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2013-10RESOLUTION NO. PC 2013 -10 A RESOLUTION OF THE CITY OF ENCINITAS PLANNING COMMISSION APPROVING A DESIGN REVIEW PERMIT AND COASTAL DEVELOPMENT PERMIT FOR THE DEMOLITION OF ALL ONSITE STRUCTURES AND THE CONSTRUCTION OF A DUPLEX FOR PROPERTY LOCATED AT 185 WEST JASON STREET (APN 254 - 230 -47) IN THE COMMUNITY OF LEUCADIA AND IN THE COASTAL APPEAL ZONE CASE NO. 12 -050 DR/CDP (APN 254 - 230 -47) WHEREAS, a request for consideration of a Design Review and Coastal Development Permit was filed by Larry Lipkin for James Lattin of WKL Trust to demolish all onsite structures and to construct a duplex, in accordance with Chapters 23.08 and 30.80 of the Encinitas Municipal Code, for the property located in the Residential 11 (Rl l) zone and within the Coastal Appeal Zone, legally described as: Parcel 1 of Certificate of Compliance recorded July 2, 2007 as Instrument Document No. 2007 - 443977. WHEREAS, the Planning Commission conducted a noticed public hearing on the application on May 2, 2013, at which time all those desiring to be heard were heard; and WHEREAS, the Planning Commission considered, without limitation: 1, The May 2, 2013 agenda report to the Planning Commission with attachments; 2. The General Plan, Local Coastal Program, Municipal Code and associated Land Use Maps; 3. Oral evidence submitted at the hearing; 4. Written evidence submitted at the hearing; 5. Project drawings consisting of ten sheets, including Site Plan/Title Sheet (Sheet 1), First and Second Floor Plans (Sheets 2 and 3), Roof Plan (Sheet 4), Basement Plan (Sheet 5), Elevations (Sheets 6 and 7), Landscape Plan (Sheet 8), Grading and Drainage Plans (Sheet G -1 and G -2) — stamped received on January 7, 2013; the project colored elevations — stamped received on January 22, 2013; and sample color /material board — stamped received on April 15, 2013; and WHEREAS, the Planning Commission made the following findings pursuant to Chapters 23.08 and 30.80 of the Encinitas Municipal Code: SEE ATTACHMENT "A" PBD /JDMResolutions \RPC12 -050 DRCDP West Jason Duplex 2013- 10.doc Page 1 of 16 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Encinitas hereby approves Case No. 12 -050 DR/CDP subject to the following conditions: SEE ATTACHMENT "B" BE IT FURTHER RESOLVED that the Planning Commission, in its independent judgment, finds that this project is categorically exempt from environmental review pursuant to Sections 15301(1)(1) and 15303(b) of the California Environmental Quality Act (CEQA) Guidelines. Section 15301(1)(1) exempts the demolition and removal of one (1) single - family residence. Section 15303(b) exempts a duplex or similar multi - family residential structure, totaling no more than four dwelling units. In urbanized areas, this exemption applies to apartments, duplexes and similar structures designed for not more than six dwelling units. PASSED AND ADOPTED this 2nd day of May, 2013, by the following vote, to wit: AYES: Brandenburg, Felker, Groseclose, O'Grady, Shannon NAYS: ABSENT: • _ :_ 1► Jo A�ni Shannon, Chair of the Commission of the City of Encinitas ATTEST: J f Murphy, Secretary NOTE: This action is subject to Chapter 1.04 of the Municipal Code, which specifies time limits for legal challenges. PBD /JDMResolutions \RPC12 -050 DRCDP West Jason Duplex 2013- 10.doe Page 2 of 16 ATTACHMENT "A" Resolution No. PC 2013 -10 Case No. 12 -050 DR/CDP FINDINGS FOR DESIGN REVIEW STANDARD: Section 23.08.080 of the Encinitas Municipal Code provides that an application for a design review permit must be granted unless, based upon the information presented in the application and during the Public Hearing, the authorized agency makes any of the following regulatory conclusions: a. The project design is inconsistent with the General Plan, Local Coastal Program, a Specific Plan, or the provisions of the Municipal Code. Facts: The project site is Parcel 1 of the Certificate of Compliance recorded July 2, 2007 as Instrument Document No. 2007 - 443977. The demolition of all onsite structures and the construction of a duplex may be allowed in the subject RI l zone with the approval of a Design Review application in accordance with Chapter 23.08 and Coastal Development Permit in accordance with Chapter 30.80 of the Municipal Code. All public utilities and services are in place to serve the proposed use. There is no specific plan applicable to the property. Discussion: The subject lot is surrounded by residential development to the north, west and south also zoned Residential -11 (RI 1), which requires a minimum lot size of 3,950 SF and permits multi - family development per Chapter 30.16 (Residential Zones). A 21 -unit mobile home park (Hilltop Trailer Park) lays immediately to the east. The project as proposed will comply with all applicable development standards of the subject RI l zone, including parking, building height, lot coverage, floor area ratio (FAR), and setbacks, and will be required to comply with all applicable Building and Fire codes through the standard plan checking process. The project will be consistent with the General Plan and the provisions of the Municipal Code. 