2006-067PLANNING AND BUILDING DEPARTMENT
505 South Vulcan Avenue
Encinitas CA 92024
(760) 633-2710
NOTICE OF DECISION
PBD-2006-67
July 20, 2006
This letter is to inform you that the Planning and Building Director has approved your application
for:
05-113 TPM/CDP (O'Connor) - The applicant requests approval of a Tentative Parcel
Map and Coastal Development Permit to subdivide a 0.87-acre property into two (2) lots
for single-family residential development, including the installation of 565 linear feet of
eight- (8) inch sewer main from the end of the existing sewer main at the intersection of
Hymettus Avenue and Hygeia Avenue easterly to Orpheus Avenue, then northerly along
Orpheus Avenue to 619 Orpheus Avenue, where the main would proceed easterly to the
subject property through an existing sewer easement. The existing house would remain
in place on proposed Parcel 1. The project site is located at 614 Oceanview Avenue in
the R-3 (Residential 3) zone and within the Coastal Zone. (APN 256-151-26)
Project Description and Discussion: The applicant requests to subdivide a 0.87-acre property
into two (2) lots with the existing residence to remain on proposed parcel 1. The surrounding
neighborhood is predominantly single-family residential development. The subject property
slopes down from east to west at approximately 7.5% grade.
Proposed parcel 1 will have driveway access directly to Oceanview Avenue. Proposed parcel 2
will have access to Oceanview Avenue via a private access easement along the southerly
boundary of proposed parcel 1. The project includes construction of the private access easement,
right-of-way (ROW) improvements, facilities for drainage and storm-water cleansing and the
extension of the sewer main to the subject property. The sewer main would consist of an eight
(8) -inch pipe extending 565 linear feet from the intersection of Hygeia Avenue and Hymettus
Avenue easterly to Orpheus Avenue, then northerly along Orpheus Avenue to 619 Orpheus
Avenue, where the main would continue easterly to the southwest corner of the subject property
through an existing sewer easement.
The subject Residential 3 (R-3) zone requires a minimum lot size of 14,500 square feet and
minimum lot dimensions of 80 feet in width and 100 feet in depth. The proposed subdivision will
create two (2) lots that exceed the minimum requirements for lot dimensions and area prescribed for
the subject R-3 zone. The maximum density allowed in the R-3 zone is 3.0 dwelling units per net
acre. Slope-adjusted net acreage calculations indicate that the property will be 0.775 net acres in
area after deduction of the private road easement and could support two (2) dwelling units. The two
(2) proposed residential lots on 0.775 net acres yield a density average of 2.6 dwelling units per net
acre, in compliance with the maximum density of 3.0 dwelling units per net acre prescribed for the
subject R-3 zone and the slope-adjusted density allowance for the subject property. Each of the
proposed lots will provide ample space for the development of single-family residences in
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compliance with all applicable development standards. The applicant submitted letters of service
availability from fire, water, sewer and school service providers indicating that all required services
are available for the project.
The subject residence will have a nonconforming front setback when the required right-of-way
dedication is taken. Because of the type of construction, the building cannot be reasonably modified
to conform to the setback and remain functional. The applicant desires to continue use of the
residence while the rear parcel, proposed parcel 2, is developed and/or sold. As a condition of this
approval, the applicant has agreed that the residence will be removed within three (3) years of the
date of recordation of the final parcel map or prior to the sale of proposed parcel 1, whichever
comes first. Existing improvements within the ultimate right-of-way may remain provided that an
encroachment permit is issued by the Engineering Services Department. Prior to demolition of the
residence, an application for a coastal development permit must be submitted with the proper filing
fee, reviewed, and approved.
The existing residence does not have fire sprinklers and could not reasonably be retrofitted with fire
sprinklers. The proposed 16-foot wide drive to proposed parcel 2 is only wide enough by Fire
Department standards to accommodate access to one (1) single-family residence, or up to four (4)
single-family residences if all of the residences are outfitted with fire sprinklers. The proposed
access easement cannot be used for access by the existing residence, which must have access
directly to Oceanview Avenue. The existing drive for the residence must be demolished to the
extent such that it cannot be connected to the proposed driveway construction within the access
easement. New construction on proposed parcel 1 will be required to conform to all required
setbacks and may have access to the access easement provided that fire sprinklers are provided.
