2008-39RESOLUTION NO. PC 2008-39
A RESOLUTION OF THE CITY OF ENCINITAS PLANNING COMMISSION
APPROVING A COASTAL DEVELOPMENT PERMIT FOR THE DEMOLITION OF
AN EXISTING THREE-STORY, 12-UNIT APARTMENT BUILDING AND THE
CONSTRUCTION OF A NEW TWO-STORY SINGLE-FAMILY DWELLING UNIT
FOR THE PROPERTY LOCATED AT 708 FOURTH STREET (LOT 1).
(CASE NO. 07-022 CDP; APN: 258-153-12 (LOT 1))
WHEREAS, a request for consideration of a Coastal Development Permit was filed by
Carlos Wellman, property owner, to allow the demolition of an existing three-story 12-unit
apartment building and the construction of a new two-story single family residence in accordance
with Chapters 30.34 (Special Purpose Overlay Zones) and 30.80 (Coastal Development Permit) of
the Encinitas Municipal Code, for the property located within the D-R15 (Residential 15) Zoning
District of the Downtown Encinitas Specific Plan Area, the Coastal Bluff Overlay Zone and the
California Coastal Commission Appeal Jurisdiction of the Coastal Zone, legally described as:
LOT 1 IN BLOCK 39 OF FARRAR'S SUBDIVISION, IN THE CITY OF ENCINITAS,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 42, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, MARCH 21, 1887.
TOGETHER WITH THE WEST 5 FEET OF PEPPERTREE LANE (FORMERLY
FOURTH STREET) ADJACENT ON THE EAST AS VACATED AND CLOSED TO
PUBLIC USE BY RESOLUTION NO. 2003-10, BY THE CITY COUNCIL OF THE
CITY OF ENCINITAS, RECORDED MARCH 25, 2003 AS FILE NO. 2003-332099 OF
OFFICIAL RECORDS.
EXCEPTING ANY PORTION NOW OR HERETOFORE LYING BELOW THE
ORDINARY HIGH TIDE LINE OF THE PACIFIC OCEAN.
. WHEREAS, the Planning Commission conducted a noticed public hearing on the
application on December 18, 2008, at which time all those desiring to be heard were heard; and
WHEREAS, the Planning Commission considered, without limitation:
1. The December 18, 2008 agenda report to the Planning Commission with
attachments;
2. The General Plan, Local Coastal Program, Downtown Encinitas Specific Plan,
Municipal Code and associated Land Use Maps;
3. Oral evidence submitted at the hearing;
4. Written evidence submitted at the hearing;
5. Project drawings consisting of 11 sheets, including Site Plan, Grading Plan,
Basement Floor Plan, Main Level Floor Plan, Upper Level Floor Plan, Roof Plan,
Building Sections, Elevation (East & West), Elevations (North & South), Existing &
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New Streetscape and Conceptual Landscape and h-rigation Plan; all stamped
received by the City of Encinitas on November 4, 2008; and
WHEREAS, the Planning Commission made the following findings pursuant to Chapters
30.34 (Special Purpose Overlay Zones) and 30.80 (Coastal Development Permit) of the Encinitas
Municipal Code:
(SEE ATTACHMENT "A")
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Encinitas hereby approves application No. 07-022 CDP subject to the following conditions:
(SEE ATTACHMENT "B")
BE IT FURTHER RESOLVED that the Planning Commission, in its independent,
judgment, finds that this project is categorically exempt from environmental review pursuant to
Sections 15303(a) and 15332, which categorically exempt the construction of a new single
family residence and in-fill developments consistent with the applicable general plan and zoning
designations and regulations.
PASSED AND ADOPTED this 18t1i day of December, 2008, by the following vote, to wit:
AYES: Chapo, Felker, McCabe, Steyaert & Van Slyke
NAYS: None
ABSENT: None
ABSTAIN: None
Virgi a Felker, Chair of the
Encinitas Planning Commission
ATTEST:
Patrick Murphy
Secretary
NOTE: This action is subject to Chapter 1.04 of the Municipal Code, which specifies time limits
for legal challenges.
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ATTACHMENT "A"
Resolution No. PC 2008-39
Case No. 07-022 CDP
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:
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
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 project proposes the demolition of an existing 12-unit apartment building and
the construction of a 4,521-square foot two-story single family dwelling unit with 724
square feet of garage and 2,121 square feet of basement area. The existing apartment
building has been vacant since February 3, 2006. The applicant/owner has provided copies
of eviction notices that were issued to the tenants and posted on each unit on January 4,
2006. Therefore; the proposed demolition of the existing 12-unit apartment building is
exempt from the affordable unit replacement requirements of Section 65590 of the
California Government Code. The project site does not currently provide access to the
shore, and the project does not propose any public access or public recreational facilities.