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 Guidelines. Facts: The project site is Parcel 1 of the Certificate of Compliance recorded July 2, 2007 as Instrument Document No. 2007 - 443977. The demolition of all onsite structures and the construction of a duplex may be allowed in the subject Rl l zone with the approval of a Design Review application in accordance with Chapter 23.08 and Coastal Development Permit in accordance with Chapter 30.80 of the Municipal Code. All public utilities and services are in place to serve the proposed use. Discussion: The proposed site plan, building massing, and plantings are designed to be respectful of views from neighboring properties. The use of decks creates usable and PBD /JD/T \Resolutions \RPC12 -050 DRCDP West Jason Duplex 2013- 10.doc Page 3 of 16 functional private open space for each proposed residence and each unit. The proposed grading is minimal and conforms to the existing topography of the site. Drainage and storm water treatment measures are well designed and in conformance with applicable codes. The project presents interesting and varied rooflines and wall and story articulation gives the project visual interest. That, in combination with the use of porches, balconies and insets serves to reduce apparent bulk and mass of the proposed structure. Review of the project colored elevations and color /materials board shows that the proposed duplex will be consistent with existing developments in the neighborhood. The character of the building design is well established and carried throughout all elevations. Proposed site walls and fences along the perimeter of the project reflect the design of the proposed residences with matching materials and colors and are complementary of the proposed plantings, which sufficiently screen and soften their appearance and comply with applicable standards. Proposed tree and shrub varieties will be in scale with the proposed units and will preserve view opportunities of neighboring properties while effectively screening and complementing the proposed development. All plantings will be watered by a permanent irrigation system. Conclusion: The Planning Commission finds that the project is substantially consistent with the Design Review Guidelines. c. The project would adversely affect the health, safety, or general welfare of the community. Facts: The project site is Parcel 1 of the Certificate of Compliance recorded July 2, 2007 as Instrument Document No. 2007 - 443977. The demolition of all onsite structures and the construction of a duplex may be allowed in the subject RI zone with the approval of a Design Review application in accordance with Chapter 23.08 and Coastal Development Permit in accordance with Chapter 30.80 of the Municipal Code. All public utilities and services are in place to serve the proposed use. Discussion: The project as proposed will comply with all applicable development standards of the subject RI l zone, including parking, building height, lot coverage, floor area ratio (FAR), and setbacks, and will be required to comply with all applicable Building and Fire codes through the standard plan checking process. No evidence has been submitted or discovered that would suggest that the proposed project will adversely affect the surrounding neighborhood or community. The project is exempt from environmental review and no adverse impact to the environment is anticipated. Conclusion: The Planning Commission finds that the project will not adversely affect the health, safety or general welfare of the community. d. The project would cause the surrounding neighborhood to depreciate materially in appearance or value. Facts: The project site is Parcel 1 of the Certificate of Compliance recorded July 2, 2007 as Instrument Document No. 2007 - 443977. The demolition of all onsite structures and the construction of a duplex may be allowed in the subject RI l zone with the approval of a PBD /JD/T \Resolutions \RPC12 -050 DRCDP West Jason Duplex 2013- 10.doc Page 4 of 16 Design Review application in accordance with Chapter 23.08 and Coastal Development Permit in accordance with Chapter 30.80 of the Municipal Code. All public utilities and services are in place to serve the proposed use. Discussion: The proposed duplex and site improvements including landscaping will enhance the appearance of the property and the neighborhood. The existing single family home and accessory structures to be demolished were built approximately 30 -40 years ago and are currently in poor condition. The subject property provides sufficient area to accommodate the proposed development. No evidence has been submitted or discovered that would suggest that the proposed project will cause any material depreciation in appearance or value of the surrounding neighborhood. 