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2015-54 - EG City of Encinitas PLANNING AND BUILDING DEPARTMENT 505 South Vulcan Avenue Encinitas, CA 92024 (760) 633-2710 NOTICE OF DECISION PBD-2015-54 June 9, 2015 This letter is to inform you that the Planning and Building Department has approved your application for: 14-314 CDP (Applicant: Caretta Way, LLC.)— Coastal Development Permit to construct a new 2-story single-family residence with an attached three-car garage on a vacant lot located on the corner of Caretta Way and Somerset Avenue in the Cardiff by-the-Sea community. The project is located within the Residential-5 (R-5) zoning district, the ScenicNisual Corridor Overlay Zone, and within the Coastal Zone (APN: 260-183-17-00). PROJECT DESCRIPTION: The project is a request to construct a new 2-story single-family residence totaling 4,119 square feet and an attached three-car garage totaling 743 square feet on a vacant lot located on the corner of Caretta Way and Somerset Avenue. The construction of a new single-family residence and attached garage requires the issuance of a Coastal Development Permit pursuant to Encinitas Municipal Code (EMC) Chapter 30.80 (Coastal Development Permits). DISCUSSION: The subject site is currently vacant and generally flat. A Tentative Parcel Map (Case No. 06-251 TPM/CDP) was previously approved by the City of Encinitas under Notice of Decision PBD 2007-30 for this site, which created three legal lots on the southwest corner of Caretta. Way and Somerset Avenue. The proposed residence will be constructed on Lot 3 of the three lot subdivision. Lot 3 totals approximately 8,700 net square feet (0.2 acres) and meets the minimum lot dimensions for the R-5 zone. New Single Family-Residence The new single-family residence will be sited at the corner of Somerset Avenue and Caretta Way with access being taken directly from Somerset Avenue via a concrete driveway. The livable area of the proposed residence totals 4,119 square feet. The attached three-car garage totals 743 square feet. The proposed project complies with all of the development standards for the R-5 zone including setbacks, lot coverage, FAR, building height and parking. The proposed residence meets the setback requirements for the R-5 zone. The required 25-foot setback at the front and rear of the residence will be maintained. The required 10-foot setback on either side of the residence will also be maintained with the exception of a 1-foot 9-inch roof projection into the west side property line setback and a 1-foot 7-inch projection into the east side property line setback along Somerset Avenue. Roof projections are allowed to encroach 3 feet into the required 10-foot side yard setback. - 1 - The project will not exceed the maximum lot coverage (35%) or the maximum FAR (.6) for the R-5 zone. The lot coverage for the project is proposed at 29.5% and the FAR is proposed at .35. The new single-family residence will be two-stories and meets the 22-foot height limit to the top of the roof plate and the 26-foot height limit to the pitch of the roof. The residence will be 25 feet 7 inches at its tallest point, measured from the closest adjacent lowest grade to the highest pitch of the roof above. The chimney projects 1 foot 5 inches above the 26-foot height limit as permitted by Encinitas Municipal code Section 30.16.010 (B) (6) (a) (2). The project has been conditioned to require a height certification prior to the final framing inspection to ensure that the project will be constructed to meet the height requirements of the R--5 zone. The proposed residence meets the off-street parking standards pursuant to EMC Section 30.54 (Off-Street Parking). According to that section, a single-family residence that exceeds 2,500 square feet is required to provide three parking spaces on the site (two enclosed spaces plus an additional space that can be either enclosed or unenclosed). The project provides three enclosed parking spaces. Fencing will be installed along the south and west property lines as well as 30 linear feet along Somerset Avenue at the southeast corner. The wooden fence will not exceed 6 feet in height. The wooden fence on top of the retaining walls along the south and west property lines are proposed with a maximum combined height of 6 feet. The proposed single-family residence is exempt from Design Review pursuant to EMC Section 23.08.030137 because the project is a custom single-family detached residence with a unique design that is dissimilar from other residences within the immediate neighborhood. Two new single-family residences are proposed to be constructed on the adjacent lots located west of the project site (Case Nos. 14312 and 14-313). Like the home proposed on the project site, these two adjacent residences have been designed as custom homes, each with their own unique architectural style and building materials. The three proposed homes have differing garage doors, stone veneer, roofing materials, roof lines, wood siding material, and unique color schemes, which provide significant variation between the homes. Although the project is exempt from Design Review, the project is located within the Scenic/Visual corridor overlay (SNCO) zone. Section 30.34.080 of the Municipal code requires that projects located within the SNCO zone provide special consideration to the overall visual impacts of the project. The proposed project is an infill development surrounded by developed properties. Single-family residences surround the site to the south and west. Encinitas community Park is located to the north and east of the site. Additionally, two new residences are proposed to be constructed on the parcels that are immediately adjacent (west) to the project site. Relative to potential visual impacts to the scenic corridor, Interstate 5 is located approximately 700 feet away from the project site. Landscape planting within the