2008-062City of Encinitas
PLANNING AND BUILDING DEPARTMENT
505 South Vulcan Avenue
Encinitas CA 92024
(760) 633-2710
NOTICE OF DECISION
PBD-2008-62
October 7, 2008
This letter is to inform you that the Planning and Building Director has approved your application
for:
07-060 TPM/CDP (Brunswick) - The applicant requests approval of a Tentative Parcel
Map and Coastal Development Permit to subdivide a 2.07 gross acre property into four
single-family parcels and a remainder parcel. The proposed subdivision proposes
conceptual grading only. Single-family residences are not proposed at this time. A sewer
system to serve the parcels is proposed at this time. An existing dwelling will remain on
the remainder parcel. The project site is located at 1048 & 1050 Eolus Avenue in the
Residential 3 (R-3) zone and within the Coastal Zone (APN: 254-391-43 & 44).
Project Description and Discussion: The applicant requests to subdivide one parcel totaling
2.07 gross acres into four parcels and a remainder parcel. The proposed site has one street
frontage on Eolus Avenue. The subject site currently has a single-family dwelling (located at
1048 Eolus Avenue) on the southern portion of the property accessing directly off of Eolus
Avenue. The existing packing house for the agricultural business on site is located at 1050 Eolus
Avenue. Both the existing packing house and the entire green house operation (including the
structures) occupying most of the existing site will be demolished. The existing dwelling will
maintain all setbacks and development standards of the R-3 zoning designation on the proposed
remainder parcel.
The parcels as proposed will meet the minimum net lot area calculations required under the R-3
zoning designation. Parcel 1 is proposed at 14,561 sq. ft. net area with a pad elevation of 155.5
ft. Parcel 2 is shown at 20,843 sq. ft. net area with a pad elevation of 149.6 ft. Parcel 3 shows
16,442 sq. ft. net area with a pad elevation of 149.6 ft. Parcel 4 proposes 14,561 sq. ft. net area
and a pad elevation of 155.5 ft. The remainder parcel will have 14,537 sq. ft. net area. The
future homes will be measured from the proposed pad heights to a maximum height limit of 22
feet for flat roof designs and 26 feet for pitched roof designs as required in Chapter 30.16 of the
Encinitas Municipal Code.
The subject property is surrounded by existing single-family residential development. Most of
these existing residences are currently on septic systems. The project includes the construction
of a private road, including the installation of water and sewer mains to serve the proposed
parcels, a fire hydrant, underground gas, electric and cable utilities, and grading to improve
stormwater runoff control. This application proposes to provide a sewer lateral from Hygeia
Court easterly through multiple properties to serve the subject property. The applicant is
currently processing an application through the Local Agency Formation Commission (LAFCO)
TGM/PBD/g:\Nod\07-060tpmcdp.nod.doc - 1 -
or annexing the proposed sewer lateral into the Leucadia Waste Water District (LWWD) for
service. The proposed annexation involves the four subject parcels and the remainder parcel,
along with APN's: 254-262-11, 12, 34 and 35, and 254-391-29, 30, 31, 32 and 33.
The parcels slope down from Eolus Avenue to the west of the project site. A Hydrology Report
and Detention Basin Analysis were prepared by Tory R. Walker Engineering, Inc. on November
21, 2007 to access the peak flow rates for the existing and proposed conditions for the 100-year
storm. The analysis shows that there is sufficient detention capacity in the proposed detention
basins to reduce the post-development peak flow rates to the pre-development peak flow rates.
Retention capacity will also be provided onsite at acceptable levels. Storm water runoff from
this site flows to the northwest and southwest corners of the property where it will be collected in
detentions basins (shown on Parcel 2 and Parcel 3), passing over a vertical retention storm drain
pipe and into a flow distribution box for discharge. A proposed waterproofed retaining wall will
be constructed along the westerly boundary of Parcel 2 and Parcel 3 to further aide in retention
of water on the proposed development. Additionally, this wall will be constructed to a depth of
three-feet below (approximately an eight-foot deep wall) an existing terrace deposit layer to
prevent subsurface nuisance flows to affect the properties directly west.
A Phase I Environmental Site Assessment prepared by Christian Wheeler Engineering on July
25, 2007 was submitted to the City for review. The assessment was conducted to identify the
presence or likely presence, use, or release on the site of hazardous substances. Limited soil
sampling was conducted to assess residual pesticides in near surface soils and potential presence
of petroleum hydrocarbons beneath the green houses which exist on the subject site. Based upon
limited investigation, the potential for significant site contamination appears to be low according
to Christian Wheeler Engineering. A Preliminary Pesticide Evaluation prepared by Christian
Wheeler Engineering also on July 25, 2007 concluded "no significant risk" to the health or safety
of workers and residents. Additionally, it is Christian Wheeler Engineering's professional
opinion that no additional testing for pesticide residues should be necessary.