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 \RPC12 -050 DRCDP West Jason Duplex 2013- 10.doc Page 5 of 16 FINDINGS FOR A COASTAL DEVELOPMENT PERMIT STANDARD: Section 30.80.090 of the Municipal Code provides that the authorized agency must make the following findings of fact, based upon the information presented in the application and during the Public Hearing, in order to approve a coastal development permit: 1. The project is consistent with the certified Local Coastal Program of the City of Encinitas; and 2. The proposed development conforms with Public Resources Code Section 21000 and following (CEQA) in that there are no feasible mitigation measures or feasible alternatives available which would substantially lessen any significant adverse impact that the activity may have on the environment; and 3. For projects involving development between the sea or other body of water and the nearest public road, approval shall include a specific finding that such development is in conformity with the public access and public recreation policies of Section 30200 et. seq. of the Coastal Act. Facts: The project site is Parcel 1 of the Certificate of Compliance recorded July 2, 2007 as Instrument Document No. 2007 - 443977. The demolition of all onsite structures and the construction of a duplex may be allowed in the subject R1 zone with the approval of a Design Review application in accordance with Chapter 23.08 and Coastal Development Permit in accordance with Chapter 30.80 of the Municipal Code. All public utilities and services are in place to serve the proposed use. There is no specific plan applicable to the property. Discussion: Related to finding No. 1, with the approval of the Design Review and Coastal Development Permit request the proposed project will comply with all applicable Sections of the City's General Plan, certified Local Coastal Program, and Municipal Code,. Related to finding No. 2, the project has been determined to be categorically exempt from environmental review as per California Environmental Quality Act (CEQA) Guidelines Sections 15301(1)(1) and 15303(b). Finding No. 3 is not applicable since the project is not located between the sea or other body of water and the nearest public road. Conclusion: The Planning Commission finds that 1) the project is consistent with the certified Local Coastal program of the City of Encinitas; 2) the project is exempt from environmental review as per CEQA Guidelines Sections 15301(1) (1) and 15303(b) and no potentially significant adverse impacts to the environment will result, and 3) finding No. 3 is not applicable to the project since it is not located between the sea or other body of water and the nearest public road. PBD /JD/T \Resolutions \RPC12 -050 DRCDP West Jason Duplex 2013- 10.doc Page 6 of 16 ATTACHMENT "B" Resolution No. PC 2013 -10 Case No. 12 -050 DR/CDP CONDITIONS OF APPROVAL Applicant: Larry Lipkin/WKL Trust Location: 185 West Jason Street (APN 254- 230 -47) SC1 SPECIFIC CONDITIONS: SC2 At any time after two years from the date of this approval May 2, 2015 at 5:00 p.m., 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 January 7, 2013 consisting of ten sheets, including Site Plan/Title Sheet (Sheet 1), First and Second Floor Plan (Sheets 2 and 3), Roof Plan (Sheet 4), Basement Plan (Sheet 5), Elevations (Sheets 6 and 7), Landscape Plan (Sheet 8), Grading and Drainage Plans (Sheet G -1 and G -2); and the project colored elevations received on January 22, 2013; and color /materials board received on April 15, 2013, all designated as approved by the Planning Commission on May 2, 2013 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: Prior to final occupancy, a final inspection will be completed 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 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. PBD /JDMResolutions \RPC12 -050 DRCDP West Jason Duplex 2013- 10.doc Page 7 of 16 4. This project shall comply with the previous conditions of PBD- 2003 -93 (Case No. 03- 014 TPM/CDP) approved November 14, 2003 - except as modified specifically herein. 5. Specific Condition SCA of PBD- 2003 -93 which approved the underlying 3 -lot subdivision on November 14, 2003, required that "Prior to the recordation of the Parcel Map, a covenant shall be recorded that causes Parcels 1, 2, and 3 to remain as one lot until such time as the existing structures are demolished or modified to conform to the required setbacks for the underlying R11 zone district." A covenant release shall be recorded to release the covenant recorded pursuant to Specific Condition SCA of PBD- 2003 -93 prior to building permit issue of the duplex. 