2015-09 (EG)RESOLUTION NO. PC 2015 -09
A RESOLUTION OF THE CITY OF ENCINITAS PLANNING COMMISSION APPROVING A
COASTAL DEVELOPMENT PERMIT FOR A NEW SINGLE- FAMILY RESIDENCE AND
ASSOCIATED GRADING, AND A DESIGN REVIEW PERMIT FOR THE GRADING ON AN
EXISTING VACANT LOT LOCATED WITHIN THE HILLSIDE /INLAND BLUFF OVERLAY
ZONE AND LOCATED AT 1265 SAXONY ROAD
CASE NO. 14 -151 DR/CDP (APN 254 - 180 -80)
WHEREAS, a request for consideration of a Design Review Permit and Coastal
Development Permit was filed by Dennis and Courtney LeDuc to allow for the construction of a
new single - family residence and associated grading in accordance with Chapters 23.08 (Design
Review) and 30.80 (Coastal Development Permit) of the Encinitas Municipal Code (EMC), for
the property located in the Rural Residential -2 (RR -2) Zone, Hillside /Inland Bluff Overlay Zone,
and the Coastal Zone, legally described as:
Parcel 1 of Parcel Map No. 10207, in the City of Encinitas, County of San Diego, State of
California, Filed in the Office of the County Recorder of San Diego County, July 10, 1980
as File No. 80- 214145 of Official Records.
WHEREAS, the Planning Commission conducted a noticed public hearing on the
application on April 2, 2015, at which time all those desiring to be heard were heard; and
WHEREAS, the Planning Commission considered, without limitation:
The April 2, 2015 agenda report to the Planning Commission with attachments;
2. The General Plan, Local Coastal Program, Municipal Code, and associated Land
Use Maps;
3. Any oral evidence submitted at the hearing;
4. Written evidence submitted at the hearing;
5. Project drawings consisting of a total of nine sheets, including: Title Sheet (Sheet
1/5), Site Plan /Preliminary Grading Plan (2/5), Slope Analysis (3/5), Grading
Cross Section (4/5), Fire Access Site Plan (Sheet 5/5 and A -1), Landscape Plan
(A -2), Floor Plans (A -3), and Elevations (A -4 and A -5) — all stamped received by
the City of Encinitas on March 17, 2015; Hetherington Engineering, Inc.,
Preliminary Geotechnical Investigation, dated January 16, 1996; Hetherington
Engineering, Inc., Update Geotechnical Investigation, dated January 18, 2007;
Hetherington Engineering, Inc., Geotechnical Update, dated June 8, 2012; and
Advanced Geotechnical Solutions, Inc., Change of Engineer of Record and
Geotechnical Feasibility Letter, dated July 1, 2014; and
WHEREAS, the Planning Commission made the following findings pursuant to Chapter
23.08 (Design Review) and Chapter 30.80 (Coastal Development Permit) of the Encinitas
Municipal Code:
PBD \JDMResolutions \RPC 14 -151 DRCDP LeDuc NSFR 2015- 09.doc Page 1 of 19
SEE ATTACHMENT "A"
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Encinitas hereby approves application Case No. 14 -151 DR /CDP subject to the following
conditions:
SEE ATTACHMENT "B"
BE IT FURTHER RESOLVED that the Planning Commission, in its independent
judgment, finds that the project is categorically exempt from environmental review pursuant to
Section 15303(a) of the California Environmental Quality Act (CEQA) Guidelines. Section
15303(a) exempts construction of one single - family residence in a residential zone. The project
meets the criteria for the exemptions. None of the exceptions listed in Section 15300.2 exist for
the proposed project.
PASSED AND ADOPTED this 2nd day of April 2015, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
ABSTAIN:
Brandenburg, Drakos, Flores, Groseclose, O'Grady
ATTEST:
i
a eet Ravi, Secretary
NOTE: This action is subject to Chapter 1.04 of the Municipal Code, which specifies time limits
for legal challenges.
PBD \JDMResolutions \RPC 14 -151 DRCDP LeDuc NSFR 2015- 09.doc Page 2 of 19
ATTACHMENT "A"
RESOLUTION NO. PC 2015 -09
CASE NO. 14 -151 DR/CDP
FINDINGS FOR GRADING WITHIN THE
HILLSIDE /INLAND BLUFF OVERLAY (H /IBO) ZONE THROUGH DESIGN REVIEW PERMIT
STANDARD: Section 30.34.030 of the Municipal Code provides that the authorized
agency must make the following findings of fact, based upon the information presented
in the application and during the Public Hearing, in order to approve an H /1130 Design
Review Permit:
a. Encroachment into slope areas shall be allowed when it is found that there is no feasible
alternative siting or design which eliminates or substantially reduces the need for such
construction or grading.