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, a CPP
meeting was held at the project site on July 29, 2007. The applicant reported that 21 residents
and property owners attended the meeting. Issues related to sewer connection, storm water, site
development, pad height, and how wildlife would be relocated if it exists on the site. The
applicant answered all questions and informed the attendees that a final report would be sent to
them.
Public Notice and Correspondence: A standard public notification was issued for the
application that allowed for a 20-day comment period. Staff conducted a noticed public hearing
on July 28, 2008 at Encinitas City Hall. Approximately 11 people attended the meeting to voice
concerns and general comments related to the project specifically on drainage and its relation to
their properties down stream. Additional correspondence from Mr. Beltran (neighboring directly
west) and Mr. and Mrs. Posner (neighboring northwest) expressed concerns regarding existing
surface and sub-surface storm water flows and how potentially these problems could be
remedied. Pesticide concerns were also outlined by neighboring property owners. Multiple
meetings were conducted after the public hearing with the applicant, staff and the concerned
neighboring property owners regarding these issues. These meetings concluded with letters
received from both neighbors (Posner's received on September 26, 2008 and Beltran's on
TGN"BD/g:\Nod\07-060tpmcdp.nod.doc -2-
September 30, 2008) concurring with the proposed drainage solution shown the approved
tentative parcel map sets dated September 29, 2008. Concerns related to pesticides have been
addressed in the Phase I Environmental Site Assessment and Preliminary Pesticide Evaluation
prepared by Christian Wheeler Engineering in which the conclusion resulted in no significant
health risk related to the project site.
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 one parcel totaling 2.07 gross acres into four
parcels and a remainder. The proposed site has one street frontage along Eolus Avenue.
The subject site currently has a single-family dwelling on the south portion of the
property accessing directly off of Eolus Avenue. A couple of detached accessory
structures and existing greenhouses occupy the majority of the site. The proposed parcel
map includes leaving the existing single-family dwelling on the remainder parcel. The
existing dwelling will maintain all setbacks and development standards of the R-3 zoning
designation on the proposed remainder parcel. The green houses and accessory buildings
will be demolished.
Discussion: The proposed subdivision will create four (4) parcels and a remainder parcel
that exceed the minimum requirements for lot dimensions and area. The four (4) proposed
residential parcels and remainder parcel on 2.07 gross acres yield a maximum density of
three (3) dwelling units per net acre or 5.58 total units which is 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 four (4) parcels and a remainder parcel 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
TGM/PBD/g:\Nod\07-060tpmcdp.nod.doc -3-
zone is 14,500 square feet and the minimum lot dimensions are eighty (80) feet in width and
one-hundred (100) feet in depth. No specific plan is applicable to the property.
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 right-of-way improvements, drainage, storm water facilities, and connection to sanitary
sewer, have been reviewed by the Engineering Services Department 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 four (4) parcels and a remainder parcel for single-family
residential development on 2.07 gross acres. The tentative parcel map does propose grading
and associated storm water improvements at this time. The existing single family residence
will remain on the remainder parcel. Single-family residential development is a permitted
use in the subject R-3 zone.
Discussion: The parcels will provide more than ample space for the single-family
residential units, including access and the provision of parking in compliance with
Municipal Code standards. The units will be required to comply with all applicable
development standards of the R-3 zone, including setbacks, after recordation of the final
parcel map.
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 two (2) gross acre area consisting of one
parcel into four (4) parcels and a remainder parcel for single-family residential
development. 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 property will be 1.85
net acres in area after deduction of a street dedication and could support 5.57 dwelling units.
The proposed subdivision will create four (4) parcels and a remainder parcel which meets
the minimum requirements for lot dimensions and area prescribed for the subject R-3 zone.
The parcels as proposed will meet the minimum net lot area calculations required under
the R-3 zoning designation. Parcel 1 is proposed at 14,561 sq. ft. net area with a pad
elevation of 155.5 ft. Parcel 2 is shown at 20,843 sq. ft. net area with a pad elevation of
TGM/PBD/g:\Nod\07-060tpmcdp.nod.doc -4-
149.6 ft. Parcel 3 shows 16,442 sq. ft. net area with a pad elevation of 149.6 ft. Parcel 4
proposes 14,561 sq. ft. net area and a pad elevation of 155.5 ft. The remainder parcel will
have 14,537 sq. ft. in net area. The four (4) proposed residential parcels and remainder
parcel on 1.85 net acres yield a density average of less than 3.0 dwelling units per net acre,
in compliance with the density standards of the subject R-3 zone and the slope-adjusted
density 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.
