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