6. Prior to the issuance of the building permit, the applicant shall record a covenant on the property ensuring that the applicant or any successors in interest to the property will maintain the basement area such that each basement shall not function as a separate dwelling unit and shall not be used as such per Chapter 30.48 (Accessory Uses). No cooking facilities shall be installed. The basement within each unit of the duplex shall not be enlarged or altered in any way without prior City approval. 7. In accordance with PBD- 2003 -93 (Case No. 03 -014 TPM/CDP) approved November 14, 2003, the pad elevations shown on the tentative parcel map shall serve as the basis for the determination of the height of future development on the proposed parcels. SCB The following conditions shall be completed and/or fulfilled to the satisfaction of the Engineering Services Department: 1. The conditions of approval for the previously approved TPM 03 -014 including required private and public improvements have not been built. The applicant shall incorporate these public and private improvements into their project as no building permits will be issued until these improvements are completed. 2. The public improvements required under 03 -014 TPM must be modified to meet today's standards. The public improvements shall include AC pavement widening to ensure a minimum of 24 -feet of paving or 12 -feet from centerline, whichever is greater, a 6 -inch by 16 -inch PCC flush curb, a 6 -foot pervious paver parking area, a 6 -inch raised PCC curb and 5 feet of DG sidewalk. The pervious pavers section shall be approved by the Engineering department but generally will include an approved pervious paver over 2 -3- inches of bedding course, over 8 inches of crushed rock. The applicant shall record an Encroachment Maintenance and Removal Covenant against the property to ensure the perpetual maintenance of the pervious pavers in the right - of -way. 3. The applicant shall process a precise grading plan/permit be approved prior to construction. The precise grading plan shall show existing and proposed contours, existing and proposed drainage, and proposed storm water pollution control IMPs. All runoff from roof and hadscape areas shall be routed to landscape area for IMP treatment prior to discharge from the private property. The IMPs shall be shown on PBD /JD/T \Resolutions \RPC12 -050 DRCDP West Jason Duplex 2013- 10.doc Page 8 of 16 the precise grading plan with a shading symbol clearly indicating their extent and shall be labeled as "Storm water pollution control IMPs to be privately maintained and not to be modified without a permit from the City ". The final design of the BMP /IMP areas designated for the IMP /BMP facilities are shown on the CDP site plan shall be reviewed and approved on the required precise grading plan. 4. Previous approved rough grading plan 9436 -G shall be construction changed to reflect the current ownership, change of engineers, and precise grading, or a completely new grading plan can be submitted for review and the old one abandoned. SCC The following conditions shall be completed and/or fulfilled to the satisfaction of the San Dieguito Water District: 1. The developer shall install the water system according to Water Agencies' Standards (WAS) and dedicate to the District the portion for the water system which is to be public. 2. The developer will be required to show all existing and proposed water facilities on improvement or grading plans for District approval. SCD Pursuant to the Planning Commission direction on May 2, 2013, the following conditions shall be completed and /or fulfilled to the satisfaction of the Planning and Building Department: 1. Prior to building permit issuance, building plans shall include a six -foot tall fence be constructed between the western edge of the swale and the 20 -foot wide private road easement located along the eastern property line of the 3 -lot subdivision to within 15- feet of the front property line, where it would then transition to four feet in accordance with the fence regulations of Chapter 30.16 (Residential Zones), to screen views of the project site and the adjacent mobile home park. 2. Prior to building permit issuance, the landscape plan shall be revised to include additional trees to soften and screen the appearance of the building mass in accordance with Chapter 7 (Landscape Guidelines) of the Design Review Guidelines. Taller trees with fuller canopies, which are drought - tolerant and appropriate for use along the coast, shall be added along the private road easement to the satisfaction of the Planning and Building Department. 