2007-03
RESOLUTION NO. PC 2007-03
A RESOLUTION OF THE CITY OF ENCINITAS PLANNING COMMISSION
APPROVING A TENTATIVE MAP, DESIGN REVIEW, AND COASTAL
DEVELOPMENT PERMIT FOR THE DEMOLITION OF AN EXISTING SINGLE-
F AMIL Y RESIDENCE WITH AN ACCESSORY UNIT AND THE DEVELOPMENT OF A
10-UNIT RESIDENTIAL SUBDIVISION WITH A DENSITY BONUS UNDER THE
STATUTORY PROVISONS OF THE CALIFORNIA GOVERNMENT CODE FOR THE
PROPERTY LOCATED AT 135 DAPHNE STREET
(CASE NO. 05-072 TMIDR/CDP; APN 256-053-12)
WHEREAS, a request for consideration of a Tentative Map, Design Review, and Coastal
Development Permit was filed by John DeWald and Associates for the development of a 10-unit
residential subdivision with a Density Bonus under the provisions of Govemment Code Section
66474, Chapters 23.08 and 30.80 of the Encinitas Municipal Code, and Government Code Sections
65915-65918 respectively, for the property located within the RS-ll zone and the City's Local
Coastal Zone, legally described as:
(SEE ATTACHMENT "A")
WHEREAS, the Planning Commission conducted a noticed public hearing on the
application on January 11, 2007 at which time all those desiring to be heard were heard; and
WHEREAS, the Planning Commission considered, without limitation:
I. The January 11, 2007 agenda report to the Planning Commission with attachments;
2. The General Plan, Local Coastal Program, Municipal Code and associated Land Use
Maps, and Government Code Sections 65915-65918;
3. Oral evidence submitted at the hearing;
4. Written evidence submitted at the hearing;
5. Project drawings consisting of (60) sheets of architectural drawings labeled as Sheet
(A-1.01), Lot I (Sheets 2.00 - 4.01), Lot 2 Sheets A-2.01-4.01), Lot 3 (Sheets A-
2.00-4.01), Lot 4 (Sheets A-2.01-4.01), Lot 5 (Sheets A-2.00-4.01), Lot 6 (Sheets A-
2.01-4.01), Lot 7 (Sheets A-2.00-4.0l), Lot 8 (Sheets A-2.01-4.01), Lot 9 (Sheets A-
2.01-4.01) and Lot 10 (Sheets A-2.01-4.01); and (4) sheets of landscape drawings
labeled as Sheets LC-1.01 - LC1.05) - an stamped received by the City of Encinitas
on December 4, 2006; and a 2-sheet Tentative Map stamped received by the City of
Encinitas on November 21, 2006, and the project colored elevations and
color/materials exhibits presented at the public hearing; and
WHEREAS, the Planning Commission made the following findings pursuant to Section
66474 of the California Government Code and Chapters 23.08 and 30.80 of the Encinitas Municipal
Code:
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(SEE ATTACHMENT "B")
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Encinitas hereby approves application Case No. 05-072 TM/DR/CDP subject to the following
conditions:
(SEE ATTACHMENT "C")
BE IT FURTHER RESOLVED that the Commission, in its independent judgment, has
determined the project is exempt from environmental review pursuant to Section 15332 of the
California Environmental Quality Act (CEQA) Guidelines, which exempts qualifying "in-fill"
development projects and the proposed project qualifies as such type development under the CEQA
provisions.
PASSED AND ADOPTED this 11th day of January, 2007, by the following vote, to wit:
AYES: Chapo, Avis, Felker, McCabe
NAYS: none
ABSENT: Van Slyke
ABSTAIN: none
Gene Ch Chair of the
Planning Commission of the
City of Encinitas
ATTEST~ ~
~ -~
/dO-
'Patrick Murphy
Secretary
NOTE: This action is subject to Chapter 1.04 of the Municipal Code, which specifies time limits
for legal challenges.
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ATTACHMENT "A"
Resolution No. PC 2007-03
Case No. 05-072 TM/ DR/CDP
The following described property is located within the City of Encinitas, County of San Diego, and
State of California:
Lots 9, Block "A", South Coast Park No.3, Map No. 148, filed in the office of the County
Recorder, County of San Diego, August 17, 1926.
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ATTACHMENT "B"
Resolution No. PC 2007-03
Case No. 05-072 TM/DR/CDP
FINDINGS FOR A TENTATIVE MAP
STANDARD: Section 66474 of the California Government Code requires that the
authorized agency approve an application for a Tentative Map unless, based upon the
information presented in the application and during the Public Hearing, the authorized
agency makes any of the following findings of fact:
a. That the proposed map is not consistent with applicable general and specific plans as
specified in Section 65451 of the Subdivision Map Act.
