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2013-17RESOLUTION NO. PC 2013 -17 A RESOLUTION OF THE CITY OF ENCINITAS PLANNING COMMISSION APPROVING A DESIGN REVIEW PERMIT AND COASTAL DEVELOPMENT PERMIT TO ALLOW FOR THE DEMOLITION OF AN EXISTING SINGLE - FAMILY RESIDENCE AND THE CONSTRUCTION OF A NEW TWO -STORY DUPLEX ON AN EXISTING PROPERTY FOR A PROPERTY LOCATED AT 1497 NEPTUNE AVENUE. (CASE NO. 13-017 DR/CDP; APN: 254- 030 -31) WHEREAS, a request for consideration of a Design Review Permit and Coastal Development Permit was filed by Leo and Connie Danihels to allow for the demolition of an existing single - family residence and the construction of a new two -story duplex on an existing property fronting Neptune Avenue consistent with the City's adopted General Plan, Local Coastal Program, Design Review Guidelines, Chapter 23.08 (Design Review) and Chapter 30.80 (Coastal Development Permit) of the Encinitas Municipal Code, for the property located in the Residential 11(R -11) zone in the Leucadia Community and within the California Coastal Commission Appeal jurisdiction of the Coastal Zone, legally described as: (SEE ATTACHMENT "A') WHEREAS, the Planning Commission conducted a noticed public hearing on the application on August 1, 2013, at which time all those desiring to be heard were heard; and WHEREAS, the Planning Commission considered, without limitation: I . The August 1, 2013 agenda report to the Planning Commission with attachments; 2. The General Plan, Municipal Code, Local Coastal Program, and associated Land Use Maps; 3. Any oral evidence submitted at the hearing; 4. Written evidence submitted at the hearing; 5. Project drawings received July 26, 2013 consisting of 11 sheets, including Title Sheet (T -001), Grading and Erosion Control Plan (C -001 and C -003), Site Plan (A -001), Floor and Roof Plans (A -101), Floor Area and Coverage Plan (A -102), Exterior Lighting (A- 103), Elevations (Sheets A -201 and A -202), Landscaping and Irrigation (Sheets L -1 and L -2); Colored Elevations and Materials Board (Received February 12, 2013); and WHEREAS, the Planning Commission made the following findings pursuant to Section 23.08.080 (Design Review) and Section 30.80.090 (Coastal Development Permit) of the Encinitas Municipal Code: (SEE ATTACHMENT "B ") NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Encinitas hereby approves application Case No. 13 -017 DR/CDP subject to the following conditions: (SEE ATTACHMENT "C ") BE IT FURTHER RESOLVED that the Planning Commission, in its independent judgment, finds that the project is categorically exempt from environmental review pursuant to Sections PBD /TGM /t:\Resolutions\RPC 13- 017DRCDP -1- 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 single - family residence. Section 15303(b) exempts the construction of apartments, duplexes and similar structures designed for not more than six dwelling units in urbanized areas. PASSED AND ADOPTED this 1 st day of August, 2013, by the following vote, to wit: AYES: Brandenburg, Groseclose, Felker, O'Grady NAYS: None ABSENT: None ABSTAIN: Shannon ATTEST: Jeff Murphy Secretary 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 /TGM /t: \Reso1utlons\RPC 13- 017DRCDP -2- ATTACHMENT "A" Resolution No. PC 2013 -17 Case No. 13 -017 DR/CDP LEGAL DESCRIPTION LOT 17 IN BLOCK 'F" OF SOUTH COAST PARK UNIT NO. 5, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2078, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 21, 1927. ALSO THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER AS LOCATED BY THE SUBDIVISION MAP OF SOUTH COAST PARK NO. 5, MAP NO. 2078; SAID CORNER BEING A 4 INCH BY 4 INCH REDWOOD POST ON THE EAST BOUNDARY OF NEPTUNE AVENUE AS PER SAID SUBDIVISION MAP; THENCE ALONG THE BOUNDARY LINE BETWEEN SECTIONS 4 AND 5 AS SHOWN ON SAID MAP NO. 2078, NORTH 0 031'30" EAST 258.91 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 17, BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 0 °31'30" EAST 53.20 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 17; THENCE NORTH 70 033'15" EAST ALONG THE SOUTHERLY LINE OF LAND CONVEYED TO JOHN W. TANNER AND VIDA C. TANNER, HUSBAND AND WIFE, BY DEED RECORDED JUNE 19, 1943, IN BOOK 1520, PAGE 74 OF OFFICIAL RECORDS, 93.11 FEET TO THE CENTER LINE OF NEPTUNE AVENUE AS SHOWN ON MAP NO. 524; THENCE SOUTH 15 °47'15" EAST 50.10 FEET TO THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF SAID LOT 17; THENCE ALONG SAID EASTERLY PROLONGATION SOUTH 70 °33'15" WEST 108.26 FEET TO THE TRUE POINT OF BEGINNING. APN: 254 - 030 -31 PBD /TGM /t:\Resolutions\RPC 13- 017DRCDP -3- ATTACHMENT "B" Resolution No. PC 2013 -17 Case No. 13 -017 DR/CDP FINDINGS FOR DESIGN REVIEW STANDARD: Section 23.08.080 of the Encinitas Municipal Code provides that an application for a design review permit must be granted unless, based upon the information presented in the application and during the Public Hearing, the authorized agency makes any of the following regulatory conclusions: a. The project design is inconsistent with the General Plan, a Specific Plan, or the provisions of the Municipal Code. Facts: The application is for a Design Review Permit and Coastal Development Permit application to demolish an existing single - family dwelling and construct a new duplex. The project also includes a request for one temporary construction trailer during the construction phase of the project to be removed when the project is complete. The subject property is located in the Residential 11 (R -11) zone