2009-045 Fire Station BirminghamRESOLUTION 2009-45
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS
APPROVING A DESIGN REVIEW PERMIT AND COASTAL DEVELOPMENT PERMIT TO
CONSTRUCT A NEW FIRE STATION AND ASSOCIATED IMPROVEMENTS FOR A
PROPERTY LOCATED AT 618 BIRMINGHAM DRIVE.
(CASE NO. 08-116 DR/CDP; APNS: 260-317-09 & -10)
WHEREAS, a request for consideration of a Design Review Permit and Coastal Development
Permit was filed by the City of Encinitas to allow for the construction of a new fire station (known as Fire
Station No. 2) on an existing property fronting Birmingham Drive, in accordance with Chapter 23.08
(Design Review) and Chapter 30.80 (Coastal Development Permit) of the Encinitas Municipal Code, for
the property located in the Limited Visitor Serving Commercial (L-VSC) zone in the Cardiff-by-the-Sea
Community, legally described as:
(SEE ATTACHMENT "A")
WHEREAS, the Planning Commission conducted a noticed public hearing on the application on
July 16, 2009, at which no action was taken due to a tie vote (2-2-1); and
WHEREAS, the City Council conducted a noticed public hearing on the application on August
26, 2009, at which time all those desiring to be heard were heard; and
WHEREAS, the City Council considered, without limitation:
The August 26, 2009 agenda report to the City Council with attachments;
2. The General Plan, Municipal Code, Local Coastal Program, and associated Land Use
Maps;
3. Oral evidence submitted at the hearing;
4. Written evidence submitted at the hearing;
Project drawings consisting of 15 sheets, including Title Sheet, Record of Survey,
Topography Survey, Schematic Grading Plan, Schematic Intersection Plan, Landscape
Plan, Sections, Site Plan, Floor Plans and Exterior Elevations (four (4) sheets), all
stamped received by the City of Encinitas on June 4, 2009 and two (2) revised Colored
Elevation sheets (A2.Oa and A2.1 a) superseding the east elevation sound wall design
shown in the June 4, 2009 plans, dated received by the City of Encinitas on August 24,
2009; Colored Elevations and Materials Board (Received June 4, 2009); and
WHEREAS, the City Council made the following findings pursuant to Chapter 23.08 (Design
Review) and Chapter 30.80 (Coastal Development Permit) of the Encinitas Municipal Code:
(SEE ATTACHMENT "B")
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Encinitas hereby
approves application Case No. 08-116 DR/CDP subject to the following conditions:
(SEE ATTACHMENT "C")
PBD/TGM/t:\Resolutions\RCC08-116DRCDP
ATTACHMENT "A"
Resolution No. 2009-45
Case No. 08-116 DR/CDP
LEGAL DESCRIPTION
PARCEL l:
ALL OF LOT "S", BLOCK 2, CARDIFF ACRES, IN THE CITY OF ENCINITAS, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1680, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915.
EXCEPTING THEREFROM THE NORTHERLY 76 FEET THEREOF.
ALSO THE EASTERLY 5 FEET OF LOTS "A" AND "B", BLOCK 2, CARDIFF ACRES,
ACCORDING TO MAP THEREOF NO. 1680, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915.
EXCEPTING THEREFROM LOTS "A" AND "S" THOSE PORTIONS THEREOF LYING
SOUTHEASTERLY AND SOUTHERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT "S" SAID CORNER
HAVING COORDINATES X-1, 685,823.11 FEET, Y-314,369.90 FEET; THENCE ALONG
SOUTHEASTERLY LINE OF SAID LOT "S", SOUTH 33°54'29" WEST, 29.35 FEET; THENCE
LEAVING SAID SOUTHEASTERLY LINE SOUTH 11°58'40" EAST 37.17 FEET; THENCE
SOUTH 67°41'43" WEST 321.42 FEET TO THE WESTERLY LINE OF THAT PARCEL OF
LAND CONVEYED TO WILLIAM F. GREGORY, ET UX. BY DEED RECORDED NOVEMBER
25, 1958 IN BOOK 7365, PAGE 580 OF SAID OFFICIAL RECORDS; THENCE ALONG SAID
WESTERLY LINE SOUTH 1°25'28" WEST 42.27 FEET TO THE SOUTHWESTERLY CORNER
OF SAID PARCEL CONVEYED TO WILLIAM F. GREGORY, ET UX.