Facts: The proposed Tentative Map covers an area of approximately 0.94 gross acres and
would subdivide the property for the development of single-family detached units on lot
sizes ranging in size from 2,741- 3,950 square feet. As a qualif'ying Density Bonus project,
the project is eligible for certain "concessions" from local development standards under the
provisions of Government Code Section 659l5(a) for the production of affordable housing.
The requested concession applies to a reduction or relaxation in local zoning development
standards for lot dimensions, lot area, structural setbacks, lot coverage, and floor area ratio
(FAR). The applicant has based the request upon a determination that the reduced standards
will result in identifiable, financially sufficient, and actual cost reductions for the
construction of affordable housing in accordance with the applicable provisions of the
Government Code. The project conforms to all other provisions of the General Plan not
modified under the above concession. No specific plan is applicable.
Discussion: Based upon the applicant's request for concessions to local development
standards as a means of off-setting the costs associated with the provision affordable
housing, the requested concession must be granted to the applicant by the local permit
authority in accordance with the provisions of Government Code Section 65915(a).
However, other technical aspects of the Tentative Map pertaining to engineering for
grading, storm water handling and treatruent, frontage improvements, and off-site street and
drainage improvements are designed in accordance with the applicable local standards and
development requirements.
Conclusion: The proposed map is consistent with applicable general and specific plans as
specified in Section 65451 of the Subdivision Map Act.
b. That the design or improvement of the proposed subdivision IS not consistent with
applicable general and specific plans.
Facts: Residential single-family detached development is permitted in the RS-II zone
under the City's General Plan and zoning regulations. No specific plan is applicable the
project. The proposed project is conditioned to construct a full range of on-site and off-site
improvements. The off-site frontage and right-of-way improvement obligations to the
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project include the conversion of overhead utilities within a portion of the fronting street
right-of-way to an underground system, street right-of-way dedication across the
project's street frontage, roadway widening, the construction of off-site storm water
drainage facilities within the fronting street and along the entire length of the adjacent
alley to Europa Street, and the construction of a pedestrian sidewalk along the length of
the project's street frontage. The significant on-site improvements consist of mitigations
for area-wide flooding associated with the calculated 10-year and 100-year storm events,
and the construction of storm water treatment systems to comply with the City's adopted
storm water regulations.
Discussion: The design of the subdivision and the project's conditioned scope of obligations
for on-site and off-site improvements reflect the application of standard conditions and
special case development obligations related to flood inundation and the lack of an
underground storm drain system serving the immediate area. The full range of the project's
conditioned and proposed improvements are consistent with the standards for development
and represent a fair-share contribution to off set the project's development impacts.
Conclusion: The design and improvements associated with the proposed Tentative Map are
consistent with the applicable aspects ofthe City's General Plan.
c. That the site is not physically suitable for the type of development.
Facts: The proposed project is a subdivision for 10 single-family detached units over an
area of O. 77 acres (net) after dedications for public and private streets.
Discussion: The project site is serviced with the necessary utilities and public and private
services to support the proposed land use and the scope of proposed development. Any
public or private services not currently serving the property are available to be provided to
the project at the developer's expense.
Conclusion: The site is physically suitable for the proposed development.
d. That the site is not physically suitable for the proposed density of development.
Facts: The net area of project site after public and private street dedications is 0.77 acres.
Under the local zoning provisions the maximum density would yield eight (8) units.
However, the application of a Density Bonus under the provisions of Government Code
sections 65915 - 65918 make the project eligible for the development of two (2) additional
units for a project total of 10 units and the development and reservation of one (1) of the
units as an affordable unit for qualifying "lower income" households.. The Govemment
Code provisions also mandate the provision of certain concession or reductions in local
development standards to defray the costs associated with the development of affordable
housing. In addition the Govemment Code provisions also stipulate maximum parking
requirements that may be applied to a Density Bonus project. The applicant has request
such a concession related to minimum lot area, lot dimensions, structural setbacks, lot
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coverage, and floor area ratio (FAR) and has elected to utilize the statutory provisions for
maximum parking requirements.
Discussion: The project design indicates that the 10 single-family detached units can be
accommodated on the adhering to City's development regulations and with the application
of the Density Bonus concession noted under "Facts" above.
Couclusion: The site is physically suitable for the proposed density of development.
e. That the design of the subdivision or the proposed improvements are likely to cause
substantial environmental damage or substantially or avoidably injure fish or wildlife or
their habitat.
Facts: Under the provisions of Section 15332 of the California Environmental Quality Act
(CEQA), qualifYing "in-fill" development projects are exempt from environmental review.
Discussion: The project qualifies as an in-fill development under the CEQA provisions and
no evidence has been submitted to demonstrate that the development of the project would
result in any substantial environmental damage or substantial or avoidably injury to fish,
wildlife, or their habitat.
Conclusion: The design of the Tentative Map and the associated improvements are not
likely to cause substantial environmental damage and would substantially avoid any injury
to wildlife.
f. That the design of the subdivision or the type of improvements is likely to cause serious
public health problems.