Caltrans right-of-way and within the Encinitas Community Park site will provide screening of the proposed site. Further, a Condition of Approval for this project requires that the existing mature trees located along the northern property line of the site be protected in place, providing further screening of the site from the freeway. The freeway also has a graded berm that will screen the view of the project site from the freeway corridor; therefore, no significant visual impacts will occur as a result of this project. PUBLIC NOTIFICATION: A standard public notification was issued for the Coastal Development Permit application, which allowed for a ten-day comment period from May 15, 2015 to May 26, 2015. The Planning and -2- Building Department did not receive any correspondence on the project upon the close of the comment period. DETERMINATION: The Planning and Building Department determined the Coastal Development Permit application to be consistent with the City's certified Local Coastal Program, including all applicable policies of the General Plan and provisions of the Municipal Code because the residential use is consistent with the General Plan designation and all applicable development standards for the R-5 zone are meet. Therefore, the project is hereby approved based upon the attached findings and subject to the attached conditions of approval. ENVIRONMENTAL REVIEW: The project proposes the construction of a new single-family residence totaling 4,119 square feet and an attached three-car garage totaling 743 square feet on a vacant lot. CEQA Guidelines Section 15303 (a) exempts the construction of a single-family residence, and associated garage, from environmental review. This project involves the construction of one single-family residence and garage, which falls within the purview of CEQA Guidelines section 15303 (a). None of the Exceptions in CEQA Guidelines Section 15300.2 exist and no historic resources will be impacted by the proposed project. This approval is based on the following findings: 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 Dearing, 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 applicant requests approval of a Coastal Development Permit to construct a new 2-story single-family residence totaling 4,119 square feet and an attached three-car garage totaling 743 square feet on a vacant lot located on the corner of Caretta way and Somerset Avenue. The construction of a new single-family residence and attached garage requires the issuance of a Coastal Development Permit pursuant to EMC Chapter 30.84 (Coastal Development Permits). -3 - The Planning and Building Department determined the Coastal Development Permit application to be consistent with all applicable policies of the Local Coastal Program (LCP), General Plan, and applicable provisions of the Municipal Code because the residential use is consistent with the General Plan land use designation and all development standards for the R-5 zone are met. Additionally, the single-family residence is exempt from Design Review as per Section 23.08.030.8.7 of the Municipal Code because the project is one custom single-family detached dwelling unit with a building footprint, elevations, architectural features and colors that vary in comparison to the surrounding residences. Additionally, section 30.34.080 of the Municipal Code requires that projects located within the SNCO zone, provide special consideration to the overall visual impacts of the project. The proposed project is an infill development surrounded by developed properties. Single- family residences surround the site to the south and west. Encinitas Community Park is located to the north and east of the site. Additionally, two new residences are proposed to be constructed on the parcels that are immediately adjacent (west) to the project site. Relative to potential visual impacts to the scenic corridor, Interstate 5 is located approximately 700 feet away from the project site. Landscape planting within the Caltrans right-of-way and within the Encinitas Community Park site will provide screening of the proposed site. Further, a Condition of Approval for this project requires that the existing mature trees located along the northern property line of the site be protected in place, providing further screening of the site from the freeway. The freeway also has a graded berm that will screen the view of the project site from the freeway corridor; therefore, no significant visual impacts will occur as a result of this project Discussion: Related to finding No. 1, the project complies with all development standards for the R-5 zone related to setbacks, building height, lot coverage, floor area ratio, and off-street parking requirements. It is also consistent with the applicable policies of the City's certified Local coastal Program, including the General Plan and the Municipal code. The proposed project has a building footprint and layout that are consistent with the existing residences within the surrounding area, and will be compatible with the overall neighborhood character. Related to finding No. 2, the project is exempt from environmental review pursuant to section 15303 (a) of the California Environmental Quality Act (CEQA) Guidelines, which exempts the construction of a new single-family residence and garage from environmental review. Finding No. 3 is not applicable because the project site located on a developed infill site that is not located between the sea and the nearest public road. Conclusion: The Planning and Building Department finds that 1)the project complies with the City's certified Local Coastal Program including applicable General Plan policies and Municipal Code requirements, and all other applicable development and design standards; 23 no potentially significant adverse impacts to the environment will result from the project and the project is exempt from environmental