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2007-33 l,ffiSOLUTION NO. PC 2007-33 A RESOLUTION OF THE CITY OF ENCINITAS PLANNING COMMISSION APPROVING A TENTATIVE MAP, DESIGN REVIEW, AND COASTAL DEVELOPMENT PERMIT FOR THE SUBDIVISION OF THE 5.89-GROSS-ACRE SUBJECT PROPERTY INTO 18 RESIDENTIAL LOTS AND TWO (2) PRIVATE STREET LOTS, INCLUDING A DENSITY BONUS IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65915, FOR THE PROPERTY LOCATED AT 1150 MELBA ROAD (CASE NO. 06-005 TM/DR/CDP/EIA; APN: 259-180-19) WHEREAS, a request for consideration of a Tentative Map, Design Review, and Coastal Development Permit was filed by CESN Construction, Inc. to allow the subdivision of the subject 5.89-gross-acre property into 18 residential lots and 2 street lots, including a 25% density bonus for the provision of approximately 7% of the project as affordable housing for very-low income tenants, in accordance with Chapters 23.08 and 30.80 of the Encinitas Municipal Code and Sections 65915 and 66474 of the California Government Code, for the property located in the Residential 3 (R-3) zone and within the Coastal Zone, legally described as: THAT PORTION OF THE SOUTH ONE-HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 13 SOUTH, RANGE 4 WEST, OF THE SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE GOVERNMENT SURVEY THEREOF, APPROVED APRlL 19, 1881, AS MORE PARTICULARLY DESCRIBED IN THE QUITCLAIM DEED RECORDED AS DOClJMENT NO. 1999-0629597 IN THE OFFICE OF THE COlJNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 14, 1999. WHEREAS, the Planning Commission conducted a noticed public hearing on the application on December 6,2007, at which time all those desiring to be heard were heard; and WHEREAS, the Planning Commission considered, without limitation: 1. The December 6, 2007 agenda report to the Planning Commission with attachments; 2. The General Plan, Local Coa~tal Program, Municipal Code, and associated Land Use Maps; 3. Oral evidence submitted at the hearing; 4. Written evidence submitted at the hearing; 5. Project plans consisting of 4 sheets, including a two- (2) sheet Tentative Map dated received by the City of Encinitas on October 29, 2007 and Existing Utilities & Tree PBD\KK\\g:\Resolutions\rpc06-005.2007-33 - 1 - Exhibit and Landscape Concept Plan dated received by the City of Encinitas on July 18, 2007; and WHEREAS, the Planning Commission made the following findings pursuant to Chapters 23.08 and 30.80 of the Encinitas Municipal Code and Section 66474 of the California Government Code: (SEE ATTACHMENT "A") NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Encinitas hereby approves application Case No. 06-005 TMlDRlCDP/EIA subject to the following conditions: (SEE ATTACHMENT "B") BE IT FURTHER RESOLVED that the Planning Commission, in its independent judgment, has reviewed the Environmental Initial Study prepared for the project and has determined that with incorporation of the mitigation measures contained therein and made conditions of approval for the application herein, all project impacts will be reduced to levels of insignificance and the Mitigated Negative Declaration is hereby adopted in accordance with the provisions of the California Environmental Quality Act (CEQA). PASSED AND ADOPTED this 6th day of December, by the following vote, to wit: AYES: , Felker, McCabe, Steyaert, Van Slyke NAYS: Chapo ABSENT: None ABSTAIN: None /('./ ~lL/ / . i; f I I /. I ~ TO~ Mcqhbe, Chair ofthe P-lanning ~mmission of the City of Encinitas , ATT.EST:~. ~~~ ~ Ptftrick Murphy Secretary NOTE: This action is subject to Chapter 1.04 of the Municipal Code, which specifies time limits for legal challenges. PBD\KK\\g:\Resolutions\rpc06-005.2007-33 - 2 - ATTACHMENT "A" Resolution No. PC 2007- Case No. 06-005 TMlDR/CDPIEIA 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 ofthe Subdivision Map Act. Facts: The applicant proposes to subdivide the subject property into 18 single-family residential lots and two (2) private street lots. The proposed subdivision would include site grading and street improvements but the construction of homes is not proposed at this time. The proposed subdivision includes a request for density bonus in accordance with State density bonus law as per California Government Code Section 659.15. The subject property is located in the Residential 3 (R-3) zone, which allows densities of up to three (3) single- family residential lots per net acre. No specific plan is applicable to the subject property. Discussion: With approval of the density bonus request, the proposed subdivision is consistent with the General Plan. The proposed single-family residential use of the subject property conforms to the Residential 3 land use designation applicable to the subject property. According to the net acreage calculations provided for the project by the applicant, the 4.85-net-acre R-3 property yields a maximum allowed density of 14.55 units, which rounds down to 14 lots in accordance with the City's maximum density regulations. The applicant proposes one (1) affordable lot, approximately 7% of the proposed lots, to be reserved for very-low-income households for density bonus purposes. In accordance with the State density bonus law, this entitles the applicant to a density bonus of 25% and one (1) concession or incentive. The density bonus calculation for 14 lots plus a 25% bonus yields 17.5 lots, which rounds up to 18 lots in accordance with the State density bonus law. The 18 total lots would include the density bonus lot, an inclusionary lot as per Chapter 24.21 of the Municipal Code, and 16 market rate lots. Lot 15 will be reserved for the density bonus lot and Lot 14 will be reserved to meet the inclusionary housing requirement as per Chapter 24.21. The requested concession is a reduction in lot sizes with related reductions in setbacks and lot dimensions for several lots as shown on the Tentative Map. The overall proposed density for the project including the density bonus would be approximately 3.7 units per net acre. The applicant has provided discussion stating that reduction of lot area, dimensions, and setbacks will permit smaller lot sizes and unit areas to reduce affordable housing development costs, while allowing additional market units as per the State density bonus law, will allow the development of additional market rate housing to additionally offset costs of developing the density bonus affordable unit. PBD\KK\\g:\Resolutions\rpc06-005.2007-33- 3 - Conclusion: The Planning Commission finds that with the implementation of the conditions of approval of this resolution the proposed subdivision is consistent with the City of Encinitas General Plan. b. That the design or improvement of the proposed subdivision IS not consistent with applicable general and specific plans. Facts: The applicant proposes to subdivide the subject property into 18 single-family residential lots and two (2) private street lots. The project includes grading of the site to create the proposed building