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2007-047City of Encinitas PLANNING AND BUILDING DEPARTMENT 505 South Vulcan Avenue Encinitas CA 92024 (760) 633-2710 NOTICE OF DECISION PBD-2007-47 August 16, 2007 This letter is to inform you that the Planning and Building Director has approved your application for: 05-053 MIN/CDP (Nabors) - A request for a Minor Use Permit and Coastal Development Permit to allow to allow the construction of a 1,325 square foot farm employee housing unit with a 484 square foot detached garage in conjunction with an existing agricultural operation. This property is located at 1150 Quail Gardens Drive in the AG (Agricultural) zone in the Encinitas Ranch Specific Plan and within the Coastal Zone. (APN 254-612-12) Project Description and Discussion: The applicant requests approval of a Minor Use Permit and Coastal Development Permit to allow for the construction of a 1,325 square foot farm employee housing unit with a 484 square foot detached single-story garage. As per Section 6.2.2.C, Uses Permitted in the Agricultural Zone of the Encinitas Ranch Specific Plan, farm employee housing may be permitted by issuance of a Minor Use Permit. As per Section 6.2.3.C, Development Standards, allowable density, lot size and building setbacks for farm employee housing shall be determined at the Minor Use Permit Stage. New farm employee housing shall not exceed 25 units within the overall Encinitas Ranch Specific Plan Area, including a maximum of 10 units within the Sidonia East Planning Area. The proposed project is located on a 21.49 acre lot that is currently developed with greenhouse. buildings, associated agricultural buildings and offices and an existing farm employee housing unit. The site is bounded by Sidonia Street on the west, Leucadia Boulevard on the south, Quail Gardens Drive on the east and the Magdalena Ecke County Park on the north. With the construction of the proposed farm employee housing unit, there will be a total of 2 units within the Sidonia East Planning Area. There are no requirements in the Encinitas Ranch Specific Plan for lot coverage or floor area ratio for residential or agricultural uses in the agricultural zone. The farm employee housing unit and garage will be located 1,129 feet off of the front (south) property line, 163 feet off of the side (east) property line, 487 feet off of the other side (west) property line and 24 feet off of the rear property line. The rear setback for residential uses in the Agricultural zone is 25 feet, however pursuant to Section 6.2.3.C, allowable building setbacks for farm employee housing shall be determined at the Minor Use Permit stage. Accessory buildings including garages may encroach 10 feet into the rear yard setback. The garage is located 24 feet from the rear property line. No adverse or detrimental impacts to the site, surrounding properties, or neighborhood would occur due to the proposed development. G:\N0D\05-053mincdp.nod.doc - 1 - The project site is large enough to accommodate the proposed farm employee housing unit while maintaining all required building setback and lot coverage requirements. The dwelling will be placed on the parcel such that it will not be visible from Quail Gardens Drive and will blend in with the existing agricultural operation in use on the site. Based on the size of the project lot, the farm employee housing unit will not significantly impact neighboring properties. With approval of the Minor Use Permit application, the proposed farm employee housing unit complies with all applicable development standards and 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 Participation Program (CPP) pursuant to Chapter 23.06 of the Municipal Code. Approximately 17 neighbors attended the meeting on April 5, 2005, and expressed concerns over the project, which at the time, proposed two (2) farm employee housing units to be accessed off of Sidonia Street. Their main concerns centered on access off of Sidonia Street, increased traffic and a perceived loss in property value. In an effort to address the concerns raised at the CPP meeting, the applicant revised the project to one farm employee housing unit to be accessed off of Quail Gardens Drive. A follow-up letter was sent to citizens within the notification area notifying them that the project had been modified to the current proposal. No further correspondence was received. A standard public notification was issued for the Minor Use Permit application, which allowed for a 20-day comment period. The Planning and Building Department conducted an Administrative Public Hearing on October 2, 2006. No members of the public appeared at the public hearing to give testimony. No additional comments were received. This approval is based on the following findings: 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: The applicant requests approval of a Minor Use Permit and Coastal Development Permit to allow for the construction of a single-story farm employee housing unit and G:\NOD\05-053 mincdp.nod. doe -2- detached