Loading...
2014-17RESOLUTION NO. PC 2014 -17 A RESOLUTION OF THE CITY OF ENCINITAS PLANNING COMMISSION ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVING A DESIGN REVIEW PERMIT FOR THE GRADING OF AN EXISTING VACANT LOT FOR A SINGLE - FAMILY RESIDENCE LOCATED AT 3587 COPPER CREST ROAD CASE NO. 08-153 DR (APN 264- 223 -24) WHEREAS, a request for consideration of a Design Review Permit was filed by Keith and Deanne Johnson to allow for the grading of an existing vacant lot for a single - family residence in accordance with Encinitas Municipal Code (EMC) Chapter 23.08 (Design Review) for the property located in the Rural Residential (RR) Zone and the Hillside /Inland Bluff Overlay legally described as: Parcel 4 of Parcel Map No. 4460, in the City of Encinitas, County of San Diego, State of California, Filed in the Office of the County Recorder of San Diego County, February 13, 1976. WHEREAS, the City completed an initial environmental analysis pursuant to the California Environmental Quality Act, which determined that the Design Review Permit associated with 08 -153 DR if adopted would have no significant negative environmental effects and the resultant Mitigated Negative Declaration was duly noticed and made available for public review and comment from May 2, 2014 to June 2, 2014; and WHEREAS, the Planning Commission conducted a noticed public hearing on the application on June 19, 2014, at which time all those desiring to be heard were heard; and WHEREAS, the Planning Commission considered, without limitation: The June 19, 2014 agenda report to the Planning Commission with attachments; 2. The General Plan, Municipal Code, and associated Land Use Maps; 3. Any oral evidence submitted at the hearing; 4. Written evidence submitted at the hearing; 5. Project drawings consisting of a total of three sheets, including: Title Sheet/Site Plan (Sheet 1), Exterior Elevations (Sheet 2), and Floor Plans (Sheet 3); Preliminary Grading Plan Title Sheet (Sheet 1/4), Preliminary Grading Plan (Sheet 2/4), Preliminary Grading Plan — Section Profiles (Sheet 3/4), and Preliminary Grading Plan - Environmentally Sensitive Area Buffer Zone (Sheet 4/4); and Landscape Plans — Title Sheet (LC -1), Landscape Concept Plan (LC- 2), Planting Legend (LC -3) and Irrigation Plans (LC -4 and LC -5) - stamped received by the City of Encinitas on June 4, 2014; and WHEREAS, the Planning Commission made the following findings pursuant to Chapter 23.08 (Design Review) of the Encinitas Municipal Code: PBD\JD \T\Resolut(ons \RPC 08 -153 DR Johnson SFR 2014 17.doc Page 1 of 21 SEE ATTACHMENT "A" NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Encinitas hereby approves application Case No. 08 -153 DR subject to the following conditions: SEE ATTACHMENT "B" BE IT FURTHER RESOLVED that the Planning Commission, in its independent judgment, finds that an Environmental Initial Study (EIS) was completed in accordance with the requirements of the California Environmental Quality Act (CEQA). The EIS determined that no significant negative environmental impacts would result from the proposed project design. The draft Mitigated Negative Declaration (MND) was available for public review from May 2, 2014 to June 2, 2014. The Final MND is adopted by reference and is on file with the City of Encinitas. PASSED AND ADOPTED this 19th day of June 2014, by the following vote, to wit: AYES: NAYS: ABSENT: ABSTAIN: ATTEST: Manjeet Ranu, AICP, Secretary Kurt Groseclose, Chair of the Planning Commission of the City of Encinitas NOTE: This action is subject to Chapter 1.04 of the Municipal Code, which specifies time limits for legal challenges. PBD \JD \T\Resolutions \RPC 08 -153 DR Johnson SFR 2014- 17.doc Page 2 of 21 ATTACHMENT "A" RESOLUTION NO. PC 2014 -17 CASE NO. 08 -153 DR FINDINGS FOR THE HILLSIDE /INLAND BLUFF OVERLAY (H /1130) ZONE THROUGH DESIGN REVIEW PERMIT STANDARD: Section 30.34.030 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 an H /IBO Design Review Permit: a. Encroachment into slope areas shall be allowed when it is found that there is no feasible alternative siting or design which eliminates or substantially reduces the need for such construction or grading. Facts: A Design Review Permit request to allow for grading of a residential pad that includes changes in grade that is greater than four feet of fill or eight feet of cut lower than the existing onsite grade in some locations, the construction of a driveway through steep slope areas, and the proposed encroachment of grading into natural slope gradients of 25% or greater for the project. Discussion: The proposed single - family residence to be constructed on the project site complies with the RR zone development standards as defined in EMC Chapter 30.16 (Residential Zones). Access to the property and beginning of the proposed driveway starts at the property's southeast corner and extends along the eastern property line. The area of the length of the driveway is not included in the steep slope calculation of 18.7% and is permitted per the H /1130 section where it is determined during the Design Review Process that no less environmentally