pads, frontage improvements to adjacent public streets, and private street improvements. Subdivision design standards are set forth in Chapter 24.12 of the Municipal Code and the development standards of the R-3 zone are applicable to the subject property. Typical minimum standards of the R-3 zone include a minimum lot area of 14,500 square feet, lot width of 80 feet, lot depth of 100 feet, front- and rear-yard building setbacks of 25 feet and side-yard building setbacks of ten (10) feet. The design recommendations of the City of Encinitas Design Guidelines are applicable to the project. In accordance with State density bonus law as per Section 65915 of the California Government Code, the applicant proposes reduction of lot areas and dimensions and building setbacks as identified on the tentative map as incentive to provide affordable housing in the project (see discussion above). All serVices and utilities are present to adequately serve the residential project. No specific plan is applicable to the subject property. Discussion: With approval of the density bonus request, the design of the proposed subdivision is consistent with the General Plan. The proposed public and private improvements related to the project, including but not limited to the private streets, drainage, and storm water facilities, have been reviewed by the Engineering Services and Fire Departments and, with the implementation of the conditions of approval of this resolution, have been found to comply with all applicable standards and regulations. Conclusion: The Planning Commission finds that with the implementation ofthe conditions of approval of this resolution the design of the proposed subdivision is consistent with the City of Encinitas General Plan. c. That the site is not physically suitable for the type of development. Facts: The applicant proposes to subdivide the subject property into 18 single-family residential lots and two (2) private street lots. The proposed subdivision would include site grading and street improvements but the construction of homes is not proposed at this time. Proposed grading would create building pads that step to conform to the existing topography. Proposed building pads would establish the elevation from which future building would be measured. Discussion: The residential. development of the subject property. will be consistent with neighboring residential development. The proposed grading will conform to the existing grade with balanced pads stepping up the slight slope of the property. The property slopes PBD\KK\\g:\Resolutions\rpc06-005.2007-33 - 4 - down gently from the northeast corner of the site to the west and south. The minimum grading necessary to accomplish proper drainage and usable, flat building areas is proposed. Primary view opportunities in. the. neighborhood are to the west toward the Pacific Ocean. Properties with view opportunities across the project site sit immediately adjacent to the subject property to the east and north sit at a slightly higher elevation than the subject property. Construction of future single-family residences in compliance with building height standards measured from the proposed building pads would be of similar impact to adjacent properties as would structures measured from the existing grade. . Each of the proposed lots provides ample room for future development of single-family residences, including adequate outdoor private space. Conclusion: The Planning Commission finds that with the implementation ofthe conditions of approval of this resolution the subject property is physically suitable for the type of development proposed. d. That the site is not physically suitable for the proposed density of development. Facts: The applicant proposes to subdivide the 4.85-net-acre subject property into 18 single- family residential lots and two (2) private street lots. The proposed subdivision would include site grading and street improvements but the construction of homes is not proposed at this time. The grading would include a small amount of exported materials and remedial work to collect and bury contaminated soils on the project site in accordance with the project's Workplan for Remedial Action andWorkplan Update for Remedial Action. The proposed subdivision includes a request for density bonus in accordance with State density bonus law as per California Government Code Section 65915. The subject property is located in the Residential 3 (R-3) zone, which allows densities of up to three (3) single- family residential lots per net acre. Discussion: The project as designed provides adequate parking and adequate pedestrian, vehicular and emergency access to the site and proposed grading is depicted on the tentative map. The proposed building pads can be accomplished with minor disturbance to the project site. Proposed grading is nearly balanced and will require only a small amount of export. The W orkplan and W orkplan Update for Remedial Action have been reviewed and accepted by the City's Engineering Services Department and the San Diego County Department of Environmental Health (DEH). The contaminated soils on the site will be properly buried on the site as shown on the tentative map and in accordance with DEH standards. According to the project traffic study, traffic from the proposed subdivision can be accommodated on surrounding streets within acceptable levels of service and without modification to the street system. All services and utilities are in place or can be extended to serve the subdivisions. Each of the proposed residential lots provide ample space for development of. single-family. residences in compliance with all applicable development standards. Conclusion: The Planning Commission finds that with the implementation of the conditions of approval of this resolution the subject property is physically suitable for the proposed density of development. PBD\KK\\g:\Resolutions\rpc06-005.2007-33 - 5 - 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: The applicant proposes to subdivide the 4.85-net-acre subject property into 18 single- family residential lots and two (2) private street lots. The proposed subdivision would include site grading and street improvements but the construction of homes is not proposed at this time. The subject property is developed with a commercial agricultural operation and is located in an urbanized .area. No natural or wild areas exist near the project site. The proposed subdivision includes grading, street improvements, and storm water treatment facilities. All services are available to serve the proposed project. An initial study was conducted for the project and a Mitigated Negative Declaration (MND) prepared. Discussion: The proposed grading, street improvements, and storm water facilities will be required to be constructed to City of Encinitas standards, including sediment and erosion control during project construction. The burial of contaminated soils on the site has been reviewed and accepted by the Engineering