At the rear of the subject property, some areas were excavated and some areas filled in creating the
landscape design. Because the amount of earth moved was significant and the filled areas would
gain a height advantage for development of proposed parcel 2, the applicant must remove the
garden walls and earth located on proposed parcel 2. Future construction will be measured from the
grade prior to the fill. At the location of the excavation on the westerly end of proposed parcel 1,
the applicant may restore the grade to the original grade across the excavated area. Height in that
area would be measured from the lower of the restored original grade or proposed finished grade,
whichever is lower. Since the slope within the future building envelopes of the proposed parcels
will be less than 10% as determined by extrapolation of the adjacent topographic contours across the
filled and excavated areas, future construction on the proposed parcels will be subject to the
standard height limit for properties sloped under 10% and will not be subject to the more restrictive
height limit applicable to properties sloped over 10%.
Citizen's Participation Plan: The applicant conducted a Citizen's Participation Plan (CPP) in
accordance with Chapter 23.06 of the Municipal Code. According to the CPP final report, one
(1) neighbor attended the CPP meeting held October 6, 2005 in the Carnation Room at City Hall.
The neighbor expressed interest in the sewer extension but had no concerns.
Public Notice: A standard public notice allowing for a 20-day comment and review period was
issued for the project. Staff did not receive any comments regarding the proposed subdivision.
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This approval is based on the following findings:
FINDINGS FOR A TENTATIVE MAP
STANDARD: Section 66474 of the California Government Code requires that the authorized
agency approve an application for a Tentative Map unless, based upon the information
presented in the application and during the Public Hearing, the authorized agency makes any
of the following findings of fact:
a. That the proposed map is not consistent with applicable general and specific plans as
specified in Section 65451 of the Subdivision Map Act.
Facts: The applicant requests to subdivide a 0.87-gross-acre lot into two (2) lots for
single-family residential development and extend the sewer main to the subject property.
The existing single-family residence on proposed parcel 1 will not conform to the front-yard
setback after the right-of-way dedication required of the project but must be removed within
three (3) years of map recordation or prior to the sale of parcel 1. The subject R-3 zone
requires a minimum lot size of 14,500 net square feet and minimum lot dimensions of 80
feet in width and 100 feet in depth. The maximum density allowed in the R-3 zone is 3.0
dwelling units per net acre. Slope-adjusted net acreage calculations indicate that the
property is 0.775 net acres after deduction of the private road easement and could support
two (2) dwelling units. There is no specific plan applicable to the property.
Discussion: The proposed subdivision will create two (2) lots that exceed the minimum
requirements for lot dimensions and area. The two (2) proposed residential lots on 0.775 net
acres yield a density average of 2.6 dwelling units per net acre, in compliance with the
density standards of the subject R-3 zone and slope-adjusted density allowance for the
subject property.
Conclusion: The Planning and Building Department finds that the proposed map is
consistent with the General Plan.
b. That the design or improvement of the proposed subdivision is not consistent with
applicable general and specific plans.
Facts: The proposed subdivision will create two (2) lots that exceed the minimum
requirements for lot dimensions and area. Chapter 24.12 of the Municipal Code sets forth
design standards for subdivisions and Chapter 30.16 of the Municipal Code sets forth
development standards such as lot width, depth, and area requirements for the subject R-3
zone. The minimum lot area allowed in the subject R-3 zone is 14,500 square feet and the
minimum lot dimensions are 80 feet in width and 100 feet in depth. Proposed parcel 1 will
have access directly to Oceanview Avenue and proposed parcel 2 will have access to
Oceanview Avenue via a private access easement. No specific plan is applicable to the
property.