However, remnants of a dilapidated stairway exist on the face of the bluff. The project is
conditioned for the stairway structure to be removed. Policy 1.6 of the Public Safety
Element of the General Plan stipulates that all new construction shall be designed and
constructed such that it could be removed in the event of endangerment and the applicant
shall agree to participate in any comprehensive plan adopted by the City to address coastal
bluff recession and shoreline erosion problems in the City.
Discussion: As to the findings above, the proposed project is consistent with the
development standards and findings set forth in Sections 30.34.020C1 and 30.34.020D
(Coastal Bluff Overlay Zone) of the Municipal Code. In conformance with Policy 1.6.of the
Public Safety Element of the General Plan, the owners have submitted a statement noting
that they agree to participate in any comprehensive plan adopted by the City to address
coastal bluff recession and shoreline erosion problems in the City. Additionally, the
statement noted that the project could be moved, either as a unit or as structurally separable
units. This in, no way represents. a commitment on the part of the owner or owner's
successors to remove the structure(s) at any time. The project is in conformance with the
development standards of the Downtown Encinitas Specific Plan, Municipal Code, the
General Plan and the Local Coastal Program. The project will not cause significant negative
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impacts to the surrounding area and the project will not adversely impact public coastal
access.
Public access or public recreational facilities are not feasible given the project site's
condition as a blufftop residential property. Therefore, no condition requiring public access
is imposed with this approval. Public access to the shore is available in the near vicinity at
D Street. Since there was no public access through the property prior to this application, the
ability of the public to access the shore is not adversely impacted with this application.
Conclusion: The Planning Commission finds that 1) the project is consistent with the
certified Local Coastal program of the City of Encinitas; 2) the project as proposed will not
have a significant effect on the environment, and 3) providing public access or recreational
facilities is not feasible or appropriate for a project of this type or scale.
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ATTACHMENT "B"
Resolution No. PC 2008-39
Case No. 07-022 CDP
Applicant: Carlos Wellman
Location: 708 Fourth Street (Lot 1) (APN: 258-153-12)
SCI SPECIFIC CONDITIONS:
SC2 At any time after two years from the date of this approval, on December 18, 2010 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 maybe appealed to the
City Council within 15 days of the date of the determination.
SC5 This project is conditionally approved as set forth on the application dated received by the
City on February 26, 2007 and project drawings stamped received by the City on November
4, 2008, consisting of 11 sheets, including Site Plan, Grading Plan, Basement Floor Plan,
Main Level Floor Plan, Upper Level Floor Plan, Roof Plan, Building Sections, Elevation
(East & West), Elevations (North & South), Existing & New Streetscape and Conceptual
Landscape and Irrigation Plan, and shall not be altered without express authorization by the
Planning and Building Department.
SCA The following conditions shall be completed and/or fulfilled to the satisfaction of the
Engineering Services Department prior, to issuance of grading and/or building permits:
1. The applicant shall provide public improvements to the satisfaction of the City
Engineer along the property frontage to Fourth Street. The improvements shall
include 16' of pavement from centerline, a flush curb, a 6' wide swale behind the
flush curb, and a 5' wide sidewalk behind the swale. The swale shall be a grassy
swale reinforced with Turf Block modular concrete turf reinforcement and underlain
by 2" of clean sand over 6" of class II base material. The applicant shall submit a
public improvement plan for review and approval by the Engineering Department.
Securities for the public improvement shall be in place prior to issuance of. any
improvement, grading, or building permit for the project.
2. No runoff shall be allowed over the bluff. The property shall be graded to drain to
Fourth Street. If surface drainage to Fourth Street is not possible, the applicant shall
install a dual pump system to collect runoff before it flows over the bluff and safely
conduct it to Fourth Street. The proposed pump system shall be designed to the
satisfaction of the City Engineer and approved prior to issuance of any grading or
building permit for the project.
3. Sanitary sewer is available to service this property. The proposed home shall be
connected to the sanitary sewer system. If providing sewer to the proposed basement
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area will necessitate a sewer pump system, the applicant shall provide a private
manhole on the private property, pump to the manhole, and gravity flow to the main.
4. BMP measures shall be designed by the engineer and approved by the City Engineer
prior to issuance of any grading or building permit for this project. The grading plan
shall include BMP treatment measures to ensure that all runoff from proposed roof,
paved, or hardsurface areas is routed across natural areas for filtration prior to
discharge onto the public street. Area drains may not be installed within the
hardsurface areas unless runoff from the drains is released to a natural area for
treatment prior to discharge from the private property.
5. The applicant shall provide a barricade to the satisfaction of the City Engineer in
order to prevent vehicular entry to the area above the bluff at the termination of F
Street.
SCB To the satisfaction of the San Dieguito Water District, the applicant shall comply with the
following conditions:
1. The subject property is currently being served by two (2) 1" water meters. Upon
development, each lot will be required to be individually metered. The owner is
required to provide the District with written statement indicating which meter will
remain with the corresponding lot.