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. PBD /JDMResolutions \RPC12 -050 DRCDP West Jason Duplex 2013- 10.doc Page 9 of 16 G3 This project is located within the Coastal Appeal Zone and may be appealed to the California Coastal Commission pursuant to Coastal Act Section 30603 and Chapter 30.04 of the City of Encinitas Municipal Code. An appeal of the Planning Commission's decision must be filed with the Coastal Commission within 10 days following the Coastal Commission's receipt of the Notice of Final Action. Applicants will be notified by the Coastal Commission as to the date the Commission's appeal period will conclude. Appeals must be in writing to the Coastal Commission, San Diego Coast District office. G4 Prior to building permit issuance, the owner shall cause a covenant regarding real property to be recorded. Said covenant shall set forth the terms and conditions of this grant of approval and shall be of a form and content satisfactory to the Planning and Building Director. The Owner(s) agree, in acceptance of the conditions of this approval, to waive any claims of liability against the City and agrees to indemnify, hold harmless and defend the City and City's employees relative to the action to approve the project. G5 Approval of this request shall not waive compliance with any sections of the Municipal Code and all other applicable City regulations in effect at the time of Building Permit issuance unless specifically waived herein. G7 Prior to issuing a final inspection on framing, the applicant shall provide a survey from a licensed surveyor or a registered civil engineer verifying that the building height is in compliance with the approved plans. The height certification/survey shall be supplemented with a reduced (8 %2" x 11 ") copy of the site plan and elevations depicting the exact point(s) of certification. The engineer /surveyor shall contact the Planning and Building Department to identify and finalize the exact point(s) to be certified prior to conducting the survey. G9 Trash enclosure(s) shall be constructed of masonry with an exterior compatible with that of the building(s), and shall be provided with view - obstructing solid metal gates as approved by the authorized agency. Adequate space for recyclable materials shall be provided within the enclosure in accordance with Municipal Code requirements. The applicant shall review the design of the trash enclosure with the service provider and receive approval prior to building permit issuance. G10 All retaining and other freestanding walls, fences, and enclosures shall be architecturally designed in a manner similar to, and consistent with, the primary structures (e.g. stucco - coated masonry, split -face block or slump stone). These items shall be approved by the Planning and Building Department prior to the issuance of building and/or grading permits. G11 All roof - mounted equipment and appurtenances, including air conditioners and their associated vents, conduits and other mechanical and electrical equipment, shall be architecturally integrated, and shall be shielded from view and sound buffered to the satisfaction of the Planning and Building Department. Note: All rooftop equipment shall be assumed visible unless demonstrated otherwise to the satisfaction of the Planning and Building Department, and adequate structural support shall be incorporated into building design. Rooftop vent pipes shall be combined below the roof, and shall utilize decorative caps where visible from any point. Ground- mounted mechanical and electrical PBD /JD/- RResolutions \RPC12 -050 DRCDP West Jason Duplex 2013- 10.doc Page 10 of 16 equipment shall also be screened through use of a wall, fence, landscaping, berm, or combination thereof to the satisfaction of the Planning and Building Department. All exterior accessory structures shall be designed to be compatible with the primary building's exterior to the satisfaction of the Planning and Building Department. G12 Prior to any use of the project site pursuant to this permit, all conditions of approval contained herein shall be completed or secured to the satisfaction of the Planning and Building Department. G13 The applicant shall pay development fees at the established rate. Such fees may include, but not be limited to: Permit and Plan Checking Fees, Water and Sewer Service Fees, School Fees, Traffic Mitigation Fees, Flood Control Mitigation Fees, Park Mitigation Fees, and Fire Mitigation/Cost Recovery Fees. Arrangements to pay these fees shall be made prior to building permit issuance to the satisfaction of the Planning and Building and Engineering Services Departments. The applicant is advised to contact the Planning and Building Department regarding Park Mitigation Fees, the Engineering Services Department regarding Flood Control and Traffic Fees, applicable School District(s) regarding School Fees, the Fire Department regarding Fire Mitigation/Cost Recovery Fees, and the applicable Utility Departments or Districts regarding Water and/or Sewer Fees. G19 Garages enclosing required parking spaces shall be kept available and usable for the parking of owner /tenant vehicles at all times. 