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Discussion: The design of the proposed subdivision will comply with the development
standards applicable to the R-3 zone identified in Section 30.16.010 of the Municipal Code
and all subdivision design standards as per Section 24.12 of the Municipal Code. The
proposed public and private improvements related to the project, including but not limited to
the private access easement, drainage, storm water facilities, and extension of the sewer
main, 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 and Building Department finds that the design and improvement
of the proposed subdivision are consistent with the General Plan.
C. That the site is not physically suitable for the type of development.
Facts: The applicant proposes two (2) lots for single-family residential development on
0.775 net acres. Single-family residential development is a permitted use in the subject R-3
zone.
Discussion: Each of the proposed parcels complies with the minimum standards for lot area
and lot dimensions. The parcels will provide ample space for the development of single-
family residences in compliance with Municipal Code standards, including setbacks, height
limitations, access, and the provision of parking. The subject property can support the
proposed subdivision and future development of single-family residences.
Conclusion: The Planning and Building Department finds that the site is physically suitable
for the type of development.
d. That the site is not physically suitable for the proposed density of development.
Facts: The applicant requests to subdivide a 0.775-net-acre lot into two (2) lots for
single-family residential development. The subject property slopes down from east to
west at less than 10% grade. The maximum density allowed in the subject R-3 zone is 3.0
dwelling units per net acre.
Discussion: Slope-adjusted net acreage calculations indicate that the subject property could
support two (2) dwelling units. The two (2) proposed residential lots on 0.775 net acres
yield a density of 2.6 dwelling units per net acre. The proposed subdivision will comply
with the density requirements of the subject R-3 zone and the slope-adjusted net acreage
allowance for the subject property.
Conclusion: The Planning and Building Department finds that the site is physically suitable
for the proposed density of development.
e. That the design of the subdivision or the proposed improvements are likely to cause
substantial environmental damage or substantially or avoidably injure fish or wildlife or
their habitat.
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Facts/Discussion: The applicant proposes the subdivision of an existing 0.775-net-acre lot
into two (2) lots. The subject property is located in a developed, urbanized area. This
project has been determined to be exempt from environmental review pursuant to Section
15315 of the State CEQA Guidelines, which exempts the division of property in
urbanized areas zoned for residential use into four (4) or fewer parcels when the division
is in conformance with the General Plan and zoning, no variances or exceptions are
required, all services and access to the proposed parcels to local standards are available,
the parcel was not involved in a division of a larger parcel within the previous two (2)
years, and the parcel does not have an average slope greater than 20 percent.
Conclusion: The Planning and Building Department finds that design of the subdivision or
the proposed improvements are 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/Discussion: The applicant submitted letters of service availability from fire, water,
sewer and school service providers indicating that all required services are available for the
project. The project design includes access, drainage, and storm-water cleansing
improvements in compliance with applicable development standards.
Conclusion: The Planning and Building Department finds that the design of the proposed
subdivision and the type of improvements are not likely to cause serious health problems.
g. That the design of the subdivision or the type of improvements will conflict with easements,
acquired by the public at large, for access through or use of, property within the proposed
subdivision. In this connection, the authorized agency may approve a map if it finds that
alternate easements, for access or for use, will be provided, and that these will be
substantially equivalent to ones previously acquired by the public. This subsection shall
apply only to easements of record or to easements established by judgment of a court of
competent jurisdiction and no authority is hereby granted to a legislative body to determine
that the public at large has acquired easements through or use of property within the
proposed subdivision.
Facts: All easements of record are required to be identified on the tentative parcel map.
Discussion: No easements have been identified on the subject property that would conflict
with the proposed subdivision.
Conclusion: The Planning and Building Department finds that the proposed subdivision and
associated improvements will not conflict with any easements acquired by the public at
large for access through or use of the property within the proposed subdivision.