Facts/Discussion: The applicant proposes the subdivision of an existing 2.07 gross acre
property into four single-family parcels and a remainder parcel. The subject property is
located in a developed, urbanized area. The project is exempt from environmental review
pursuant to Section 15282(1), 15304(f) and 15315 of the California Environmental
Quality Act (CEQA) Guidelines. Section 15282(1) exempts the installation of new
pipelines or maintenance, repair, restoration, removal, or demolition of an existing
pipeline as set forth in Section 21080.21 of the Public Resources Code, as long as the
project does not exceed one mile in length. Section 15304(f) exempts minor public or
private alterations in the condition of land, water, and/or vegetation including minor
trenching and backfilling where the surface is restored. Section 15315 exempts the
division of property from environmental review when the division conforms with the
General Plan and zoning, no variances or exceptions are required, all services and access
to local standards is available, the parcel was not involved in a division of a larger parcel
within the previous 2 years, and the average slope of the parcel is less 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, with the proposal of a
tentative parcel map. No construction of single-family residences is proposed at this time.
The existing single-family residence will remain on the remainder parcel.
f. That the design of the subdivision or the type of improvements is likely to cause serious
public health problems.
Facts/Discussion: A Phase I Environmental Site Assessment and Preliminary Pesticide
Evaluation was prepared by Christian Wheeler Engineering on July 25, 2007 was
submitted to the City for review. The assessment was conducted to identify the presence
or likely presence, use, or release on the site of hazardous substances. Soil sampling was
conducted to assess residual pesticides in near surface soils and potential presence of
petroleum hydrocarbons beneath the green houses which exist on the subject site.
Conclusion: Based upon investigation, the potential for significant site contamination
appears to be low according to Christian Wheeler Engineering. A Preliminary Pesticide
TGM/PBD/g:\Nod\07-060tpmcdp.nod.doc -5-
Evaluation prepared by Christian Wheeler Engineering also on July 25, 2007 concluded
"no significant risk" to the health or safety of workers and residents. Based on that
assessment 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.
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 proposed subdivision will create four (4) parcels and a
TGM/PBD/g:\Nod\07-060tpmcdp.nod.doc -6-
remainder parcel which 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. The project is exempt from environmental review pursuant to
Section 15282(1), 15304(f) and 15315 of the California Environmental Quality Act
(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 Sections 15282(1), 15304(f) and 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 is exempt from environmental review pursuant to
Section 15282(1), 15304(f) and 15315 of the California Environmental Quality Act
(CEQA) Guidelines. Section 15282(1) exempts the installation of new pipelines or
maintenance, repair, restoration, removal, or demolition of an existing pipeline as set
forth in Section 21080.21 of the Public Resources Code, as long as the project does not
exceed one mile in length. Section 15304(f) exempts minor public or private alterations
in the condition of land, water, and/or vegetation including minor trenching and
backfilling where the surface is restored. Section 15315 exempts the division of property
from environmental review when the division conforms with the General Plan and
zoning, no variances or exceptions are required, all services and access to local standards
is available, the parcel was not involved in a division of a larger parcel within the
previous 2 years, and the average slope of the parcel is less than 20 percent.
This approval is subject to the following conditions:
SC1 SPECIFIC CONDITIONS:
SC4 Approval of the Tentative Parcel Map and Coastal Development Permit and all associated
permits will expire on October 7, 2010 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.
TGM/PBD/g:\Nod\07-060tpmcdp.nod.doc -7-
SC6 This project is conditionally approved as set forth on the application and project drawings
stamped received by the City on September 29, 2008, consisting of two (2) sheets showing
the Tentative Parcel Map/Preliminary Grading Plan and Sewer Extension Plan, all
designated as approved by the Planning and Building Director on October 7, 2008, and shall
not be altered without express authorization by the Planning and Building Department.
