2005-096 - EGCITY OF ENCINITAS
PLANNING AND BUILDING DEPARTMENT
505 So. Vulcan Avenue
Encinitas, CA 92024
(760) 633-2710
NOTICE OF DECISION
PBD-2005-96
December 23, 2005
This letter is to inform you that the Planning and Building Director has approved your application
for:
04-131 BA/MIN/CDP (Goldstein) - A Boundary Adjustment application to adjust two lot
lines between two legal lots and a Minor Use Permit and Coastal Development Permit to
construct a single-family residence on the vacant Parcel B with a proposed 864-square foot
attached garage area to exceed 50% of the living area of the principal structure. The project
site is located at 293 Hillcrest Drive and within the R-3 (Residential 3) zoning district of the
City of Encinitas. (APN: 254-102-58 & -59).
Project Description and Discussion: The applicant is requesting an adjustment of two lot lines
between two legal lots. A Minor Use Permit and Coastal Development Permit request is also
included for the construction of a new single-family residence with an attached garage to exceed
50% of the living area of the principal structure. Parcel A is currently occupied with a single-family
residential structure with a swimming pool. The existing residence on proposed Parcel A and
swimming pool will comply with all applicable setbacks and development standards of the
subject R3 zone after the adjustment. As per UBC (Uniform Building Code) and Section
30.16.01 OF3 of the Encinitas Municipal Code, a minimum 5-foot fence with self-latching gate shall
be provided to enclose all pools and spas. The swimming pool was originally permitted with a
perimeter 5-foot wooden fence along the exterior property lines of both parcels. As a condition of
approval, a covenant will be recorded that the current owners of both parcels, Michael and Linda
Goldstein, agree to maintain the two lots under the same ownership as one lot for the purposes of
development in order to maintain the pool as shown on Parcel A. Should the owner decide to
sell one parcel or both parcels separately, a fence is to be erected to the satisfaction of the
Building Official in accordance with the Encinitas Municipal Code Section 30.16.01OF3.
The lots were legally subdivided as part of Parcel Map 17716 (TPM 89-232, 6-7-90, Resolution
L90-16) by the Leucadia Community Advisory Board. A covenant regarding real property
(Document 1996-0319186) was recorded on June 25, 1996 requiring the installation of sewer
services prior to any development on either parcel. A new covenant regarding real property will
be created as a condition of approval (SCG) in association with this boundary adjustment to
supersede the previously recorded document. Said covenant shall state that the current owners,
Michael and Linda Goldstein, agree not to oppose a special district for sewer service and, also when
sewer is available within two-hundred feet of the subject site to connect to the sewer. Should either
property be sold, the sewer service shall be connected in accordance with the Encinitas Municipal
Code and the Leucadia Wastewater District regulations.
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The proposed garage exceeds 50% of the living area of the proposed 1,379 square foot principal
structure. Pursuant to Municipal Code Section 30.48.040A, attached garages are allowed in
residential zones not to exceed a maximum floor area of 1,000 square feet or 50 % of the living
area of the primary residence, whichever is less. Additional area and height may be permitted
with the issuance of a Minor Use Permit, not to exceed the height limit. Minor Use Permits are
processed in accordance with Municipal Code Section 30.74 (Use Permits). Garages are
permitted as "accessory uses" to a principal residence. Although the proposed garage is more
than 50% of the living area of the principal structure, staff has determined that they are
considered "accessory" to the proposed principal residence. The proposed residence and garage
is compatible with other residences in the community.
The project site is large enough to accommodate the proposed dwelling and garage while
maintaining all required building setback and lot coverage requirements. Based on the size of the
project lot and the wide building setbacks from adjacent properties, the additional floor area
permitted for the garage will not significantly impact neighboring properties. Additionally, the
existing topography provides separation of view corridors for existing residences in the
neighborhood and the proposed project. These factors work together to preserve existing and
potential views. This proposal will be required to comply with all applicable Building and Fire
codes through the standard plan-checking process. All applicable utilities and services are in
place to support this development.