Facts: The subdivision and development project is conditioned to comply with all
applicable codes and standards related to its on-site construction and occupancy and its off-
site interface with the surrounding areas.
Discussion: The development and occupancy regulations attached to the project are
standard applications that are adopted code regulations and accepted as sufficient. The
application of unique and particular off-site improvements related to frontage roadway
dedication and street widening, off-site storm water and pedestrian facilities, off-site
drainage improvements, and the conversion of certain overhead utilities fronting the project
site to an underground system will ensure for the project's safety and compatible integration
with the existing neighborhood area. All public services and utilities necessary to serve the
project are in place.
Conclusion: The design of the Tentative Map and the associated improvements are not
likely to cause serious public health problems.
g. That the design of the subdivision or the type of improvements will conflict with easements,
acquired by the public at large, for access through or use of, property within the proposed
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subdivision. In this connection, the authorized agency may approve a map if it finds that
alternate easements, for access or for use, will be provided, and that these will be
substantially equivalent to ones previously acquired by the public. This subsection shall
apply only to easements of record or to easements established by judgment of a court of
competent jurisdiction and no authority is hereby granted to a legislative body to determine
that the public at large has acquired easements through or use of property within the
proposed subdivision.
Facts: Based upon the property title records, easements affecting the project would be
limited to an easement previously granted to the County of San Diego for roadway
purposes. The easement is 5 feet in width across the project frontage to Daphne Street. The
project is conditioned to covert the same easement area to a dedication for street right-of-
way in accordance with the current subdivision and improvement standards.
Discussion: With the conversion of the existing easement to a dedication for street right-of-
way purposes, the project would have no conflict with any existing easements for public use
or any public rights-of-way through the project site. Any new facilities or utilities
constructed as public systems, such as public water utilities, shall be offered for dedication
as public facilities in conjunction with the Final Map submitted for approval.
Conclusion: The design of the Tentative Map and the associated improvements will not
conflict with any easements on behalf of the public for access through or the use of the
property affected by the subdivision.
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FINDINGS FOR DESIGN REVIEW
STANDARD: Section 23.08.080 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 proposed Tentative Map covers an area of approximately 0.94 gross acres and
would subdivide the property for the development of single-family detached units on lot
sizes ranging in size from 2,741- 3,950 square feet. As a qualifYing Density Bonus project,
the project is eligible for certain "concessions" from local development standards under the
provisions of Government Code Section 65915( a) for the production of affordable housing.
The requested concession applies to a reduction or relaxation in local zoning development
standards for lot dimensions, lot area, structural setbacks, lot coverage, and floor area ratio
(FAR). The applicant has based the request upon a determination that the reduced standards
will result in identifiable, financially sufficient, and actual cost reductions for the
construction of affordable housing in accordance with the applicable provisions of the
Government Code.
Discussion: The design of the proposed project is consistent with the Government Code
provisions enabling a reduction in local development standards and maximum parking
requirements. The project will conform to all other aspects of local development standards
including maximum structural height and the project will conform to local engineering
standards for the subdivision of land, grading, storm water management and treatment
regulations, and flood inundation mitigation. In addition, the proj ect is conditioned to
provide standard and fair-share improvements related to frontage roadway dedication and
street widening, off-site storm water and pedestrian facilities, off-site drainage
improvements, and the conversion of certain overhead utilities fronting the project site to an
underground system.
Conclusion: The Planning Commission finds that the project design is consistent with the
General Plan and the provisions ofthe Municipal Code.
b. The project design is substantially inconsistent with the Design Review Guidelines.
Facts: The project is subject to the City's adopted Design Review Guidelines pertaining to
the applicable criteria for Site Planning, Grading, Circulation, Parking, and Streetscape,
Architecture, and Landscape.
Discussion: The architectural composition of the residential units is based upon "California
Bungalow", "Craftsman Bungalow", and "Spanish Bungalow" architectural themes and is
intended to result in a custom home presentation for each of the units. Architecturally, each
of the units is designed as a variation of each of the themes and, while similar and
compatible with one another in thematic appearances, no two unit elevations are the same.
