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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: G:\Resolutions\rpcOS-On.final reso -1- (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. G:\Resolutions\qJc05-072.draft reso - 2- 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. G:\Resolutionslrpc05-0n.draft reso - 3 - 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 G:\Resolulionslrpc05-0n.drafI reso -4- 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 G:\Resolutionslrpc05-0n.draft reso - 5 - 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 G:\ResolutionslrpcOS-On.draft reso - 6- 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. G:\Resolutionslrpc05-0n.draft reso -7 - 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 G:\Resolutions\qJcos-on.draft reso - 8 - 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 G:\Resolutionslrpc05-0n.draft reso - 9- 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. G:\ResolutionslrpcOS-On.draft reso -10 - 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. G:\ResolutionslrpcOS-On.draft reso -11- 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. G:\Reso1utionslrpc05-0n.draft reso - 12- 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. G:\Resolutionslrpc05-0n.draft reso - \3- 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. G:\ResolutionslrpcOS-072.drafl reso -14 - 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. G:\Resolutionslrpc05-0n.draft reso - 15 - 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. G:\Resolutions\rpc05-0n.draft reso -16 - 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.. G:\ResolutionslrpcOS-On.drafl reso -17 - 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 G:\ResolutionslrpcOS-On.draft reso - 18 - 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. G:\Resolutionslrpc05-0n.draft reso -]9 - 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. G:\ResolutionslrpcOS-On.draft reso - 20- 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. G:\Resolutionslrpc05-072.draft reso . - 21 - 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 G:\ResoJutions\rpc05-0n,draft reso - 22- 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. G:\Resolutionslrpc05-0n.draft reso - 23 -