garage. The farm employee housing unit will be approximately 1,325 square feet with a maximum height of 12 feet, 6 inches. The garage will be approximately 484 square feet and will have a maximum height of approximately 18 feet. As per Section 6.2.2.C, Uses Permitted in the Agricultural Zone of the Encinitas Ranch Specific Plan, farm employee housing may be permitted by issuance of a Minor Use Permit. New farm employee housing shall not exceed 25 units within the overall Encinitas Ranch Specific Plan Area, including a maximum of 10 units within the Sidonia East Planning Area. Discussion: The Planning and Building Department has conducted an analysis of the application and has not identified any significant adverse impact to the subject property or surrounding properties which could result from the proposed use. The farm employee housing unit and garage will be located 1,129 feet off of the front (south) property line, 163 feet off of the side (east) property line, 487 feet off of the other side (west) property line and 24 feet off of the rear property line. The rear setback for residential uses in the Agricultural zone is 25 feet, however pursuant to Section 6.2.3.C, allowable building setbacks for farm employee housing shall be determined at the Minor Use Permit stage. Accessory buildings including garages may encroach 10 feet into the rear yard setback. The garage is located 24 feet from the rear property line. The subject lot is 21.49 acres in size and is developed with various agricultural structures. The farm employee housing unit will blend in with the existing agricultural use of the site. With the construction of the proposed farm employee housing unit, there will be a total of 2 units within the Sidonia East Planning Area. Based on the size of the project lot and the placement of the structures on the lot so as to not be visible to adjacent properties, the farm employee housing unit will not significantly impact neighboring properties. There are no environmental issues associated with the project, which the City has determined is exempt from environmental review pursuant to CEQA Guidelines Section 15303(a). Conclusion: The Planning and Building Director finds that the proposed project is compatible with the existing use on the subject property and neighboring properties, and will not adversely affect or be materially detrimental to adjacent uses or natural resources. 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 3. The project fails to comply with any.other regulations, conditions, or policies imposed by the Municipal Code. Facts: The applicant requests approval of a Minor Use Permit and Coastal Development Permit to allow for the construction of a farm employee housing unit with a 2-car detached garage. As per Section 6.2.2.C, Uses Permitted in the Agricultural Zone of the Encinitas Ranch Specific Plan, farm employee housing may be permitted by issuance of a Minor Use Permit. Discussion: With the approval of the Minor Use Permit application as conditioned, the proposed use complies with all applicable development standards. All applicable utilities and services are in place to support this development. The proposed use will have no adverse impact to the policies of the Encinitas Ranch Specific Plan, the General Plan or provisions of the Municipal Code. G:\NOD\05-053mincdp.nod.doc -3- Conclusion: The Planning and Building Director finds that the proposed project will not adversely affect the policies of the Encinitas Ranch Specific Plan, the Encinitas General Plan or the provisions of the Municipal Code. With approval of the Minor Use Permit application as conditioned, the project as proposed will comply with all regulations, conditions, and policies of the Municipal Code. 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 applicant requests approval of a Minor Use Permit and Coastal Development Permit to allow for the construction of a single-story farm employee housing unit and detached garage. The farm employee housing unit will be approximately 1,325 square feet with a maximum height of 12 feet, 6 inches. The garage will be approximately 484 square feet and will have a maximum height of approximately 18 feet. As per Section 6.2.2.C, Uses Permitted in the Agricultural Zone of the Encinitas Ranch Specific Plan, farm employee housing may be permitted by issuance of a Minor Use Permit. Discussion: Related to finding No. 1, with the approval of the Minor Use Permit 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 potentially significant adverse impacts to the environment are associated with the proposed project, and the project is categorically exempt from environmental review pursuant to Section 15303(a) of the California Environmental Quality Act (CEQA) Guidelines. 