designed to be architecturally compatible with the buildings and to provide signage clearly defining the commercial uses/building. Additionally, due to the front decks, the elevations of the front retail businesses are oriented to North Coast Highway 101 and still maintain a pedestrian friendly appearance. Section 4.5.2.C.2 of the N101SP encourages a transItion from the height of adjacent development to the maximum height of the new development. The subject site of the proposed northerly building is immediately adjacent to Caldwell's Antiques which is a single story building at approximately 16 feet high. By implementing one story and two story elements and utilizing a balcony as well as off-setting the building footprint in a number of locations the project is designed to be in scale as it relates to bulk and mass of both the adjacent properties to the north and properties to the west across the alley. With the use of raised alphabet individual cut metal letters incorporated into a perforated aluminum panel, and backlighting, the signs are designed to be compatible with and an integral part of the building design. Additionally, to further enhance the project, an enclosure is proposed to be constructed around the pump station control panel within the North Coast Highway 101 public right-of-way immediately in front of the subject site to integrate with the project design. Conclusion: The Planning Commission finds that project design is substantially consistent with the Design Review Guidelines cdldlIRPC0426 1.620 (5/22/06 - FINAL) 6 c. The project would adversely affect the health, safety, or general welfare of the community. Facts: The subject application(s) include a Major Use Permit, Design Review Permit and Coastal Development Permit Request for the proposed construction of two mixed use buildings. The project proposes to provide adequate parking for the proposed mixed-use buildings. Additionally, the project is designed to address drainage issues. Discussion: No aspect of the proposed use or project design has been identified which would have any significant adverse effect on the health, safety, or general welfare of the community. Conclusion: The Planning Commission finds that the project will not have an adverse effect on the health, safety, or general welfare ofthe community. d. The project would cause the surrounding neighborhood to depreciate materially m appearance or value. Facts:. The subject application(s) include a Major Use Permit, Design Review Permit and Coastal Development Permit Request for the proposed construction of two mixed use buildings. The project was extensively redesigned from the original application submittal to address concerns associated with adequate parking, public right-of-way encroachments, intensity of development/use and bulk and mass. Discussion: No evidence has been submitted which shows that the proposed development will . cause material depreciation to the appearance or value of the surrounding neighborhood. Conclusion: The Planning Commission finds that the project will cause no material depreciation to the appearance or value of the surrounding neighborhood. cdldVRPC04261.620 (5/22/06 - FINAL) 7 FINDINGS FOR A USE PERMIT STANDARD: In accordance with Section 30.74.070 of the Municipal Code, a use permit application shall be approved unless findings of fact are made, based upon the information presented in the application or during the hearing, which support one or more of the following conclusions: 1. The location, size, design or operating characteristics of the proposed project will be incompatible with or will adversely affect or will be materially detrimental to adjacent uses, residences, buildings, structures or natural resources, with consideration given to, but not limited to: a. The inadequacy of public facilities, services and utilities to serve the proposed project; b. The unsuitability of the site for the type and intensity of use or development which is proposed; and c. The harmful effect, if any, upon environmental quality and natural resources of the city; Facts: The subject application(s) include a Major Use Permit, Design Review Permit and Coastal Development Permit Request for the proposed construction of two mixed use buildings. The Design Review Permit includes a request to authorize off-site parking for one parking stall, and the Major Use Permit is requested to authorize the residential portion of the project to exceed 50% of the gross floor area of the mixed-use building(s). Two separate Tentative Map Applications are requested to create a condominium form of ownership for each building. As part of the Design Review Permit authorization, for tandem parking for the residential units and a waiver of the standard loading space requirement are included. Each building is proposed with two residential units and four commercial units. Each residential unit is proposed with 2143 square feet and includes a 407 square foot, two- car/tandem parking garage. The southerly building is proposed with 1214 square feet of commercial space and the northerly building is proposed with 1194 square feet of commercial space. Discussion: Section 3.1.2.D.4.b.4 of the N-CRM-l zone of the N101SP stipulates that residential uses of a mixed use development shall not exceed 50 percent of the gross building floor area for the development site, unless authorized through the approval of a Major Use Permit. The southerly building is proposed with 77.9% of residential use and the northerly building is proposed with 78.2% of residential use; therefore the Major Use Permit was requested for the project. The project conforms