damaging alternative exists for access to the more developable portion of a site on slopes of less than 25% grade. Apart from the driveway, this application also includes a proposed encroachment of 8.8% (1,493 SF) into natural slope gradients of 25% or greater for the project. The proposed encroachment into the natural slopes greater than 25% represents the best alternative given the consideration of alternative siting or designs in meeting the site constraints. Coast Geotechnical completed a Preliminary Geotechnical Investigation dated January 15, 2007, and a Geotechnical Update Report dated April 10, 2013. The purpose of the studies was to evaluate the onsite soils and geologic conditions and their effects on the proposed development. Based on their field exploration, and geotechnical engineering analysis, the proposed development is feasible from a geotechnical standpoint. Geopacifica, Inc. the City's third party consultant reviewed both reports and concurred on May 20, 2013 with the applicant's geotechnical report. The proposed grading conforms to the existing topography of the site. Conclusion: Therefore, the Planning Commission finds that there is no feasible alternative siting or design which eliminates or substantially reduces the need for such construction or grading. That the bulk and scale of the proposed structure has been minimized to the greatest extent feasible commensurate with preserving the physical slope characteristics of the site. PBD \JD \T\Resolutions \RPC 08 -153 DR Johnson SFR 2011- 17.doc Page 3 of 21 Facts /Discussion: The project site's natural topography slopes downward from the northwest portion of the property line to the southwest corner. To create the residential pad, the proposed grading includes daylight lines of cut/fill through the center of the proposed pad. The project is conditioned to comply with all stormwater requirements and satisfy Section 3.2.10 where "all hardscape and walkway areas shall be graded to facilitate drainage." Given the natural topography, retaining walls up to six feet in height are used sparingly along the driveway and in the backyard consistent with Section 2.6.5. All retaining walls shall be earth - colored and textured to match the vicinity per Section 3.2.7. Consistent with Section 3.2.3, the 2:1 slope at the rear of the home and in the front of the home avoids the use of retaining walls and angular features and transitions from the residential pad upward to blend with the upper natural terrain to create a more natural appearing slope. The single - family residence is exempt from Design Review in accordance with EMC Section 23.08.030137 and complies with the RR zone development standards as defined in EMC Chapter 30.16 (Residential Zones). The project complies with all applicable policies of the General Plan because the residential use is consistent with the land use designation and justification made for the wetland buffer encroachment, applicable provisions of the Municipal Code, and with all applicable development standards of the underlying RR zone. The proposed height of 26 feet for the single- family residence is measured from the lower of natural or finished grade and is consistent with the maximum 30 -foot height envelope for a lot within the RR zone. Conclusion: Therefore, the Planning Commission finds that the bulk and scale of the proposed single - family residence and grading have been minimized to the greatest extent feasible commensurate with preserving the onsite slope characteristics. PBD \JD \T\Resolutions \RPC 08 -153 DR Johnson SFR 2014- 17.doc Page 4 of 21 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: A Design Review Permit request to allow for grading of a residential pad that includes changes in grade that is greater than four feet of fill or eight feet of cut lower than the existing onsite grade in some locations, the construction of a driveway through steep slope areas, and the proposed encroachment of grading into natural slope gradients of 25% or greater for the project. Discussion: The project site's natural topography slopes downward from the northwest portion of the property line to the southwest corner. To create the residential pad, the proposed grading includes daylight lines of cut/fill through the center of the proposed pad. The project is conditioned to comply with all stormwater requirements and satisfy Section 3.2.10 where "all hardscape and walkway areas shall be graded to facilitate drainage." Given the natural topography, retaining walls up to six feet in height are used sparingly along the driveway and in the backyard consistent with Section 2.6.5. The proposed grading for the residential pad includes changes in grade that would involve greater than four (4) feet of fill or eight (8) feet of cut lower than the existing onsite grade in some locations, which is subject to Design Review per EMC Chapter 23.08.0301314 (General Scope and Exemptions). In particular, portions of the residential pad are greater than 4 -feet higher than the natural grade which would require a Design Review Permit and lower than 8 feet of cut. The review of the grading plan shows