2007-28
RESOLUTION NO. PC 2007-28
A RESOLUTION OF THE CITY OF ENCINITAS PLANNING COMMISSION
APPROVING A TENTATIVE PARCEL MAP, DESIGN REVIEW PERMIT, AND
COAST AL DEVELOPMENT PERMIT TO SUBDIVIDE A 1.39 GROSS- ACRE LOT
INTO TWO (2) PARCELS FOR THE PROPERTY LOCATED AT 585 CAMINO EL
DORADO AND LOCATED WITHIN THE RR-2 ZONE, THE HILLSIDE INLAND
BLUFF OVERLAY ZONE, AND THE CITY'S COASTAL ZONE
(CASE NO. 06-226 TPM/DR/CDP; APN: 258-141-14)
WHEREAS, . a request for consideration of a Tentative Parcel Map, Design Review
Permit, and Coastal Development Permit was filed by Walt Gregory to for the subdivision of a
1.39 gross-acres lot into two (2) parcels, preservation of certain on-site slope areas, and
development within the Coastal Zone under the provisions of Section 66474 of the California
Government Code and Chapter 23.08 (Design Review), Chapter 30.34.030 (Hillside Inland Bluff
Overlay zone), and Chapter 30.80 (Coastal Development Permit) of the Encinitas Municipal
Code for the property legally described as:
(SEE ATTACHMENT "A")
WHEREAS, the Planning Commission conducted a noticed public hearing on the
application on October 4, 2007, at which time all those desiring to be heard were heard; and
WHEREAS, the Planning Commission considered, without limitation:
1. The October 4, 2007 agenda report to the Planning Commission with attachments;
2. The General Plan, Local Coastal Program, Municipal Code and associated Land
Use Maps as applicable;
3. Oral evidence submitted at the hearing;
4. Written evidence submitted at the hearing;
5. Project drawings consisting of a Tentative Parcel Map and a Slope Encroachment
Exhibit, stamped received by the City on June 6, 2007, and
WHEREAS, the Planning Commission made the following findings pursuant to Section
66474 of the California Government Code and Chapters 23.08 (Design Review) and 30.80
(Coastal Development Permit) of the Encinitas Municipal Code:
(SEE ATTACHMENT liB ")
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City
of Encinitas hereby approves Case No. 06-226 TPM/DR/CDP subject to the following
conditions:
(SEE ATTACHMENT "C")
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BE IT FURTHER RESOLVED that the Planning Commission, in its independent
judgment, has determined the project is exempt from environmental review pilrsuant to Section
15315 of the California Quality Act (CEQA) Guidelines, which exempts minor land divisions
into four (4) or fewer lots for property zoned for residential land use.
P:ASSED AND ADOPTED this 4th day of October, 2007, by the following vote, to wit:
AYES: Chapo, Felker, McCabe, Steyaert, Van Slyke
NAYS: none
ABSENT: none
ABSTAIN: none
ATTEST:
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PPatrick 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 2007-28
Case No. 06-226 TPM/DR/CDP
LEGAL DESCRIPTION
All that portion of the southeast quarter of the northeast quarter of Section 15, Township 13
South, Range 4 West, San Bernardino Meridian, in the City of Encinitas, County of San Diego,
State of California, and as is more particularly described in the deed recorded as Document No.
2003-1221240 of official records.
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ATTACHMENT "B"
Resolution No. PC 2007-28
Case No. 06-226 TPM/DR/CDP
FINDINGS FOR A TENTATIVE PARCEL 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 application requests the subdivision of a 1.39-arce (gross) lot into two (2)
parcels consisting of 26,443 square feet and 26,524 square feet of net area each (Parcell
and Parcel 2 respectively). By way of zoning designation, the property is subject to the
development standards for the RR-2 zone. An existing single-family residence at the site
will be retained on Parcel I and an existing accessory dwelling unit will be removed from
the site. A building envelope for identifying the limitations of future development upon
Parcel 2 is delineated on the Tentative Parcel Map. The project site is subject to the
development regulations for the Special Study Overlay Zone for Hillside/Inland Bluffs
(HIBO). No grading is proposed in conjunction with the subdivision and any future
development of the subdivision would be subject to the City's Design Review Permit
requirements as may be applicable at that time.