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FINDINGS FOR A COASTAL DEVELOPMENT PERMIT
STANDARD: Section 30.80.090 of the Municipal Code provides that the authorized agency
must make the following findings of fact, based upon the information presented in the
application and during the Public Hearing, in order to approve a coastal development permit:
1. The project is consistent with the certified Local Coastal Program of the City of Encinitas;
and
2. The proposed development conforms with Public Resources Code Section 21000 and
following (CEQA) in that there are no feasible mitigation measures or feasible alternatives
available which would substantially lessen any significant adverse impact that the activity
may have on the environment; and
3. For projects involving development between the sea or other body of water and the nearest
public road, approval shall include a specific finding that such development is in conformity
with the public access and public recreation policies of Section 30200 et. seq. of the Coastal
Act.
Facts: The City's General Plan and Municipal Code are the applicable components of the
City's Local Coastal Plan. The project consists of the subdivision of the subject 0.775-net-
acre lot into two (2) parcels and the extension of the sewer main to the subject property. The
proposed parcels are consistent with the required standards for lot area and dimensions in
the subject R-3 zone and the required standards for subdivision design. The project has been
determined to be exempt from. environmental review pursuant to Section 15315 of the
CEQA Guidelines.
Discussion: Related to finding No. 1, with the approval of the Tentative Parcel Map request,
the project complies with or is conditioned to comply with the City's Local Coastal Program
and the Municipal Code. Related to finding No. 2, no adverse impacts to the environment
are associated with the project and the project is exempt from the requirements of CEQA.
Finding No. 3 is inapplicable since the project is not located between the sea or other body
of water and the nearest public road.
Conclusion: The Planning and Building Department 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 and the project is exempt from the
requirements of CEQA as per Section 15315 of the CEQA Guidelines; and 3) finding No. 3
is not applicable to the project since the project site is not located between the sea or other
body of water and the nearest public road.
Environmental Review: The project has been determined to be exempt from environmental
review pursuant to Section 15315 of the California Environmental Quality Act (CEQA)
Guidelines, which exempts the demolition of a single-family residence and the subdivision of
property into four (4) or fewer parcels from environmental review when the subdivision
conforms with the General Plan and zoning, no variances or exceptions are required, all services
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and access to local standards is available, the parcel was not involved in a division of a larger
parcel within the previous two (2) years, and the average slope of the parcel is less than 20%.
This approval is subject to the following conditions:
SC1 SPECIFIC CONDITIONS:
SC4 Approval of the Tentative Parcel Map and all associated permits will expire on July 20,
2008 at 5:00 pm, two years after the approval of this project, unless the conditions have been
met or an extension of time has been approved pursuant to the Municipal Code.
SC6 This project is conditionally approved as set forth on the application and project drawings
consisting of four (4) sheets including a one- (1) sheet tentative parcel map stamped
received by the City on June 6, 2006 and three (3) sheets sewer main drawings stamped
received by the City on April 6, 2006, all designated as approved by the Planning and
Building Director on July 20, 2006, and shall not be altered without express authorization by
the Planning and Building Department.
SCA The following conditions shall be completed/fulfilled to the satisfaction of the San Dieguito
Water District (District):
Upon development, each parcel shall be individually metered. Prior to the sale of any
lot, the owner/developer may reduce the existing 1 '/a-inch meter apply capacity credit
toward the installation of new meters. The owner/developer shall install and pay for all
meters to receive capacity credit at one (1) time. Prior to map recordation, the owner is
required to provide the District with a written statement indicating which lots will
receive capacity credits.
2. Prior to development, all water meters shall be located in front of the parcel they serve
and outside of any existing or proposed traveled way. The owner/developer shall be
responsible for the cost of any necessary relocation.
3. Prior to approval of the final map, the owner/developer shall show all existing and
proposed water facilities on improvement or grading plans for District approval.
4. The owner/developer shall comply with all of the District's fees, charges, rules, and
regulations.
SCB The following conditions shall be completed, fulfilled, and/or included on grading plan
drawings to the satisfaction of the Engineering Services Department prior to approval of the
final parcel map:
The applicant shall install a standard driveway and provide minimum 16-foot wide
paved access to service Parcel 2 to the satisfaction of the City Engineer. Provide a note
on the map indicating that all obstructions to the required driveway shall be removed. In
order to provide adequate storm water treatment, the BMP swale proposed along the
northerly side of the driveway shall include drop structures as necessary to reduce the
swale slope to 1.5 to 2%.