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 buildings shall include installation of wiring for current or future installation of photovoltaic energy generation systems(s). Applicants are highly encouraged to pre -plumb for solar water heating, and to also install circuitry infrastructure to support one or more electric vehicle charging station(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(Al) of the Encinitas Municipal Code. Where a minimum 2 foot horizontal offset is provided, within which screening vegetation is provided to the satisfaction of the Planning and Building Department, the fence /wall may not be considered one 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 23.08.030(Bl). LANDSCAPING PBD /JDMResolutions\RPC12 -050 DRCDP West Jason Duplex 2013- 10.doe Page 11 of 16 L1 The project is subject to Chapter 23.26 of the Municipal Code (Water Efficient Landscape Program), which requires a landscape and irrigation plan to be prepared by a State licensed landscape designer. The requirements for the plans are listed in Chapter 23.26. The landscape and irrigation plans including the required signature block of the State licensed landscape designer must be submitted as part of the building permit application for the proj ect. L2 All required plantings and automated irrigation systems shall be in place prior to use or occupancy of new buildings or structures. All required plantings and automated irrigation systems shall be maintained in good condition, and whenever necessary, shall be replaced with new materials to ensure continued compliance with applicable landscaping, buffering, and screening requirements. All landscaping and irrigation systems shall be maintained in a manner that will not depreciate adjacent property values and otherwise adversely affect adjacent properties. All irrigation lines shall be installed and maintained underground (except drip irrigation systems). L4(a) All landscaping, fences, walls, etc. on the site, in any adjoining public parkways (the area between the front property line and the street) shall be permanently maintained by the owner, assigns or any successors in interest in the property. The maintenance program shall include normal care and irrigation of the landscaping; repair and replacement of plant materials and irrigation systems as necessary; and general cleanup of the landscaped and open areas, parking lots and walkways, walls, fences, etc. Failure to maintain landscaping and the site in general may result in the setting of a public hearing to revoke or modify the approval. This condition shall be recorded with the covenant required by this Resolution. L5 All masonry freestanding or retaining walls visible from points beyond the project site shall be treated with a protective sealant coating to facilitate graffiti removal. The sealant shall be of a type satisfactory to the Engineering and Planning and Building Departments. The property owner shall be responsible for the removal in a timely manner of any graffiti posted on such walls. DESIGNREVIEW DRl Any future modifications to the approved project will be reviewed relative to the findings for substantial conformance with a design review permit contained in Section 23.08.140 of the Municipal Code. Modifications beyond the scope described therein may require submittal of an amendment to the design review permit and approval by the authorized agency. DR2 Side and rear elevations and window treatments shall be trimmed and architecturally treated so as to substantially match the front elevations. This treatment shall be reflected in building plans and shall be found satisfactory by the Planning and Building Department prior to the issuance of building permits. PBD /JD/T \Resolutions \RPC12 -050 DRCDP West Jason Duplex 2013- 10.doc Page 12 of 16 DR3 All project grading shall conform with the approved plans. If no grading is proposed on the approved plans, or subsequent grading plans are inconsistent with the grading shown on the approved plans, a design review permit for such grading shall be obtained from the authorized agency of the City prior to issuance of grading or building permits. B1 BUILDING CONDITION(S): CONTACT THE ENCINITAS BUILDING DIVISION REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): B2R The applicant shall submit a complete set of construction plans to the Building Division for plancheck processing. The submittal shall include a Soils /Geotechnical Report, structural calculations, and State Energy compliance documentation (Title 24). Construction plans shall include a site plan, a foundation plan, floor and roof framing plans, floor plan(s), section details, exterior elevations, and materials specifications. Submitted plans must show compliance with the latest adopted editions of the California Building Code (The Uniform Building Code with California Amendments, the California Mechanical, Electrical and Plumbing Codes). These comments are preliminary only. A comprehensive plancheck will be completed prior to permit issuance and additional technical code requirements may be identified and changes to the originally submitted plans may be required. F1 FIRE CONDITION(S): CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): 