Discussion: The net acreage of the subdivision (1.22 acres) results in a density of 2.01
dwelling units and conforms to the applicable density limitation of two (2) dwelling units
for the RR-2 zone. The proposed dimensions and net areas of the subdivided parcels
conform to the applicable development standards for the RR-2 zone. The subdivision
project proposes no qualifying encroachment into the onsite slopes areas having slope
grades greater than 25% and which are required to be conserved with only limited
encroachment allowances under the HIBO regulations. The subdivision is conditioned
such that the on-site slopes areas having slopes grades greater than 25% will be
conserved through a dedication of an open space easement covering all of the slope areas
of concern and prohibiting any form of future development within the easement area.
Conclusion: The Planning Commission finds that the proposed Tentative Parcel Map
subdivision is consistent with the General Plan.
b. That the design or improvement of the proposed subdivision is not consistent with
applicable general and specific plans.
Facts: The net acreage for the proposed subdivision, the resultant density, the net lot area
specifications for the subdivided parcels, and the project's conformance with the
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applicable development standards are referenced above. The scope of the project's
conditioned improvements includes frontage improvements and a right-of-way
dedication.
Discussion: As referenced above, the design of the subdivision conforms to the
applicable development standards. The conditioned street frontage improvements and
right-of-way dedication will formalize a 30-foot half-section right-of-way for Camino El
Dorado across the property frontage, and will result in 9-foot widening of the half-width
street travel section for a total half-width of 21 feet, the construction of new curb, and the
conversion of certain overhead utility lines to an underground system.
Conclusion: The Planning Commission finds that the design and improvement of the
proposed Tentative Map are consistent with the General Plan and the Municipal Code.
c. That the site is not physically suitable for the type of development.
Facts: In accordance with the applicable provisions of the Municipal Code, the proposed
subdivision includes a gross area reduction for right-of-way dedication and 50% of the
slope area for the on-site slopes having slope grades greater than 25% and up to 40%. In
addition, the conditioned requirements for the subdivision include an easement
conservation of all of the slope areas having a slope of greater than 25%. In addition, the
proposed subdivision includes delineation for the limitations of future development upon
Parcel 2 and resultant from the City Fire Department's requirements for fire fuel
mitigation relative to the native vegetation that would be conserved within the open space
easement.
Discussion: Despite the incorporation of the above referenced net area reductions and
fire fuel mitigation measures into the subdivision design, the proposed subdivision
conforms to the applicable zoning development standards pertaining to net lot area and
minimum lot dimensions for the subdivided parcels.
Conclusion: The Planning Commission finds that the site is physically suitable for the
Tentative Map and future development of single- family dwellings.
d. That the site is not physically suitable for the proposed density of development.
Facts and Discussion: In accordance with the applicable provisions of the Municipal
Code, the proposed subdivision includes a gross area reduction for right-of-way
dedication and 50% of the slope area for the on-site slopes having slope grades greater
than 25% and up to 40%. The net deduction of these areas from the gross acreage of the
subdivision area results in a net acreage of 1.22 acres and the project's resultant density
of 2.01 dwelling units conforms to the applicable density limitation of two (2) dwelling
units for the RR-2 zone.
Conclusion: The Planning Commission finds that the site is physically suitable for the
proposed density of development.
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e. That the design of the subdivision or the proposed improvements is likely to cause
substantial environmental damage or substantially or avoidably injure fish or wildlife or
their habitat.
Facts: The project qualifies for an exemption from environmental review under the
provisions of Sections 15315 of the California Environmental Quality Act (CEQA)
Guidelines, which exempts certain divisions of land into four (4) or fewer lots and in
conformance with the local General Plan and zoning regulations. In accordance with the
HIBO development regulations, the project is conditioned for the conservation of the on-
site slopes areas having slope grades greater than 25% through the dedication of an open
space easement covering all of the slope areas of concern and prohibiting any form of
future development within the easement area. Additional conditions of approval require
that surface drainage flows from future development are directed to the fronting street
and not the slope areas of concern.
Discussion: The categorical exemption from CEQA review and the specific conditions of
approval for the subdivision as referenced above are evidentiary and sufficient to ensure
the project would have no significant impact to the environment or any natural resources.
Conclusion: The Planning Commission finds that the subdivision and proposed
improvements are not likely to cause substantial environmental damage or substantially
injure fish, wildlife, or their habitat.
f. That the design of the subdivision or the type of improvements is likely to cause serious
public health problems.