review pursuant to Section 15303(a)of the California Environmental Quality Act (CEQA) Guidelines; and 3)finding No. 3 is not applicable as the project site is located on a developed infill site that is not located between the sea and the nearest public road. This approval is subject to the following conditions: SC1 SPECIFIC CONDITIONS: SC2 At any time after two years from the date of this approval, June 9, 2017 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 Coastal Development Permit 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 as listed on this Permit. SC3 This project is conditionally approved as set forth on the application and project drawings stamped received by the City on March 31, 2015, consisting of eight (8) sheets, including Sheet Al-Site Plan, Sheet A2-First Floor Plan, Sheet A2.1-Second Floor Plan, Sheet A3-Roof Plan, Sheets A4 and Sheet A4.1-Elevations, Sheet A4.2-Caretta Way North Elevations Street view, and the Preliminary Grading Plan Sheet (198_C), all designated as approved by the Planning and Building Department on June 9, 2015, and shall not be altered without express written authorization by the Planning and Building Department. SC4 The widening of the existing 16 foot access road to 22.5 feet on Caretta Way shall not warrant the removal of the mature trees located along the northern property line. The existing matures trees shall be protected in place. SC5 The final map shall be recorded prior to the issuance of building permits for this project. SCA The following conditions shall be included on the building and/or grading plans and performed to specification of the Engineering Division: 1. The developer shall provide private improvements along the property frontage to both Caretta Way and Somerset Avenue as shown per 198-C/l. The developer shall ensure a minimum of 24 feet of AC paving on Somerset Ave. and 22.5 feet of paving on Caretta way. The 6-foot wide permeable paver parking shall be bordered with a 6-inch x 16-inch PCC flush curb. The rise from the flowline to the easement line shall be 4-6 inches minimum to prevent public water from flowing onto private property. A new precise grading plan sheet for all three parcels shall be slip-sheeted into 198-G. . 2. Drainage improvements shall include new PCC headwall wall at Caretta way, new PCC brow ditch along the rear of this property, if necessary. 3. All proposed utilities within the project shall be installed underground including existing utilities. 4. The applicant shall provide permanent post construction water quality treatment BMP/IMP facilities to collect and treat all runoff generated by all new and/or removed and replaced impervious surfaces. SCB The following conditions shall be included on the building and/or grading plans and performed to specification of the San Dieguito Water District(SDWD)-. 1. The subject property is currently being served by a 3I4-inch water meter. If the Fire Department requires fire sprinklers for the new development; the Developer shall upgrade the meter at their expense. Z. All water meters shall be located in front of the parcel they are serving and outside of any existing or proposed travel way. Cost of relocation shall be the responsibility of the developer. A minimum 5 feet, from outside of edge of pavement or behind curb, shall be provided for SDWD facilities on the proposed private streets. Appurtenances shall not be placed in roadside ditches. 3. The developer shall show all existing and proposed water facilities on improvement or grading plans for SDWD Approval. SCC The following. Park and Recreation Department conditions shall be included on the building and/or grading plans: 1. The newly installed city irrigation and trees along the north side wall on Caretta Way and the east side wall on Somerset Avenue shall be protected in place per the City's Urban Forest //Management Flan. SCD The following Fire Department conditions shall be included on the building and/or grading plans: 1. Provide a minimum of 22.5 feet wide paved road on Caretta Way and Somerset for fire access. 2. Maintain trees along side of the roadway to the required vertical clearance of 13-feet 5- inches. G1 STANDARD CONDITIONS: CONTACT TIME PLANNING AND BUILDING DEPARTMENT REGARDING COMPLIANCE '1111ITH THE FOLLOWING CONDITIONS: 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. 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 'I2--inch x 11 inch) 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. G 1 o 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-- -6- 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. G 1 3 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. G 1 4 A plan shall be submitted for approval by the Planning and Building Department, the Engineering Services Department, and the Fire Department regarding the security treatment of the site during the construction phase, the on- and off site circulation and parking of construction workers' vehicles, and any heavy equipment needed for the construction of the project. 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. G22 Building plans for all new residential dwelling units shall include the installation of wiring for current or future installation of photovoltaic energy generation system(s). Applicants are highly encouraged to pre-plumb for solar water heating and also install circuitry infrastructure to support one or more electrical vehicle charging stations). G23 Any wall, fence or combination thereof exceeding 8 ft. in height and farming any neighboring property or visible from the public right-of-way shall be subject to design review pursuant to Section 23.08.040.A.1 of 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 fence or walls exceed 8 feet pursuant to Section 23,08.030,B1. 