The applicant conducted a Citizen's Participation Program (CPP) in accordance with Chapter 23.06
of the Municipal Code. Nine members of the public attended the CPP meeting, held on July 31,
2004. Issues regarding the pad elevation were raised by some of the adjacent property owners. The
property owner informed the neighbors that the pad as proposed is designed to match the elevation
of the existing pool patio on Parcel A and would slope gradually to the east instead of proposing a 4-
5' high retaining wall.
A standard public notice for the Minor Use Permit was mailed on September 8, 2004, which
allowed for a 20-day comment period as required for administrative applications. The Planning and
Building Department conducted a public hearing on September 27, 2004. No members of the
community were present at the hearing, and staff received no comments from the community in
response to the public notice.
FINDINGS FOR A LOT LINE ADJUSTMENT
STANDARD: Section 24.70.060 of the Municipal Code provides the application to adjust a lot
line shall be approved unless the parcels resulting from the adjustment will:
1. Create a condition that does not comply with zoning and development regulations. All
parcels resulting from a lot line adjustment shall comply with minimum City
requirements for lot size, dimensions, access, parking and circulation, and all other
applicable development standards established through the zoning and development code.
The lot line adjustment shall also be found to promote available design standards and
guidelines as established through the zoning and development code.
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Facts/Discussion: The lots of the proposed adjustment comply with all development
standards pertaining to lot area and dimension. Access, parking and circulation will be
unaffected by the adjustment. All building setbacks will be maintained at or above
minimum standards.
Conclusion: The Planning and Building Department finds that the proposed boundary
adjustment does not create a condition that does not comply with zoning and
development regulations and that all parcels of the proposed adjustment comply with the
Municipal Code requirements for lot size, dimensions, access, parking, and circulation,
and all other applicable development and design standards. The proposed density and use
of the project site complies with all applicable Municipal Code standards.
2. Create a condition which does not comply with building regulations.
Facts/Discussion: Parcel A of the proposed adjustment is developed with a single-family
residence. The residence will be unaffected by the adjustment. No construction is proposed
on Parcel A.
Conclusion: The Planning and Building Department finds that no aspect of the adjustment
will result in a condition that does not comply with building regulations.
3. Materially, adversely affect an agreement for the security for the construction of public
improvements.
Facts/Discussion: The proposed boundary adjustment is not adjacent to any proposed
public improvements.
Conclusion: The Planning and Building Department finds that the adjustment will not
materially or adversely affect any agreement for the construction of public improvements.
4. Extends beyond the City limit boundary.
Facts/Discussion: The subject properties are wholly within the City boundaries.
Conclusion: The Planning and Building Department finds that the proposed adjustment
does not extend beyond the City boundaries.
5. Requires substantial alteration of any existing improvement or creates a need for any new
improvement.
Facts/Discussion: Existing improvements on the subject lots will not be affected by the
proposed boundary adjustment. A covenant regarding real property will be recorded on the
property for the owner to agree not to oppose a special district for sewer service if one is
proposed for creation or to connect to sewer when it is available within two-hundred feet of
the subject site. Should the property become offered for sale, a fence of at least five feet in
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height with self-latching gates shall be erected to the satisfaction of the Encinitas Building
Official to enclose the pool on parcel A.
Conclusion: The Planning and Building Department finds that the proposed adjustment
does not require any substantial alteration of existing improvements or create the need for
any new improvements at this time.
6. Adjusts the boundary line between lots that are subject to an agreement for public
improvements, unless the City Engineer finds that the proposed adjustment will not
materially affect such agreement for the security therefor.
Facts/Discussion: The boundary adjustment only affects interior property lines of the
subject lots.
Conclusion: The Planning and Building Department finds that the adjustment will not affect
a boundary line that may be subject to an agreement for public improvements.