Services Department and the County Department of Environmental Health (DEH) and will be conducted in accordance with DEH standards. The MND for the proj ect includes mitigation measures regarding burial of the contaminated soils. The mitigation measures have been included as conditions of approval of this resolution. The implementation of mitigation measures for burial of the contaminated soils, standard construction practices and storm water treatment Best Management Practice (BMP) measures will ensure that project will not impact any wildlife, fish, or their habitat. Conclusion: The Planning Commission finds that the proposed subdivision is not likely to cause substantial environmental damage or substantially or avoidably injure fish or 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: The applicant has submitted service availability letters to indicate that the Water, Sewer, Fire and School agencies can provide adequate service and utilities to the project site. Discussion: No evidence has been subrnitted to indicate that the proposed subdivision or related improvements would cause a serious public health problem. Potential significant effects on human health are avoided with mitigation measures required for the disposition or remediation of on-:site soils. 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. PBD\KK\\g:\Resolutions\rpc06-005.2007-33 - 6 - 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. Facts: All easements of record are identified in the preliminary title report for the subject property and shown on the proposed tentative map. No conflicts with easements of record have been identified. Discussion: No evidence has been discovered or submitted to suggest that the subdivision would conflict with any easement for access through or use of the subject property. Conclusion: The Planning Commission finds that the proposed subdivision or type of improvements will not conflict with any easements for access through or use of the subject property. PBD\KK\\g:\Resolutions\rpc06-005.2007-33 ..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 applicant proposed the subdivision of the subject property into 18 single-family residential lots and two (2) private street lots. The subject Residential 3 (R-3) zone permits single-family residential development. The project includes grading and street improvement but home construction is not proposed at this time. The proposed subdivision includes a request for density bonus in accordance with State density bonus law as per California Government Code Section 65915., No specific plan is applicable to the subject property. Discussion: With approval of the density bonus request as discussed above under "Findings for a Tentative Map" the proposed design of the subdivision is consistent with the General Plan and the provision of the Municipal Code. The residential development of the subject property will be consistent with neighboring residential development. The proposed grading will conform to the existing grade with balanced pads stepping up the slight slope of the property. The minimum grading necessary to accomplish proper drainage and usable, flat building areas is proposed. Primary view opportunities in the neighborhood are to the west toward the Pacific Ocean. Properties with view opportunities across the project site sit immediately adjacent to the subject property to the east and north sit at a slightly higher elevation than the subject property. Each of the proposed lots provides ample room for future development of single- family residences, including adequate outdoor private space. Conclusion: The Planning Commission finds that,the proposed project design is consistent with the General Plan and provision ofthe MunicipalCode. b: The project design is substantially inconsistent with the Design Guidelines. Facts: The applicant proposed the subdivision ofthe subject property into 18 single-family residential lots and two (2) private street lots. The project includes grading and street improvement but home construction is not proposed at this time. Discussion: Project grading proposes building pads stepped to conform to the overall existing topography. Graded slopes and .proposed retaining. walls are relatively small. Slopes would be planted with a combination of shIUbs and groundcover and retaining walls would be textured-.and-coloLeQJQr-a~naturaLappearance.-Drainage~and--Stoml- w-atel" _ treatment measures are well designed and in conformance with applicable codes and would be colored similarly to the native soil on the site. The project is conditioned to require that future garage locations vary to avoid a street fayade of repetitive garage doors. Provision of one- (1) story homes on selected lots and varied lot configuration and PBD\KK\\g:\Resolutions\rpc06-0052ci07~33 - 8 . setback arrangement would help to preserve views from neighboring properties. The proj ect would have access to Balour Drive and Melba Road via the proposed private streets. Pedestrian walkways constructed of brushed, colored concrete would be provided on one side of each of the private streets and would connect to the City sidewalk system and would provide the opportunity for and encourage pedestrian activity. No gates are proposed for the private access roads. The proposed project entrances at the access points would feature enhanced paving. Standard curb, gutter, and sidewalk would be provided along the project's frontages on Balour Drive and Melba Road. The construction of homes is not proposed with this application. However, to comply with architectural siting guidelines, the project proposes that five (5) of the 18 lots be restricted to future construction of single story homes (Lots 3, 6, 8, 12, and 16) no more than 18 feet in height. Proposed lighting would be. consistent with typical lighting for single- family residences. All lighting would be required to comply with the residential lighting performance standards established by Section 30AO.OlOI of the Municipal Code. Proposed landscaping for the project includes street trees for public and private street frontages. Project entries would also be planted with shrubs and groundcover. Graded slopes would also be. planted with a combination of shrubs and groundcover. All landscaped areas would be watered by automatic irrigation systems. Yard areas would be planted by future homeowners. The proposed plantings provide a cohesive landscape theme for the project and appropriately screen proposed retaining walls and graded slopes. Conclusion: The Planning Commission finds that the proposed project is consistent with the Design Guidelines. c. The project would adversely affect the health, safety, or general welfare of the community. Facts: The applicant proposes to subdivide the subject 5.89-gross-acre property into 18 residential lots and two (2) private street lots. The surrounding neighborhood consists primarily of residential development. All necessary public facilities and services are in place to serve the