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 Director 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 categorically exempt from environmental review pursuant to Section 15303(a) of the California Environmental Quality G:\NOD\05-053mincdp.nod.doc -4- Act (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 15303(a) of the California Environmental Quality Act (CEQA) Guidelines. Section 15303(a) exempts one single-family residence, or a second dwelling unit in a residential zone. This approval is subject to the following conditions: SCI SPECIFIC CONDITIONS: SC2 At any time after two years from the date of this approval, on August 16, 2009 at 5:00 pm, or the expiration date of any extension granted in accordance with the Municipal Code, the City may require a noticed public hearing to be scheduled before the authorized agency to determine if there has been demonstrated a good faith intent to proceed in reliance on this approval. If the authorized agency finds that a good faith intent to proceed has not been demonstrated, the application shall be deemed expired as of the above date (or the expiration date of any extension). The determination of the authorized agency may be appealed to the City Council within 15 days of the date of the determination. SC6 This project is conditionally approved as set forth on the application and project drawings stamped received by the City on October 25, 2005, consisting of eight (8) sheets including Site Plan, Enlarged Site Plan, Farm Employee Housing Unit Elevations (2 sheets), Farm Employee Housing Unit Floor Plan, Garage Elevations, Garage Floor Plan and Preliminary Landscape Plan all designated as approved by the Planning and Building Director on August 16, 2007, and shall not be altered without express authorization by the Planning and Building Department. SCA Prior to building permit issuance, the applicant shall cause a fuel modification easement to the satisfaction of the Fire Marshal and the Planning and Building Director. SCB Prior to building permit issuance, the applicant shall provide an updated landscape plan which shall ensure that development landscaping does not include exotic plant species that may be invasive to native habitats. Exotic plant species not to be used include those species listed on Lists A & B of the California Invasive Plant Council's (Cal-IPC) list of "Exotic Pest Plants of Greatest Ecological Concern in California as of October 1999." This list includes such species as pepper trees, pampas grass, fountain grass, ice plant, myoporum, black locust, capeweed, tree of heaven, periwinkle, sweet alyssum, English ivy, French broom, Scotch broom, and Spanish broom. A copy of the complete list can be obtained from Cal-IPPC's web site at http://www.cal-ipc.org. In addition, landscaping should not use plants that require intensive irrigation, fertilizers, or pesticides adjacent to preserve areas and water runoff from landscaped areas should be directed away from the biological conservation easement area and contained and/or treated within the development footprint. The revised landscape plan shall be revised by the Fire Marshal and the Planning and Building Department prior to building permit issuance. G:\N0D\05-053mincdp.nod.doc -5- SCC Fuel modification shall consist of trimming vegetation by hand to no less than 18 inches above the natural grade. Native plants within the fuel modification area shall not be grubbed or removed. No heavy equipment shall be used for fuel modification purposes. SCD All outdoor lighting on the project site shall be directed away from the adjacent Magdalena County Park open space area. SCE The existing slope along the westerly side of the proposed farm worker housing shall be regraded to allow for proper drainage from the proposed structure. It shall be planted to prevent erosion. SCF The proposed AC driveway shall be designed to conduct runoff to landscape or turf area designated for storm water pollution control BMP. The areas for BMP shall be clearly shown with a shading symbol and shall be labeled as "Landscape area for storm water pollution control to be privately maintained and not to be modified without a permit from the City". The BMPs shall be designed and approved prior to issuance of any grading or building permit for the project. SCG The Farm Employee Housing Unit shall be removed or converted to another permitted use at such time as the agricultural activity to which it relates ceases operation for more than twelve (12) consecutive months. SCH The Farm Employee Housing Unit shall be occupied only by farm employees (and their families) engaged in the agricultural operation on the subject parcel as the primary dwelling. The Farm Employee Housing Unit shall not be otherwise occupied or rented. G1 STANDARD CONDITIONS: CONTACT THE PLANNING AND BUILDING DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): G2 This approval may be appealed to the City Council within 15 calendar days from the date of this approval in accordance with Chapter 1.12 of the Municipal Code. 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 Code and all other applicable City regul issuance unless specifically waived herein. G ANOM05-053 mincdp. nod. doc -6- compliance with any sections of the Municipal itions in effect at the time of Building Permit G12 Prior to any use of the project site pursuant to this permit, all conditions of approval contained herein shall be completed or secured to the satisfaction of the Planning and Building Department. 