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2. The developer shall dedicate seven (7) feet of right-of-way along the property frontage
to Ocean View Avenue, for a centerline to property line width of 27 feet. The area
between the existing street pavement and the property line shall be graded up with a
minimum slope of two (2) % to allow six (6) inches rise from the flow line invert to the
property line. A gravel swale shall be provided between the existing pavement edge and
the property line. The gravel swale shall be reinforced with Gravelpave or other City-
approved geosynthetic mat capable of withstanding occasional vehicular traffic
underlaid with a minimum of six (6) inches of Class II Base material. A minimum six-
(6) inch wide by 16-inch deep PCC flush curb shall be provided along the pavement
edge and a redwood header shall be provided along the opposite side of the swale.
3. Runoff from this property drains to the existing property to the west. The applicant
shall design and construct an underground infiltration basin in the rear yard of the
property to receive all site runoff discharging westerly and allow it to infiltrate into
the ground. The infiltration basin shall be an underground storage filled with 3/4-inch
crushed rock and lined with an appropriate filter fabric. The surface runoff shall enter
the crushed rock filled storage through a grate inlet and disperse via a four- (4) inch
perforated pipe running laterally through the crushed rock. The detention/infiltration
basin shall be designed consistent with Engineering Standard Condition ED8 in order
to ensure that the impact of the runoff on the adjacent property is less than or equal to
the predevelopment condition.
4. The developer shall provide the necessary sewer improvements as shown on the
tentative parcel map and both proposed parcels shall connect to the sanitary sewer
system.
5. An encroachment permit shall be obtained from the Engineering Services Department
for any existing encroachment into the ultimate public right-of-way (ROW) that is
proposed to remain in place.
SCC Prior to recordation of the final parcel map, the owner shall cause a covenant regarding
real property to be recorded. Said covenant shall set forth the following:
1. The existing residence shall be demolished within three (3) years of the date of
recordation of the final parcel map or prior to sale of the easterly parcel, proposed
parcel 1, whichever comes first.
2. No additions or expansions whatsoever of the existing residence or residential use of
the property shall be allowed. Routine maintenance to the existing residence and
improvements may be performed.
3. The existing residence on proposed parcel 1 shall not have any access to the proposed
access easement.
4. Prior to release or satisfaction of the covenant, it shall be demonstrated to the
satisfaction of the Planning and Building Director that the existing residence has
been removed.
SCD Prior to recordation of the final parcel map, the driveways serving the subject property
shall be demolished to an extent such that connection to the proposed access easement
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drive is precluded. Future development on proposed parcel 1 may utilize the access
easement provided that all Fire Department access and fire sprinkler standards are met.
SCE Prior to recordation of the final parcel map, the brick and railroad tie walls and the
retained earth at the center of proposed parcel 2 and the railroad tie walls adjacent to the
proposed easement and continuing onto proposed parcel 2 shall be removed to the
satisfaction of the Planning and Building Department.
SCF Prior to demolition of the existing residence, an application for a coastal development to
allow such work shall be submitted with the applicable processing fee, reviewed, and
approved.
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 of the Municipal Code.
G4 Prior to recordation of the final parcel 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 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 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.
M2 All project grading shall conform with the approved Tentative Map or Tentative Parcel
Map. In cases where no grading is proposed at the time of the Tentative Map/Tentative
Parcel Map, or in cases where the grading plan later submitted is not consistent with the
approved Tentative Map/Tentative Parcel Map, the applicant shall be required to obtain a
design review permit for grading prior to issuance of grading permits.
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M6 Street names shall be approved by the City prior to the recordation of the final map, and
street addresses shall be provided by the Planning and Building Department prior to the
issuance of building permits.
F1 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.