PARCEL 2:
THOSE PORTIONS OF LOTS "P", "Q", "R" AND "S" IN BLOCK 2 OF CARDIFF ACRES, IN
THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 1680 ON FILE IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, LYING NORTHWESTERLY OF THE FOLLOWING
DESCRIBED LINE:
BEGINNING AT A 3/4 INCH IRON PIPE WITH TAG STAMPED L.S. 2717 MARKING THE
SOUTHWESTERLY CORNER OF THAT PARCEL OF LAND CONVEYED TO THE STATE OF
CALIFORNIA BY DEED RECORDED AUGUST 29, 1961 AS FILE/PAGE NO. 150253 ON FILE
IN THE OFFICE OF THE RECORDER OF SAID COUNTY; THENCE ALONG THE
FOLLOWING NUMBERED COURSES (1) ALONG THE SOUTHERLY LINE OF SAID STATE
LAND SOUTH 88°42'08" EAST 197.00 FEET TO A POINT ON THE NORTHWESTERLY LINE
OF BIRMINGHAM DRIVE 40 FEET WIDE AS SAID DRIVE IS SHOWN ON SAID MAP NO.
1680; (2) ALONG SAID NORTHWESTERLY LINE NORTH 33°54'29" EAST 60.77 FEET; (3)
LEAVING SAID NORTHWESTERLY LINE, NORTH 11°58'40" WEST 323.97 FEET; (4) NORTH
28°44'13" WEST 121.49 FEET TO THE NORTHERLY LINE OF SAID LOT "P".
PBD/TGM/t:\Resolutions\R0008-116DRCDP
. -3-
EXCEPTING THE FEE INTEREST, IF ANY, IN AND TO THAT PORTION OF SAID
BIRMINGHAM DRIVE, LYING SOUTHEASTERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE SOUTHERLY TERMINUS OF SAID COURSE (3); THENCE SOUTH
11 °58'40" EAST 37.17 FEET; THENCE SOUTH 67°41'43" WEST 47.98 FEET TO SAID
NORTHWESTERLY LINE OF BIRMINGHAM DRIVE.
PBD/TGM/t:\Resolutions\R0008-116DRCDP
-4-
ATTACHMENT "B"
Resolution No. 2009-45
Case No. 08-116 DR/CDP
FINDINGS FOR DESIGN REVIEW
STANDARD: Section 23.08.080 of the Encinitas Municipal Code provides that an application for a
design review permit must be granted unless, based upon the information presented in the
application and during the Public Hearing, the authorized agency makes any of the following
regulatory conclusions:
a. The project design is inconsistent with the General Plan, a Specific Plan, or the provisions of the
Municipal Code.
Facts: The application includes a request for a Design Review Permit and Coastal Development
Permit for the construction of a new fire station (Fire Station No. 2) in the Cardiff-by-the-Sea
community area of Encinitas. Fire Station No. 2 is being reviewed for conformance with the
General Plan, the Local Coastal Program, and Chapters 23.08 (Design Review), 30.28
(Commercial Zones), 30.54 (Off-street Parking) and 30.80 (Coastal Development Permit) of
the Municipal Code.
Discussion: The proposed site plan, building massing and plantings are designed to be
respectful of views from neighboring properties. The Station as designed complies with all
applicable development standards outlined in Chapter 30.28 (Limited Visitor Serving
Commercial (L-VSC) zone) of the Encinitas Municipal Code. Best Management Practices are
incorporated to treat storm water runoff, prior to it being discharged into the public storm drain
system. The City has proposed to beautify the project by utilizing colored concrete, decorative
paving and an array of landscaping. The Design Review Permit request will comply with all
applicable policies of the General Plan and all standards and provisions of the Municipal Code.