and the Coastal Appeal Zone of the City of Encinitas. The subject application is being reviewed for conformance with the General Plan, the Local Coastal Program, and Chapters 23.08 (Design Review), 30.16 (Residential Zones), 30.54 (Off - street Parking), and 30.80 (Coastal Development Permit) of the Municipal Code. The project site is not located within a specific plan area. Discussion: Both units meet the R -11 zoning designation development standards. The Design Review Permit request will comply with all applicable policies of the General Plan, Local Coastal Plan and all policies and provisions of the Municipal Code, including conformance with Chapters 23.08 (Design Review), 30.16 (Residential Zones), 30.54 (Off - street Parking) and 30.80 (Coastal Development Permit) 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 Review Guidelines. Facts: Chapter 23.08 requires the issuance of a Design Review Permit for the construction of more than one single- family dwelling. Discussion: The project substantially conforms to site, building and privacy design standards by incorporating varying horizontal and vertical articulation elements as well as eaves, decks, railings, and other architectural projections. The project will significantly enhance the subject site and the character of Neptune Avenue. The building design utilizes varied roof shapes and sizes as noted in Section 2.4.7 of the Design Guidelines. The units are detached and have separate footprints, orientation, elevations, and architectural features. The buildings reflect a Spanish design theme utilizing a mixture of natural materials to enhance the appearance. The impact on surrounding uses was considered in the projects design consistent with Section 5.1.2. The units propose a 20 -foot front yard setback, 20 -foot rear yard setback and five -foot interior side yard setbacks. The units are proposed at a height consistent with the allowed height PBD /TGM /t:\Resolutions\RPC 13- 017DRCDP -4- envelope for lots within the Residential 11 (R -11) zone. The proposed colors, materials, and architectural features are well coordinated and complementary. The residences are generally in proportion with the scale of the development in the surrounding residential neighborhood. The landscape plan is complementary to project architecture and includes decorative permeable pavers along the driveway, front yard and rear yard of the property. 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 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 single - family residence. Section 15303(b) exempts the construction of apartments, duplexes and similar structures designed for not more than six dwelling units in urbanized areas. Discussion: The proposed use is allowed by right in the subject R -11 zone and no evidence has been submitted or discovered that would suggest that the proposed project would adversely affect the surrounding neighborhood or community. The project is exempt from the requirements of CEQA and no adverse impact to the environment is anticipated. 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/Discussion: The proposed landscape palette provides a cohesive theme to the subject site. Four enclosed garage spaces will be provided for the subject project, replacing the two car garage originally on the site. This will provide sufficient off - street parking for this use, thus avoiding impacts to the surrounding properties. The project would enhance the appearance of the property and the neighborhood. The proposed colors, materials and architectural features are well coordinated and complementary to the site and its' surroundings. No evidence has been submitted or discovered that would suggest that the proposed project would 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 /TGM /t: \Resolutions\RPC 13- 017DRCDP -5- FINDINGS FOR A COASTAL DEVELOPMENT PERMIT STANDARD: Section 30.80.090 of the Municipal Code provides that the authorized agency must make the following findings of fact, based upon the information presented in the application and during the Public Hearing, in order to approve a coastal development permit: L 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 application requests a Design Review Permit and Coastal Development Permit application to demolish an existing single - family dwelling and constrict a new duplex. The project also includes a request for one temporary constriction trailer during the constriction phase of the project to be removed when the project is complete. The subject site consists of 9,760 square feet of lot area and exists with a single- family residence and garage on the eastern side of Neptune Avenue. A driveway taking direct access onto Neptune Avenue is proposed to be widened approximately 6 feet and extended into the property with a 40 -foot wide circular turnaround between Unit A and Unit B. The front unit (Unit A) has 2,625 square feet of living space (832 square feet on the first floor and 1,793 square feet on the second floor along with a 728 - square foot garage). The rear unit (Unit B) contains 1,234 square feet of living area (437 square feet on the first floor and 797 square feet on the second floor and a 430 - square foot garage). The general surrounding neighborhood has a broad mixture of single, and two -story single - family dwellings and multi -story duplex structures. The project is conditioned to comply with applicable standards of the Municipal Code and General Plan provisions as set forth in Attachment "C ". Discussion: With approval of the Design Review Permit and Coastal Development Permit the project conforms to the Encinitas Municipal Code, General Plan and Local Coastal Program. The project is 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 single- family residence. Section 15303(b) exempts the construction of apartments, duplexes and similar structures designed for not more than six dwelling units in urbanized areas. No evidence has been submitted or found to show that the use will have an adverse effect on the subject property or surrounding uses. The subject site is located on a fully disturbed property consisting of impervious surface area, landscaping and an existing residential unit. The site is located adjacent to the Neptune Avenue right -of -way on the eastern side, which is not between the sea and the nearest public road and it will not impact public access and the public recreation policies of Section 30200 et. seq. of the Coastal Act. PBD /TGM /tAResolutions\RPC 13- 017DRCDP -6- Conclusion: The Planning Commission finds that 1) the project is consistent with the certified Local Coastal Program of the City of Encinitas; 2) no mitigation measures will be implemented or required with the project since no significant adverse impacts have been identified that the activity may have on the environment; and regarding finding 3), the project is not located between the sea and the nearest public road, and the approval of this Coastal Development Permit satisfies the requirements of the Encinitas Local Coastal Program. PBD /TGM /tAResolutions\RPC 13- 017DRCDP -7- ATTACHMENT "C" Resolution No. PC 2013 -17 Case No. 13 -017 DRICDP Applicant: Leo and Connie Danihels Location: 1497 Neptune Avenue (APN 254 -030 -31) SC I SPECIFIC CONDITIONS: SC2 At any time after two years from the date of this approval, on August 1, 2015 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 The project is conditionally approved as set forth on the application and project drawings dated received on July 26, 2013 consisting of 11 sheets, including Title Sheet (T -001), Grading and Erosion Control Plan (C -001 and C -003), Site Plan (A -001), Floor and Roof Plans (A -101), Floor Area and Coverage Plan (A -102), Exterior Lighting (A -103), Elevations (Sheets A -201 and A -202), Landscaping and Irrigation (Sheets L -1 and L -2); Colored Elevations and Materials Board (Received February 12, 2013); all designated as approved by the Planning Commission on August 1, 2013 and shall not be altered without express authorization by the Planning and Building Department. SCA The plans to satisfy the following conditions shall be approved and secured to the satisfaction of the Engineering Services Department prior to issuance of the Building Permit /Grading Permit Issuance: 1. As shown on the preliminary grading plan, the applicant shall provide stormwater quality treatment BMPs to treat all runoff generated on the property before discharging from the site. ,The final design of the BMP facilities shall be approved on the grading plan 2. No private strutures including fences, trees, shrubs, and retaining walls shall be allowed to encroach into the public right -of -way. The existing encroachments shall be removed. 3. The existing 4 -foot tall retaining wall on the property frontage is in disrepair and shall be removed and reconstructed with a structurally sound retaining walls located entirely (including footing) on private property. 4. The owner /applicant shall provide public improvements along the property frontage to Neptune Avenue. The improvements shall include an AC paved swale at the existing flowline of the street and AC paving to the property line. The applicant shall grind out the damaged pavement and provide a 2 -inch AC overlay from the property line to 5 feet west of the Swale flowline. 5. The existing overhead utility lines including any proposed utility lines servicing the property shall be relocated underground. PBD /TGM /t: \Reso1utions\RPC 13- 017DRCDP -8- 6. The owner /applicant shall pay any additional impact fees including but not limited to Traffic Mitigation and Sewer Capacity fees associated with the creation of a second unit onsite. SCB The following conditions shall be completed /fulfilled to the satisfaction of the San Dieguito Water District prior to building permit /grading permit issuance: 1. The subject property is currently being served by a 5/8 -inch water meter. The water meter will need to be upgraded to meet fire flow for fire sprinklers. The District will require that water meters be located in front of the parcel they are serving and outside of any existing or proposed travel way. Cost of relocation is the responsibility of the owner /applicant. District facilities and appurtenances shall be installed within the District easement or public right -of- way. Appurtenances shall not be placed in roadside ditches. 