Facts: All applicable services and utilities are in place to adequately serve the proposed
Tentative Map. No information has been identified which would suggest that any public
health problems would result from the project.
Discussion: No evidence has been submitted to indicate that the proposed subdivision or
related improvements would cause a serious public health problem.
Conclusion: The Planning Commission finds that the design of the subdivision can be
adequately serviced with necessary utilities and the project will not cause any 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 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.
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Facts: All easements of record are identified on the proposed Tentative Parcel Map. In
accordance with the ,applicable HIBO zone regulations, the subdivision is conditioned
such that the on-site slopes areas having slopes grades greater than 25% will be
conserved through a dedication of an open space easement covering all of the slope areas
of concern and prohibiting any form of future development within the easement area.
Discussion: The project as designed and conditioned would not result in any loss of
existing public privileges across or through the subject property. A conservation of
additional' areas serving environmental resource purposes and the public good will be
acquired in conjunction with this project.
Conclusion: The Planning Commission finds that the proposed subdivision will not
conflict with easements, acquired by the public at large, for access through or use of,
property within the proposed 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 subdivision is subject to a Design Review under an application of
the provisions of Section 30.34.030 of the Municipal Code and the applicable
development standards for development within the Special Study Overlay Zone for
Hillside/Inland Bluffs (HIBO). In this particular case, a consideration for the approval of
a Design Review Permit is limited to the provisions of Section 30.34.030.B.5 and the
proposal for the construction of a 6- foot. tall fire fuel mitigation wall in conjunction with
future development upon Parcel 2 of the associated Tentative Parcel Map. The subject
wall must be considered for its conformity with the HIBO development standards
pertaining to qualifying accessory structures within 25 feet of the edge of an inland bluff.
Discussion: The provisions of Section 30.34.030.B.5 of the HIBO development standards
allow certain minor accessory structures to be erected within 25 feet of the edge of an
inland bluff, provided a minimum 5- foot setback to the edge of a bluff is maintained.
"Minor accessory structures and improvements" include structures not otherwise
requiring a building permit or a grading permit. Under these limitations, the subject 6-
foot tall fire fuel buffer wall would qualify as a minor accessory structure and is proposed
to be constructed not less than 5 feet from the edge of the neighboring steep slope area.
The conclusions of a focused geotechnical study of slope stability for the subject wall
include certain construction and inspection requirements to ensure that the soil stability of
the neighboring slope area is not caused to fail. The subject wall is conditioned to be
constructed with the construction of the first dwelling upon Parcel 2 of the associated
Tentative Parcel Map and in accordance with the specific geotechnical requirements.
Conclusion: The Planning Commission finds that the project design is consistent with
the General Plan and the provisions of the Municipal Code.
b. The project design is substantially inconsistent with the Design Guidelines.
Facts and Discussion: Apart from the aforementioned wall, the proposed project
warrants no other consideration for a Design Review Permit. There is no grading and no
other forms of development proposed with the subdivision. Certain on-site and off-site
improvements have been made conditions of approval for the subdivision. The project is
conditioned for the acquisition of any necessary Design Review Permits that may be
necessary pursuant to the development regulations in effect at the time that of any future
applications for building permits.
Conclusion: The Planning Commission finds that the project is substantially consistent
with the Design Guidelines.
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c. The project would adversely affect the health, safety, or general' welfare of the
community.
Facts: The project qualifies for an exemption from environmental review under the
provisions of Sections 15315 of the California Environmental Quality Act (CEQA)
Guidelines, which exempts certain divisions of land into four (4) or fewer lots and in
conformance with the local General Plan and zoning regulations. In accordance with the
HIBO development regulations, the project is conditioned for the conservation of the on-
site slopes areas having slope grades greater than 25% through the dedication of an open
space easement covering all of the slope areas of concern and prohibiting any form of
future development within the easement area.
Discussion: The project is exempt from the requirements of CEQA and no adverse
impact to the environment is anticipated. The categorical exemption from CEQA review
and the specific conditions of approval for the subdivision as referenced above are
evidentiary and sufficient to ensure the project would have no significant impact to the
environment or any natural resources. No evidence has been submitted or discovered that
would suggest that the proposed project would adversely affect the surrounding
neighborhood or community.
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 and Discussion: No evidence has been submitted or discovered that would suggest
that the proposed project would cause any material depreciation in appearance or value of
the surrounding neighborhood.