Conclusion: The City Council finds that the project design is consistent with the General Plan and
the provisions of the Municipal Code.
b. The project design is substantially inconsistent with the Design Review Guidelines.
Facts: The adopted Design Guidelines establish design criteria for project review in the areas of
site planning, grading, circulation/streetscape, architecture, lighting and landscape.
Discussion: The building represents a modern design utilizing a mixture of natural materials to
enhance the appearance. The single-story structure is designed to emulate Encinitas history of
greenhouses utilizing the roof lines and clearstory windows seen from the east and west
elevations of the proposed station. The project substantially conforms to building and design
guidelines by incorporating varying horizontal and vertical articulation elements. The proposed
colors, materials, and architectural features are well coordinated and complementary throughout
the design. The proposed landscape plan provides ample coverage for the project site and
substantial plantings adjacent to residential uses, the I-5 view corridor and Birmingham Drive.
The landscape shown on the approved plan would ensure that the project blends visually with the
surrounding development from near and distant perspective views.
PBD/TGM/t:\Reso lutions\R0008-116DRCDP
-5-
Conclusion: The City Council finds that the project is substantially consistent with the Design
Review Guidelines.
C. The project would adversely affect the health, safety, or general welfare of the community.
Facts: The project has been determined to be exempt from environmental review pursuant to
Section 15332 of the California Environmental Quality Act (CEQA) Guidelines. Section
15332 exempts in-fill development within the City limits on a project site of no more than five
acres, substantially surrounded by urban uses and consistent with the applicable General Plan
and zoning designation.
Discussion: The proposed use is allowed by right in the subject L-VSC zone and no evidence has
been submitted or discovered that would suggest that the proposed project would adversely affect
the surrounding neighborhood or community. The project is exempt from the requirements of
CEQA and no adverse impact to the environment is anticipated. All utilities are available to serve
the project.
Conclusion: The City Council finds that the project will not adversely affect the health, safety, or
general welfare of the community.
d. The project would cause the surrounding neighborhood to depreciate materially in appearance or
value.
Facts: The project substantially conforms to site, building, landscape and privacy design
standards outlined in the adopted Design Guidelines. The operating characteristics of the
proposed fire station are expected to be similar to those of the existing fire station operating on
MacKinnon Avenue (adjacent to the subject property to the west), which this facility will
effectively replace.
Discussion: The subject property encompasses adequate area to provide for the proposed use
and provide for a significant buffer between the project and the adjacent uses surrounding it.
The view impacts as seen from Interstate-5 (I-5) will be minimal since the Station's design
incorporates a masonry wall utilizing a variety of block treatment and colors to screen it from
westerly public views through the site. Additionally, the _ landscape plan provides a dense and
substantial tree planting pallette to screen almost the entire facility by utilizing a variety of trees
that will have different mature heights. No evidence has been submitted or discovered that
would suggest that the proposed project would cause any material depreciation in appearance or
value to the surrounding neighborhood.
Conclusion: The City Council finds that the project will not cause the surrounding neighborhood
to depreciate materially in appearance or value.
PBD/TGM/t:\Resolutions\ROO08-116DRCDP
-6-
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
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 subject application seeks a Design Review Permit and Coastal Development Permit
to construct a new fire station on an existing vacant property located 618 Birmingham Drive.
The general surrounding neighborhood has a broad mixture of single, and two (2)-story single-
family dwellings and multi-story duplex structures to the north and west, an existing gas station
to the south and Interstate-5 (I-5) to the east. The Fire Station has been conditioned to comply
with the Municipal Code and General Plan as outlined in Attachment "C".
Discussion: With approval of the Design Review Permit and Coastal Development permit the
project conforms to the Encinitas Municipal Code, General Plan and Local Coastal Program.