2. The owner /applicant shall be required to all existing and proposed water facilities on improvement or grading plans for District approval. SCC All architectural projections shown on the project plans dated received on February 12, 2013 shall be in conformance with the standards set forth in Section 30.16.010E8. All plans shall be correctly represented for building permit, prior to building permit issuance to the satisfaction of the Planning and Building Department. S.CD The following conditions shall be completed/fulfilled to the satisfaction of the San Diego County Sheriff's Department prior to building permit /grading permit issuance: 1. The address number should be fully visible from the street level to ensure line -of -sight for law enforcement. Added at the August 1, 2013 PC Meeting by the Planning Commission: SCE The owner /applicant shall modify the proposed driveway on the plans submitted to the City for Building Permit and Grading Permit to utilize a decorative material throughout the entire driveway accessing both residential units to the satisfaction of the Planning and Building Department, Encinitas Fire Department and Engineering Services Department, prior to permit issuance. An Encroachment Permit may be necessary through the Engineering Services Department for the decorative portions of the driveway within the Neptune Avenue right -of- way. 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. 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. PBD /TGM /t:\Resolutions\RPC 13- 017DRCDP -9- G4 Prior to building permit issuance /recordation of the final map /recordation of the final parcel map /initiating use in reliance on this permit, 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 %" 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. Gl l All roof - mounted equipment and appurtenances, including air conditioners and their associated vents, conduits and other mechanical and electrical equipment, shall be architecturally integrated, and shall be shielded from view and sound buffered to the satisfaction of the Planning and Building Department. Note: All rooftop equipment shall be assumed visible unless demonstrated otherwise to the satisfaction of the Planning and Building Department, and adequate structural support shall be incorporated into building design. Rooftop vent pipes shall be combined below the roof, and shall utilize decorative caps where visible from any point. Ground - mounted mechanical and electrical equipment shall also be screened through use of a wall, fence, landscaping, berm, or combination thereof to the satisfaction of the Planning and Building Department, All exterior accessory structures shall be designed to be compatible with the primary building's exterior to the satisfaction of the Planning and Building Department. G12 Prior to any use of the project site pursuant to this permit, all conditions of approval contained herein shall be completed or secured to the satisfaction of the Planning and Building Department. G13 The applicant shall pay development fees at the established rate. Such fees may include, but not be limited to: Permit and Plan Checking Fees, Water and Sewer Service Fees, School Fees, Traffic Mitigation Fees, Flood Control Mitigation Fees, Park Mitigation Fees, and Fire Mitigation/Cost Recovery Fees. Arrangements to pay these fees shall be made prior to Final Map approval/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. PBD /TGM /t\Resolutions\RPC 13- 017DRCDP -10- G19 Garages enclosing required parking spaces shall be kept available and usable for the parking of owner /tenant vehicles at all times, and may not be rented or conveyed separately from the appurtenant dwelling unit. G21 All utility connections shall be designed to coordinate with the architectural elements of the site so as not to be exposed except where necessary. Locations of pad mounted transformers, meter boxes, and other utility related items shall be included in the site plan submitted with the building permit application with an appropriate screening treatment. Transformers, terminal boxes, meter cabinets, pedestals, ducts and other facilities may be placed above ground provided they are screened with landscaping. G22 Building plans for all new dwelling units, shall include installation of wiring for current or future installation of photovoltaic energy generation systems. Owner /applicants are highly encouraged to pre -plumb for solar water heating, and to also install circuitry infrastructure to support one of 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(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 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(B1.). L1 The project is subject to Chapter 23.26 of the Municipal Code (Water Efficient Landscape Program), which requires a landscape and irrigation plan to be prepared by a State licensed landscape designer. The requirements for the plans are listed in Chapter 23.26. The landscape and irrigation plans including the required signature block of the State licensed landscape designer must be submitted as part of the building permit application for the project. L2 All required plantings and automated irrigation systems shall be in place prior to use or occupancy of new buildings or structures. All required plantings and automated irrigation systems shall be maintained in good condition, and whenever necessary, shall be replaced with new materials to ensure continued compliance with applicable landscaping, buffering, and screening requirements. All landscaping and irrigation systems shall be maintained in a manner that will not depreciate adjacent property values and otherwise adversely affect adjacent properties. All irrigation lines shall be installed and maintained underground (except drip irrigation systems). 