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 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. G19 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. 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. 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. U4 Nothing in this permit shall relieve the applicant from complying with conditions and regulations generally imposed upon activities similar in nature to the activity authorized by 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 of an amendment to the use permit and approval by the authorized agency. B 1 BUILDING CONDITION(S): CONTACT THE ENCINITAS BUILDING DIVISION REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): 132R 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 G:\NOD\05-053mincdp.nod.doc -7- 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. 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. G:\NOD\05-053mincdp.nod.doc -8- F9 POSTING OR STRIPING ROADWAYS "NO PARKING FIRE LANE": Fire Department access roadways, when required, shall be properly identified as per Fire Department standards. 1`10 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. F12 FUEL MODIFICATION ZONES/FIRE BREAKS: The applicant shall provide and maintain fire/fuel breaks to the satisfaction of the Encinitas Fire Department. Fire/fuel breaks size and composition shall be determined by the Fire Department and shown on the improvement/grading plans, final map, and building plans. 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. 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). F16 FIRE RESISTIVE CONSTRUCTION REQUIREMENTS FOR WILDLAND/URBAN INTERFACE AREAS: Structures shall meet all wildland/urban interface standards to the satisfaction of the Fire Department. As a minimum, structures shall meet the following fire resistive construction requirements: (1) Exterior wall surfacing materials shall be of non-combustible materials; (2) Glazing materials shall be tempered multi-pane glass panels; (3) Skylights within one-half mile of the wildland area shall be tempered glass; (4) Ventilation in exterior walls, attics and eaves, when allowed, shall meet Encinitas Fire Department requirements; (5) Projections such as eaves, balconies, carports, decks, patio covers etc., shall meet the Encinitas Fire Department requirements. When such appendages and projections are attached to the exterior fire resistive walls, they shall be constructed to maintain the fire resistive integrity of the wall; (6) Roof covering shall not be less than a class "A" roof assembly; (7) Vinyl windows, if used, shall meet the following requirements: (a) Frame and sash are comprised of vinyl material with welded corners; (b) Metal reinforcement in the interlock area; (c) Glazed with insulating glass, G:\NOD\05-053mincdp.nod.doc -9- annealed or tempered; (d) Frame and sash profiles are certified in AAMA Lineal Certification Program ( verified with either an AAMA product label or Certified Products Directory); and (e) Certified and labeled to ANSI/AAMA/NWWDA 101/1>S>2-97 for structural requirements; and (8) Structures shall have an automatic fire sprinkler system installed to the satisfaction of 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. 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. EG1 Grading Conditions EG14 A grading permit shall be obtained for this project unless the proposed grading is exempt under section 23.24.090 of the Municipal Code. If the proposed grading is exempt from permit requirement, the Owner shall provide a precise site plan prior to approval of a building permit. The building site plan shall provide design for drainage improvements, erosion control, storm water pollution control, and on-site pavement. EDl 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. 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 G:\NOD\05-053mincdp.nod.doc _10- 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/ Permit Site Plan shall identify all landscape areas designed for storm water pollution control (SWPC). A note shall be placed on the plans indicating that the BMPs are to be privately maintained and the facilities not modified or removed without a permit from the City. 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. 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, this decision maybe appealed to the City Council within fifteen (15) 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 15th calendar day following the date of this notice of decision. The action of the Planning and Building Director may not be appealed to the Coastal Commission. If you have any questions regarding this determination, please contact Kelly Morgan at the Planning and Building Department bytelephoning (760) 633-2697. z Patrick Murphy Planning & Building Director G:\NOD\05-053mincdp.nod.doc - 11 -