to other mixed use site planning requirements of the N-CRM-l zone, in that separate entrances are provided for the residential and commercial uses, the residential uses are located above the primary commercial use and the dwelling units will be separately owned as part of a condominium form of ownership. Although the residential units occupy more than 50% of the buildings, cdldVRPC04261.620 (5/22/06 - FINAL) 8 the residential use does not maintain a prominent appearance from the 101 frontage whereby the buildings blend with the commercial corridor and are compatible with surrounding uses. With approval of the tandem parking, separate/enclosed parking is provided for each residential unit in conformance with the parking requirements of the N-CRM-l zone. Conclusion: The Planuing Commission finds that the location, size, design and operating characteristics of the proposed project are compatible with and do not adversely affect and are not materially detrimental to adjacent uses, residences, buildings, structures or natural resources. 2. The impacts of the proposed project will adversely affect the policies of the Encinitas General Plan or the provisions of the Municipal Code; and 3. The project fails to comply with any other regulations, conditions, or policies imposed by the Municipal Code. Facts:. The Major Use Permit is requested to authorize the residential portion of the project to exceed 50% of the gross floor area of the mixed-use building(s). Discussion: With authorization of the off-site parking space, authorization of the residential tandem parking, the waiver of the loading space, the authorization for the residential units to exceed 50% of the gross building floor area for the development site, and the establishment of the building pad upon which to measure height; the project as proposed conforms to the development standards of the N-CRM-l zone, the Local Coastal Program, the General Plan and the North 101 Corridor Specific Plan. Conclusion: The Planning Commission finds that the project, as conditioned, will not adversely affect the policies of the Encinitas General Plan or the provisions of the Municipal Code. cd/dl/RPC04261.620 (5/22/06 - FINAL) 9 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 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 subject application(s) include a Major Use Permit, Tentative Map, Design Review Permit and Coastal Development Permit Request for the proposed construction of two mixed use buildings. The Design Review Permit includes a request to authorize off-site parking for one parking stall, and the Major Use Permit is requested to authorize the residential portion of the project to exceed 50% of the gross floor area of the mixed-use building(s). Two separate Tentative Map Applications are requested to create a condominium form of ownership for each building. Discussion: Related to Finding No.1, with approval of the Design Review Permit and the Major Use Permit, the project conforms or is conditioned to conform to the standards of the N-CRM-l zone, the Local Coastal Program, the General Plan and the North 101 Corridor Specific Plan. Related to Finding No.2, no evidence has been submitted to show that the project will cause significant negative impacts to the surrounding area. Additionally, the project was determined to be exempt from environmental review pursuant to Sections 15332, 15303(b) and 15303(c) of the California Environmental Quality Act Guidelines (CEQA) which exempt projects which are in-fill development; and the construction of duplexes, or similar structures, totaling no more than four dwelling units; and the construction of stores, motels, offices, restaurants or similar structures not involving the use of significant amounts of hazardous substances, and not exceeding 2500 square feet in floor area. Related to Finding No.3, the subject site is located on the west side of North Coast Highway 101, which is not located between the sea or other body of water and the nearest public road, therefore Finding No.3 is not applicable. Conclusion: The Planning Commission finds that 1) the project is consistent with the certified Local Coastal Program of the City of Encinitas, 2) required finding No. 2 is not applicable since no significant adverse environmental impact is associated with the project; cdldVRPC04261.620 (5/22106 - FINAL) 10 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. cdldl/RPC0426 1.620 (5/22/06 - FINAL) 11 ATTACHMENT "B" Resolution No. PC 2006-20 Case No. 04-261 MUPIDRlCDP Applicant: Sawtooth Development Group/ Shane Felker and Clay Sammis Location: Two lots located on the west side of North Coast Highway 101 just north of Phoebe Street (APN: 254-23018 & 19). SCl SPECIFIC CONDITIONS: SC2 At any time after three years from the date of this approval, on May 4,2009 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 10 days of the date of the determination. SC5 This project is conditionally approved as set forth on the application and project drawings stamped received by the City on April 4, 2006, consisting of 15 sheets for each separate set of plans for the two buildings, including Title Sheet, Site Plan/Ground Floor Plan, Floor Plans, Exterior Elevations, Roof Plan, Conceptual Landscape Plan, and Preliminary Grading and Drainage Plan, all designated as approved by the Planning Commission on May 4, 2006, and shall not be altered without express authorization by the Planning and Building Department. SCA 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. The Height Certification/Survey shall be supplemented with a reduced (8 Yz" x 11") copy of the site plan and building