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" high with a 3/8" stroke for residential buildings, 8" high with a Y2" stroke for commercial and multi - family residential buildings, 12" high with a 1" stroke for industrial buildings. Additional numbers shall be required where deemed necessary by the Fire Marshal, such as rear access doors, building corners, and entrances to commercial centers. F15A AUTOMATIC FIRE SPRINKLER SYSTEM -ONE AND TWO FAMILY DWELLINGS: Structures shall be protected by an automatic fire sprinkler system designed and installed to the satisfaction of the Fire Department. Plans for the automatic fire sprinkler system shall be approved by the Fire Department prior to the issuance of building permit(s). F18 CLASS "A" ROOF: All structures shall be provided with a Class "A" Roof covering to the satisfaction of the Encinitas Fire Department. F22 BASEMENT: PBD /JD/r \Resolutions \RPC12 -050 DRCDP West Jason Duplex 2013- 10.doc Page 13 of 16 1. All basements shall be designed and equipped with emergency exit systems consisting of operable windows, lightwells or exit door that leads directly outside via staircase and exit door or exit door at grade. 2. Lightwells that intrude into side yard or backyard setbacks of five feet or less, shall require a hinged grating covering the lightwell opening. The grating shall be capable of supporting a weight of 250 -1b person; yet must be able to be opened by someone of minimal strength with no special knowledge, effort or use of key or tool. Any modification of previously approved plans related to this condition shall be subject to re- submittal and review by City staff (Fire, Building, Planning) E1 ENGINEERING CONDITIONS: CONTACT THE ENGINEERING SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): E2 All City Codes, regulations, and policies in effect at the time of building/grading permit issuance shall apply. E3 All drawings submitted for Engineering permits are required to reference the NAVD 88 datum; the NGVD 29 datum will not be accepted. EGl Grading Conditions EG3 The 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. 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. 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. PBD /JDMResolutions \RPC12 -050 DRCDP West Jason Duplex 2013- 10.doc Page 14 of 16 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. ED1 Drainage Conditions ED2A An erosion control system shall be designed and installed onsite during all construction activity. The system shall prevent discharge of sediment and all other pollutants onto adjacent streets and into the storm drain system. The City of Encinitas Best Management Practice Manual shall be employed to determine appropriate storm water pollution control practices during construction. ED3 A drainage system capable of handling and disposing of all surface water originating within the project site, and all surface waters that may flow onto the project site from adjacent lands, shall be required. Said drainage system shall include any easements and structures required by the Engineering Services Director to properly handle the drainage. ED5 The owner shall pay the current local drainage area fee prior to issuance of the building permit for this project or shall construct drainage systems in conformance with the Master Drainage Plan and City of Encinitas Standards as required by the Engineering Services Director. ES 1 Street Conditions ES5 Prior to any work being performed in the public right -of -way, a right -of -way construction permit shall be obtained from the Engineering Services Director and appropriate fees paid, in addition to any other permits required. ES 10 Improvements constructed within the present or future public right -of -way shall be considered temporary. The owner shall enter into an encroachment removal covenant agreeing to remove those improvements at the direction of the City. EU1 Utilities Conditions PBD /JD/T \Resolutions \RPC12 -050 DRCDP West Jason Duplex 2013- 10.doc Page 15 of 16 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 ESW5 The project must meet storm water quality and pollution control requirements. The applicant shall design and construct landscape and/or turf areas and ensure that all flows from impervious surfaces are directed across these areas prior to discharging onto the street. 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 modification or removal of the SWPC facilities without a permit from the City is prohibited. ESW9 For storm water pollution control purposes, all runoff from all roof drains shall discharge onto grass and landscape areas prior to collection and discharge onto the street and/or into the public storm drain system. Grass and landscape areas designated for storm water pollution control shall not be modified without a permit from the City. A note to this effect shall be placed on the Grading plan. PBD /JDlT \Resolutions \RPC12 -050 DRCDP West Jason Duplex 2013- 10.doc Page 16 of 16