Facts: A Design Review Permit request to allow for grading for a driveway and a
residential pad that includes changes in grade that is greater than four feet of fill or eight
feet of cut lower than the existing onsite grade in some locations, and allow for the
recompaction of a portion of the steep slope area to prevent future failure. The property
is located within the Rural Residential -2 (RR -2) Zone, Hillside /Inland Bluff Overlay Zone,
and the Coastal Zone.
Discussion: This is the third application to propose development on the project site.
The previous applications, Cases 95 -255 DR/V /CDP (Castiglia) and 07 -017 DR /CDP
(Hanks), also proposed single - family development and placed the proposed home to as
close as possible to Saxony Road. Although the site is of significant size, the steep
topography of the lot closest to Saxony Road is problematic where legal access to the
property is to be made. Considering the steep topography, any driveway would require
a switchback design and the proposed homes would require extensive grading in the
steepest portion of the lot. For this application, the proposed residential development
has been located at the bottom of the slope where the lot is flat and slopes are less than
25 %. The proposed building would be located well away from Saxony Road and would
not create an overbearing presence of bulk and mass along the street, and be located
below the typical view of Saxony Road. When viewed from the street, the proposed 2-
story home below would appear as a single story home. While most of the homes are
located closest to Saxony Road, locating the home on the eastern portion of the lot
provides ample separation and can address any neighborhood concerns.
Advanced Geotechnical Solutions completed a Change of Engineer of Record and
Geotechnical Feasibility Letter dated July 1, 2014 which supplemented the previously
completed geotechnical reports that accompanied the previous development attempts.
According to the geotechnical reports, some of the existing slopes are the result of
ancient landslide deposits and a result of the construction of Saxony Road. To prevent
future failure of the landslide deposit, remedial grading is proposed which is not exempt
from Design Review, and therefore a Design Review permit is required. The mitigation
for the ancient landslide requires complete removal and recompaction of the existing fill
which will be completed as part of the grading for the driveway access. Geopacifica
Inc. the City's third party consultant reviewed the proposed method to stabilize the slope
and concurred on March 17, 2015. Additionally, Conditions of Approval (132R, EG4, and
PBD \JD \T\Resolutions \RPC 14 -151 DRCDP LeDuc NSFR 2015- 09.doc Page 3 of 19
EG8) require the submittal and review of full construction drawings and precise technical
reports prior to Building Permit and Grading Permit approval. All engineering of the
grading must meet all design specifications and municipal codes, which are addressed
with final engineering and building permits. The proposed grading conforms to the
existing topography of the site.
Conclusion: Therefore, the Planning Commission finds that there is no feasible
alternative siting or design which eliminates or substantially reduces the need for such
construction or grading.
That the bulk and scale of the proposed structure has been minimized to the greatest
extent feasible commensurate with preserving the physical slope characteristics of the
site.
Facts /Discussion: The project site's natural topography slopes downward from the
western property line to Indian Head Canyon to the east. This is the third application to
propose development on the project site. The previous applications, Cases 95 -255
DRN /CDP (Castiglia) and 07 -017 DR /CDP (Hanks), also proposed single - family
development and placed the proposed home to as close as possible to Saxony Road.
Although the site is of significant size, the steep topography of the lot closest to Saxony
Road is problematic where legal access to the property is to be made. Considering the
steep topography, any driveway would require a switchback design and the proposed
homes would require extensive grading in the steepest portion of the lot. The proposed
residential development has been located at the bottom of the slope where the lot is flat
and where slopes are less than 25 %. Grading is minimized to the extent feasible to
accommodate the driveway through the steepest portion of the lot, and minimize grading
for the home located at the bottom of the slope to the extent possible. As a result, the
existing physical slope characteristics of the lot and its natural landform are maintained,
grading includes a required 2:1 slope, and minimizes the use of tall retaining walls. Given
the natural topography, retaining walls up to six feet in height are permitted along the
driveway consistent with Section 2.6.5. The average retaining wall height is 4 feet. All
retaining walls shall be earth- colored and textured to match the vicinity per Section
3.2.7. Because of the project topography, the proposed home can only be built either at
the western or eastern portions of the property. Based on this, the proposed grading
impacts are considered the minimum necessary to allow development of a single family
home on this property. The proposed building would be located well away from Saxony
Road and would not create an overbearing presence of bulk, mass, and scale along the
street, and be located below the typical view of Saxony Road. When viewed from the
street, the proposed 2 -story home below would appear as a single story home. While
most of the homes are located closest to Saxony Road, locating the home on the
eastern portion of the lot provides ample separation and can address any neighborhood
concerns of privacy and view impacts.