project. The applicant has submitted letters of facility availability for the project from fire, sewer, water, and elementary and high school service providers. The project includes adequate storm water treatment facilities. Discussion: The site design of the proposed residential development is consistent with the subdivision design standards prescribed by the Municipal Code and complies with all applicable development standards of the subject R-3 zone. Single-family residential development is a permitted use in the subject zone. Because all public services and facilities are available and the project is located in a developed, residential area, and includes adequate storm-water treatment facilities, no adverse effects to the safety, health, and general welfare of the community are anticipated. The City conducted an environmental initial study which concluded that no significant environmental impacts would be associated with the project as proposed and conditioned. A Mitigated Negative Declaration is adopted with the adoption of this resolution of approval. Conclusion: The Planning Commission finds that the project would not adversely affect the public health, safety, or general welfare. PBD\KK\\g:\Resolutions\rpc06-005.2007-33 - 9 - d. The project would cause the surrounding neighborhood to depreciate materially m appearance or value. Facts: The applicant proposes to subdivide the subject 5.89-gross-acre property into 18 residential lots and two (2) private street lots. The surrounding neighborhood consists primarily of residential development. All necessary public facilities and services are in place to serve the project. The applicant has submitted letters of facility availability for the project from fire, sewer, water, and elementary and high school service providers. The project includes adequate storm water treatment facilities. Discussion: The project site is highly disturbed from the previous commercial agriculture use. Development of the site would transform the site into a residential development that is consistent with the Encinitas General Plan's residential designation of the property. The proposed development is consistent with the City's Design Guidelines as discussed above. Conclusion: The Planning Commission finds that the proposed project would not cause the surrounding neighborhood to depreciate materially in appearance or value. PBD\KK\\g:\Resolutions\rpc06-005.2007-33 - 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 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 21 000 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 applicant proposes to subdivide the subject property into 18 single-family residential lots and two (2) private street lots. The proposed subdivision would include site grading and street improvements but the construction of homes is not proposed at this time. The grading would include a small amount of exported materials and remedial work to collect and bury contaminated soils on the project site in accordance with the project's W orkplan for Remedial Action and W orkplan Update for Remedial Action. The proposed subdivision includes a request for density bonus in accordance with State density bonus law as per California Govern..111ent Code Section 65915. The subject property is located in the Residential 3 (R-3) zone, which allows densities of up to three (3) single-family residential lots per net acre. The surrounding neighborhood consists primarily of residential development. All necessary public facilities and services are in place to serve the project. The applicant has submitted letters of facility availability for the project from fire, sewer, water, and elementary and high school serviceproviders~ The project includes adequate storm water treatment facilities. No specific plan is applicable to the subject property. I Discussion: Related to fmding No.1, with the approval of the density bonus request and Design Review. the project complies with or is conditioned to comply with all applicable policies of the Local Coastal Program. Related to finding No.2, the City conducted an environmental initial study which concluded that no significant environmental impacts would be associated with the project as proposed and conditioned, including implementation of soil remediation measures. A Mitigated Negative Declaration is adopted with the adoption of this resolution of approval. Related to finding No.3, the project is not located b~tween the sea or other body of water and the nearest public road. Conclusion: The Planning Commission finds that 1) the project is consistent with the certified Local Coastal Program of the City of Encinitas; .2) no potentially significant adverse impacts to the environment will result due to implementation of mitigation PBD\KK\\g:\Resolutions\rpc06-005.2007-33 . - 11 - measures identified in the Final Negative Declaration adopted with this resolution and included as conditions of project approval; 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. PBD\KK\\g:\Resolutions\rpc06-005.2007-33 - 12 - I. ATTACHMENT "B" Resolution No. PC 2007- Case No. 06-005 TMlDR/CDPIEIA Applicant: Location: CESN Construction 1150 Melba Road (259-180-19) SCl SPECIFIC CONDITIONS: SC3 Approval of the Tentative Map and all associated permits will expire on December 6, 2010 at 5:00 p.m., three (3) years after the approval of this project, unless the conditions have been met or an extension oftime 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 four (4) sheets including two (2) sheets Tentative Map stamped received by the City on October 29, 2007 and Existing Utilities and Tree Exhibit and Landscape Plan stamped received by the City on July 18, 2007, all designated as approved by the Planning Commission on December 6, 2007, and shall not be altered without express authorization by the Planning and Building Department. SCA The following conditions shall be implemented to the specification of the Engineering Services Department: 1. As shown on the approved Tentative Map, the developer shall provide a drainage system along the portions of the easterly property boundary that receive runoff from the adjacent property. The drainage system shall be designed to intercept runoff from behind the proposed retaining wall and conduct it safely to Melba Road. 2. Overhead utilities exist along the northerly property boundary and along the property frontages to Balour Drive and Melba Road. The developer shall be responsible for undergrounding the existing overhead utilities along the property frontages to Balour Drive and Melba Road. Based upon the existing configuration of the existing overhead utilities, the Engineering Department may approve undergrounding on only one frontage, either Melba Road or Balour Drive, that is equal to or greater than the combined frontage to Melba Road and Balour Drive. 3. Contaminated soil shall not be buried beneath Private Streets A and B due to the potential conflict with the public utilities within that easement. 