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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") g:\Resolutions\RPC 06-226 TPM - 1 - 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: -~~----::;:?~ ~~ ~..-'. ~...., . ,;"~ ~ PPatrick Murphy Secretary NOTE: This action is subject to Chapter 1.04 of the Municipal Code, which specifies time limits for legal challenges. g:\Resolutions\RPC 06-226 TPM - 2 - 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. g:\Resolutions\RPC 06-226 TPM - 3 - 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 g:\Resolutions\RPC 06-226 TPM - 4 - 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. g:\Resolutions\RPC 06-226 TPM - 5 - 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. g:\Resolutions\RPC 06-226 TPM - 6 - 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. g:\Resolutions\RPC 06-226 TPM - 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 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. g:\Resolutions\RPC 06-226 TPM - 8 - 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. g:\Resolutions\RPC 06-226 TPM - 9 - FINDINGS FOR A COASTAL DEVELOPMENT PERMIT STANDARD: Section 30.80.090 of the Municipal Code provides that the authorized agency must make the following 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. g:\Resolutions\RPC 06-226 TPM - 10 - 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. I I. I I I i. g:\Resolutions\RPC 06-226 TPM - 11 - 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 g:\Resolutions\RPC 06-226 TPM - 12 - 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. " g:\Resolutions\RPC 06-226 TPM - 13 - 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. ' g:\Resolutions\RPC 06-226 TPM - 14 - 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. g:\Resolutions\RPC 06-226 TPM - 15 - 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. I I I 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. g:\Resolutions\RPC 06-226 TPM - 16 - 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. g:\Resolutions\RPC 06-226 TPM - 17 - 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 g:\Resolutions\RPC 06-226 TPM - 18 - 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. g:\Resolutions\RPC 06-226 TPM - 19 -