2. The developer will be required to show all existing and proposed water facilities on
improvement or grading plans for District Approval.
3. The developer is required to comply with the District's fees, charges, rules and
regulations.
4. The district will require that water meters be located in front of the lot they are
serving and outside of any existing or proposed travel way. Cost of relocation is the
responsibility of the developer.
SCC No permanent irrigation shall be permitted within the 40-foot coastal bluff edge setback.
SCD The existing dilapidated stairway structure and materials on the face of the coastal bluff
shall be removed within 30 days of this approval.
SCE All landscaping plant materials proposed shall be of native species.
SCF No continuous footings shall be, allowed within the required 40-foot coastal bluff setback.
SCG A drilled pier footing system is proposed as part of the foundation of the structure outside
of the 40-foot coastal bluff setback. Should the footing system become exposed in the
future, the owner or owner's successors, shall bring the exposed footing system into
compliance with the City of Encinitas Bluff Preemptive Measure Appearance Policy by
proposing shotcrete facing on the exposed footing system to be hand sculpted and colored
to simulate the natural surface characteristics of the existing and adjacent geologic
formations. Landscaping will also be required to minimize visual impacts of the exposed
system. The required improvements shall. be subject to the City of Encinitas applicable
discretionary review process.
SCH The applicant shall submit building permit plans for the demolition of the existing
apartment building. The plans shall clearly indicate the removal methodology of existing
structure including building foundation and footings. The demolition permit plans shall
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be reviewed and approved by the Planning and Building Department and the City of
Encinitas Geotechnical Engineering Consultant GeoPacifica prior to issuance of
demolition permit.
SCI The use of jackhammer tools during the demolition of the existing apartment building
shall be prohibited.
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.
G3 This project is located within the Coastal Appeal Zone and may be appealed to the
California Coastal Commission pursuant to Coastal Act Section 30603 and Chapter 30.04
of the City of Encinitas Municipal Code. An appeal of the Planning Commission's
decision must be filed with the Coastal Commission within 10 days following the Coastal
Commission's receipt of the Notice of Final Action. Applicants will be notified by the
Coastal Commission as to the date the Commission's appeal period will conclude.
Appeals must be in writing to the Coastal Commission, San Diego Coast District office.
G4 Prior to building permit issuance the owner shall cause a covenant regarding real property
to be recorded. Said covenant shall set forth the terms and conditions of this grant of
approval and shall be of a form and content satisfactory to the Planning and Building
Director. The Owner(s) agree, in acceptance of the conditions of this approval, to waive any
claims of liability against the City and agrees to indemnify, hold harmless and defend the
City and City's employees relative to the action to approve the project.
G5 Approval of this request shall not waive compliance with any sections of the Municipal
Code and all other applicable City regulations in effect at the time of Building Permit
issuance unless specifically. waived herein.
G7 Prior to issuing a final inspection on framing, the applicant shall provide a survey from a
licensed surveyor or a registered civil engineer verifying that'the building height is in
compliance with the approved plans. The height certification/survey shall be supplemented
with a reduced (8 x 11") copy of the site plan and elevations depicting the exact point(s)
of certification. The engineer/surveyor shall contact the Planning and Building Department
to identify and finalize the exact point(s) to be certified prior to conducting the survey.
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
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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.
BL1 Owner(s) shall enter into and record a covenant satisfactory to the City Attorney waiving
any claims of liability against the City and agreeing to indemnify and hold harmless the City
and City's employees relative to the approved project. This covenant is applicable to any
bluff failure and erosion resulting from the development project.
BL2 The applicant shall execute and record a covenant to the satisfaction of the Planning and
Building Department setting forth the terms and conditions of this approval prior to the
issuance of building permits. Said covenant shall also provide that the property owner shall
be responsible for maintaining the approved structure(s) in good visual and structural
condition in a manner satisfactory to the Directors of Engineering Services and Planning and
Building.
BL3 An "as-built geotechnical report" shall be submitted to the Planning and Building and
Engineering Services Departments, for review and acceptance, prior to approval of the
foundation inspection. The report shall outline all field test locations and results, and
observations performed by the consultant during construction of the proposed structure(s),
and especially relative to the depths and actual location of the foundations. The report shall
also verify that the recommendations contained in the Geotechnical Investigation Report,
prepared and submitted in conjunction with the application, have been properly
implemented and completed.
BL4 An "as-built geotechnical report", reviewed and signed by both the soils/geotechnical
engineer and the project engineering geologist, shall be completed and submitted to the City
within 15 working days after completion of the project. The project shall not be considered
complete (and thereby approved for use or occupancy) until the as-built report is received
and the content of the report is found acceptable by the Planning and Building and
Engineering Services Departments.