the proposed pad (262 feet) to be approximately 4 feet higher than the natural grade (258 feet) in the front of the residential pad, and the proposed pad (262) is approximately 10 feet lower than the natural grade (272) behind the residence. To address the differences of cut and fill between the proposed pad and natural grade, a Design Review Permit is required. As such, the project as proposed would comply with all applicable development standards of the subject RR zone. Conclusion: 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 Review Guidelines. Facts: Requests for Design Review are processed in accordance with EMC Chapter 23.08 (Design Review) and the Design Review Guidelines. Pursuant to Section 30.34.030 (Hillside /Inland Bluff Overlay Zone) of the Municipal Code, the property lies within the Hillside /Inland Bluff Overlay Zone and is subject to all the rules and regulations thereof. Discussion: The project site's natural topography slopes downward from the northwest portion of the property line to the southwest corner. To create the residential pad, the proposed grading includes daylight lines of cut/fill through the center of the proposed PBD \JD \T\Resolutions \RPC 08 153 DR Johnson SFR 2014- 17.doc Page 5 of 21 pad. The project is conditioned to comply with all stormwater requirements and satisfy Section 3.2.10 where "all hardscape and walkway areas shall be graded to facilitate drainage." Given the natural topography, retaining walls up to six feet in height are used sparingly along the driveway and in the backyard consistent with Section 2.6.5. The proposed grading for the residential pad includes changes in grade that would involve greater than four (4) feet of fill or eight (8) feet of cut lower than the existing onsite grade in some locations, which is subject to Design Review per EMC Chapter 23.08.0301314 (General Scope and Exemptions). In particular, portions of the residential pad are greater than 4 -feet higher than the natural grade which would require a Design Review Permit and lower than 8 feet of cut. The review of the grading plan shows the proposed pad (262 feet) to be approximately 4 feet higher than the natural grade (258 feet) in the front of the residential pad, and the proposed pad (262) is approximately 10 feet lower than the natural grade (272) behind the residence. To address the differences of cut and fill between the proposed pad and natural grade, a Design Review Permit is required. As such, the project as proposed would comply with all applicable development standards of the subject RR zone. Conclusion: The Planning Commission finds that the project design as proposed is consistent with the Design Review Guidelines. c. The project would adversely affect the health, safety, or general welfare of the community. Facts /Discussion: The City has performed an Environmental Initial Study, which determined that no significant negative environmental impacts would result from the proposed project design. The draft Mitigated Negative Declaration was available for public review from May 2, 2014 to June 2, 2014. The Planning Commission, in its independent judgment, finds that the Environmental Initial Study (EIS) was completed in accordance with the requirements of the California Environmental Quality Act (CEQA). The final Mitigated Negative Declaration is being considered and adopted by the Planning Commission as part of this resolution. Because all public services and facilities are available and the project is located in a developed residential area and includes adequate stormwater treatment facilities, no adverse effects to the safety, health, and general welfare of the community are anticipated. Discussion: No evidence has been received by the City to indicate that the proposed project would adversely affect the health, safety, or general welfare of the site, the immediate neighborhood, or the greater community. The proposed Design Review Permit will conform to all applicable provisions of the Municipal Code and General Plan. Conclusion: The Planning Commission finds that the project design 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 /Discussion: Single- family residential uses zoned RR surround the project site. The project would enhance the appearance of the property and the neighborhood. The project preserves the steep slopes and wetland on the property. No evidence has been submitted or discovered that would suggest that the proposed project would cause any PBD \JD \T\Resolutions \RPC 08 -153 DR Johnson SFR 2014- 17.doc Page 6 of 21 material depreciation in appearance or value of the surrounding neighborhood since the all of the development standards are met, and the proposed use is consistent and a permitted use of the underlying residential zoning. Conclusion: The Planning Commission finds that the project will not cause the surrounding neighborhood to depreciate materially in appearance or value. PBD \JD \T\Resolutions \RPC 08 -153 DR Johnson SFR 2014- 17.doc Page 7 of 21 ATTACHMENT "B" RESOLUTION NO. PC 2014 -17 CASE NO. 08 -153 DR CONDITIONS OF APPROVAL Applicant: Keith and Deanne Johnson Location: 3587 Copper