The project is determined to be categorically exempt from environmental review pursuant to
Section 15332 of the California Environmental Quality Act (CEQA) Guidelines. Section
15332 exempts in-fill development within the City limits on a project site of no more than five
acres, substantially surrounded by urban uses and consistent with the applicable General Plan
and zoning designation. No evidence has be submitted or found to show that the use will have
an adverse effect on the subject property or surrounding uses. The subject site is located on a
partially disturbed property with non-native scrub and native grasses. The site is located
adjacent to the Birmingham Drive right-of-way to the south and I-5 to the east, which is not
between the sea and the nearest public road and will not impact public access and public
recreation policies of Section 30200 et. seq. of the Coastal Act.
Conclusion: The City Council finds that 1) the project is consistent with the certified Local
Coastal Program of the City of Encinitas; 2) no mitigation measures will be implemented or
required with the project since no significant adverse impacts have been identified that the activity
may have on the environment; and 3), the project is not located between the sea and the nearest
public road, and as conditioned, the project will not impact public access or public recreational use
of the site. The approval of this Coastal Development Permit satisfies the requirements of the
Encinitas Local Coastal Program.
PBD/TGM/t:\Resolutions\R0008-116DRCDP
-7-
ATTACHMENT "C"
Resolution No. 2009-45
Case No. 08-116 DR/CDP
Applicant: The City of Encinitas
Location: 618 Birmingham Drive (APNs: 260-317-09 & -10)
SC 1 SPECIFIC CONDITIONS:
SC5 The project is conditionally approved as set forth on the application and project drawings
consisting of 15 sheets, including Title Sheet, Record of Survey, Topography Survey,
Schematic Grading Plan, Schematic Intersection Plan, Landscape Plan, Sections, Site Plan,
Floor Plans and Exterior Elevations (four (4) sheets), all stamped received by the City of
Encinitas on June 4, 2009 and two (2) revised Colored Elevation sheets (A2.Oa and A2.1 a)
superseding the east elevation sound wall design shown in the June 4, 2009 plans, dated
received by the City of Encinitas on August 24, 2009; Colored Elevations and Materials Board
(Received June 4, 2009); Colored Elevations and Materials Board (Received June 4, 2009), all
designated as approved by the City Council on August 26, 2009, and shall not be altered without
express authorization by the Planning and Building Department.
SCA The plans to satisfy the following conditions shall be approved and secured to the satisfaction
of the Planning and Building Department prior to issuance of the Building Permit or Grading
Permit:
1. The future expansion as shown on the approved site plan for the fire apparatus garage shall
go through a Substantial Conformance process to ensure consistency with the approved
Design Review Permit and Coastal Development Permit contain herein if the addition can
not be found in Substantial Conformance pursuant to Encinitas Municipal Code Section
23.08.140 (Conformance with Design Review Permit), a Design Review Permit
Modifications will be required.
2. The six (6) existing underlying legal lots shall be consolidated to create one (1) legal lot
through the filing of a Certificate of Compliance application with the City of Encinitas for
review and approval. The Certificate of Compliance shall be recorded to the satisfaction of
the Planning and Building Department prior to issuance of a building permit.
3. The project shall maintain compliance with Chapter 30.40 (Performance Standards) of the
Municipal Code for all the proposed lighting on site. Said lighting shall be shielded to the
satisfaction of the Planning and Building Department so that no direct source of visible
light can be seen from the adjacent properties.
4. One (1) bike rack able to hold three (3) bicycles shall be installed on the premises
consistent with the Off-street Parking Design Manual and Chapter 30.54 (Off-Street
Parking) of the Encinitas Municipal Code.
5. Due to the uncertain nature of the improvements to Birmingham Drive at this time (based
on Caltrans ongoing I-5 North Coast Corridor Project), the applicant shall provide a DG
pedestrian path along the property frontage on Birmingham Drive as required by Specific
Condition of Approval SCBS contained herein. A future permanent sidewalk may be
required of the City to replace this DG pedestrian path to be consistent with the adopted
Encinitas Trails Master Plan.