The street-side architectural treatments include wrap-around porches, multi-level roofing
projections, and window and trim detailing to further enhance these elevations. The end
result of these design considerations is a well-articulated unit architecture and landscape
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presentation to the neighborhood area with an unobstructed and open view into the project
from Daphne Street. As proposed, the project grading would maintain a general
consistency with the topographic lay of the land and does not represent any significant
deviation inconsistent with the topographic character of the area. In addition, the
project's design incorporates drainage and storm water treatment systems in compliance
with the City's adopted storm water regulations. The project will provide frontage
improvements to include a right-of-way dedication, street widening, storm water treatment
and conveyance facilities and a new 5-foot wide pedestrian sidewalk along the length of the
project's street frontage and adjacent to the project site. However, as a measure of
consistency with the character of the neighborhood area, which is almost entirely devoid of
pedestrian walkways that area that are outside of the street traffic lanes, the proposed
sidewalk is design with a "zero height" curb and the grade of the sidewalk would not exceed
the height of the street grade. In addition, the sidewalk is proposed to be paved with
enhanced materials consisting of either pavers or enhanced finished concrete. The landscape
plan consists of front yard and rear yard landscape improvements. In addition, the landscape
improvements reflect special attention to the Daphne Street presentation in the use of
landscaped and terraced retaining walls, with stone faced treatment, to bridge the elevation
differences from the fronting units pads down to the Street elevation. In addition to the
provision of 22 canopy trees in 24-inch box specimen sizes, the landscape plan includes II
accent palm trees in 15-foot and 25-foot "brown trunk height" specimen sizes to
compliment the Califomia-bungalow inspired traditional architectural themes. The finished
residential lots will be complete with complimentary paving consisting stone walkways,
accent-scored concrete, low walls, and buffer trellises with vine landscaping attached to
perimeter fences as mitigation for the reduced setback rear yard areas associated with the
Density Bonus concession to local development standards.
Conclusion: The Planning Commission finds that the project is substantially consistent with
the applicable Design Review criteria.
c. The project would adversely affect the health, safety, or general welfare of the community.
Facts: The proposed project is conditioned to comply with all applicable codes and
standards related to its on-site construction and occupancy and its off-site interface with the
surrounding areas. All public utilities and services are in place to serve the proposed use. In
addition as a qualifying "in-fill" development, the project is categorically exempt from
environmental review under the provision of Section 15332 of the Califomia Environmental
Quality Act (CEQA) guidelines.
Discussion: The design of the proposed project is consistent with the provisions of
Government Code Section 65915(a) enabling a reduction in local development standards
and maximum parking requirements. Aside from the concession affecting lot size, lot
dimensions, setbacks, lot coverage, and floor area ratio; the project will conform to other
aspects oflocal development standards including maximum structural height and the project
will conform to local engineering standards for the subdivision of land, grading, storm water
management and treatment regulations, flood inundation mitigation. In addition, the project
is conditioned to provide standard and fair-share improvements related to frontage roadway
dedication and street widening, off-site storm water and pedestrian facilities, off-site
drainage improvements, and the conversion of certain overhead utilities fronting the project
site to an underground system. The project is exempt from environmental review as a
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qualifying in-fill development under the CEQA provisions, and no evidence has been
submitted to demonstrate that the development of the project would result in any substantial
environmental damage or substantial or avoidably injury to fish, wildlife, or their habitat.
Conclusion: The Planning Commission finds that the project will not adversely affect the
health, safety or general welfare of the community.
d. The project would cause the surrounding neighborhood to depreciate materially in
appearance or value.
Facts: The proposed project is conditioned to construct a full range of on-site and off-site
improvements. The off-site frontage and right-of-way improvement obligations to the
project include the conversion of overhead utilities within a portion of the fronting street
right-of-way to an underground system, street right-of-way dedication across the
project's street frontage, roadway widening, the construction of off-site storm water
drainage facilities within the fronting street and along the entire length of the adjacent
alley to Europa Street, and the construction of a pedestrian sidewalk along the length of
the project's street frontage. The significant on-site improvements consist of mitigations
for area-wide flooding associated with the calculated 10-year and 100-year storm events,
and the construction of storm water treatment systems to comply with the City's adopted
storm water regulations.
Discussion: The design of the proposed project is consistent with the Government Code
provisions enabling a reduction in local development standards and maximum parking
requirements. The project will conform to other aspects of local development standards
including maximum structural height and the project will conform to local engineering
standards for the subdivision of land, grading, storm water management and treatment
regulations, flood inundation mitigation. In addition, the project is conditioned to provide
standard and fair-share improvements related to frontage roadway dedication and street
widening, off-site storm water and pedestrian facilities, off-site drainage improvements, and
the conversion of certain overhead utilities fronting the project site to an underground
system. The project represents a substantial upgrade in design appearance and is consistent
with the City's adopted design criteria as noted in finding "b" above. Accordingly, the
project the project will not cause any material depreciation to the appearance or value of the
neighborhood.
Conclusion: The Planning Commission finds that the project will not cause the surrounding
neighborhood to depreciate materially in appearance or value.
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FINDINGS FOR A COASTAL DEVELOPMENT PERMIT
STANDARD: Section 30.80.090 of the Municipal Code provides that the authorized agency
must make the following findings of fact, based upon the information presented iu 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: As a qualifying Density Bonus project, the project is eligible for certain
"concessions" from local development standards under the provisions of Government Code
Section 65915(a) for the production of affordable housing. The requested concession
applies to a reduction or relaxation in local zoning development standards for lot
dimensions, lot area, structural setbacks, lot coverage, and floor area ratio (FAR). The
applicant has based the request upon a determination that the reduced standards will result in
identifiable, financially sufficient, and actual cost reductions for the construction of
affordable housing in accordance with the applicable provisions of the Government Code.
