2009-24RESOLUTION NO. PC 2009-24
A RESOLUTION OF THE CITY OF ENCINITAS PLANNING COMMISSION
APPROVING A DESIGN REVIEW PERMIT AND COASTAL DEVELOPMENT
PERMIT TO ALLOW FOR THE DEMOLITION OF AN EXISTING SINGLE-FAMILY
RESIDENCE AND THE CONSTRUCTION OF A NEW ATTACHED SINGLE-FAMILY
TWINHOME AND DETACHED GARAGE FOR A PROPERTY LOCATED AT 2133
CAMBRIDGE AVENUE.
(CASE NO. 08-152 DR/CDP; APN: 260-411-06)
WHEREAS, a request for consideration of a Design Review Permit and Coastal
Development Permit was filed by Steve Shackleton to allow for the demolition of an existing
single-family residence and the construction of a new attached single-family twinhome with
detached garages, in accordance with Chapters 23.08 (Design Review) and 30.80 (Coastal
Development Permit) of the Encinitas Municipal Code, for the property located in the Residential
(R-11) zoning district and the Coastal Zone in the community of Cardiff-by-the-Sea of the City of
Encinitas, legally described as:
LOTS 39 AND 40 IN BLOCK "E" OF CARDIFF "A" IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEROF NO. 1334, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MAY 12, 1911.
WHEREAS, the Planning Commission conducted a noticed public hearing on the
application on August 20, 2009, at which time all those desiring to be heard were heard; and
WHEREAS, the Planning Commission considered, without limitation: .
1. The August 20, 2009 agenda report to the Planning Commission with attachments;
2. The General Plan, Local Coastal Program, Municipal Code, and associated Land
Use Maps;
3. Written and oral evidence submitted at the hearing;
4. Project drawings consisting of 11 sheets including; Cover Sheet (A0.0), Site
Plan/Survey (Sheet A1.0), Basement Plan (Sheet A2.0), First Floor Plan (Sheet
A2.1), Second Floor Plan (Sheet A2.2), Exterior Elevations (Sheets A3.0 &
A3.1), Landscape Plan (Sheet LP-1), and Grading Plan (Sheets GP.1, GP.2 and
GP.3) all stamped received by the City of Encinitas on August 4, 2009; Colored
elevations and materials board (received December 9, 2008); and
WHEREAS, the Planning Commission made the following findings pursuant to Chapters
23.08 (Design Review) and 30.80 (Coastal Development Permit) of the Encinitas Municipal
Code:
PBD/TGM/G:\Resolutions\RPC08-15 2DRCDP
4-
(SEE ATTACHMENT "A")
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Encinitas hereby approves application Case No. 08-152 DR/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 15301(1)(1) and 15303(a) of the California Environmental Quality Act (CEQA)
Guidelines. Section 15301(1)(1) exempts the demolition of up to three single-family residences.
Section 15303(a) exempts the construction of one single-family residence, or a second dwelling unit
in a residential zone. hl urbanized areas, up to three single-family residences may be constructed or
converted under this exemption.
PASSED AND ADOPTED this 20th day of August, 2009, by the following vote, to wit:
AYES: Chapo, Felker, Shannon, Steyaert, Van Slyke
NAYS: None
ABSENT: None
ABSTAIN: None
ATTEST:
,6.
atrick Murphy
Secretary
..r
Paul an Slyke, ` arr of the
Encinitas Planning Commission
NOTE: This action is subject to Chapter 1.04 of the Municipal Code, which specifies time limits
for legal challenges.
PBD/TGM/G:\Resolutions\RPC08-152DRCDP
2
ATTACHMENT "A"
Resolution No. PC 2009-24
Case No. 08-152 DR/CDP
FINDINGS FOR DESIGN REVIEW
STANDARD: Section 23.08.072 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: A Design Review Permit and Coastal Development Permit request was filed to
allow for the demolition of an existing single-family residence and the construction of a
new attached single-family twinhome. The structure is proposed at a maximum height of
25 feet, six inches measured from the lower of natural or finished grade, and within the
allowable building envelope designated by zoning. The subject application was reviewed
for conformance with the General Plan, Local Coastal Program, and Chapters 23.08
(Design Review), and 30.80 (Coastal Development Permit) of the Municipal Code. The
project site does not lie within the boundaries of a specific plan area.