PBD/TGM/t:\Resolutions\R0008-116DRCDP
-8-
SCB The plans to satisfy the following conditions shall be approved and secured to the satisfaction of
the Engineering Services Department prior to issuance of the Grading Permit:
1. The proposed pervious pavement shall be constructed over a crushed rock base instead of a
Class II base in order to facilitate infiltration of the runoff.
2. The proposed storm drain discharge in the Caltrans right-of-way shall be connected to the
existing open channel. The City shall obtain a right-of-way entry permit for work within
the Caltrans right-of-way.
3. The City project manager shall coordinate with Caltrans in order to assure that the areas
needed for future Caltrans expansion do not interfere with the proposed development.
4. The hydrology report for the project shall be reviewed and approved prior to issuance of
any grading permit.
5. Due to the uncertain nature of the improvements to Birmingham Drive at this time, the
applicant shall provide a DG pedestrian path along the property frontage on Birmingham as
shown on the approved site plan. Curb and gutter shall be provided along a portion of the
frontage as shown on the approved site plan.
6. The proposed trash enclosure shall be covered with a roof and shall be elevated or bermed
in order to avoid the entry of storm water into the enclosure. The enclosure shall be
designed to slope to a drain in the middle. The drain shall be connected to the sanitary
sewer system. A note indicating the covering and a sewer connection to the proposed drain
in the bottom of the enclosure shall be shown on the plans.
7. Hydrocarbon filter inserts shall be installed in the proposed catch basins.
8. The proposed driveway apron shall be installed with a minimum rise of six (6) inches from
the flowline to the property line.
SCC The following conditions shall be completed/fulfilled to the satisfaction of the California
Department of Transportation (Caltrans):
Any future plans for building on the subject property shall include consultation with
Caltrans Design Division staff in order to reduce conflicts with future Caltrans construction
associated with the I-5 North Coast Corridor Project immediately adjacent to the subject
property.
2. All lighting (including reflected sunlight) within the project shall be placed and/or shielded
so as not to be hazardous to vehicles traveling on I-5.
3. Any work performed within Caltrans right-of-way shall require an encroachment permit
through Caltrans. Early coordination with Caltrans is strongly advised for all encroachment
permits.
SCD The following conditions shall be completed/fulfilled to the satisfaction of the San Dieguito
Water District:
1. The subject property'is currently being served by a 5/8" water meter. The owner may apply
capacity credit toward new meters.
2. A hydraulic analysis shall be required for the proposed development. The results of the
analysis will dictate the approved design of the water system and to determine the re-design of
the existing water system. This analysis will need to account for future development for the
area.
PBD/TGM/t:\Resolutions\ROO08-116DRCDP
-9-
3. The City shall install the water system according to Water Agencies' (WAS) standards, and
dedicate to the District the portion of the water system which is to be public.
4. The District shall require that all water meters be located in front of the parcel they are serving
and outside of any existing or proposed travel way. Cost of relocation is the responsibility of
the City.
5. The City will be required to show all existing and proposed water facilities on the
improvement or grading plans for District approval.
6. The City shall comply with the District's fees, charges, rules and regulations.
7. District Ordinance No. 94-01 states the use of potable water on landscaping areas may be
deemed an unreasonable use where reclaimed water, where feasible, when it becomes
available. The City shall install landscaping irrigation to reclaimed water standards in those
areas that are to be served by reclaimed water. Reclaimed water is available for this
development.
The San Dieguito Water District Board has adopted a Drought Response Ordinance (Ord.
No. 2008-01) and on July 1, 2009 declared a Level 2 Drought Alert. Upon this declaration
of a mandatory Drought Response Level 2 and above, no new potable water service shall be
provided, no new temporary meters or permanent meters shall be provided, and no
statements of immediate ability to serve or provide potable water service (such as, will
serve letters, certificates, or letters of availability) shall be issued, except under the
following circumstances:
a. A valid, unexpired building permit has been issued for the project; or
b. The project is necessary to protect the public's health, safety, and welfare; or
c. The applicant provides substantial evidence of an enforceable commitment that water
demands for the project will be offset prior to the provision of a new water meter(s) to
the satisfaction of SAN DIEGUITO WATER DISTRICT.