The project complies with all other Local Coastal Program and General Plan regulations and
policies. In addition, the project would be required to comply with all applicable Building
and Fire codes through the standard plan checking process. All public utilities and services
are in place to serve the existing use. Under the provisions of Section 15332 of the
California Environmental Quality Act (CEQA), qualifying "in-fill" development projects
are exempt from environmental review.
Discussion: Related to finding No.1, with the approval of the Tentative Map and Design
Review Permit applications associated with the proposed project; the project would comply
with all applicable provisions, regulations, and policies of the City's Municipal Code,
General Plan and certified Local Coastal Program. Related to finding No.2, the project
qualifies as an "in-fill:" development under the provisions of Section 15332 of the
California Environmental Quality Act (CEQA) Guidelines and is, therefore, exempt from
environmental review. Finding NO.3 is not applicable since the project is not located
between the sea or other body of water and the nearest public road.
Conclusion: The Planning Commission finds that I) the project is consistent with the
certified Local Coastal program of the City of Encinitas; 2) the project is exempt from
environmental review, and 3) finding No.3 is not applicable to the project since it is not
located between the sea or other body of water and the nearest public road.
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ATTACHMENT "C"
Resolution No. PC 2007-03
Case No. 05-072 TM/DR/CDP
Applicant:
John DeWald and Associates
Location:
135 Daphne Street (APN 256-053-12)
SCl SPECIFIC CONDITIONS:
SC3 Approval of the Tentative Map and all associated permits will expire on January 11, 2010 at
5 :00 pm, three years after the approval of this project, unless the conditions have been met
or an extension of time has been approved pursuant to the Municipal Code.
SC5 This project is conditionally approved as set forth on the application and project drawings
consisting of (60) sheets of architectural drawings labeled as Sheet (A-l.Ol), Lot I (Sheets
2.00 - 4.01), Lot 2 Sheets A-2.01-4.01), Lot 3 (Sheets A-2.00-4.0l), Lot 4 (Sheets A-2.0l-
4.01), Lot 5 (Sheets A-2.00-4.01), Lot 6 (Sheets A-2.01-4.0l), Lot 7 (Sheets A-2.00-4.0l),
Lot 8 (Sheets A-2.01-4.0l), Lot 9 (Sheets A-2.01-4.0l) and Lot 10 (Sheets A-2.01-4.01);
and (4) sheets of landscape drawings labeled as Sheets LC-1.01 - LC1.05) - all stamped
received by the City of Encinitas on December 4, 2006; and a 2-sheet Tentative Map
stamped received by the City of Encinitas on November 21, 2006, and the project colored
elevations and color/materials exhibits presented at the public hearing. These materials are
indicated as approved by the Planning Commission on January 11, 2007 and shall not be
altered without an expressed authorization by the Planning and Building Department.
SCA Without certain improvements to the adjacent alley, the increase in runoff generated by the
development of the subject site may negatively impact properties adjacent to the alley
northeasterly of the project site. To avoid such impacts, the developer shall provide alley
improvements to the satisfaction of the City Engineer. As shown on the Tentative Map, the
developer shall provide a modified PCC alley apron at the entrance to the alley and shall
construct a PCC ribbon gutter running from the alley apron to the existing grate inlet in the
alley adjacent to Europa Street.
SCB The developer shall obtain permission to fill against the existing retaining wall on the
adjacent property easterly of the subject site and shall submit structural calculations
documenting the stability of the wall to support the fill. A notarized letter of permission
shall be submitted for Engineering review and approval at first submittal of the Final Map
and grading plan. Alternatively, the developer shall construct a retaining wall on the private
property to support the proposed fill.
SCC No cross-lot drainage will be allowed. As shown on the Tentative Map, all properties shall
be graded to drain to Daphne Street.
SCD As shown on the Tentative Map, the developer shall dedicate an additional 5 feet of right-of-
way along the property frontage to Daphne Street.
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SCE The developer shall provide frontage improvements along the property frontage to Daphne
Street. As shown on the approved Tentative Map, the frontage improvements shall include
a 5-foot wide gravel swale along the edge of the widened and improved roadway pavement
section. A 5-foot wide sidewalk with a "zero height curb" and an enhanced hard surface
shall also be constructed between the gravel swale and the property line, unless waived by
the City Council in accordance with the provisions of Section 4.6 of the City's Public Road
Standards. The gravel swale shall be bounded by a PCC flush curb along the pavement
edge and a redwood header along the opposite side of the swale, and it shall be underlain by
a City approved geo-grid in order to prevent erosion. A covenant approved by the City shall
be recorded against the property to ensure for perpetual and professional maintenance,
repair, and replacement of the gravel swale and enhanced surface sidewalk (if applicable).
SCF Based on a recent drainage study prepared for the Leucadia Community, extensive portions
ofNCH 101 and the proposed project site are subject to area-wide flooding during a major
storm. The water surface elevations for 10-year and 100-year storms are determined to be
58.7 NA VD 88 and 59.3 NA VD 88 respectively. The developer shall provide flood storage
on the project site that is equal to predevelopment condition for a 10-year storm frequency.