4. The developer shall provide concrete curb and gutter and standard sidewalk along the property frontages to Melba Road and Balour Drive. The developer shall provide any necessary transitions to the adjacent improvements to the satisfaction of the City Engineer. 5. All drawings submitted for Engineering permits are required to referencetheNA VD 88 datum; the NGVD 29 datum will not be accepted. PBD\KK\\g:\Resolutions\rpc06-005.2007-33 - 13 - 6. The developer shall provide standard streetlights at the intersections of Private Streets A and B with the public streets and at the end of each cul-de-sac. 7. Prior to issuance of any building permit for the project, the developer shall submit for Engineering review and approval a precise grading plan showing the building footprints, drainage, proposed paved and hard-surface areas, and proposed BMP treatment on each lot. Based upon the Engineer's preliminary hydrology study, no upgrade to the downstream inlet is proposed. If during the final review of project hydrology calculations show that the downstream inlet is inadequate, the developer shall be responsible for providing additional facilities to properly intercept the runoff. 8. The minimum pavement section for Private Streets A and B shall be four (4) inches AC over six (6) inches Class 2 Base, to the satisfaction of the City Engineer. 9. The developer shall provide standard cross gutters at the intersections of Private Streets A and B with Melba Road and Balour Drive, respectively. 10. As shown on the Tentative Map, the developer shall provide pavement widening along the property frontage to Melba Road to allow 18 feet from centerline to curb line. The minimum pavement section shall be four (4) inches AC over six (6) inches Class 2 Base, to the satisfaction of the City Engineer. The developer shall provide any necessary offsite transition and pavement overlay to the adjacent improvements. 11. The applicant shall provide information relating the proposed mechanism for the long-term maintenance of Private Streets A and B, drainage, and storm water pollution control facilities. If an I-IOA is not proposed for maintenance, then the developer shall hire a company to assume responsibility for the long-term maintenance of the facilities. Prior to issuance of a grading permit and prior to recordation of the Final Map, an agreement shall be put in place to ensure that an organization! individual will be responsible for the maintenance and the funding mechanism for future owners. SCB This approval authorizes the development of 18 single-family residential lots, Lots 1 through 18 and including the reservation of Lot 15 as an affordable unit for very low income tenants, in accordance with Section 65915 of the Calitbrnia Government Code. The incentive granted pursuant to the density bonus law shall be the reduction of lot area for all lots except Lot 9 and the related reduction of setbacks and lot dirrlensions as shown on the tentative map. A statement on the final map shall be provided and a covenant shall be recorded to that effect. 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 Final Map Recordation and/or Building Permit issuance unless specifically waived herein. SCC Prior to final map recordation, the applicant shall enter into a Density Bonusl Affordable Housing Agreement, to be provided by the City, which shall contain requirements for the design, phasing, construction, marketing, occupancy, and maintenance of the density bonus affordable unit on Lot 15. It shall also contain the household income restriction, the sales price restriction, and any other conditions to ensure long-term affordability. PBD\KK\\g:\Resolutions\rpc06-005.2007-3~ - 14 - a. If lots in the subdivision are marketed under a custom lot sale program, then the density bonus affordable unit must be constructed as the first unit in the subdivision. If the subdivision is subjected to design review and/or constructed by a single builder in one or more phases, then the density bonus affordable unit shall be constructed prior to construction of the ninth (9th) market rate unit. b. The density bonus affordable unit shall be a minimum of 1,500 square feet ofliving space with a minimum of three (3) bedrooms and two (2) baths; plus a two- (2) car garage. Based upon a significant reason, the affordable unit sizes may be reduced through approval of a Design Review Permit. c. The exterior appearance of the density bonus affordable unit shall be compatible with units in the subdivision and surrounding neighborhood. d. The interior appearance, finishes, and amenities of the density bonus affordable unit shall be comparable to new, affordable for-sale units in the community. Prior to issuance of the building permit, the developer shall submit sufficient information to the satisfaction of the Planning and Building Director to ensure that the quality of materials, floor coverings, cabinets, fixtures, appliances, doors, and windows is comparable to new, affordable, for-sale units in the community. e. The density bonus affordable unit shall be provided with adequate usable yard area comparable to the market rate units. SCD Prior to recordation of the final map, the applicant shall cause a covenant regarding real property to be recorded that will ensure the continued affordability of the affordable density bonus unit for a minimum of 30 years. Said covenant shall set forth certain other terms and conditions, such as the restricted sales price, household income qualification, owner occupancy requirement, and monitoring procedures for the density bonus affordable unit. Said covenant shall be of a form and content satisfactory to the Planning and Building Director and pursuant to California Government Code Section 65915, as amended. SCE The design, function, and maintenance of the storm water treatment swale shall not be a burden upon or cause visual impact to the density bonus and inclusionary affordable units. SCF The following conditions shall be completed and/or fulfilled to the satisfaction of the San Dieguito Water District (District): 1. The subject property is currently served by two (2), two- (2) inch water meters. Upon development, each parcel shall be individually metered. The owner may downsize the existing two- (2) inch meters and apply capacity credit toward the installation of new meters. Once a lot is sold, capacity credit cannot be transferred to that lot. All meters that will receive capacity credit must be paid for and installed at one time. Prior to map recordation, the owner is required to provide the District with a written statement indicating which lots will receive capacity credits. . PBD\KK\\g:\Resoluti0l1s\rpc06..005.2007-33 - 15 - 2. A hydraulic analysis shall be required for the proposed subdivision. The results of the analysis shall dictate the approved design of the water system. 3. The developer shall install the water. system according to District standards, and dedicate to the District the portion of the water system which is to be public. 