G1 STANDARD CONDITIONS:
CONTACT THE PLANNING AND BUILDING DEPARTMENT REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITION(S):
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 '/z" 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.
PBD/TGM/t:\Resolutions\RCC08-116DRCDP
-10-
G9 Trash enclosure(s) shall be constructed of masonry with an exterior compatible with that of the
building(s), and shall be provided with view-obstructing solid metal gates as approved by the
authorized agency. Adequate space for recyclable materials shall be provided within the enclosure
in accordance with Municipal Code requirements. The applicant shall review the design of the
trash enclosure with the service provider and receive approval prior to building permit issuance.
G10 All retaining and other freestanding walls, fences, and enclosures shall be architecturally designed
in a manner similar to, and consistent with, the primary structures (e.g. stucco-coated masonry,
split-face block or slump stone). These items shall be approved by the Planning and Building
Department prior to the issuance of building and/or grading permits.
G II All roof-mounted equipment and appurtenances, including air conditioners and their associated
vents, conduits and other mechanical and electrical equipment, shall be architecturally integrated,
and shall be shielded from view and sound buffered to the satisfaction of the Planning and
Building Department. Note: All rooftop equipment shall be assumed visible unless
demonstrated otherwise to the satisfaction of the Planning and Building Department, and
adequate structural support shall be incorporated into building design. Rooftop vent pipes
shall be combined below the roof, and shall utilize decorative caps where visible from any point.
Ground-mounted mechanical and electrical equipment shall also be screened through use of a
wall, fence, landscaping, berm, or combination thereof to the satisfaction of the Planning and
Building Department. All exterior accessory structures shall be designed to be compatible with
the primary building's exterior to the satisfaction of the Planning and Building Department.
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.
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.
G15 Parking lot lights shall have a maximum height of eighteen (18) feet from the finished grade of the
parking surface, and the light source shall be directed away from all property lines, adjacent streets
and residences.
G16 Parking lot layout shall meet the standards of the Municipal Code and the Off Street Parking
Design Manual.
G17 In accordance with the provisions of the Off-Street Parking Design Manual, all parking spaces
(except handicapped spaces) shall be delineated by double-line striping consisting of 4-inch wide
painted white lines 1 to 2 feet apart, and all parking areas with more than one row of parking
spaces shall have directional signs or painted directional arrows where one way travel is necessary
to guide traffic, all of which shall be indicated in building plans and found satisfactory by the
Planning and Building Department prior to final approval of the project's building permit.
Adjacent to the sides of the parking lot landscape islands, stalls shall be provided with a 12" wide
concrete strip adjacent to the island's curb.
PBD/TGM/t:\Resolutions\RCC08-116DRCDP
-11-
G18 Parking area shall be screened from adjacent properties and/or public view with decorative wall(s)
and/or landscaping. Said screening shall be reviewed and approved by the Planning and Building
Department prior to building permit issuance.
G21 All utility connections shall be designed to coordinate with the architectural elements of the site so
as not to be exposed except where necessary. Locations of pad mounted transformers, meter
boxes, and other utility related items shall be included in the site plan submitted with the building
permit application with an appropriate screening treatment. Transformers, terminal boxes, meter
cabinets, pedestals, ducts and other facilities may be placed above ground provided they are
screened with landscaping.
L1 The project is subject to Chapter 23.26 of the Municipal Code (Water Efficient Landscape
Program), which requires a landscape and irrigation plan to be prepared by a State licensed
landscape designer. The requirements for the plans are listed in Chapter 23.26. The landscape and
irrigation plans including the required signature block of the State licensed landscape designer
must be submitted as part of the building permit application for the project.