The pre-development storage volume is the volume of storm water inundation over the
property to a surface elevation of 58.7 feet. The developer shall design all the proposed
habitable areas to be at or above elevation of 100-year storm, 59.3 NA VD.
SCG The developer shall provide a standard cross gutter across the private street at Daphne
Street. Pedestrian ramps shall be provided at Daphne Street on the easterly and westerly
sides of the private street. If the proposed drainage swale will cross the pedestrian ramp,
that entire section of the swale shall be PCC to the satisfaction of the City Engineer.
SCH The developer shall be responsible to convert any existing overhead utilities traversing
within, through, or along the project site and the project site frontage(s).
SCI Prior to the approval of the Final Map, the Conditions, Covenants, and Restrictions
("CC&R's") shall be reviewed and approved by the Engineer Services Department and the
Planning and Building Department. At a minimum the CC&R's shall include provisions for
the following:
a) Homeowner's Association (HOA) maintenance of the private street and all shared storm
water treatment facilities and all shared storm water conveyance facilities and equipment
contained therein and upon any individual residential lot.
b) HOA maintenance of the streetscape improvements fronting Daphne Street, within Lot I
and Lot 2, consisting of certain street-side retaining walls and landscape trees and shrubs
within the Daphne Street street-side setback areas of said Lots.
c) HOA maintenance of the retaining walls along the southerly sides of Lot 9 and Lot 10
and related to the fill and cut grading for the approved project.
d) HOA maintenance and enforcement of a no parking restriction against vehicular parking
upon the project's private street and the existence of a Fire Department access easement
over said private street.
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e) HOA maintenance of the Daphne Street frontage improvements and consisting of the
storm water filtration and conveyance swale and the public sidewalk within the Daphne
Street right-of-way.
f) Specifications of a rear-yard buffer trellis attached to the rear-yard fence of Lot 3, the
Lot 3 homeowner's responsibility to maintain the buffer in perpetuity, and a
specification that any default of maintenance would constitute a violation of the CCRs.
SCJ The following specifications shall be shown on the Pinal Map submitted for approval:
a) Dedication of a Pire Department access and no-parking easement, the limits of which
match the boundaries of the private street lot (Lot II) as shown on the approved
Tentative Map. The dedication shall clearly stipulate the easement shall be maintained
privately for the benefit of the grantee.
b) An easement in favor of the Homeowner's Association (HOA) over Lot I and Lot 4 for
the maintenance of storm water drainage and treatment facilities and covering the area
of the "Proposed 5-foot BMP Swale" as shown on the approved Tentative Map. The
easement shall be extended to include Lot I should the final design for the project's
storm water system also affect Lot 1.
c) An easement in favor of the HOA over Lot 9 and Lot 10 for the maintenance of
retaining walls along the southerly sides of said Lots and supporting the development's
cut and fill grading as shown on the approved Tentative Map.
d) An easement in favor of the HOA over Lot I and Lot 2 for the maintenance of
streetscape improvements fronting Daphne Street and covering the area ofthe street-side
retaining walls and landscape trees and shrubs within the street-side setback areas of
Lots I and 2 as shown on the approved landscape plans for the project.
SCK The final landscape construction plans shall show separate irrigation and separate irrigation
metering for the Daphne Street side landscape improvements upon Lot I and Lot 2 and
within the HOA maintenance easements over said Lots.
SCL Prior to the approval and recordation of the Pinal Map, the developer shall execute and
record a covenant for the construction of an affordable unit as shown on the approved
Tentative Map and as represented on the approved architectural drawings. The covenant
shall indicate the reservation of affordability for qualifying "lower income" households for a
minimum period of 30 years and shall reference the developer's obligation to consummate
an Affordable Housing Regulatory Agreement with the City of Encinitas as an
implementing mechanism for the production, maintenance, and household qualification
requirements for the affordable unit. The final design of the affordable unit represented on
the plans submitted for building permits shall be subject to the limitations of a determination
of substantial conformance with the approved Design Review permit in accordance with the
provisions of Section 23.08.140 of the Municipal Code.
SCM The affordable unit shall be constructed and made available with the first phase of
completion of the development or prior to the completion and occupancy of the 8th dwelling
unit.
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SCN Prior to approval and recordation of the Final Map, the developer shall execute and record
an Affordable Housing Regulatory Agreement. The Agreement shall provide specific
requirements for the production and maintenance of the affordable units including, but not
limited to, the timing of the construction of the affordable unit, the term of the reservation
for continued affordability, management of a program for continued affordability during the
required term, reporting requirements, and qualifYing income levels for "lower income"
households, and the calculation ofthe maximum restricted rents or housing costs.
SCO Subject to the approval of the Fire Marshall and the Planning and Building Director, the
private street cul-de-sac bulb shall be improved with a centrally located landscape feature.