Discussion: A review of the application has been conducted by the Planning and Building
Department and by the Planning Commission. All applicable standards of the Municipal
Code and goals and policies of the General Plan have been found to be satisfied by the
subject application (as conditioned) and project drawings.
Conclusion: Therefore, the Planning Commission 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 Guidelines.
Facts: Chapter 23.08 (Design Review) and the adopted Design Guidelines contain
recommendations related to design and site layout, building design, landscape design,
grading, architecture, parking and streetscape, lighting, privacy and security with which the
authorized agency must find the project substantially consistent in order to grant approval.
Additionally, Chapter 30.16 has specific design criteria for residential projects.
Discussion: The opportunities and constraints of the site have influenced the project
layout and design. The Design Guidelines call for the design of buildings to pay special
attention to roof area treatment and materials. Pitched roofs or other special roof forms
are usually preferred to flat roofs as noted in Section 5.3.1 of the Design Guidelines. The
twinhome utilizes multiple types of roofs and roof planes. Varied wall planes and hip
roof/shed roof designs for both units create visual interest and reduce apparent bulk and
mass of the units. Review of the project colored elevations and color/materials board
PBD/TGM%G:\Resolutions\RPC08-152DRCDP
-3-
shows that the proposed units will have a common theme and are complementary with
each other and the existing development in the neighborhood. The building character of
each design is well established and carried throughout all elevations. The proposed
architectural features are sufficiently dimensioned and articulated to provide visual relief
and interest. The proposed site plan and building massing are designed to be respectful
of views from neighboring properties by use of varied roof shapes and sizes as noted in
Section 2.4.7 of the Design Guidelines. The twinhome has been situated on the two lots
so as to create useable and functional exterior spaces in scale with the building. The
proposed garages which face east, utilize alley access as encouraged by Section 2.4.11 of
the Design Guidelines. The overall building footprint complies with the limits for yard
areas in the R-11 zoning designation development standards as defined in Chapter 30.16
(Residential Zones) of the Municipal Code.
Conclusion: Therefore, the Planning Commission finds that the project design is
substantially consistent with the Design Guidelines.
C. The project would adversely affect the health, safety, or general welfare of the community.
Facts: The twinhome structure is proposed at a height consistent with the standard height
envelope for lots with an average lot slope of greater than 10 percent. The project
substantially conforms to site, building, and landscape design standards of the Design
Guidelines. The project is determined to be categorically exempt from environmental
review pursuant to Sections 15301(1)(1) and 15303(a) and of the California Environmental
Quality Act (CEQA) Guidelines. Section 15301(1)(1) exempts the demolition of up to three
single-family residences. Section 15303(a) exempts the construction of one single-family
residence, or a second dwelling unit in a residential zone. In urbanized areas, up to three
single-family residences may be constructed or converted under this exemption.
Discussion: The impact on surrounding uses was considered in the overall building design
for each unit. The project is consistent with adjacent uses surrounding it.
Conclusion: Therefore, the Planning Commission 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 new twinhome structure is an allowed use in the R-11 zone. The project is
consistent with other twinhome projects in the vicinity which exist or have been approved
in the past few years.
Discussion: The proposed twinhome complies with all development standards applicable.
The twinhome proposes a modern design which will significantly enhance the subject site.
The building design is respectful of neighboring views by utilizing varied roof shapes and
sizes as noted in Section 2.4.7 of the Design Guidelines. The proposed landscape pallette
provides a cohesive theme to the subject site. Four enclosed garage spaces will be provided
for the subject project, replacing the two car garage originally on the site. Additional
PBD/TGM/G:\Resolutions\RPC08-152DRCDP
-4-
parking will be provided in a driveway accessed off of the alley. This will provide sufficient
off-street parking for this use, thus avoiding impacts to the surrounding properties.
Conclusion: Therefore, the Planning Commission finds that the project will not cause the
surrounding neighborhood to depreciate materially in appearance or value.