Conclusion: The Planning Commission finds that the project will not cause the
surrounding neighborhood to depreciate materially in appearance or value.
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FINDINGS FOR A COASTAL DEVELOPMENT PERMIT
STANDARD: Section 30.80.090 of the Municipal Code provides that the authorized
agency must make the following findings of fact, based upon the information presented in
the application and during the Public Hearing, in order to approve a coastal development
permit:
1. The project is consistent with the certified Local Coastal Program of the City of
Encinitas; and
2. The proposed development conforms with Public Resources Code Section 21000 and
following (CEQA) in that there are no feasible mitigation measures or feasible
alternatives available which would substantially lessen any significant adverse impact
that the activity may have on the environment; and
3. For projects involving development between the sea or other body of water and the
nearest public road, approval shall include a specific finding that such development is in
conformity with the public access and public recreation policies of Section 30200 et. seq.
of the Coastal Act.
Facts: The application proposes a subdivision of a 1.39-arce (gross) lot into two (2)
parcels and conforming to application density limitations and development standards of
the General Plan Municipal Code for the City of Encinitas. The property is subject to the
development standards for the RR-2 zone. The project site is subject to the development
regulations for the Special Study Overlay Zone for Hillside/Inland Bluffs (HIBO). The
proposed subdivision project may be approved for development within the subject RR-2
zone, in accordance with the provisions of in Section 65451 of the Subdivision Map Act
and Chapter 23.08 (Design Review) and Chapter 30.80 (Coastal Development Permit) of
the City's Municipal Code. The project qualifies for an exemption from environmental
review under the provisions of Sections 15315 of the California Environmental Quality
Act (CEQA) Guidelines, which exempts certain divisions of land into four (4) or fewer
lots and in conformance with the local General Plan and zoning regulations. In
accordance with the applicable Hillside Inland Bluff Overlay zone (HIBO) development
regulations, the project is conditioned for the conservation of the on-site slope areas
having slope grades greater than 25% through the dedication of an open space easement
covering all of the slope areas of concern and prohibiting any form of future development
within the easement area. The project site is not located between the sea or other body
within the Coastal Zone and the nearest public road.
Discussion: With approval of the Tentative Parcel Map, Design Review Permit, and
Coastal Development Permit the project would conform to the development regulations
of the City's Municipal Code and applicable General Plan policies as the implementing
regulations of the City's certified Local Coastal Program. Accordingly, the project would
be consistent with the Local Coastal Program.
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Conclusion: The Planning Commission finds that 1) the project is consistent with the
certified Local Coastal Program of the City of Encinitas; 2) the project is exempt from
environmental review and the need for any mitigation measures for any potentially
significant environmental impacts measures is not applicable in this case; and 3) Finding
No.3 is not applicable since the project site 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 2007-28
Case No. 06-226 TPM/DR/CDP
Applicant:
Location:
Walt Gregory
685 Camino El Dorado (APN: 258-141-14)
SCl SPECIFIC CONDITIONS:
SC4 Approval of the Tentative Parcel Map, Design Review Permit, and Coastal Development
Permit and all associated permits will expire on October 4, 2009 at 5 :00 pm, two 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 project application and the
application drawings, stamped received by the City on June 6, 2007, consisting of a
Tentative Parcel Map and a Slope Encroachment Exhibit. These materials are indicated
as approved by the Planning Commission on October 4, 2007 and these shall not be
altered without expressed authorization by the Planning and Building Department.
SCA The developer shall be responsible for the construction of street improvements consistent
with Assessment District 93-1 and City of Encinitas Drawing 0006-SI. The
improvements include pavement widening for 21 feet of pavement from construction
centerline and a standard curb and gutter. The minimum pavement section depths shall
designed and constructed the satisfaction of the City Engineer and shall consist of 4
inches AC over 6 inches of Class II base. Any necessary offsite transition to the adjacent
improvements shall be constructed to the satisfaction of the City Engineer.
SCB As shown on the Tentative Parcel Map, the developer shall provide a sewer lateral to
service each parcel. The septic system shall be removed to the satisfaction of the City
Engineer.
SCC As part of the scope of improvements associated with the first construction permit
pursuant to this subdivision, the developer shall be responsible to convert the overhead
utilities along the project frontage to an underground system as indicated on the Tentative
Parcel Map. In addition, the developer shall provide any necessary offsite transition to
the adjacent overhead utilities to the satisfaction of the City Engineer.