The landscape feature shall be reflected on the plans submitted for building permits.
SCP In the interest of compatibility with the surrounding neighborhood area, the Planning
Commission recommends to the City Council a modification of the Public Road Standards
to waive the construction of sidewalk improvements along the project's frontage to Daphne
Street. However, the other street right -of-way dedications and frontage improvements
specified within Conditions SCD and SCE herein are recommended to be maintained.
SCQ In accordance with the provisions of Section 4.6 of the City's Public Road Standards, and
prior to the approval of the Final Map, the City Council shall consider a recommendation for
a modification of the Public Road Standards to waive the applicable sidewalk improvement
requirements along the project's frontage to Daphne Street. Should a waiver not be granted
a sidewalk shall be constructed as specified within Condition SCE herein or as otherwise
specified by the City Council.
Gl STANDARD CONDITIONS:
CONTACT THE PLANNING AND BUILDING DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
G2 This approval may be appealed to the City Council within 10 calendar days from the date of
this approval in accordance with Chapter 1.12 of the Municipal Code.
G4 Prior to the recordation of the Final Map initiating the approved development and land use
in reliance on this permit, the owner/subdivider 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 hannless 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.
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G7 Prior to issuing a final inspection on framing, the applicant shall provide a survey from a
licensed surveyor or a registered civil engineer verifying that the building height is in
compliance with the approved plans.
G 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 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 the
recordation of the Final Map and 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.
DRI Any future modifications to the approved project will be reviewed relative to the findings
for substantial conformance with a design review permit contained in Section 23.08.140 of
the Municipal Code. Modifications beyond the scope described therein may require
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.
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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,
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
adj acent properties. All irrigation lines shall be installed and maintained underground
(except drip irrigation systems).
L4(b) 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
homeowners association. 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 areas 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.
M2 All project grading shall conform with the approved Tentative Map or Tentative Parcel
Map. In cases where no grading is proposed at the time of the Tentative Map/Tentative
Parcel Map, or in cases where the grading plan later submitted is not consistent with the
approved Tentative Map/Tentative Parcel Map, the applicant shall be required to obtain a
design review permit for grading prior to issuance of grading permits.
M6 Street names shall be approved by the City prior to the recordation of the final map, and
street addresses shall be provided by the Planning and Building Department prior to the
issuance of building permits.
M7 The approved grade and/or pad elevations shown on the approved tentative map or tentative
parcel map 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..
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MHl Model homes in a number not to exceed that necessary to provide an example of each
dwelling type being offered may be allowed in accordance with 30.46.100 of the Municipal
Code. That Section provides that building permits may not be issued for model homes until
a final map has been recorded, or, in the alternative, that a final map has been submitted
which the Engineering Services Director has determined to be in conformance with the
approved tentative map and technically correct. In addition, that Section provides that prior
to issuance of building permits for model homes, the applicant shall provide a site plan to
the satisfaction of the Planning and Building Department, indicating, among other things,
the location of the model homes and their relation to off-street parking, vehicular and
pedestrian access, and existing and all known future development in surrounding areas.
MH2 Model homes shall include at least one model designated as a "Water Efficient Landscape
Model" in accordance with Section 23.26.110 of the Municipal Code, featuring elements
such as hydrozones, irrigation equipment, and other elements which contribute to overall
water efficiency pursuant to Chapter 23.26 of the Municipal Code.
MH3 All sales maps that are distributed or made available to the public shall include but shall not
be limited to trails, future and existing schools, parks, streets, and all other adjacent and all
known future development.
MH4 The developer shall provide a noise display board in the sales office to the satisfaction of the
Planning and Building Director. The display shall include the site plan and applicable noise
impact contours.
BI BUILDING CONDITIONS:
CONTACT THE ENCINITAS BUILDING DIVISION REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITION(S):
B2R The applicant shall submit a complete set of construction plans to the Building Division for
plancheck processing. The submittal shall include a Soils/Geotechnical Report, structural
calculations, and State Energy compliance documentation (Title 24). Construction plans
shall include a site plan, a foundation plan, floor and roof framing plans, floor plan(s),
section details, exterior elevations, and materials specifications. Submitted plans must show
compliance with the latest adopted editions of the California Building Code (The Uniform
Building Code with California Amendments, the Califomia Mechanical, Electrical and
Plumbing Codes). These comments are preliminary only. A comprehensive plancheck will
be completed prior to permit issuance and additional technical code requirements may be
identified and changes to the originally submitted plans may be required.
FI FIRE CONDITIONS:
CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
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
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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
65,000Ibs.
F4 DEAD ENDS: All dead-end fire apparatus access roadways in excess of 150 feet in
length shall be provided with a Fire Department approved turnaround. Access roads
serving more than four (4) dwelling units shall be provided with a cul-de-sac. The cul-
de-sac shall have a minimum paved radius of not lees than 36 feet, curb line to curb line,
or edge of pavement to edge of pavement where no curbs are proposed. Alternate types
of turnarounds may be considered by the Fire Marshal as needed to accomplish the
purpose of the Fire Code.