SCA Prior to recordation of the final map, the following conditions shall be fulfilled/completed to
the satisfaction of the Engineering Services Department:
1. The existing overhead . utilities along the property frontage shall be
undergrounded. The owner/applicant shall provide any necessary offsite
transition to the adjacent overhead utilities. The owner/applicant shall obtain
from SDGE an estimate for the undergrounding work, and prior to issuance of a
grading or improvement permit for the project and prior to recordation of the
Parcel Map, payment shall be made to SDGE or surety in the amount of the
SDGE work order posted with the City to ensure the performance of the
undergrounding work. The undergrounding work shall be performed prior to
issuance of any building permit for the project.
2. Prior to recordation of the final parcel map the applicant shall grant a public sewer
easement to Leucadia Waste Water District (LWWD) and sewer improvement
plans shall be approved and bonded.
3. The owner/applicant shall provide two vertical seepage pits, one at the
northwesterly corner of the property and the second one at the southwesterly
property corner. Flows from the proposed cul-de-sac shall be captured in a ditch
and routed to the two seepage pits. The seepage pits are intended to mitigate low
flow and dry season flow into adjacent properties. The vertical seepage pits shall
be minimum 12" in diameter as shown on the preliminary plan. The pits shall be
lined with 12" PVC pipe. The PVC pipe shall be solid for the upper 18' and
perforated below 18' depth. The vertical seepage pits shall be filled with 3"
crushed rock and the discharge into the seepage pit shall be designed to the
satisfaction of the City Engineer.
SCB Prior to recordation of the final map, the following conditions shall be fulfilled/completed to
the satisfaction of the San Dieguito Water District:
1. The subject property is currently being served by 2", 1 %2", and 3/4" water meters.
Upon development, each parcel will be required to be individually metered. The
owner may downsize the existing 2" and 1 V" meters and apply capacity credit
toward the installation of new meters. This must be done prior to the sale of any lot.
Once a lot is sold, capacity credit cannot be transferred to that lot. All meters that
will receive capacity credit must be paid for an installed at one time. Prior to map
recordation, the owner is required to provide the District with a written statement
indicating which lots will receive capacity credit and/or meters.
TGM/PBD/g:\Nod\07-060tpmcdp.nod.doc -8-
2. The District will require that water in be located in the 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.
3. The owner/applicant is required to comply with the District's fees, charges, rules and
regulations, including installation of any required on-site and off-site facilities.
SCC The owner/developer shall hire a rodent exterminator prior to removing the existing
greenhouses on site. The greenhouses shall be removed after the site is deemed clear of
rodents by the exterminator to the satisfaction of the Planning and Building Department.
SCD A 45-foot visibility triangle shall remain unobstructed at the intersection of Eolus Avenue
and the proposed private street to the satisfaction of the Traffic Engineering Division. Any
future fence, wall, etc., shall be offset a minimum of ten-feet from the Eolus Avenue edge of
roadway.
Gl 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.
M2 All project grading shall conform with the approved Tentative Parcel Map. In cases where
no grading is proposed at the time of the Tentative Parcel Map, or in cases where the
grading plan later submitted is not consistent with the approved Tentative Parcel Map, the
applicant shall be required to obtain a design review permit for grading prior to issuance of
grading permits.
M4 The property owner/developer shall obtain design review permits through the City for
homes to be constructed on the lots resulting from the approved map, as well as all related
site improvements. If the property owner/developer elects to develop the lots resulting from
the approved final map as custom home sites, the design review permit requirement may be
waived by the Planning and Building Department pursuant to Section 23.08.030 (7) of the
Municipal Code. The property owner/developer is advised to contact the Planning and
Building Department at such time as development of the subject property is planned to
determine whether a design review permit will be required. A standard covenant specifying
this condition shall be recorded in the Office of the County Recorder to give constructive
notice to future purchasers of the site.
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.
M7 The approved grade and/or pad elevations shown on the approved tentative map or tentative
parcel map shall be used as the basis for measuring the height of all structures to be
constructed on the resulting lots in accordance with Section 30.16.010 B 6 (d) of the
TGM/PBD/g:\Nod\07-060tpmcdp.nod.doc -9-
Municipal Code, with said grade/pad elevations having been established with consideration
given to on-site and surrounding uses and terrain..
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.
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
Final Map approval to the satisfaction of the Planning and Building and Engineering
Services Departments. The applicant is advised to contact the Planning and Building
Department regarding Park Mitigation Fees, the Engineering Services Department regarding
Flood Control and Traffic Fees, applicable School District(s) regarding School Fees, the Fire
Department regarding Fire Mitigation/Cost Recovery Fees, and the applicable Utility
Departments or Districts regarding Water and/or Sewer Fees.