elevations depicting the exact point of certification. The surveyor shall contact the Planning and Building Department to identify and finalize the exact point( s) to be certified prior to conducting the survey. SCB The trash enclosure(s) shall be constructed consistent with the approved plans. Adequate space for recyclable materials shall be provided within the enclosure in accordance with Municipal Code requirements. The applicant shall review the design of the trash enclosure with the service provider and receive Planning & Building Department approval prior to building permit issuance. cd/dl1RPC04261.620 (5/22/06 - FINAL) 12 SCC The approved grade and/or pad elevations shown on the tentative map(s) Case Nos. 04-219 & 04-220 approved in conjunction with the subject project which is the same grade as shown on the approved grading plan shall be used as the basis for measuring the height of all structures to be constructed on the resulting lots in accordance with Section 30.16.010 B 7 (d) of the Municipal Code, with said grade/pad elevations having been established with consideration given to on-site and surrounding uses and terrain. SCD The alley behind this project shall be posted "NO PARKING FIRE LANE" between Phoebe and Jason Street to Fire Department standards. Further, said alley shall be paved to the full 20 foot right-of-way, free and clear to City and Fire Department standards between Phoebe and the northerly property line of the project. SCE All residential and commercial spaces shall have their own independent exiting systems. SCF The existing residential fire hydrant, located at the southwest corner of Phoebe and North Coast Highway 10l, shall be replaced with a commercial fire hydrant meeting the Encinitas Fire Department standards (Two (2) 4" outlets and one (1) 2 1/2" inch outlet). SCG An encroachment permit shall be obtained prior to construction of the pump station control panel enclosure. No project signage shall be permitted on the control panel enclosure. The property owner( s) shall be responsible for the maintenance, repair and replacement of the control panel enclosure. SCH The following San Dieguito Water District conditions shall apply to the project: 1. A hydraulic analysis shall be submitted for the proposed project prior to building permit issuance. The results of the analysis shall dictate the approved design of the water system. 2. The developer shall install the water system according to Water Agencies' Standards and Specifications (WAS), and dedicate the portion of the water system which is to be public to the San Dieguito District. 3. The developer shall enter into a secured agreement with the District prior to building permit issuance. 4. Upon development, each unit will be required to be individually metered. 5. The developer shall dedicate to the San Dieguito Water District all necessary easements for that portion of the water system which is to be public water. 6. Water meters shall be located in front of the parcel they are serving and outside of any existing or proposed travel way.. Cost of relocations shall be the responsibility of the developer. cdldl/RPC0426 1.620 (5/22/06 - FINAL) 13 7. The developer shall show all existing and proposed water facilities on improvement or grading plans for District Approval. 8. The developer shall comply with the District's fees, charges, rules and regulations. 9. All meters shall have backflow preventers installed as per WAS standards. The owner shall be responsible for the maintenance, repair, and annual certifications. 10. All fire services shall have double detector check assemblies installed as per WAS standards. The owner shall be responsible for the maintenance, repair and annual certifications. 11. Screening for backflow preventers and fire services shall be completed to ensure clear access and safe operation of the devices. 12. The developer shall design water and fire systems to the satisfaction of all City Departments and outside agencies. SCI The developer started the process of a drainage study with the City before the completion of the Leucadia Drainage Study performed by Rick Engineering, and the approved figure of 53.8 for a 10-year flood water surface elevation from the earlier study may be used instead of the lO-year water surface elevation from the Rick Engineering study. As shown on the TM, all the proposed habitable areas must be at or above the 100-year water surface elevation of 55.6 feet. SCJ The location of the proposed storm vault is not clear from the plans submitted to Engineering. The applicant is responsible for providing a storage system capable of storing the runoff generated on the property by a 10-year storm, a water surface elevation of 53.8 feet. Based on the calculations by the applicant's engineer, the required storage volume is approximately 3360 cubic feet. For storm water pollution control, the runoff shall be treated via a StornlFilter or equal. The storm vault shall be designed to discharge the storm water only after the peak storm runoff has subsided. The system shall work automatically and shall have an alarm to alert of any malfunction. If the storage vault will not be structurally independent from the proposed building, then the building and grading plans shall be processed and permitted concurrently. Prior to issuance of any grading or building permit for the project, the applicant shall provide plans, reports, and descriptions addressing the phasing of the grading, storage vault installation, and the proposed building, and the design and cross-sections for the proposed storm vault and StormFilter shall be submitted for