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 -7- requirements may be identified and changes to the originally submitted plans may be required. F1 Fire Conditions: CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: F2 ACCESS ROAD MINIMUM DIMENSIONS: Fire apparatus access roads shall have an unobstructed unproved width per the requirements of the Encinitas Fire Department. Access roads shall be designed and maintained to support the imposed loads of not less than 75,000 pounds and shall be provided with an approved paved surface to provide all-weather driving capabilities. F8 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. An approved emergency key-operated switch and/or an approved emergency traffic control--activating strobe light sensor shall be installed per Encinitas Fire Department standards. 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. F8 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. Water supply for fire protection (fire hydrants and standpipes) shall be installed, in service and accepted by the Fire Department and applicable water district. F9 POSTING OR STRIPING ROADWAYS "NO PARKING FIRE LANE": Fire Department access roadways, when required, shall be properly identified as per Encinitas Fire Department standards. The means by which fire lanes are designated shall be maintained in a clean and legible condition at all times and be replaced or repaired when necessary to provide adequate visibility. F10 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. F13 ADDRESS NUMBERS: STREET NUMBERS.- Approved numbers and/or addresses shall be placed on all new and existing buildings and at appropriate additional locations -8- 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-inch high with a Y2-inch stroke width for residential buildings, 8-inch high with a /2-inch stroke for commercial and multi- family residential buildings, 12-inch 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. F1 5A 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. flans for the automatic fire sprinkler system shall be approved by the Fire Department prior to installation. F18 CLASS "A' ROOF: All structures shall be provided with a Class "A" Roof covering to the satisfaction of the Encinitas Fire Department. El ENGINEERING CONDITIONS: CONTACT THE ENGINEERING SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 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. EG 1 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. EG8 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. 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. EC 13 owner shall provide a precise grading plan prior to approval of building permit. Grading plan shall provide design for drainage improvements, erosion control, storm water pollution control, and on-site pavement. ED1 Drainage Conditions ii ii iinnniinm innoiinnnww.nrr.rrr.rrr.m 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. ED0 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. ED7 Concentrated flows across driveways and/or sidewalks shall not be permitted. 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. ES8 The design of all private driveways and drainage systems shall be approved by the Engineering Services Director prior to issuance of any grading or building permit for this project. The structural section of all private streets shall conform to City of Encinitas _ 10- Standards based on R-value tests. The standard improvement plan check deposit is required. ES1 o 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. EU 1 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 ESw3 Best Management Practice shall be utilized for storm water pollution control to the satisfaction of the City Engineer. The surface run off shall be directed- over grass and landscaped areas prior to collection and discharge onto the street and/or into the public storm drain system. If pipes are used for area drainage, inlets shall be located to allow maximum flow distance over grass and non-erodable landscape areas. A grass lined ditch, reinforced with erosion control blanket, or a rip-rap lined drainage ditch shall be used instead of a concrete ditch where feasible. Hardscaped areas and driveways shall be sloped toward grassy and landscaped areas. Driveways with a grass or gravel lined Swale in the middle can be used if the site topography does not allow for the discharge of driveway runoff over landscaped areas. The Grading Plan shall identify all landscape areas designed for storm water pollution control (SWPC). A note shall be placed on the plans indicating that the BMPs are to be privately maintained and the facilities not modified or removed without a permit from the City. 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. 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 into the public storm drain system. Grass and landscape areas designated for storm water _ II _ pollution control shall not be modified without a permit from the City. A note to this effect shall be placed on the Grading plan. In accordance with the provisions of Municipal code Section 1.12, the decision of the Planning and Building Department may be appealed to the City council within 15 calendar days of the date of this determination. The appeal must be filed, accompanied by a $250 filing fee, prior to 5.00 pm on the 15th calendar day following the date of this Notice of Decision. Any filing of an appeal will suspend this action as well as any processing of permits in reliance thereon in accordance with Encinitas Municipal Code Section 1.12.020(D)(1) until such time as an action is taken on the appeal. The project site is in the coastal Zone but not within the appeal jurisdiction of the coastal Commission. This determination may not be appealed to the Coastal commission. If you have any questions regarding this determination, please contact Anna Yentile, Associate Planner at the Planning and Building Department by telephoning (760) 633-2724 or via email at a entile a initasca. ov. jeet kaprr, AICP Planning and Building Deputy Director