B 1 BUILDING CONDITION(S):
CONTACT THE ENCINITAS BUILDING DIVISION REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITION(S):
B2R The applicant shall submit a complete set of construction plans to the Building Division for
plancheck processing. The submittal shall include a Soils/Geotechnical Report, structural
calculations, and State Energy compliance documentation (Title 24). Construction plans
shall include a site plan, a foundation plan, floor and roof framing plans, floor plan(s),
section details, exterior elevations, and materials specifications. Submitted plans must show
compliance with the latest adopted editions of the California Building Code (The Uniform
Building Code with California Amendments, the. California Mechanical, Electrical and
Plumbing Codes). These comments are preliminary only. A comprehensive plancheck will
be completed prior to permit issuance and additional technical code requirements may be
identified and changes to the originally submitted plans may be required.
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F1 FIRE CONDITIONS:
CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITION(S):
F10 OBSTRUCTION OF ROADWAYS DURING CONSTRUCTION: All roadways
shall be a minimum of 24 feet in width during construction and maintained free and clear,
including the parking of vehicles, in accordance with the California Fire Code and the
Encinitas Fire Department.
F13 ADDRESS NUMBERS: STREET NUMBERS: Approved numbers and/or addresses
shall be placed on all new and existing buildings and at appropriate additional locations
as to be plainly visible and legible from the street or roadway fronting the property from
either direction of approach. Said. numbers shall contrast with their background, and
shall meet the following minimum standards as to size: 4" high with a 3/8" stroke for
residential buildings, 8" high with a V stroke for commercial and multi-family
residential buildings, 12" high with a 1" stroke for industrial buildings. Additional
numbers shall be required where deemed necessary by the Fire Marshal, such as rear
access doors, building corners, and entrances to commercial centers.
F15A AUTOMATIC FIRE SPRINKLER SYSTEM-ONE AND TWO FAMILY
DWELLINGS: 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 the issuance of
building permit(s).
F18 CLASS "A" ROOF: All structures shall be provided with a Class "A" Roof covering 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.
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 deemed 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.
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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.
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 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.
ES1 Street Conditions
ES5 Prior to any work being performed in the public right-of-way, a right-of-way construction
permit shall be obtained from the Engineering Services Director and appropriate fees paid,
in addition to any other permits required.
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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.
EU4A The existing overhead utilities service to the property shall be undergrounded.
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/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.
ECB 1 Coastal Bluff Conditions
EC132 In order to prevent any runoff from discharging over the coastal bluff, a drainage
collection system shall be designed to intercept all the on-site. runoff. The runoff shall be
directed to a holding tank/wet well. The wet-well pump system shall be designed to
handle a 50-year storm event and must be pumped onto a street or into a controlled storm
drain system. No storm or irrigation water shall flow over the bluff edge.
ECB3 If an automatic irrigation system is proposed for this project, it shall be designed to avoid
any excess watering. The system shall also be designed to automatically shut off in case
of a pipe break. Automatic shut-off system, moisture shut-off sensors, and other
advanced controls will be required for the installation of an automatic irrigation system.
The automatic irrigation system, shut-off systems, or any other system controls shall not
be allowed within the 40-foot coastal bluff setback. Only hand-held irrigation is
permitted within the 40-foot coastal bluff setback.
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EB1: Underground Basement/ Garage Conditions
E133 The developer shall design and have approved the shoring and construction dewatering
systems necessary for the construction of the underground garage prior to issuance of any
grading permit for the project.
EB4 No permanent dewatering system shall be allowed for the underground garage. The
underground garage shall be designed to withstand the hydrostatic pressure without any
dewatering.
E135 If temporary shoring with tie-backs will be utilized for construction of the basement
garage, the tie-backs could potentially encroach into the public right-of-way. If tie-backs
within the public right-of-way are proposed, the applicant shall meet the following
requirements:
a. A permanent encroachment permit shall be obtained with a minimum of $1
million liability insurance.
b. The tie-backs shall be placed a minimum of 5 feet below the lowest public
utilities and a minimum of 10 feet below the finished surface elevation at the
property line.
C. All the existing utilities within the public right-of-way shall be potholed by the
developer and the actual location shall be shown on the proposed grading and
improvement plans.
d. Shoring sheet piles, soldier beams, and lagging shall. be within the private
property and shall not encroach into the public right-of-way.
e. A structural calculation shall be submitted for temporary shoring for Engineering
review and approval prior to issuance of a grading permit.
f. If phased construction is proposed for the grading and shoring operation, the
phasing sequence shall be shown on the grading plan.
g. An adequate performance bond shall be provided for the grading and shoring.
The engineer's cost estimate for the purpose of bonding shall also include an item
for the complete backfill of the excavated basement area.
h. Grading and building permits shall be processed concurrently. No grading permit
will be issued unless the building plancheck is complete and the project is ready
for building permit issuance.
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