4. . The developer shall enter into a secured agreement with the District prior to map recordation. 5. The developer shall dedicate to the District all necessary easements for that portion of the water system which is to be public water. No trees or permanent structures shall be allowed in District easements. 6. The District shall require that water meters be located in front of the parcel they are serving and outside of any existing or proposed traveled way. Cost of relocation is the responsibility ofthe developer. 7. The developer shall show all existing and proposed water facilities on improvement or grading plans for District approval. 8. The developer is required to comply with the District's fees, charges, rules, and regulations, including installation of anyon-site and/or off-site facilities. 9. District Ordinance No. 94-01 states that the use of potable water on landscaping areas may be deemed an unreasonable use where reclaimed water is feasibly available. This proj ect shall be required to utilize reclaimed water where feasible. The developer shall be required to install landscaping irrigation to reclaimed water standards in those areas to be served by reclaimed water. SCG The following mitigation measures identified in the Mitigated Negative Declaration for the project shall be implemented to the satisfaction of the Planning and Building Department: 1. Prior to 'grading permit issuance, the project applicant shall prepare a work plan to properly remediate on-site soils containing elevated levels of dieldrin exceeding federal and state standards. The work plan shall be reviewed and approved by the San Diego County Department of Environmental Health (DEH) through the V oluntary Assistance Program. A DEH concurrence letter on the work plan shall be submitted to the Engineering Services and Planning and Building Departments. The approved work plan shall be incorporated as part of the grading plan to the satisfaction ofDEH and the city's Engineering Services Department. In addition, the work plan shall include a monitoring program to be conducted by a qualified consultant during remediation activities to ensure the work plan requirements have been implemented and remediation complies with risk-based Federal EP A and California criteria for residential uses. 2. Prior to grading permit issuance, engineering controls contained in the "Health and Safety Plan, Ades and Gish Nurseries" (8/28/06) shall be incorporated on the grading PBD\KK\\g:\Resolutions\rpc06-005.2007-33 - 16- plan to the satisfaction of the Engineering Services and Planning and Building Departments. 3. Prior to building permit issuance and the release of bond for the grading permit, the project applicant shall prepare and submit a remediation summary report and closure request to the San Diego County DEH Voluntary Assistance Program and Encinitas Planning and Building Department for review and approval. The closure request shall be a stand-alone document that includes a site conceptual model (SCM). The closure request shall include the location of contaminants, excavated soil, and any on- site disposal of dieldrin-contaminated soil on cross-section and plan view figures. The closure request shall also include a discussion of remediation activities and any deviations from the approved work plan. 4. Prior to building permit issuance and therelease of bond for the grading permit, the project applicant shall submit a "Closure Letter" issued by the San Diego County DEH to the Planning and Building Department and Engineering Services Department. 5. Prior to Final Map approval, the Final Map shall be conditioned to ensure that Proposition 65 notification procedures would be implemented and closure request documentation would be provided to future property owners. SCH Automatic fire sprinkler systems meeting Fire Department standards shall be required as per Fire Department ordinance at the time of building permit issuance. SCI The driveway for Lot 9 shall not be less than 16 feet of paved width, curb line to curb line, or edge of pavement to edge of pavement if no curbs are proposed. SCJ All retaining walls shall be constructed of textured masonry block such as split-faced block. The wall material, including any exposed mortar or grout, shall be colored similarly to the natural soil on the site. These items shall be approved by the Planning and Building Department prior to the issuance of grading permits. SCK All proposed concrete drainage devices (catch basins, swales, etc.) shall be constructed of concrete colored similarly to the natural soil on the site. These items shall be approved by the Planning and Building Department prior to the issuance of grading permits. SCL As shown on the approved tentative map, decorative concrete paving shall be provided at project entries to Melba Road and Balour Drive. SCM As shown on the tentative map, sidewalks shall be constructed of colored, brushed concrete. Color for the sidewalks shall be of earth tones similar to the color of the natural soil on the proj ect site. The final color choice shall be reviewed and approved by the Planning and Building Department prior to approval of the grading plan. SCN As sho\\'ll on the tentative map, the future residences to be constructed on Lots 3, 6, 8, 12, and 16 shall be limited to one story and .18 feet in height. PBD\KK\\g:\Resolutions\rpc06-005.2007-33 - 17 - SCO The future placement of garages serving the future single-family residences on all proposed lots shall vary to avoid the appearance of repetitive garage doors, including but not limited to garages that are front..loaded, side-loaded, rear-loaded, and/or front-loaded with placement of the garage at the rear of the lot. Final placement of garages on each lot shall be subject to review and approval ofthe Planning and Building Department prior to issuance of a building permit. SCP The inclusionary unit proposed for Lot 14 to satisfy the requirements of Chapter 24.21 ofthe Municipal Code shall comply with the following requirements: a. The inclusionary affordable unit shall be a minimum of 1,500 square feet of living space with a minimum of three (3) bedrooms and two (2) baths; plus a two- (2) car garage. Based upon a significant reason, the affordable unit sizes may be reduced through approval of a Design Review Permit. b. The exterior appearance of the inclusionary affordable unit shall be compatible with units inthe subdivision and surrounding neighborhood. c. The interior appearance, finishes, and amenities of the inc1usionary affordable unit shall be comparable to new, affordable for-sale units in the community. Prior to issuance of the building peImit, the developer shall submit sufficient information to the satisfaction of the Planning and Building Director to ensure that the quality of materials, floor coverings, cabinets, fixtures, appliances, doors, and windows is comparable to new, affordable, for-sale units in the community. d. The inc1usionary affordable unit shall be provided with adequate usable yard