PBD/TGM/G:\Resolutions\RPC08-152DRCDP
-5-
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 site's existing two-story single-family residence and associated site
improvements will be completely demolished in order to construct the new twinhome
structure. Both underlying legal lots have total net lot areas of 2,500 square feet, lot
depths of 100 feet, and lot widths of 25 feet. The new residential twinhome structure will
incorporate a standing seem metal roof contemporary design with two stories of living
space and a basement. The basement element qualifies as basement area as per
Municipal Code requirements, as it is almost entirely buried into grade and thus not
counted for story purposes or as floor area for Floor Area Ratio calculations. Unit "A"
consists of 1,211 square feet of living area, 585 square feet of basement area, a 390
square-foot accessory dwelling unit and 400 square feet of garage area. Unit "B"
proposes to have 1,188 square feet of living area, 588 square feet of basement area, a 393
square-foot accessory dwelling unit and 400 square feet of garage area.
Discussion: With approval of the Design Review Permit as conditioned herein the project
conforms to the Encinitas Municipal Code. The project is determined to be categorically
exempt from environmental review pursuant to Sections 15301(1)(1) and 15303(a) and of
the California Environmental Quality Act (CEQA) Guidelines. Section 15301(1)(1) exempts
the demolition of up to three single-family residences. Section 15303(a) exempts the
construction of one single-family residence, or a second dwelling unit in a residential zone.
In urbanized areas, up to three single-family residences may be constructed or converted
under this exemption. No evidence is found to show that the project will have an adverse
effect on the use and enjoyment of any property. The subject site is located on a fully
disturbed property consisting of landscaping and an existing single-family structure. The
site is located adjacent to the Cambridge Avenue right-of-way, which is not between the
sea or other body of water and the nearest public road.
PBD/TGM/G:\Resolutions\RPC08-152DRCDP
-6-
Conclusion: The Planning Commission 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 project may have on the environment; and 3) Finding No. 3 is not
applicable to the project since it is not located between the sea or other body of water and
the nearest public road.
PBD/TGM/G:\Resolutions\RPC08-152DRCDP
-7-
ATTACHMENT "B"
Resolution No. PC 2009-24
Case No. 08-152 DR/CDP
Applicant: Steve Shackleton
Location: 2133 Cambridge Avenue (APN: 260-411-06)
SC1 SPECIFIC CONDITIONS:
SC2 At any time after two years from the date of this approval, August 20, 2011 at 5:00 PM, or
the expiration date of any extension granted in accordance with the Municipal Code, the
City may require a noticed public hearing to be scheduled before the authorized agency to
determine if there has been demonstrated a good faith intent to proceed in reliance on this
approval. If the authorized agency finds that a good faith intent to proceed has not been
demonstrated, the application shall be deemed expired as of the above date (or the expiration
date of any extension). The determination of the authorized agency may be appealed to the
City Council within 15 days of the date of the determination.
SC5 This project is conditionally approved as set forth on the application and Project drawings
consisting of 11 sheets, including Cover Sheet (A0.0), Site Plan/Survey (Sheet A1.0),
Basement Plan (Sheet A2.0), First Floor Plan (Sheet A2.1), Second Floor Plan (Sheet
A2.2), Exterior Elevations (Sheets A3.0 & A3.1), Landscape Plan (Sheet LP-1), and
Grading Plan (Sheets GP.1, GP.2 and GP.3), all stamped received by the City of
Encinitas on August 4, 2009; colored elevations and materials board (received December
9, 2008), all designated as approved, by the Planning Commission on August 20, 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 Engineering Services Department prior to issuance of a Building
Permit/Grading Permit:
1. Contrary to what is shown on the CDP site plan, the owner/applicant shall install the
proposed BMP infiltration pits in the area of turfBlock on private property adjacent to
Cambridge Ave at the NW and SW corners of the property. The BMP infiltration pits
shall incorporate a grate inlet to accept the runoff from the concrete walkways running
along the North and South property lines that drain to this area.
2. The existing slope and wall encroach into the public right-of-way. Except for the
turfblock Swale, no encroachment into the public right-of-way for Cambridge Avenue or
for the alley will be allowed. The existing wall and slope shall be relocated to the
private property.