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. PBD /TGM /t: \Resolutions\RPC 13- 017DRCDP -11- DR1 Any future modifications to the approved project will be reviewed relative to the findings for substantial conformance with a design review permit contained in Section 23.08.140 of the Municipal Code. Modifications beyond the scope described therein may require submittal of an amendment to the design review permit and approval by the authorized agency. El ENGINEERING CONDITIONS: CONTACT THE ENGINEERING SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): E2 All City Codes, regulations, and policies in effect at the time of building/grading permit issuance shall apply. E3 All drawings submitted for Engineering permits are required to reference the NAVD 88 datum; the NGVD 29 datum will not be accepted. EG1 Grading Conditions EG3 The owner shall obtain a grading permit prior to the commencement of any clearing or grading of the site. EG4 The grading for this project is defined in Chapter 23.24 of the Encinitas Municipal Code. Grading shall be performed under the observation of a civil engineer whose responsibility it shall be to coordinate site inspection and testing to ensure compliance of the work with the approved grading plan, submit required reports to the Engineering Services Director and verify compliance with Chapter 23.24 of the Encinitas Municipal Code. EG5 No grading shall occur outside the limits of the project unless a letter of permission is obtained from the owners of the affected properties. EG6 Separate grading plans shall be submitted and approved and separate grading permits issued for borrow or disposal sites if located within city limits. EG7 All newly created slopes within this project shall be no steeper than 2:1. EG8 A soils /geological/hydraulic report (as applicable) shall be prepared by a qualified engineer licensed by the State of California to perform such work. The report shall be submitted with the first grading plan submittal and shall be approved prior to issuance of any grading permit for the project. EG9 Prior to hauling dirt or construction materials to any proposed construction site within this project the owner shall submit to and receive approval from the Engineering Services Director for the proposed haul route. The owner shall comply with all conditions and requirements the Engineering Services Director may impose with regards to the hauling operation. EG10 In accordance with Section 23.24.370 (A) of the Municipal Code, no grading permit shall be issued for work occurring between October 1 st of any year and April 15th of the following year, unless the plans for such work include details of protective measures, including desilting basins or other temporary drainage or control measures, or both, as may be deemed necessary by the field PBD /TGM /t:\Resolutions\RPC 13- 017DRCDP -12- 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. 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. EU1 Utilities 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 /Permit Site Plan identifying all landscape areas designed for storm water pollution control (SWPQ and Best Management Practice shall be submitted to the City for Engineering Services Department approval. A note shall be placed on the plans indicating that the modification or removal of the SWPC facilities without a permit from the City is prohibited. ESW9 For storm water pollution control purposes, all runoff from all roof drains shall discharge onto grass and landscape areas prior to collection and discharge onto the street and/or into the public storm drain system. Grass and landscape areas designated for storm water pollution control shall not be modified without a permit from the City. A note to this effect shall be placed on the Grading /Permit Site plan. PBD /TGM /t:\ResoIutions\RPC 13- 017DRCDP -13- BI 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. Fl FIRE CONDITION(S): CONTACT THE ENCINITAS BUILDING DIVISION REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): F2 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 four 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. Car space cannot be located in middle of driveway and block access of f re apparatus to rear dwelling. F5 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). F7 RESPONSE MAPS: Any new development, which necessitates updating of emergency response maps by virtue of new structures, hydrants, roadways or similar features, shall be required to provide map updates in one of the following formats (AutoCad DWG, DXF, ESRI shapefile, ESRI personal geodatabase, or XML format) and shall be charged a reasonable fee for updating all response maps. F9 POSTING OR STRIPPING ROADWAYS "NO PARKING FIRE LANE ": Fire Department access roadways, when required, shall be properly identified as per Encinitas Fire Department standards. PBD /TGM /t:\Resolutions\RPC 13- 017DRCDP -14- 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 '' /z" stroke for commercial and multi - family residential buildings, 12" high with a 1" stroke for industrial buildings. Additional numbers shall be required where deemed necessary by the Fire Marshal, such as rear access doors, building corners, and entrances to commercial centers. F14 ADDRESS NUMBERS FOR STRUCTURES LOCATED OFF ROADWAY: Where structures are located off a roadway on long easements /driveways, a monument marker shall be placed at the entrance where the easement /driveway intersects the main roadway. Permanent address numbers with height conforming to Fire Department standards shall be affixed to this marker. 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 strictures shall be provided with a Class "A" Roof covering to the satisfaction of the Encinitas Fire Department. PBD /TGM /tAResolutions\RPC 13- 017DRCDP -15-