area comparable to the market rate units. SCQ As agreed to by the applicant at the. December 6, 2007 Planning Commission hearing, no on-site burial of contaminated soils shall be allowed. All contaminated soils must be removed from the site and disposed of properly in accordance with the work plan to be prepared by the applicant a..'1d reviewed and approved as per Condition SCG(1) above. Should the County Department of Environmental Health (DEH) require an updated or new "Health and Safety Plan" as referenced in Condition SCG(2) above to be prepared, the applicant shall prepare such a plan to the satisfaction of DEH and all engineering controls and measures therein identified shall be incorporated on thegniding plan to the satisfaction of the Engineering Services and Planning and Building Departments. Should the City adopt a formal policy allowing for some other method of remediation of soils prior to issuance of any grading or improvement plan for the project, the applicant may choose to remediate the soils in accordance with the adopted policy. SCR As agreed to by the applicant at the December 6, 2007 Planning Commission hearing, the applicant 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. PBD\KK\\g:\Resolutions\rpc06-005.2007-33 - 18 - SCS As agreed to by the applicant at the December 6, 2007 Planning Commission hearing, all efforts shall be made under guidance of a certified arborist to preserve in place the 34-inch diameter oak tree identified in the southeast corner of the site. If the certified arborist finds that the tree cannot be preserved in place, all efforts shall be made to remove the tree, preserve it in a box on site, and replace the tree following the grading operation. Should the tree not be able to be kept in place or preserved by boxing, or not survive the grading process or boxing process, the applicant shall provide a minimum 60-inch box tree of the same variety and in the same location as the existing tree. Prior to issuance of grading or improvement plans, the certified arborist shall provide a report to the City identifying measures and a work plan detailing how the tree will be protected. SCT As agreed to by the applicant at the December 6, 2007 Planning Commission hearing, prior to submittal of the grading plan, improvement plan, or final map for review and approval, the project shall be modified to include a planter with automatic irrigation and planted with a tree, and shrub and groundcover pl:mtings if sufficient space is available, in the center of each proposed cul-de-sac, provided that the exterior radius of the cul-de-sacs remain as shown on the approved tentative map. The cul-de-sacs shall be designed to the satisfaction of the Fire Marshal. A demonstrated impact to public. safety and or a need to comply with Fire Codes may preClude implementation of this condition based on the Fire Marshal's reVIew. SCU As agreed to by the applicant at the December 6, 2007 Planning Commission hearing, the application and the project plans submitted for design review as required by Condition SCR above shall include a wall and planted area buffer along the subject property's boundaries with the adjacent church use. Gl ,STANDARD CONDITIONS: CONTACT THE PLANNING AND BUILDING DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 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 MunicipalCode. G4 Prior to recordation of the final map, the owner shall cause. a covenant regarding real property to be recorded. Said covenant shall set forth the terms and conditions of this grant of approval and shall be of a form and content satisfactory to the Planning and Building Director. The Owner(s) agree, in acceptance ofth~ 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. PBD\KK\\g:\Resolutions\rpc06-005.2007-33 - 19 - 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 Final Map approval 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. I G 19 Garages enclosing required parking spaces shall be kept available and usable for the parking of owner/tenant vehicles at all times, and may not be rented or conveyed separately from the appurtenant dwelling unit. 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. Ll 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 including the required signature block of the State licensed landscape designer must be submitted as part of the building permit application for the proj ect. 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 adjacent properties. All irrigation lines shall be installed and maintained underground (except drip irrigation systems). 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 PBD\KK\\g:\Resolutions\rpc06-005.2007-33 - 20 - owner, assigns or any successors in interest in the property. The maintenance program shall include normal care and irrigation of the landscaping; repair and replacement of plant materials and irrigation systems as necessary; and general cleanup of the landscaped and open areas, parking lots and walkways, walls, fences, etc. Failure to maintain landscaping and the site in general may result in the setting of a public hearing to revoke or modify the approval. This condition shall be recorded with the covenant required by this Resolution. L5 All masonry freestanding or retaining walls visible from points beyond the project site shall be treated with a protective sealant coating to facilitate graffiti removal. The sealant shall be of a type satisfactory to the Engineering and Planning and Building Departments. The property owner shall be responsible for the removal in a timely manner of any graffiti posted on such walls. 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. H2 The developer shall execute and record a covenant satisfactory to the Planning and Building Department reserving one (1) unit as an affordable housing unit (Lot 14 as shown on the Tentative Map) in accordance with the provisions of Chapter 24.21 of the Encinitas Municipal Code. Said covenant shall include language that these inclusionary (affordable) housing units shall be reserved in perpetuity at rent levels affordable to "very low income" households, those earning at or below 50 % of the regional median income level. Income levels and affordable housing payments are established by HOD on an annual basis. Should an "in-lieu" fee for inclusionary housing be established by the City prior to building permit issuance, the property ownerideveloper may elect to pay that fee as an alternative to providing the units in the manner described above. M2 All project grading shall conform with 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. M6 Street names shall be approved by the City prior to the recordation of the final map, and street addresses shall be pJ;'ovided 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 6 (d) of the Municipal Code, with said grade/pad elevations having been established with consideration given to on-site and surroun.ding uses and terrain. PBD\KK\\g:\Resolutions\rpc06-005.2007-33 - 21 .. Fl 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 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 lbs. EXCEPTION: Access to one (1) single family residence shall not be less than 16 feet of paved width, curb line to curb line, or edge of pavement to edge of pavement where no curbs are proposed. 