FINDINGS FOR A USE PERMIT
STANDARD: In accordance with Section 30.74.070 of the Municipal Code, a use permit
application shall be approved unless findings of fact are made, based upon the information
presented in the application or during the hearing, which support one or more of the
following conclusions:
1. The location, size, design or operating characteristics of the proposed project will be
incompatible with or will adversely affect or will be materially detrimental to adjacent uses,
residences, buildings, structures or natural resources, with consideration given to, but not
limited to:
a. The inadequacy of public facilities, services and utilities to serve the proposed
project;
b. The unsuitability of the site for the type and intensity of use or development which is
proposed; and
c. The harmful effect, if any, upon environmental quality and natural resources of the
city;
Facts: Pursuant to Municipal Code Section 30.48.040 A, detached garages are allowed in
residential zones not to exceed 50 % of the living area of the primary residence. Additional
area and height for an attached garage may be permitted with the issuance of a Minor Use
Permit.
Discussion: The proposed garage will not alter or intensify the proposed residential use; and
therefore, will not adversely impact or require additional public facilities, services or
utilities. The site is large enough to accommodate the proposed garage and residence while
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maintaining all required building setbacks and lot coverage requirements. The proposed
residence and garage are compatible and similar to the surrounding residences and the
nature of the rural residential area. Based on the nature of the proposed garage/residential
use, the project will not result in a harmful effect upon the environment or other natural
resources.
Conclusion: The Planning and Building Department has conducted an analysis of the
application and has not identified any significant impacts that could result from the proposed
use.
2. The impacts of the proposed project will adversely affect the policies of the Encinitas
General Plan or the provisions of the Municipal Code; and
Facts: Pursuant to Municipal Code Section 30.48.040 A, attached garages are allowed in
residential zones not to exceed 50 % of the floor area of the primary residence. Additional
area and height for an attached garage may be permitted with the issuance of a Minor Use
Permit.
Discussion: Based on the nature of the proposed garage, which is a permitted accessory use
to a principal residence, no aspect of the use will result in an adverse effect to the policies of
the Encinitas General Plan or the provisions of the Municipal Code. The size of the
proposed garage will not adversely impact the City's ability to enforce the provisions of the
General Plan or Municipal Code.
Conclusion: The Planning and Building Department has reviewed the proposed application
and conducted an inspection of the site and has determined that the proposed garage
structure will not adversely affect the policies of the Encinitas General Plan or the
provisions of the Municipal Code. The Planning and Building Department has determined
the required findings for the use permit can be made, and the project is consistent with the
Municipal Code and General Plan.
3. The project fails to comply with any other regulations, conditions, or policies imposed by
the Municipal Code.
Facts: The proposed use is consistent with the regulations of accessory uses, including
Municipal Code Chapters 30.16 (Residential Zones) and 30.48 (Accessory Uses).
Conclusion: The Planning and Building Department has reviewed the proposed
application and conducted an inspection of the site and has determined that the proposed
structures are consistent with all Municipal Code and General Plan regulations. The
Planning and Building Department has determined the required findings for the use permit
can be made, and the project is consistent with the Municipal Code and General Plan.
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FINDINGS FOR 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 21000 and following 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.
Conclusion: The City's General Plan and Municipal Code are applicable components of
the City's Local Coastal Plan. The proposed boundary adjustment complies with or is
conditioned to comply with the City's Local Coastal Program and the Municipal Code. The
subject zoning is R-3, which permits the proposed attached garage to an existing single-
family dwelling in both the Municipal Code and General Plan. No aspect of the project has
been identified which would have an adverse impact on coastal resources or any natural
resources. The project will comply with the applicable development standards (lot
coverage, setbacks, floor area ratio, height etc.) as per the City of Encinitas Municipal Code,
and the adopted General Plan goals and policies. The project complies with all applicable
provisions of the City's Municipal Code and General Plan, therefore the Planning and
Building Department finds that the project is consistent with the certified Local Coastal
Program of the City of Encinitas. Furthermore, the required CDP finding #2 is not
applicable since there are no significant adverse environmental impacts associated with the
project. Finding No. 3 is inapplicable since the project is not located between the sea or
other body of water and the nearest public road.