F3 ACCESS ROAD MINIMUM DIMENSIONS WHEN SERVING FOUR (4) OR LESS
SINGLE FAMILY DWELLINGS WITH AUTOMATIC FIRE SPRINKLER SYSTEMS
INSTALLED: A fire apparatus roadway providing access to not more than four (4) fire
sprinklered single family dwellings shall not be less than 16 feet in paved width, curb line
to curb line, or edge of pavement to edge of pavement where no curbs are proposed, with
an unobstructed vertical clearance of not less than 13 feet 6 inches.
F7 RESPONSE MAPS: Any development that by virtue of new structures necessitates fire
hydrants, roadways, or similar features, shall be required to provide a map in a format
compatible with current Department mapping services, and shall be charged a reasonable
fee for updating all Fire Department response maps.
F9 POSTING OR STRIPING ROADWAYS "NO PARKING FIRE LANE": Fire
Department access roadways, when required, shall be properly identified as per Fire
Department standards.
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 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.
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F15A AUTOMATIC FIRE SPRINKLER SYSTEM - SINGLE-FAMILY DWELLINGS AND
DUPLEXES: Structures shall be protected by an automatic fire sprinkler system
designed and installed to the satisfaction of the Fire Department. Plans for the automatic
fire sprinkler system shall be approved by the Fire Department prior to issuance of
building permit(s).
F18 CLASS "A" ROOF: All structures shall be provided with a Class "A" roof assembly to
the satisfaction of the Encinitas Fire Department.
E1 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.
EG1 GradinL Conditions
EG2 No grading permits shall be issued for this subdivision prior to recordation of the final map,
or the City has deemed the final map technically correct.
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 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
approved at first submittal of a grading plan.
EG9 Prior to hauling dirt or construction materials to any proposed construction site within this
project the 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
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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 1st 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.
EMI Mau
EM3 This project is approved specifically as 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.
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ES 1 Street Conditions
ES3 The owner shall make an offer of dedication to the City for all public streets and easements
required by these conditions or shown on the site development plan. The offer shall be
made by execution of a grant deed prior to issuance of any building permit for this project.
All land so offered shall be granted to the City free and clear of all liens and encumbrances
and without cost to the City. Streets that are already public are not required to be
rededicated.
ES4 Reciprocal access and/or maintenance agreements shall be provided ensuring access to all
parcels over private roads, drives or parking areas and maintenance thereof to the
satisfaction of the Engineering Services Director.
ES5 Prior to any work being performed in the public right-of-way, a right-of-way construction
permit shall be obtained from the Engineering Services Director and appropriate fees paid,
in addition to any other permits required.
ES6 In accordance with Chapter 23.36 of the Municipal Code, the owner shall execute and
record a covenant with the County Recorder agreeing not to oppose the formation of an
assessment district to fund the installation of right-of-way improvements.
EUl Utilities
EU2 The owner shall comply with all the rules, regulations, and design requirements of the
respective utility agencies regarding services to the project.
EU3 The owner shall be responsible for coordination with S.D.G. & E., SBC/Pacific Bell, and
other applicable authorities.
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 tentative parcel map shall
identify all landscape areas designed for storm water pollution control (SWPC). A note
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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 plan.
This notice constitutes a decision of the Planning & Building Department only. Additional
permits, including Building Permits, may be required by the Building Division or other City
Departments. It is the property owner's responsibility to obtain all necessary permits required for
the type of project proposed.
In accordance with the provisions of Municipal Code Section 1. 12, the decision of the Planning and
Building Director may be appealed to the City Council within ten- (10) calendar days of the date of
this determination.. The appeal must be filed, accompanied by the appropriate filing fee, prior to
5:00 p.m. on the tenth (10th) calendar day following the date of this notice of decision. This
decision may not be appealed to the California Coastal Commission.
If you have any questions regarding this determination, please contact Kerry Kusiak at the Planning
and Building Department by telephoning (760) 633-2719.
Patrick Murphy
Planning & Building Director
C: Jesse Owens, Sampo Engineering, Inc.
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