SCD No runoff shall be allowed to discharge over the slope areas along the easterly portion of
the subdivision. Prior to issuance of any grading permit or any building permit, the
grading plan or building permit site plan shall demonstrate that the site drainage
associated with development is directed from the property to Camino El Dorado.
SCE Prior to the approval of the Parcel Map, the subdivider shall dedicate to the City an open
space easement for the preservation steep slopes and sensitive native vegetation. The
open space easement shall be maintained privately, shall be recorded as a document
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instrument, and said recorded instrument shall be referenced on the Parcel Map submitted
for approval. The open space easement shall cover the entire steep slope areas shown on
the Slope Encroachment Exhibit approved with the Tentative Parcel Map (Case No. 06-
226 TPM/DR/CDP). The open space easement shall specify restrictions against any
development within the steep slope preservation area, with the exception of hand thinning
of non-native vegetation within the easement area as may be required by the City Fire
Marshal prior to the issuance of a building permit for development upon Parcel 2 of the
Tentative Parcel Map or any additional future hand thinning of non-native vegetation
within any portion of the open space easement as may be required by the Fire Marshal.
The restrictions and limitations of land use within the required open space easement shall
not supersede and shall only supplement the land use restrictions stipulated with the
earlier recorded Open Space Deed Restriction affecting the subject property and recorded
in the County of San Diego, August 2,1994, as Document No. 1994-0474881 of Official
Records.
SCF The 50-foot limited brush management area and the 50-foot fuel buffer area as indicated
on the approved Tentative Parcel Map shall be maintained in perpetuity by the property
owner(s) and any successors in property ownership. However, any redevelopment or
replacement of the as-built dwelling unit shown on Parcel 1 of the approved Tentative
Parcel Map may result in the determination of new fire fuel buffer and/or fire brush
management requirements for that Parcel at that time.
SCG The 6-foot tall fire fuel buffer wall for Parcel 2 as shown on the approved Tentative
Parcel Map shall be constructed with the first residential dwelling unit upon Parcel 2.
Plans submitted for the issuance of a' building permit for the construction of the first
residential dwelling unit upon Parcel 2 shall include the following information for the
construction of the fire fuel buffer wall, and the buffer wall shall also be subject to the
following inspection requirements:
1. The name, address, and phone number of the project geotechnical consultant and a
list of the project geotechnical reports shall be printed on the plans submitted for
building and/or grading permits.
2. In accordance with the conclusions of the project geotechnical investigation for Case
No. 06-226 TPM/DR/CDP, the face of the fire fuel buffer wall shall be set back a
minimum of 5 feet from the crest of the adjacent slope area.
3. The foundation plans and foundation details shall clearly depict the embedment
material and minimum depth of embedment for the foundations.
4. The following note must appear on all the foundation plans: "All foundation
excavations must be observed and approved by the Project Geotechnical Consultant
prior to placement of reinforcing steel. "
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5. The final grading, drainage, and foundation plans should be reviewed, signed and wet
stamped by the project geotechnical consultants.
6. An "as-built report prepared by the consultant must be submitted to the City for
review. The report must include the results of all compaction tests as well as a map
depicting the limits of over-excavation, observed geologic conditions, locations of all
density tests, locations and all removal bottoms, and the location and elevation of all
retaining wall back drains and outlets.
Gl STANDARD CONDITIONS:
CONTACT THE PLANNING AND BUILDING DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITION(S):
Ml This approval may be appealed to the City Council within 10 calendar days from the date of
this approval pursuant to Chapter 1.12 ofthe Municipal Code.
G4 Prior to recordation of the Parcel Map initiating use in reliance on this permit, the owner
shall cause a covenant regarding real property to be recorded. Said covenant shall set
forth the terms and conditions of this grant of approval and shall be ofa form and content
satisfactory to the Planning and Building Director. The Owner(s) agree, in acceptance of
the conditions of this approval, to waive any claims of liability against the City and
agrees to indemnify, hold harmless and defend the City and City's employees relative to
the action to approve the project.
G5 Approval of this request shall not waive compliance with any sections of the Municipal
Code and all other applicable City regulations in effect at the time of Building Permit
issuance unless specifically waived herein.
G12 Prior to any use of the project site pursuant to this permit, all conditions of approval
contained herein shall be completed or secured to the satisfaction of the Planning and
Building Department.