Environmental Status: Exempt from environmental review pursuant to Section 15303(a) and
Section 15305(a) of the CEQA Guidelines, which exempts the construction of one single-family
structure and minor lot line adjustment from environmental review.
This approval is subject to the following conditions:
SCI SPECIFIC CONDITIONS:
SC2 This approval will expire on December 23, 2007 at 5:00 p.m., 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.
SC6 This project is conditionally approved as set forth on the application dated received by the
City on June 7, 2004, project drawings dated received by the City on September 10, 2004,
consisting of 3 sheets, including a Site Plan, a Roof Plan, Floor Plans, and Elevations, and a
1-sheet Preliminary Grading Plan dated received by the City on September 9, 2004, all
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designated as approved by the Planning and Building Director on December 23, 2005.
Approved plans shall not be altered without the express authorization of the Planning and
Building Department.
SCA The subject property is currently being served by a 2" water meter. Upon development,
each parcel will be required to be individually metered. The owner may downsize the
existing 2" meter and apply capacity credit toward the installation of new meters. This must
be done prior to the sale of any lot. All meters that will receive capacity credit must be paid
for and installed at one time. Prior to recordation of the Certificate of Compliance, the
owner is required to provide the San Dieguito Water District with written statement
indicating which lots will receive capacity credits.
SCB The San Dieguito Water 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.
SCC The developer will be required to show all existing and proposed water facilities on
improvement or grading plans for San Dieguito Water District approval.
SCD The developer is required to comply with the San Dieguito Water District's fees, charges,
rules and regulations.
SCE Runoff from the project site drains to the adjacent property to the east. The applicant shall
design a detention/ infiltration basin in compliance with Engineering Standard Condition
ED8 to ensure that the post-development drainage impact on the downstream property is
equal to or less than that of the pre-development condition.
SCF There is evidence of undocumented fill on the site. The applicant shall submit a
geotechnical report addressing the fill for review and approval by the City Geotechnical
Consultant. The report shall be approved prior to issuance of any grading permit for the
proj ect.
SCG Sanitary sewer service is not currently available to service the property for the existing
and the proposed residence. The applicant shall record a covenant "Connection to Sewer,
Agreement Not to Oppose a Special District for Sewer Service, and Provision of Fencing
for Swimming Pool" prior to issuance of any grading permit for the property. The
covenant shall stipulate that neither Parcel 1 nor Parcel 2 of Map 17716 recorded in the
Office of the County Recorder of San Diego County on July 3, 1996 may be sold or title
otherwise changed from the title shown on Document 83-340110 unless a) the property is
connected to the Leucadia Wastewater District for sewer service in accordance with the
Encinitas Municipal Code and the Leucadia Wastewater District regulations, and also
when sewer is available within two-hundred feet of the subject site to connect to the sewer
in accordance with regulations, policies, and procedures; and b) owners agree not to oppose
a special district which includes the property if a special district to provide sewer service
is proposed for creation; and c) should the property become offered for sale to others, a
fence of a least five feet in height with self-latching gates shall be erected to the
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satisfaction of the Encinitas Building Official in accordance with the California Health
and Safety Code Section 115920 and the Encinitas Municipal Code Section 30.16.01OF3,
prior to close of escrow in order to enclose the pool presently located on the westerly
portion of the property.
G1 STANDARD CONDITIONS:
CONTACT THE PLANNING AND BUILDING DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITION(S):
M1 This approval may be appealed to the City Council within 10 calendar days from the date of
this approval pursuant to Chapter 1.12 of the Municipal Code.