G14 A plan shall be submitted for approval by the Planning and Building Department, the
Engineering Services Department, and the Fire Department regarding the security treatment
of the site during the construction phase, the on- and off-site circulation and parking of
construction workers' vehicles, and any heavy equipment needed for the construction of the
project.
F1 FIRE CONDITIONS:
CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE WITH
THE FOLLOWING CONDITION(S):
F2 ACCESS ROAD MINIMUM DIMENSIONS: Fire apparatus access roads shall have
an unobstructed improved width of not less than 24 feet; curb line to curb line, and an
unobstructed vertical clearance of not less than 13 feet 6 inches. Exception: Single-
Family residential driveways; serving no more than four single-family dwellings, shall
have minimum of 16 feet, curb line to curb line, of unobstructed improved width. Access
roads shall be designed and maintained to support the imposed loads of not less than
75,000 pounds.
TGM/PBD/g:\Nod\07-060tpmcdp.nod.doc _10-
F4 DEAD ENDS: All dead-end fire access roads in excess of 150 feet in length shall be
provided with approved provision for the turning around of emergency apparatus. A cul-
de-sac shall be provided in residential areas where the access roadway serves more than
four (4) structures. The minimum unobstructed paved radius width for a cul-de-sac shall
be 72 feet in residential areas with no parking.
F9 POSTING OR STRIPPING ROADWAYS "NO PARKING FIRE LANE": Fire
Department access roadways, when required, shall be properly identified as per Encinitas
Fire Department standards.
F11 FIRE HYDRANTS AND FIRE FLOWS: The applicant shall provide fire hydrants of
a type, number, and location satisfactory to the Encinitas Fire Department. A letter from
the water agency serving the area shall be provided that states the required fire now is
available. Fire hydrants shall be of a bronze type. Multi-family residential or industrial
fire hydrants shall have two (2) 4" inch and two (2) 2 %i" inch NST outlets. Residential
fire hydrants shall have one (1) 4" inch NST outlet, and one (1) 21/2" inch NST outlets.
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.
E3 All drawings submitted for Engineering permits are required to reference the NAVD 88 datum; the
NGVD 29 datum will not be accepted.
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 Separate grading plans shall be submitted and approved and separate grading permits
issued for borrow or disposal sites if located within city limits.
TGM/PBD/g:\Nod\07-060tpmcdp.nod.doc - 11 -
EG6 Separate grading plans shall be submitted and approved and separate grading permits
issued for borrow or disposal sites if located within city limits.
EG7 All newly created slopes within this project shall be no steeper than 2:1.
EG8 A soils/geological/hydraulic report (as applicable) shall be prepared by a qualified
engineer licensed by the State of California to perform such work. The report shall be
submitted with the first grading plan submittal and shall be approved prior to issuance of
any grading permit for the project.
EG9 Prior to hauling dirt or construction materials to any proposed construction site within this
project the owner shall submit to and receive approval from the Engineering Services
Director for the proposed haul route. The owner shall comply with all conditions and
requirements the Engineering Services Director may impose with regards to the hauling
operation.
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.
TGM/PBD/g:\Nod\07-060tpmcdp.nod.doc -12-
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.
EUl Utilities
EU2 The owner shall comply with all the rules, regulations, and design requirements of the
. respective utility agencies regarding services to the project.
EU3 The owner shall be responsible for coordination with S.D.G. & E., AT&T, and other
applicable authorities.
EU4 All proposed utilities within the project shall be installed underground including existing
utilities unless exempt by the Municipal Code.
EU5 The owner shall be responsible for the relocation and undergrounding of existing public
utilities, as required.
ES 1 Street Conditions
ES2 A registered Civil Engineer or a licensed land surveyor shall provide a signed statement that:
"The existing private roads of access to the project are within the easements for the benefit
of the land division".
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.
ES8 The design of all private driveways and drainage systems shall be approved by the
Engineering Services Director prior to issuance of any grading or building permit for this
project. The structural section of all private streets shall conform to City of Encinitas
Standards based on R-value tests. The standard improvement plan check deposit is required.
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
TGN"BD/g:\Nod\07-060tpmcdp.nod.doc -13-
maximum flow distance over grass and non-erodible 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. Hrdscaped 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/Final Map 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.
EMI Map
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.
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 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.
If you have any questions regarding this determination, please contact Todd Mierau at the Planning
and Building Department by telephoning (760) 633-2693.
c>/
/Patrick Murphy
Planning & Building Director
TGM/PBD/g:\Nod\07-060tpmcdp.nod.doc -14-