Engineering review and approval. SCK The design for the temporary dewatering system to be used during construction shall be submitted to the City for review and approval prior to issuance of any grading or building permit for this project. The proposed storm water collection vault is below the 100-year flood elevation. If groundwater is encountered, the vault shall be designed to withstand hydrostatic pressure without relying on a permanent dewatering system. cd/dllRPC04261.620 (5/22/06 - FINAL) 14 SCL The developer shall provide standard curb, gutter, and sidewalk along the property frontage to Highway 101 in accordance with the Highway 101 Specific Plan. SCM The revised plan shall show striping along Highway 101 consistent with the proposed improvements. SCN The developer shall provide full-width alley improvement along the property frontage to the alley at the westerly property boundary. SCO The improvement required for this project shall be designed, approved, and secured with adequate surety prior to building permit issuance. The developer shall be responsible for the actual construction of the public improvements and grading. SCP Any relocation or enclosure of the public pump station facility shall require a plan and schedule meeting the requirements of the Public Works Department. The developer is responsible for coordinating the meeting with Public Works and obtaining approval prior to any relocation or enclosure process. SCQ Adequate accessibility to the orifice and the backflow preventor is not detailed on the plans submitted to the Engineering Department. The design shall be reviewed and approved prior to issuance of any grading or building permit for this project. SCR The proposed building may not encroach over the proposed underground storage without approval from the City Engineer. SCS As agreed to by the applicant, the commercial units as depicted on the approved project plans dated April 4, 2006 shall be utilized solely for commercial uses and shall not at any time be converted to residential units. SCT The proposed commercial units are authorized for general office, professional or personal services and/or other retail or service uses including take-out restaurants with no seating, based on a parking ratio of 300 square feet per parking space. No restaurants, bars or lounges may be permitted as part of the commercial units unless parking requirements, including a valid loading space, are met in conformance with the N-CRM-l zone of the North 101 Corridor Specific Plan SCU The parking easement for the off-site parking space of the southerly building (APN: 254- 230-18) shall be obtained and recorded from the northerly building (APN: 254-230-19) prior to building permit issuance of either building. The parking easement shall remain in effect at all times, unless other arrangements are made for available commercial parking for the southerly building. Signage shall be posted on the space clearly designating the off-site space for the sole use of the southerly building. SCV A separate building permit for the pump station control panel enclosure shall be obtained; the enclosure shall be constructed to the satisfaction of the Public Works and Planning & Building Director prior to final occupancy approval of either building. cdldVRPC04261.620 (5/22/06 - FINAL) 15 SCW Any and all light sources associated with the subject project shall be shielded in such a manner that the light is directed away from streets or adjoining properties. SCX Separate grading and/or building permits may be issued for each building. SCY In order to guarantee a condominium form of ownership for the project, the final map associated with each building (Case Nos. 04-219 & 04-220) shall be recorded for the individual building prior to building permit issuance of the respective building. SCZ A bicycle rack, capable of storing three bikes, shall be provided for each building. Gl STANDARD CONDITIONS: CONTACT THE PLANNING AND BUILDING DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDlTION(S): G2 This approval may be appealed to the City Council within 10 calendar days from the date of this approval in accordance with Chapter 1.12 of the Municipal Code. G4 Prior to building permit issuance initiating use in reliance on this permit, 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 proj ect. 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. 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 mechanical and electrical cd/dVRPC04261.620 (5/22/06 - FINAL) 16 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 Planuing and Building Department. 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 Planuing and Building Department. G13 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 Final Map approval/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. G14 A plan shall be submitted for approval by the Planning and Building Department, the Engineering Services Department, and the Fire Department regarding the security treatment of the site during the construction phase, the on- and off-site circulation and parking of construction workers' vehicles, and any heavy equipment needed for the construction of the project. G 19 Garages enclosing required parking spaces shall be kept available and usable for the parking of owner/tenant vehicles at all times. 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 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, cdJd1/RPC04261.620 (5/22/06 - FINAL) 17 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). L3 All parking areas and driveways shall conform with Chapter 30.54 of the Municipal Code and the City's Off street Parking and Design Manual incorporated by reference therein. 