Crest Road (APN 264- 223 -24) SC1 SPECIFIC CONDITIONS: SC2 At any time after two years from the date of this approval, on June 19, 2016 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 stamped received by the City on June 4, 2014, consisting of three sheets, including: Title Sheet/Site Plan (Sheet 1), Exterior Elevations (Sheet 2), and Floor Plans (Sheet 3); Preliminary Grading Plan Title Sheet (Sheet 1/4), Preliminary Grading Plan (Sheet 2/4), Preliminary Grading Plan — Section Profiles (Sheet 3/4), and Preliminary Grading Plan - Environmentally Sensitive Area Buffer Zone (Sheet 4/4); and Landscape Plans — Title Sheet (LC -1), Landscape Concept Plan (LC -2), Planting Legend (LC -3) and Irrigation Plans (LC -4 and LC -5) - all designated as approved by the Planning Commission on June 19, 2014, 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 Planning and Building Department: 1. Prior to final occupancy, a final inspection shall be completed and approved by the Planning and Building Department. 2. Pursuant to Section 9.32.410 (Construction Equipment), the applicant shall take all measures to ensure the lawful operation of construction equipment to the satisfaction of the Planning and Building Department and Engineering Department. 3. Prior to the issuance of building permits, the applicant shall provide all landscape water efficiency calculations and a best management worksheet checklist pursuant to Section 23.26 (Water Efficient Landscape Program) of the Municipal Code. 4. Pursuant to Chapter 30.343.030 (Hillside /Inland Bluff Overlay), prior to the issuance of building permits, the applicant shall execute and record a Steep Slope Easement PBD \JD \T\Resolutions \RPC 08 -153 DR Johnson SFR 2011- 17.doc Page 8 of 21 placing all steep slopes of 25% gradient or more in a slope preservation easement to the satisfaction of the Planning and Building Department. Said easement shall prohibit grading or placement of any structure within said steep slope areas unless authorized by the City of Encinitas. 5. Pursuant to Chapter 30.343.040133 (Wetlands), prior to the issuance of building permits, the applicant shall execute and record an Biological Open Space Easement for the area depicted as "Environmental Sensitive Area" and the maximum 50 -foot open space buffer on the Preliminary Grading Plan dated received by the City on June 4, 2014 and the Biological Resources Assessment Report dated April 28, 2014. Said easement shall prohibit grading or placement of any structure within said open space easement unless authorized by the City of Encinitas. Easement restrictions shall allow for plantings of drought - tolerant, non - invasive landscaping only within proposed manufactured slope areas of the wetland buffer area. 6. In a few locations, the toe of slope to create the residential pad encroaches into the Environmentally Sensitive Area. To the satisfaction of the Planning and Building Department and Engineering Department, these encroachments shall be removed from the plans prior to grading permit approval. 7. To the satisfaction of the Planning and Building Department, all retaining walls shall be landscaped and constructed with quality materials with color and texture appropriate to the proposed residence in color and architecture in accordance with Design Review Guidelines Section 2.6.5. 8. Prior to Final Occupancy, upon completion of the landscape installation, a letter certifying that the landscape plan materials have been installed according to the City- approved plans shall be prepared by the landscape architect and submitted to the Planning and Building Department. 9. Upon completion of the landscape installation, a field visit shall be conducted by the Planning and Building Department staff; and if it is determined that at that time that sufficient landscaping is not provided, additional landscaping improvements shall be required to be installed by the applicant. The additional landscaping improvements shall be installed to the satisfaction of the Planning and Building Department prior to final occupancy. SCB The following conditions of approval shall be completed and /or fulfilled to the satisfaction of the Engineering Department: 1. As shown on the Design Review (DR) site plan, the applicant shall extend the 42- inch stormdrain pipe under the proposed driveway to collect the water from the drainage channel along the property frontage to the satisfaction of the City Engineer. The applicant shall construct a concrete headwall at the inlet of the pipe extension and shall lay adequate rip rap at the opening to dissipate the energy of the water before entering the pipe. 2. This development is a Priority Development Project for stormwater quality. The proposed bioretention basins for stormwater quality shall be designed and constructed to the satisfaction of the City Engineer and permitted by an approved PBD \JD \T\Resolutions \RPC 08 -153 DR Johnson SFR 2011- 17.doc Page 0 of 21 grading plan. An adequate on -site drainage system shall be designed to collect all of the runoff from the proposed impervious surface including all runoff from the driveway and route the runoff to the numerically sized priority bioretention basins. Water shall not sheet flow over the proposed slopes on either side of the driveway. A series of traffic rated trench drains shall be utilized to capture runoff and route to the bioretention basins. The property owner shall execute and record a "Stormwater Treatment Facility Maintenance Agreement" to ensure the perpetual maintenance of the facilities in perpetuity. If the project is considered a Priority Development Project only because of the driveway area, it may not have to meet Hydromodification Management Plan requirements. 