3. The owner/applicant shall widen Cambridge Avenue along the property frontage as
necessary to provide a pavement width of 24 feet. The applicant shall provide a six-inch
by 16 inch PCC flush curb along the edge of pavement, and a bioswale between
PBD/TGM/G: \Resolutions\RP C08-15 2DRCDP
-8-
property line and edge of pavement. The swale shall be reinforced with turfblock
modular concrete turf reinforcement, planted with grass or filled with 3/8-inch gravel,
and underlain by one to two-inch washed/coarse sand for leveling, two inches of 3/8
inch gravel, and six inches of 3/4-inch crushed rock. The flowline at Cambridge Avenue
shall be transitioned into the swale at the upstream end of the property and transitioned
back to the existing flowline of the street at the downstream property. If planted with
grass, the swale shall be irrigated to support the vegetation. The owner/applicant shall
obtain an encroachment permit to guarantee the private maintenance of the swale into
perpetuity.
4. The owner/applicant shall provide standard full-width paving of the alley along the
property frontage. A three-foot wide standard PCC ribbon gutter shall be provided, and
the design shall allow a minimum six inch rise from the alley flowline to the property
line in order to prevent the entrance of runoff from the alley into the private property.
5. As shown on the preliminary site plan, the owner/applicant shall allow a minimum of
nine feet between the face of the proposed garage and the property line in order to
provide for the required turning radius.
6. The proposed units shall connect to the sanitary sewer system with separate laterals.
7. The owner/applicant shall design and have approved the shoring and construction
dewatering systems necessary for the construction of the basements prior to issuance of
any grading permit for the project.
8. No permanent dewatering system shall be allowed for the basements. The basements
shall be designed to withstand the hydrostatic pressure without any dewatering.
9. If temporary shoring with tie-backs will be utilized for construction of the basements,
the tie-backs could potentially encroach into the public right-of-way. If the tie-backs are
within the public right-of-way, the owner/applicant shall meet the following
requirements:
a. A permanent encroachment permit shall be obtained with a minimum of one
million dollar liability insurance.
b. The tie-backs shall be placed a minimum of five 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.
PBD/TGM/G:\Resolutions\RPC08-152DRCDP
-9-
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.
SCB The plans to satisfy the following conditions shall be approved and secured to the
satisfaction of the San Dieguito Water District prior to issuance of a Building
Permit/Grading Permit:
The subject property is currently being served by a 5/8-inch water meter. Upon
development, the owner/applicant may be required to fire sprinkler the homes, if so, the
owner/applicant shall be required to upgrade the existing service and meter to meet fire
requirements. Each home will need a water meter.
2. The owner/applicant 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.
3. The water meters shall 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
owner/applicant.
4. The owner/applicant shall show all existing and proposed water facilities on
improvement or grading plans for District Approval.
5. The owner/applicant is required to comply with the District's fees, charges, rules and
regulations.
6. The San Dieguito Water District Board has adopted a Drought Response Ordinance
(Ord. No. 2008-01) and on July 1, 2009 declared a Level Two Drought Alert. Upon
this declaration of a mandatory Drought Response Level Two 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.
PBD/TGM/G:\Resolutions\RPC08-152DRCDP
-10-
SCC The perimeter fencing proposed on both properties must conform to the standards set forth
in Chapter 30.16 (Residential Zones) of the Municipal Code, Section 30.16.010.F.
SCD Relative to the accessory dwelling units shown on the basement floor plans of Unit "A"
and Unit "B" of the approved project drawings dated August 4, 2009 the property owner
shall execute and record a covenant consistent with the Accessory Use Regulations noted
in Chapter 30.48 of Municipal Code to the satisfaction of the Planning and Building
Department, prior to building permit issuance for Unit "A" or Unit "B".
SCE The Aloe Barbarae tree (48-inch box) located in the circular planter at the front of the
Unit "A" property shall be substituted with a 48-inch box tree which has a fuller canopy.
This tree shall have a root structure that can be contained within the circular planter and
have a mature height of 25 feet tall with an approximate canopy width of 25 feet. Said
tree shall be shown on the landscape plan for building permit approval to the satisfaction
of the Planning and Building Department.