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 type 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. S3 Signs are approved as submitted and as shown in the approved project plans. Any alteration/addition to the approved signs not exempted in Municipal Code Chapter 30.60 may require a permit amendment, and the applicant should contact the Planning and Building Department prior to undertaking any such modification. U2 In the event that any of the conditions of this permit are not satisfied, the Planning and Building Department shall cause a noticed hearing to be set before the authorized agency to determine whether the City ofEncinitas should revoke this permit. U3 Upon a showing of compelling public necessity demonstrated at a noticed hearing, the City of Encinitas, acting through the authorized agency, may add, amend, or delete conditions and regulations contained in this permit. U4 Nothing in this permit shall relieve the applicant from complying with conditions and regulations generally imposed upon activities similar in nature to the activity authorized by this permit. U5 Nothing in this permit shall authorize the applicant to intensify the authorized activity beyond that which is specifically described in this permit. U7 Any future modifications to the approved project will be reviewed relative to the findings for substantial conformance with a use permit contained in Section 30.74.105 of the cd/dl1RPC04261.620 (5/22/06 - FINAL) 18 Municipal Code. Modifications beyond the scope described therein will require submittal of an amendment to the use permit and approval by the authorized agency. 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 Planuing 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 CONDITION(S): CONTACT THE ENCINITAS BUILDING DIVISION REGARDING COMPLIANCE WITH THE FOLLOWING CONDlTION(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 California 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 CONDlTION(S): F2 ACCESS ROADWAY DIMENSIONS: Fire apparatus access roadways shall have an unobstructed paved width of not less than 24 feet, curb line to curb line, or edge of pavement to edge of pavement where no curbs are proposed, and an unobstructed vertical clearance of not less than 13 feet 6 inches. Access roads shall be designed and maintained to support the imposed loads of fire apparatus. Minimum design load is cdldllRPC04261.620 (5/22106 - FINAL) 19 65,000 lbs. EXCEPTION: Access to one (1) single family residence shall not be less than 16 feet of paved width, curb line to curb line, or edge of pavement to edge of pavement where no curbs are proposed. 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. This condition applies to the rear alley for the subject project. 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. Fll FIRE HYDRANTS AND FIRE FLOWS: The applicant shall provide fire hydrants of a type, number, and location satisfactory to the Encinitas Fire Department. A letter from the water agency serving the area shall be provided that states the required fire flow is available. Fire hydrants shall be of a bronze type. Commercial fire hydrants shall have two (2) 4" outlets and one (1) 2 Yz" outlet. Residential fire hydrants shall have one (1) 4" outlet and one (1) 2 Yz" outlet. A two-sided blue reflective road marker shall be installed on the road surface to indicate the location of the fire hydrant(s) for approaching fire apparatus. 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. Fl4 ADDRESS NUMBERS FOR STRUCTURES LOCATED OFF ROADWAY: Where structures are located off a roadway on long easements/driveways, a monument marker shall be placed at the entrance where the easement/driveway intersects the main roadway. Permanent address numbers with height conforming to Fire Department standards shall be affixed to this marker. 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. 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 cdld1lRPC04261.620 (5/22/06 - FINAL) 20 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 ofthe 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. EG 1 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 defmed 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 ofthe 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. 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. EGlO In accordance with Section 23.24.370 (A) ofthe 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 cdldl/RPC04261.620 (5/22/06 - FINAL) 21 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 1 Street Conditions ES3 The owner shall make an offer of dedication to the City for all public streets and easements required by these conditions or shown on the site development plan. The offer shall be made by execution of a grant deed prior to issuance of any building permit for this project. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated. ES5 Prior to arty 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. cd/d1/RPC04261.620 (5/22/06 - FINAL) 22 EUl 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./Sempra, AT&T, and other applicable authorities. EU4 All proposed utilities within the project shall be installed underground including existing utilities unless exempt by the Municipal Code. EU4A The existing overhead utilities service to the property shall be undergrounded. ESWl 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/Permit Site 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 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/Permit Site plan. cd/dl1RPC04261.620 (5/22/06 - FINAL) 23