3. As shown on the DR site plan, the applicant shall construct a 4 -foot wide DG trail along the property frontage of Copper Crest Drive. The applicant shall grant to the City a Public Trail Easement for the placement of this trail. The design of any retaining walls and grading associated with this trail shall be permitted on the grading plan. SCC The following conditions of approval shall be completed and /or fulfilled to the satisfaction of the Fire Department: Where portions of the proposed dwelling could not provide the required 100 -foot defensible space between existing vegetation and the dwelling, enhanced fire resistive construction (one -hour rated resistive construction) for the entire north exterior wall of the dwelling and portions of the east and west facing portions of dwelling, including, but not limited to, enclosed non - combustible eaves of the dwelling shall be required. The one -hour rated walls are depicted as a "bolder outline" of the dwelling perimeter as shown on the Grading Plan and Architectural Site Plan. The fire resistive construction requirements must exceed the standard fire code requirements for dwellings located in properties located in very high fire hazard severity zones. 2. Prior to Final Occupancy, the tamarisk trees on the property shall be removed or thinned by a minimum of 30 percent and up to 40 percent dependent on its density of trees. This is required in order to reduce the fuel load and potential fire hazard. The trees will be required to be maintained annually at this level. 3. Prior to Final Occupancy, the existing eucalyptus trees on site shall be removed or thinned. 4. 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. The Landscaped Plans shall be reviewed and approved by the Encinitas Fire Department prior to building permit issuance. SCD In accordance with the Final Mitigated Negative Declaration, the Mitigation Monitoring and Reporting Program (MMRP) includes the following conditions of approval and shall be completed and /or fulfilled to the satisfaction of the Planning and Building and Engineering Services Departments prior to issuance of any permits for the project: PBD\JD \T\Resolutions \RPC 08 -153 DR Johnson SFR 2014- 17.doc Page 10 of 21 Prior to grading permit issuance, the project applicant shall mitigate impacts to 0.06 acre of wetland vegetation and 0.02 acre of streambed at a 2:1 and 1:1 mitigation ratios, respectively. In addition, the project applicant shall mitigate impacts to 0.09 acre of wetland buffer at a 1:1 mitigation ratio. Mitigation for the total 0.23 -acre of wetland impacts shall be achieved through off -site acquisition and conservation or on -site establishment and enhancement of wetland habitat. Off -site acquisition may be achieved by purchasing credits from a mitigation bank approved by the Wildlife Agencies and located within the planning area of the Multiple Habitat Conservation Program. On -site establishment and enhancement shall be achieved to the satisfaction of the California Department of Fish and Wildlife. 2. Prior to grading permit issuance, conditions of the Streambed Alteration Agreement, as issued by the California Department of Fish and Wildlife, shall be specified on the grading plan to the satisfaction of the Planning and Building Department. 3. Prior to grading permit issuance, the project applicant shall record a biological open space easement over the "environmentally sensitive area" and "wetland buffer zone" as portrayed on Sheet 4 of 4 of the Preliminary Grading Plan to the satisfaction of the Engineering Services Department. The following restrictions shall apply to the open space easement: a. No development, construction of structures, or other land disturbing activities shall occur within the biological open space easement other than those activities within the wetland buffer zone that are allowed by Encinitas General Plan policies and approved by the Planning and Building Department, activities proposed to naturally enhance /restore the open space as approved by the Planning and Building Department, or those activities associated with conditions of the Streambed Alteration Agreement that is approved by the California Department of Fish and Wildlife. Any planting of vegetation within the wetland buffer zone shall be non - invasive and approved by the Planning and Building Department and Fire Marshal. b. Any fuel modification within the wetland buffer zone shall be conducted outside of the avian breeding season unless a qualified biologist conducts a survey within the