L2 All required plantings and automated irrigation systems shall be in place prior to use or occupancy
of new buildings or structures. All required plantings and automated irrigation systems shall be
maintained in good condition, and whenever necessary, shall be replaced with new materials to
ensure continued compliance with applicable landscaping, buffering, and screening requirements.
All landscaping and irrigation systems shall be maintained in a manner that will not depreciate
adjacent property values and otherwise adversely affect adjacent properties. All irrigation lines
shall be installed and maintained underground (except drip irrigation systems).
L5 All masonry freestanding or retaining walls visible from points beyond the project site shall be
treated with a protective sealant coating to facilitate graffiti removal. The sealant shall be of a type
satisfactory to the Engineering and Planning and Building Departments. The property owner shall
be responsible for the removal in a timely manner of any graffiti posted on such walls.
S l Any signs proposed for this development shall be designed and approved in conformance with
Encinitas Municipal Code Chapter 30.60.
DR1 Any future modifications to the approved project will be reviewed relative to the findings for
substantial conformance with a design review permit contained in Section 23.08.140 of the
Municipal Code. Modifications beyond the scope described therein may require submittal of an
amendment to the design review permit and approval by the authorized agency.
DR3 All project grading shall conform with the approved plans. If no grading is proposed on the
approved plans, or subsequent grading plans are inconsistent with the grading shown on the
approved plans, a design review permit for such grading shall be obtained from the authorized
agency of the City prior to issuance of grading or building permits.
BI BUILDING CONDITION(S):
CONTACT THE ENCINITAS BUILDING DIVISION REGARDING COMPLIANCE WITH
THE FOLLOWING CONDITION(S):
PBD/TGM/t:\Resolutions\RCC08-116DRCDP
-12-
B2 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). Commercial
and Multi-residential construction must also contain details and notes to show compliance with
State disabled accessibility mandates. 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.
F 1 FIRE CONDITION(S):
CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE WITH
THE FOLLOWING CONDITION(S):
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 36 feet in residential
areas with no parking.
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. Gates across fire access roadways shall be automatic and equipped with
approved emergency key operated switches overriding all command functions and opens the
gate(s). Power supply shall be connected to a reliable municipal source. Gates accessing four
(4) or more residences or residential lots, or gates accessing hazardous, institutional, and
educational or assembly occupancy group structures, shall also be equipped with approved
emergency traffic control activating strobe sensor(s), which will activate the gate on the
approach of emergency apparatus with a battery back-up or manual mechanical disconnect in
case of power failure. All automatic gates must meet Fire Department requirements for rapid,
reliable access. Where this Section requires an approved key-operated switch, it shall be dual
keyed or dual switches with covers provided to facilitate access by law enforcement personnel.
F7 RESPONSE MAPS: Any new development, which necessitates updating of emergency
response maps by virtue of new structures, hydrants, roadways or similar features, shall be
required to provide map updates in one of the following formats (AutoCad DWG, DXF, ESRI
shapefrle, ESRI personal geodatabase, or XML format) and shall be charged a reasonable fee
for updating all response maps.
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.
F 10 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
PBD/TGM/t:\Resolutions\RC C08-116DRCDP
-13-
parking of vehicles, in accordance with the California Fire Code and the Encinitas Fire
Department.
F l l 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 flow 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 ''/2" inch NST outlets. Residential fire hydrants shall have
one (1) 4" inch NST outlet, and one (1) 21/2" inch NST outlets.
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 and final map and building plans.
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'/2" 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.
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.
F15 AUTOMATIC FIRE SPRINKLER SYSTEM: Structures shall be protected by an automatic
fire sprinkler system designed and installed to the satisfaction of the Fire Department.
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.
PBD/TGM/t:~Resolutions\R0008-116DRCDP
-14-
EG 1 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.
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.