Gl STANDARD CONDITIONS:
CONTACT THE PLANNING AND BUILDING DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITION(S):
G2 This approval may be appealed to the City Council within 15 calendar days from the date of
this approval in accordance with Chapter 1.12 of the Municipal Code.
G4 Prior to building permit issuance, the owner shall cause a covenant regarding real property
to be recorded. Said covenant shall set forth the terms and conditions of this grant of
approval and shall be of a form and content satisfactory to the Planning and Building
Director. The Owner(s) agree, in acceptance of the conditions of this approval, to waive any
claims of liability against the City and agrees to indemnify, hold harmless and defend the
City and City's employees relative to the action to approve the project.
G5 Approval of this request shall not waive 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 %2" 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.
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.
PBD/TGM/G: Resolutions\RPC08-152DRCDP
-11-
G11 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.
G13 The applicant shall pay development fees at the established rate. Such fees may include, but
not be limited to: Permit and Plan Checking Fees, Water and Sewer Service Fees, School
Fees, Traffic Mitigation Fees, Flood Control Mitigation Fees, Park Mitigation Fees, and Fire
Mitigation/Cost Recovery Fees. Arrangements to pay these fees shall be made prior to
building permit issuance to the satisfaction of the Planning and Building and Engineering
Services Departments. The applicant is advised to contact the Planning and Building
Department regarding Park Mitigation Fees, the Engineering Services Department regarding
Flood Control and Traffic Fees, applicable School District(s) regarding School Fees, the Fire
Department regarding Fire Mitigation/Cost Recovery Fees, and the applicable Utility
Departments or Districts regarding Water and/or Sewer Fees.
G19 Garages enclosing required parking spaces shall be kept available and usable for the parking
of owner/tenant vehicles at all times, and may not be rented or conveyed separately from the
appurtenant dwelling unit.
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
proj ect.
PBD/TGM/G:\Resolutions\RPC08-152DRCDP
-12-
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).
L4(a) All landscaping, fences, walls, etc. on the site, in any adjoining public parkways (the area
between the front property line and the street) shall be permanently maintained by the
owner, assigns or any successors in interest in the property. The maintenance program shall
include normal care and irrigation of the landscaping; repair and replacement of plant
materials and irrigation systems as necessary; and general cleanup of the landscaped and
open areas, parking lots and walkways, walls, fences, etc. Failure to maintain landscaping
and the site in general may result in the setting of a public hearing to revolve or modify the
approval. This condition shall be recorded with the covenant required by this Resolution.
DRI 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.
B 1 BUILDING CONDITION(S):
CONTACT THE ENCINITAS BUILDING DIVISION REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITION(S):
132R The applicant shall submit a complete set of construction plans to the Building Division for
plancheck processing. The submittal shall include a Soils/Geotechnical Report, structural
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.
PBD/TGM/G:\Resolutions\RPC08-152DRCDP
-13-
F1 FIRE CONDITION(S):
CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITION(S):
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 shapefile, ESRI personal geodatabase, or XML format) and shall be charged
a reasonable fee for updating all response maps.
F14 ADDRESS NUMBERS FOR STRUCTURES LOCATED OFF ROADWAY: Where
structures are located off a roadway on long easements/driveways, a monument marker
shall be placed at the entrance where the easement/driveway intersects the main roadway.
Permanent address numbers with height conforming to Fire Department standards shall
be affixed to this marker.
F15A AUTOMATIC FIRE SPRINKLER SYSTEM-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).
F17 SMOKE DETECTORS/FIRE SPRINKLER SYSTEMS: Smoke detectors/fire
sprinklers shall be inspected by the Encinitas 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.
PBD/TGM/G\Resolutions\RPC08-152DRCDP
-14-
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.
EG1 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 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
PBD/TGM/G:\Resolutions\RPC08-152DRCDP
-15-
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.
ES 1 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.
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.
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
PBD/TGM/G:\Resolutions\RPC08-152DRCDP
-16-
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.
PBD/TGM/G: \Resolutions\RP C08-15 2DRCDP
-17-