easement to determine the presence or absence of nesting bird species. If nesting birds are not found, then fuel modification may proceed within the breeding season. Any fuel modification activity within the wetland buffer zone shall be monitored by a qualified biologist to ensure wetland habitat is not disturbed. c. No invasive plant species shall be planted in the open space easement. Invasive species consist of those listed on Lists A & B of the California Invasive Plant Council's "Exotic Pest Plants of Greatest Ecological Concern in California as of October 1999 ". The property owner shall be responsible for any necessary removal of invasive PBD \JD \T\Resolutions \RPC 08 -153 DR Johnson SFR 2014- 17.doe Page 11 of 21 vegetation within the open space easement. d. All outdoor lighting shall be directed away from the biological open space easement. e. The limits of the biological open space easement shall be protected with permanent fencing to the satisfaction of the City's Planning and Building Department Director and City's Fire Marshal. 4. Prior to grading and building permit issuance, the limits of the biological open space easement shall be protected with construction and silt fencing that shall be portrayed on the construction plans to the satisfaction of the Planning and Building Department. Grading and building plans shall specify that construction fencing shall be maintained for the entire duration of construction activity until permanent fencing is installed. 5. Prior to grading permit issuance, if on -site mitigation is proposed, the wetland establishment, enhancement, and monitoring plan shall be approved by the Encinitas Planning and Building Department and, through issuance of the Streambed Alteration Agreement, approved by the California Department of Fish and Wildlife. The approved plan shall be bonded prior to grading permit issuance and implemented prior to issuance of certificate of occupancy for the future residence. 6. Prior to issuance of construction permits, construction plans shall include the following measures: a. Employees shall strictly limit their activities, vehicles, equipment, and construction materials to the fenced project footprint. b. The project site shall be kept clean of trash. All food - related trash items shall be enclosed in sealed containers and removed from the site on a daily basis. c. Pets of project personnel shall not be allowed on the project site. d. Disposal or temporary placement of excess fill, brush or other debris shall not be allowed in the open space easement. e. All equipment maintenance, staging, and dispensing of fuel, oil, coolant, or any other such activities shall occur in designated areas outside of the open space easement within the fenced project impact limits. These designated areas shall be located in previously compacted and disturbed areas to the maximum extent practicable in such a manner as to prevent any contaminated runoff from entering waters of the United States, and shall be shown on the construction plans. Fueling of equipment shall take place within existing paved areas greater than 100 feet from waters of the United States. Contractor equipment shall be checked for leaks prior to operation and repaired as necessary. "No- fueling zones" shall be designated on construction plans. PBD \JD \T\Resolutions \RPC 08 -153 DR Johnson SFR 2014- 17.doc Page 12 of 21 7. Prior to issuance of certification of occupancy for the future residence, the limits of the biological open space easement shall be protected with permanent fencing that shall be portrayed on the construction plans to the satisfaction of the City's Planning and Building Department Director and City's Fire Marshall. 8. Prior to construction permit issuance, project landscape plans shall be reviewed and approved by the Planning and Building Department. The project applicant shall ensure that development landscaping does not include exotic plant species that may be invasive to native habitats. Exotic plant species not to be used include those species listed on Lists A & B of the California Invasive Plant Council's (Cal -IPC) list of "Exotic Pest Plants of Greatest Ecological Concern in California as of October 1999 ". This list includes such species as pepper trees, pampas grass, fountain grass, ice plant, myoporum, black locust, capeweed, tree of heaven, periwinkle, sweet alyssum, English ivy, French broom, Scotch broom, and Spanish broom. A copy of the complete list can be obtained from Cal- IPPC's web site at http: / /www.cal- ipc.org. In addition, landscaping should not use plants that require intensive irrigation, fertilizers, or pesticides adjacent to preserve areas and water runoff from landscaped areas should be directed away from the biological conservation easement area and contained and /or treated within the development footprint. 