BA1 Completion of this lot line adjustment shall require the recordation of a Certificate of
Compliance. New legal descriptions reflecting the adjusted parcels shall be prepared to the
satisfaction of the Planning & Building Department. Pursuant to Municipal Code Section
24.70.110, a subdivision map of record reflecting the boundaries resulting from this action
may serve as a substitute for a Certificate of Compliance.
G4 Prior to building permit issuance, 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 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.
G13 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
building permit issuance to the satisfaction of the Planning and Building Department 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.
U2 In the event that any of the conditions of this permit are not satisfied, the Planning and
Building Department shall cause a noticed hearing to be set before the authorized agency to
determine whether the City of Encinitas should revoke this permit.
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U3 Upon a showing of compelling public necessity demonstrated at a noticed hearing, the City
of Encinitas, acting through the authorized agency, may add, amend, or delete conditions
and regulations contained in this permit.
U5 Nothing in this permit shall authorize the applicant to intensify the authorized activity
beyond that which is specifically described in this permit.
U7 Any future modifications to the approved project will be reviewed relative to the findings
for substantial conformance with a use permit contained in Section 30.74.105 of the
Municipal Code. Modifications beyond the scope described therein will require submittal
and approval of an amendment to the use permit by the authorized agency.
B1 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 plan(s),
section details, exterior elevations, and materials specifications. Submitted plans must show
compliance with the latest adopted editions of the California Building Code (The Uniform
Building Code with California Amendments, the 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.
F1 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 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.
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.
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F14 ADDRESS NUMBERS FOR STRUCTURES LOCATED OFF ROADWAY: Where
structures are located off a roadway on long easements/driveways, a monument marker
shall be placed at the entrance where the easement/driveway intersects the main roadway.
Permanent address numbers with height conforming to Fire Department standards shall
be affixed to this marker.
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.
E1 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.
EGl Grading 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 A separate grading plan shall be submitted and approved and a separate grading permit
issued for the borrow or disposal site if located within the city limits.
EG7 All nevoy 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
approved prior to building permit issuance/at first submittal of a grading plan, as
applicable.
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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.
EG10 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 include details of protective measures, including
desilting basins or other temporary drainage or control measures, or both, as may be deemed
necessary by the field inspector to protect the adjoining public and private property from
damage by erosion, flooding, or the deposition of mud or debris which may originate from
the site or result from such grading operations.
ED1 Drainage 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.
ED6 The owner of the subject property shall execute a hold harmless covenant regarding
drainage across the adjacent property prior to approval of the grading or building permit for
this project.
ED8 The drainage system shall be designed to ensure that runoff resulting from a 100-year
frequency storm under developed conditions is equal to or less than the runoff from a storm
of the same frequency and duration under existing conditions. Both 6 hour and 24 hour
storm durations shall be analyzed to determine the detention basin capacities necessary to
accomplish the desired results.
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EU1 Utilities
EU4 All proposed utilities within the project shall be installed underground including existing
utilities unless exempt by the Municipal Code.
ESW1 Storm Water Pollution Control Conditions
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
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 and 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 modification or removal of the SWPC
facilities without a permit from the City is prohibited.
ESW9 For storm water pollution control purposes, all runoff from all roof drains shall discharge
onto grass and landscape areas prior to collection and discharge onto the street and/or into
the public storm drain system. Grass and landscape areas designated for storm water
pollution control shall not be modified without a permit from the City. A note to this
effect shall be placed on the Grading/Permit Site plan.
In accordance with the provisions of the Municipal Code, this decision may be appealed to the City
Council within fifteen (15) calendar days of the date of this determination. This notice constitutes a
decision of the Planning Department only. Additional permits, including Building Permits, may be
required by the Building Department or other City Departments. It is the applicant's responsibility
to obtain all necessary permits required for the type of project proposed.
If you have any questions regarding this determination, please contact Todd Mierau at the Planning
and Building Department by telephoning (760) 633-2693.
Patrick Murphy
Planning and Building Director
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