EG11 In accordance with Section 23.24.5 10 of the Encinitas Municipal Code, proposed slopes exceeding
15 feet in vertical height shall be planted with trees, shrubs, and groundcover. A state-licensed
landscape architect shall submit a letter to the Planning and Building Department prior to
"Rough Grade" approval by the Engineering Department. The letter shall certify that all slopes
exceeding 15 feet in height shall be planted with an appropriate combination of trees, shrubs,
and groundcover in order to meet the following requirements:
A) Comply with the Fire Department "Guidelines for Planting in Developments Subject to
Fuel Modification"; and
B) Include only native, drought-tolerant plants on slopes that are adjacent to biological open
space areas or areas containing native vegetation; and
PBD/TGM/t:\Resolutions\R0008-116DRCDP
-15-
C) Space trees at distances not to exceed 20 feet on center and shrubs at distances not to
exceed 10 feet on center in order to provide full coverage and prevent erosion.
Prior to issuance of final occupancy, a state-licensed landscape architect shall submit a final
letter to the Planning and Building Department certifying that s/he has inspected the site, that
the site meets the requirements listed above, and that the landscaping on at least 80% of the
slope area has germinated and is in a healthy, actively growing state.
ED 1 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.
EU 1 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.
ESW1 Storm Water Pollution Control Conditions
ESW2 Grading projects with a disturbed area of greater than 1 acre must also meet additional
requirements from the State Water Resources Control Board (SWRCB). Those additional
requirements include filing a Notice of Intent (NOI) and preparing a Stormwater Pollution
Prevention Plan (SWPPP) for review and approval by the City.
ESW4 Priority Projects shall implement a single or a combination of storm water Best Management
Practice methods in order to reduce to the maximum extent practicable the quantity of
pollutants entering the public storm drain system or any receiving body of water supporting
beneficial uses. All Priority Projects shall construct and implement a structural treatment
control BMP, such as natural bio-filtration system or a treatment detention basin, designed to
infiltrate, filter, or treat a quantity of storm runoff equal to or greater than the volume generated
by a 0.6" precipitation storm event in a duration of twenty-four hours or the maximum flow
PBD/TGM/t:\Resolutions\R0008-116DRCDP
-16-
rate produced by a rainfall of 0.2 inches during each hour of a storm event. The filtration
system shall be designed based upon best management practice standards and must be
approved by the City Engineer. A covenant approved by the City shall be recorded against the
property to ensure the professional maintenance, repair, and replacement of the storm water
quality BMP as necessary into perpetuity. The covenant shall also detail the funding
mechanism for the required maintenance. A Grading Plan/Permit Site Plan identifying all
landscape areas designed for storm water pollution control (SWPC) and Best Management
Practice shall be submitted to the City for Engineering Services Department approval. A note
shall be placed on the plans indicating that the modification or removal of the SWPC facilities
without a permit from the City is prohibited.
ESW9 For storm water pollution control purposes, all runoff from all roof drains shall discharge onto
grass and landscape areas prior to collection and discharge onto the street and/or into the public
storm drain system. Grass and landscape areas designated for storm water pollution control
shall not be modified without a permit from the City. A note to this effect shall be placed on
the Grading/Permit Site plan.
PBD/TGM/t:\Resolutions\ROO08-116DRCDP
-17-
BE IT FURTHER RESOLVED that the City Council, in its independent judgment, finds that the
project is exempt from environmental review pursuant to Section 15332 of the California
Environmental Quality Act (CEQA) Guidelines. Section 15332 exempts in-fill development within
the City limits on a project site of no more than five (5) acres, substantially surrounded by urban uses
and consistent with the applicable General Plan and zoning designation.
PASSED AND ADOPTED this 26th day of August, 2009, by the following vote, to wit:
AYES: Barth, Bond, Dalager, Houlihan, Stocks.
NAYS: None.
ABSENT: None.
ABSTAIN: None.
aggie Houlihan, Mayor
ATTEST:
r,
Deborah,Cervone
City Clerk
NOTE: This action is subject to Chapter 1.04 of the Municipal Code, which specifies time limits for legal
challenges.
PBD/TGM/t:\Resolutions\R0008-116DRCDP
-2-