G 13 The applicant shall pay development fees at the established rate. Such fees may include,
but not be limited to: Permit and Plan Checking Fees, Water and Sewer Service Fees,
School Fees, Traffic Mitigation Fees, Flood Control Mitigation Fees, Park Mitigation
Fees, and Fire Mitigation/Cost Recovery Fees. Arrangements to pay these fees shall be
made prior to Parcel Map approval issuance to the satisfaction of the Planning and
Building and Engineering Services Departments. The applicant is advised to contact the
Planning and Building Department regarding Park Mitigation Fees, the Engineering
Services Department regarding Flood Control and Traffic Fees, applicable School
District(s) regarding School Fees, the Fire Department regarding Fire Mitigation/Cost
Recovery Fees, and the applicable Utility Departments or Districts regarding Water
and/or Sewer Fees. '
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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.
L4(a) All landscaping, fences, walls, etc. on the site, in any adjoining public parkways (the area
between the front property line and the street) shall be permanently maintained by the
owner, assigns or any successors in interest in the property. The maintenance program
shall include normal care and irrigation of the landscaping; repair and replacement of
plant materials and irrigation systems as necessary; and general cleanup of the landscaped
and open areas, parking lots and walkways, walls, fences, etc. Failure to ~aintain
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.
DRl Any future modifications to the approved project will be reviewed relative to the findings
for substantial conformance with a design review permit contained in Section 23.08.140
of the Municipal Code. Modifications beyond the scope described therein may require
submittal of an amendment to the design review permit and approval by the authorized
agency.
M2 All project grading shall conform to the approved Tentative Map. In cases where no
grading is proposed at the time of the Tentative Map, or in cases where the grading plan
later submitted is not consistent with the approved Tentative Map, the applicant shall be
required to obtain a design review permit for grading prior to issuance of grading permits.
M4 The property owner/developer shall obtain design review permits through the City for
homes to be constructed on the lots resulting from the approved map, as well as all related
site improvements. If the property owner/developer elects to develop the lots resulting from
the approved final map as custom homesites, the design review permit requirement may be
waived by the Planning and Building Department pursuant to Section 23.08.030 (7) of the
Municipal Code. The property owner/developer is advised to contact the Planning and
Building Department at such time as development of the subject property is planned to
determine whether a design review permit will be required. A standard covenant specifying
this condition shall be recorded in the Office of the County Recorder to give constructive
notice to future purchasers ofthe site.
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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Bl BUILDING CONDITION(S):
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 planes), section details, exterior elevations, and materials specifications.
Submitted plans must show compliance with the latest adopted editions of the California
Building Code (The Uniform Building Code with California Amendments, the California
Mechanical, Electrical and Plumbing Codes). These comments are preliminary only. A
comprehensive plancheck will be completed prior to permit issuance and additional
technical code requirements may be identified and changes to the originally submitted
plans may be required.
Fl FIRE CONDITIONS:
CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE WITH
THE FOLLOWING CONDITION(S):
F2 ACCESS ROADWAY DIMENSIONS: Fire apparatus access roadways shall have an
unobstructed paved width of not less than 24 feet, curb line to curb line, or edge of
pavement to edge of pavement where no curbs are proposed, and an unobstructed vertical
clearance of not less than 13 feet 6 inches. Access roads shall be designed and
maintained to support the imposed loads of fire apparatus. Minimum design load is
65,000 Ibs. EXCEPTION: Access to one (1) single family residence shall not be less
than 16 feet of paved width, curb line to curb line, or edge of pavement to edge of
pavement where no curbs are proposed.
F6
GATES: All gates or other structures or devices, which could obstruct fire access
roadways or otherwise hinder emergency operations, are prohibited unless they meet
standards approved by the Fire Department. All automatic gates across fire access
roadways shall be equipped with approved emergency key operated switches overriding
all command functions and opening the gate(s). Gates accessing four (4) or more
residences or residential lots, or gates accessing hazardous, institutional, educational, or
assembly occupancy group structures shall also be equipped with approved emergency
traffic control activating strobe light sensor(s) which will activate the gate on the
approach of emergency apparatus. All automatic gates must meet Fire Department
requirements for rapid, reliable access.
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F12 FUEL MODIFICATION ZONES/FIRE BREAKS: The applicant shall provide and
maintain fire/fuel breaks to the satisfaction of the Encinitas Fire Department. Fire/fuel
breaks size and composition shall be determined by the Fire Department and shown on
the improvement/grading plans, final map, and building plans.