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 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). 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. F7 RESPONSE MAPS: Any development that by viliue 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 he charged a reasonable fee for updating all Fire Department response maps. PBD\KK\\g:\Resolutions\rpc06-005.2007-33 - 22 - 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: 1. 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. FI0 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. F13 ADDRESS NUMBERS: Address numbers shall be placed in a location that will allow them to be clearly visible from the street fronting the structure. The numbers shall contrast with their background, and shall be no less in height than: Four inches (4") for single family homes and duplexes; Eight inches (8") for commercial and multi-family residential buildings; and Twelve inches (12") for industrial buildings. F14 ADDRESS J\TUMBERS FOR STRUCTURES LOCATED OFF ROADWAY: Where structures are located off a roadway on long easements/driveways, a monument marker shall he placed at the entrance where the easement/driveway intersects the main roadway. Pennanent address numbers with height conforming to Fire Department standards shall be affixed to this marker. F15A AUTOMATIC FIRE SPRINKLER SYSTEM., SINGLE-FAt\1ILY 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). F17 SMOKE DETECTORS /FIRE SPRINKLER SYSTEMS: Smoke detectors/fire sprinklers systems shall be inspected by the Fire Department. F18 CLASS "A" ROOF: All structures shall be provided with a Class "A" roof assembly to the satisfaction of the Encinitas Fire Department. PBD\KK\\g:\Resolutions\rpc06-005.2007-33 - 23 - El 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 1 Gradin2: 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 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. 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. i i ! ! i I I I I I 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, EGlO In accordance with Section 23.24.370 (A) of the 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 inelude 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. PBD\KK\\g:\Resolutions\rpc06-005.2007-33 - 24 - ED 1 Draina2:e Conditions ED2A An erosion control system shall be designed and installed onsite during all construction activity. The system shall prevent discharge of sediment and all other pollutants onto adjacent streets and into the storm drain system. The City of Encinitas Best Management Practice Manual shall be employed to determine appropriate storm water pollution control practices during construction. ED3 A drainage system capable of handling and disposing of all surface water originating within the project site, and ,all surface waters that may flow onto the project site from adjacent lands, shall be required. Said drainage system shall include any easements and structures required by the Engineering Services Director to properly handle the drainage. ED5 The owner shall pay the current local drainage area fee prior to issuance of the building permit for this project or shall construct drainage systems in conformance with the Master Drainage Plan and City of Encinitas Standards as required by the Engineering Services Director . ES 1 Street Conditions 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. 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. EU4 All proposed utilities within the project shall be installed underground including existing utilities unless exempt by the Municipal Code. EU5 The owner shall be responsible for the relocation and undergrounding of existing public utilities, as required. EU8M Subject to all applicable Federal and State laws, statutes, and regulations, in the event of multiple cable communication operators desiring to serve new residential developments in which the electric power and telephone utilities are underground, the following procedure shall apply with respect to access to and utilization of underground easements: (a) The owner shall be responsible for contacting and surveying all franchised cable operators to ascertain which operators desire to provide cable television service to the development. The owner may establish a reasonable PBD\KK\\g:\..~esolutions\rpc06-005.2007-33 - 25 - deadline to receive responses from cable operators. The final tract map shall indicate the cable operator(s) that have agreed to serve the development. (b) If one or more cable operators wish to provide service, they shall be accommodated in the joint utilities trench on a nondiscriminatory shared basis. (c) The owner shall provide at least ten (10) working days' notice of the date that the utility trenches will be open to the cable operators that have agreed to serve the development. (d) The sharing of the joint utilities trench shall be subject to compliance with Public Utilities Commission and utility standards. If such compliance is not possible, or if three (3) or more operators desire to provide service to the development, the owner shall provide a separate trench for the cable television cables, with the entire Gost shared among the participating cable operators. With the concurrence of the owner, the affected utilities, and the cable television operators, alternative installation procedures such as the use of deeper trenches, may be utilized subject to the applicable law. (e) Any cable operator wishing to serve an area where the trenches have been closed shall be responsible for separate trenching and associated costs; if the cable operatqr was not provided timely written notice of the availability of such trenches, the owner shall reimburse the operator for such costs. ESWl Storm Water Pollution Control Condition,! 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. 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 infjltrate, filter, or treat a quantity of storm runoff equal to or greater than the volume generated by a 0,6" precipitation stofln event in a duration of twenty-four hours or the maximurnflow rate producedbya r;1infallof 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 Clt)T 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 ~lan/Tentative Map identifying all landscape areas designed for storm water pollution. control (SVfPC) 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. PBD\KK\\g:\Resolutions\rpc06-005.2007-33 - 26 - EMl Map EM3 This project is approved specifically as one (1) single phase. EM5 Public/private improvement plans and grading plans shall be approved and adequate surety shall be posted prior to a public hearing for approval Of the final map. PBD\KK\\g:\Resolutions\rpc06.005.2007-33 - 27 -