9. Prior to grading permit issuance, an erosion control plan shall be submitted for review and approval by the Engineering Services Department. The plan shall be consistent with provisions of the Encinitas Stormwater Manual and the Grading, Erosion, and Sediment Control Ordinance. SCE 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 and adopt the Mitigated Negative Declaration prepared for the project. G1 STANDARD CONDITIONS: CONTACT THE PLANNING AND BUILDING DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): G2 This approval may be appealed to the City Council within 15 calendar days from the date of this approval in accordance with Chapter 1.12 of the Municipal Code. G4 Prior to building permit issuance, the owner shall cause a covenant regarding real property to be recorded. Said covenant shall set forth the terms and conditions of this grant of approval and shall be of a form and content satisfactory to the Planning and Building Department. 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. PBD \JD \T\Resolutions \RPC 08 -153 DR Johnson SFR 2014 17.doc Page 13 of 21 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- inches x 11- inches) 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. 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. 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. G22 Building plans for all new dwelling units and commercial /office building shall include installation of wiring for current or future installation of photovoltaic energy generation system(s). G23 Any wall, fence or combination thereof exceeding 6 feet in height and facing any neighboring property or visible from the public right -of -way shall be subject to Design Review pursuant to Section 23.08.040(A1) of the Encinitas Municipal Code. Where a minimum 2 feet horizontal offset is provided, within which screening vegetation is provided to the satisfaction of the Planning and Building Department, the fence /wall may PBD \JD \T\Resolutions \RPC 08 -153 DR Johnson SFR 2014- 17.doe Page 14 of 21 not be considered on continuous structure for purposes of measuring height and may be exempted from Design Review provided none of the offset fences or walls exceed 6 feet in height pursuant to Section 2.080.030(B1). 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 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 }. B1 BUILDING CONDITION: CONTACT THE ENCINITAS BUILDING DIVISION REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION: 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. F1 FIRE CONDITION(S): CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: F -2 ACCESS ROAD MINIMUM DIMENSIONS: Fire apparatus access roads shall have an unobstructed improved width of not less than 24 feet; curb line to curb line, and an unobstructed vertical clearance of not less than 13 feet 6 inches. Exception: Single - Family residential driveways; serving no more than two single - family dwellings, shall have minimum of 16 feet, curb line to curb line, of unobstructed improved width. Access roads shall be designed and maintained to support the imposed loads of not less than 75,000 pounds. PBD \JD \T\Resolutions \RPC 08 -153 DR Johnson SFR 2011- 17.doc Page 15 of 21 F -4 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. F -5 GRADE: The gradient for a fire apparatus access roadway shall not exceed 20.0 %. Grades exceeding 15.0% (incline or decline) shall not be permitted without mitigation. Minimal mitigation shall be a surface of Portland cement concrete, with a deep broom finish perpendicular to the entire direction of travel. Additional mitigation measures may be required where deemed appropriate. The angle of departure and angle of approach of a fire access roadway shall not exceed seven degrees (12 percent). F -6 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. F -8 CONSTRUCTION MATERIALS: Prior to delivery of combustible building construction materials to the project site all of the following conditions shall be completed to the satisfaction of the Fire Department: 1. All wet and dry utilities shall be installed and approved by the appropriate inspecting department or agency; 2. As a minimum the first lift of asphalt paving shall be in place to provide a permanent all weather surface for emergency vehicles; and 3. All fire hydrants shall be installed, in service and accepted by the Fire Department and applicable water district. F -9 POSTING OR STRIPING 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 parking of vehicles, in accordance with the California Fire Code and the Encinitas Fire Department. F -11 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 PBD \JD \T\Resolutions \RPC 08 -153 DR Johnson SFR 2014- 17.doe Page 16 of 21 the water agency serving the area shall be provided that a state that 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) 2 %2 -inch NST outlets. F -12 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. F -13 ADDRESS 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- inches high with a '/2 -inch stroke width for residential buildings, 8- inches high with a %2 -inch stroke for commercial and multi - family residential buildings, 12- inches high with a 1 -inch 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. F -15 AUTOMATIC FIRE SPRINKLER SYSTEM: Structures shall be protected by an automatic fire sprinkler system designed and installed to the satisfaction of the 