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F15A 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.
El ENGINEERING CONDITIONS:
CONTACT THE ENGINEERING SERVICES DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITION(S):
E2 All City Codes, regulations, and policies in effect at the time of building/grading permit
issuance shall apply.
EG 1 Gradinl! Conditions
EG3 The owner shall obtain a grading permit prior to the commencement of any clearing or
grading of the site.
EG4 The grading for this project is defmed in Chapter 23.24 of the Encinitas Municipal Code.
Grading shall be performed under the observation of a civil engineer whose responsibility it
shall be to coordinate site inspection and testing to ensure compliance of the work with the
approved grading plan, submit required reports to the Engineering Services Director and
verify compliance with Chapter 23.24 of the Encinitas Municipal Code.
EG5 No grading shall occur outside the limits of the project unless a letter of permission is
obtained from the owners of the affected properties.
EG6 Separate grading plans shall be submitted and approved and separate grading permits
issued for borrow or disposal sites if located within city limits.
EG7 All newly created slopes within this project shall be no steeper than 2: 1.
EG8 A soils/geological/hydraulic report (as applicable) shall be prepared by a qualified
engineer licensed by the State of California to perform such work. The report shall be
submitted with the first grading plan submittal and shall be approved prior to issuance of
any grading permit for the project.
EG9 Prior to hauling dirt or construction materials to any proposed construction site within this
project the owner shall submit to and receive approval from the Engineering Services
Director for the proposed haul route. The owner shall comply with all conditions and
requirements the Engineering Services Director may impose with regards to the hauling
operation.
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EGI0 In accordance with Section 23.24.370 (A) ofthe Municipal Code, no grading permit shall be
issued for work occurring between October 1 st of any year and April 15th of the following
year, unless the plans for such work include details of protective measures, including
de silting basins or other temporary drainage or control measures, or both, as maybe deemed
necessary by the field inspector to protect the adjoining public and private property from
damage by erosion, flooding, or the deposition of mud or debris which may originate from
the site or result from such grading operations.
EDl Draina2e 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 bf Encinitas Standards as required by the Engineering Services
Director.
EMl Map
EM5 Public/private improvement plans and grading plans shall be approved and adequate surety
shall be posted prior to a public hearing for approval ofthe final map.
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.
ESWl Storm Water Pollution Control Conditions
ESW2 Grading projects with a disturbed area of greater than 1 acre must also meet additional
requirements from the State Water Resources Control Board (SWRCB). Those
additional requirements include filing a Notice of Intent (NOI) and preparing a
Stormwater Pollution Prevention Plan (SWPPP) for review and approval by the City.
ESW3 Best Management Practice shall be utilized for storm water pollution control to the
satisfaction of the City Engineer. The surface run off shall be directed over grass and
landscaped areas prior to collection and discharge onto the street and/or into the public
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storm drain system. If pipes are used for area drainage, inlets shall be located to allow
maximum flow distance over grass and non-erodable landscape areas. A grass lined
ditch, reinforced with erosion control blanket, or a rip-rap lined drainage ditch shall be
used instead of a concrete ditch where feasible. Hardscaped areas and driveways shall be
sloped toward grassy and landscaped areas. Driveways with a grass- or gravel-lined
swale in the middle can be used if the site topography does not allow for the discharge of
driveway runoff over landscaped areas. The Grading Plan/ Tentative Map/ Permit
Site Plan shall identify all landscape areas designed for storm water pollution control
(SWPC). A note shall be placed on the plans indicating that the BMPs are to be privately
maintained and the facilities not modified or removed without a permit from the City.
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., AT&T, and other
applicable authorities.
EU4A The existing overhead utilities service to the property shall be undergrounded.
EU5 The owner shall be responsible for the relocation and undergrounding of existing public
utilities, as required.
WI WATER DISTICT CONDITIONS:
CONTACT THE SAN DIEGUITO WATER DISTRICT REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITION(S):
WDl The subject property is currently being served by a 5/8" water meter. The applicant shall
provide the District with a written statement indicating which address will retain existing
meter if separate water meters are required.
WD2 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.
WD3 The developer will be required to show all existing and proposed water facilities on
improvement or grading plans for District Approval.
WD4 The developer is required to comply with the District's fees, charges, rules and
regulations.
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