F5 GRADE: The gradient for a fire apparatus roadway (including the alley access from "B"
Street) shall not exceed 20.0%. Grades exceeding 15.0% (incline or decline) shall not be
permitted without mitigation. Minimal mitigation shall be the installation of automatic
fire sprinkler systems appropriate to the structures and uses served. The angle of
departure and angle of approach of a fire access roadway shall not exceed 7%.
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). 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.
F8 CONSTRUCTION MATERIALS: Prior to the delivery of building construction
materials to the project site, all of the following conditions shall be completed to the
satisfaction of the Fire Department:
I. All wet and dry utilities shall be installed and approved by the appropriate inspecting
department or agency.
2. As a minimum, the first lift of asphalt paving shall be in place to provide a permanent
all-weather surface for emergency vehicles.
3. All fire hydrants shall be installed, in service, and accepted by the Fire Department
and applicable water district.
F9 POSTING OR STRIPING ROADWAYS "NO PARKING FIRE LANE": Fire
Department access roadways, when required, shall be properly identified as per Fire
Department standards.
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FIO 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.
FII 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 (I) 2 y," outlet. Residential fire hydrants shall have one (I) 4"
outlet and one (1) 2 Y2" 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 height than: Four inches (4") for
single family homes and duplexes; Eight inches (8") for commercial and multi-family
residential buildings. '
FI5A AUTOMATIC FIRE SPRINKLER SYSTEM - SINGLE-FAMILY DWELLINGS AND
DUPLEXES: Structures shall be protected by an automatic fire sprinkler system
designed and installed to the satisfaction of the Fire Department. Plans for the automatic
fire sprinkler system shall be approved by the Fire Department prior to issuance of
building permit(s).
F18 CLASS "A" ROOF: All structures shall be provided with a Class "A" roof assembly to
the satisfaction of the Encinitas Fire Department.
EI ENGINEERING CONDITIONS:
CONTACT THE ENGINEERING SERVICES DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
E2 All City Codes, regulations, and policies in effect at the time of building/grading permit
issuance shall apply.
EG I Gradinl!: Conditions
EG3 The 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 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.
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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: I.
EG8 A soils/geological/hydraulic report (as applicable) shall be prepared by a qualified engineer
licensed by the State of Califomia 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.
EGlO In accordance with Section 23.24.370 (A) of the Municipal Code, no grading permit shall be
issued for work occurring between October I st of any year and April 15th of the following
year, unless the plans for such work include details of protective measures, including
desilting basins or other temporary drainage or control measures, or both, as may be deemed
necessary by the field inspector to protect the adjoining public and private property from
damage by erosion, flooding, or the deposition of mud or debris which may originate from
the site or result from such grading operations.
ED1 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.
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ES 1 Street Conditions
ES5 Prior to any work being performed in the public right-of-way, a right-of-way construction
permit shall be obtained from the Engineering Services Director and appropriate fees paid,
in addition to any other permits required.
ES6 In accordance with Chapter 23.36 of the Municipal Code, the owner shall execute and
record a covenant with the County Recorder agreeing not to oppose the formation of an
assessment district to fund the installation of right-of-way improvements.
ES7 In accordance with Chapter 23.36 of the Municipal Code, the owner shan 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.
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., SBC/Pacific Ben, and
other applicable authorities.
EU4 All proposed utilities within the project shall be installed underground including existing
utilities unless exempt by the Municipal Code.
ESWI Storm Water Pollntion 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. 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 an roof drains shall discharge
onto grass and landscape areas prior to collection and discharge onto the street and/or into
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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.
WI WATER DISTICT CONDITIONS:
CONTACT THE SAN DlEGUlTO WATER DISTRICT REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITION(S):
WDI The subject properties are currently being served by three 5/8" water meter and one I"
water meter. The current owner may apply capacity credit toward the subject property.
Upon development, each parcel will be required to be individually metered. Prior to map
recordation, the owner is required to provide the District with a written statement
indicating which lots will receive capacity credits.
WD2 A hydraulic analysis will be required for the proposed subdivision. The results of the
analysis will dictate the approved design of the water system.
WD3 The developer shall install the water system according to Water Agencies' Standards and
Specifications (WAS), and dedicate to the District the portion of the water system which
is to be public.
WD4 The developer will be required to enter into a secured agreement with the District prior to
map recordation.
WD5 The developer will dedicate to the district all necessary easements for that portion of the
water system which is to be public water.
WD6 The district will require that water meters be located in front of the parcel they are
serving and outside of any existing or proposed travel way. Cost of relocation is the
responsibility of the developer.
WD7 The developer will be required to show all existing and proposed water facilities on
improvement or grading plans for District Approval.
WD9 The developer is required to comply with the District's fees, charges, rules and
regulations.
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