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. EG1 Grading Conditions EG3 The developer 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. PBD \JD \T\Resolutions \RPC 08 -153 DR Johnson SFR 2014- 17.doc Page 17 of 21 EG6 Separate grading plans shall be submitted and approved and separate grading permits issued for borrow or disposal sites if located within the city limits. EG7 All newly created slopes within this project shall be no steeper than 2:1. EG7A All newly created slopes within this project shall be no steeper than 2:1. Variable slopes should be designed in order to mimic the natural slope appearance. If variable slopes are used, the average slope gradient shall be no steeper than 2:1. The average slope is the horizontal distance "H" to vertical distance "V" measured from the toe to the top of slope. A geotechnical engineer shall verify that the proposed variable slopes have adequate factor of safety against massive and localized failure. 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 developer shall submit to and receive approval from the Engineering Services Director for the proposed haul route. The developer 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. EG11 In accordance with Section 23.24.510 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'; B) Include only native, drought - tolerant plants on slopes that are adjacent to biological open space areas or areas containing native vegetation; and 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 PBD \JD \T\Resolutions \RPC 08 -153 DR Johnson SFR 2014- 17.doc Page 18 of 21 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. EG12 In compliance with Municipal Code 23.24.490 regarding the blending and rounding of slopes, the project shall meet the following requirements. Design for slope undulation shall be included on the Grading Plan that is submitted for this project. A) All slopes greater than 15 feet high shall be rounded into the existing terrain to produce a contoured transition from slope face to natural ground and abutting cut or fill surfaces where conditions permit. B) Straight uniform slopes shall be avoided. Every effort should be made to construct slopes that appear natural in character. The steepness of slopes should vary and slope faces should undulate in an effort to produce a more natural appearing slope. Sharp, angular changes in the direction of slope faces shall not be permitted. C) Grading should be planned to retain natural topography and vegetation and cause the least amount of disturbance while allowing development. D) Uniform "stair- stepping" of building pads shall be prohibited. Diversity in design solutions, which add the characteristics of variety to hillside development, shall be encouraged. E) Whenever possible, existing building sites and pads shall be utilized. Proposed structures should be designed to conform to the existing site conditions and terrain. Modification of existing sites to conform to proposed structures shall be discouraged. ED1 Drainage Conditions ED2A An erosion control system shall be designed and installed onsite during all construction activity. The system shall prevent discharge of sediment and all other pollutants onto adjacent streets and into the storm drain system. The City of Encinitas Best Management Practice Manual shall be employed to determine appropriate storm water pollution control practices during construction. ED3 A drainage system capable of handling and disposing of all surface water originating within the project site, and all surface waters that may flow onto the project site from adjacent lands, shall be required. Said drainage system shall include any easements and structures required by the Engineering Services Director to properly handle the drainage. ED5 The owner shall pay the current local drainage area fee prior to issuance of the building permit for this project or shall construct drainage systems in conformance with the Master Drainage Plan and City of Encinitas Standards as required by the Engineering Services Director. ED6 The owner of the subject property shall execute a hold harmless covenant regarding drainage across the adjacent property prior to approval of the any grading or building permit for this project. PBD \JD \T\Resolutions \RPC 08 -153 DR Johnson SFR 201 1- 17.doc Page 19 of 21 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. EU1 Utilities Conditions 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 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 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 BMPs are to be privately maintained and the facilities not modified or removed without a permit from the City. ESW6 Storm Water Pollution Control (SWPC) facilities shall be designed and approved by the City Engineer, and secured with a performance bond prior to the issuance of a grading permit for this project. 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 PRn \.1r)MResn1utinns \RPG 08-153 DR Johnson SFR 2014- 17.doc Page 20 of 21 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 plan. PBD \JD \T\Resolutions \RPC 08 -153 DR Johnson SFR 2014- 17.doc Page 21 of 21