Conclusion: Therefore, the Planning Commission finds that the bulk, mass and scale
of the proposed grading have been minimized to the greatest extent feasible
commensurate with preserving the onsite slope characteristics.
PBD \JDMResolutions \RPC 14 -151 DRCDP LeDuc NSFR 2015- 09.doc Page 4 of 19
FINDINGS FOR DESIGN REVIEW
STANDARD: Section 23.08.080 of the Encinitas Municipal Code provides that an
application for a design review permit must be granted unless, based upon the
information presented in the application and during the Public Hearing, the authorized
agency makes any of the following regulatory conclusions:
a. The project design is inconsistent with the General Plan, a Specific Plan or the
provisions of the Municipal Code.
Facts: A Design Review Permit request to allow for grading for a driveway and a
residential pad that includes changes in grade that is greater than four feet of fill or eight
feet of cut lower than the existing onsite grade in some locations, and allow for the
recompaction of a portion of the steep slope area to prevent future failure. The property
is located within the Rural Residential -2 (RR -2) Zone, Hillside /Inland Bluff Overlay Zone,
and the Coastal Zone. The project site is not in a specific plan area.
Discussion: The request is consistent with the policies contained within the General
Plan and the provisions and development standards of the Municipal Code. All aspects
of the proposed project meet applicable codes. The project site's natural topography
slopes downward from the western property line to Indian Head Canyon below to the
east. The proposed grading for the residential pad includes changes in grade that
would involve greater than four (4) feet of fill or eight (8) feet of cut lower than the
existing onsite grade in some locations, which is subject to Design Review per EMC
Chapter 23.08.0301314 (General Scope and Exemptions). As such, the project as
proposed would comply with all applicable development standards of the subject RR -2
zone.
Conclusion: The Planning Commission finds that the project design is consistent with
the General Plan and the provisions of the Municipal Code.
b. The project design is substantially inconsistent with the Design Review Guidelines.
Facts: Requests for Design Review are processed in accordance with EMC Chapter
23.08 (Design Review) and the Design Review Guidelines. Pursuant to Section
30.34.030 (Hillside /Inland Bluff Overlay Zone) of the Municipal Code, the property lies
within the Hillside /Inland Bluff Overlay Zone and is subject to all the rules and
regulations thereof.
Discussion: The request is consistent with the policies contained within the General
Plan and the provisions and development standards of the Municipal Code. All aspects
of the proposed project meet applicable codes. The project site's natural topography
slopes downward from the western property line to Indian Head Canyon below to the
east. The proposed grading for the residential pad includes changes in grade that
would involve greater than four (4) feet of fill or eight (8) feet of cut lower than the
existing onsite grade in some locations, which is subject to Design Review per EMC
Chapter 23.08.0301314 (General Scope and Exemptions). The project is conditioned to
comply with all stormwater requirements and satisfy Section 3.2.10 where "all hardscape
and walkway areas shall be graded to facilitate drainage." Given the natural topography,
retaining walls up to six feet in height are permitted along the driveway consistent with
PBD\.JD \T\Resolutions \RPC 14 -151 DRCDP LeDuc NSFR 2015- 09.doc Page 5 of 19
Section 2.6.5. The average retaining wall height is 4 feet. All retaining walls shall be
earth- colored and textured to match the vicinity per Section 3.2.7. Consistent with
Section 3.2.3, the 2:1 slope at the rear of the home and in the front of the home avoids
the use of retaining walls and angular features and transitions from the residential pad
upward to blend with the upper natural terrain to create a more natural appearing slope
to the extent practical. The single - family residence is exempt from Design Review in
accordance with EMC Section 23.08.030137 and complies with the RR -2 zone
development standards as defined in EMC Chapter 30.16 (Residential Zones). Overall,
the project complies with all applicable policies of the General Plan, Local Coastal
Program, applicable provisions of the Municipal Code, and with all applicable
development standards of the underlying RR -2 zone. The proposed height of 26 feet for
the single - family residence is measured from the lower of natural or finished grade and
is consistent with the maximum 22- and 26 -foot height envelope for a lot within the RR -2
zone. As such, the project as proposed would comply with all applicable development
standards of the subject RR -2 zone.
Conclusion: The Planning and Building Department finds that the project design as
proposed is consistent with the Design Review Guidelines.
c. The project would adversely affect the health, safety, or general welfare of the
community.
Facts: The project complies with all applicable standards outlined in the Municipal Code.
This project has no significant adverse environmental impacts and is exempt from
environmental review pursuant to Section 15303(a) of the California Environmental
Quality Act (CEQA) Guidelines.
Discussion: No evidence has been received by the City to indicate that the proposed
project would adversely affect the health, safety, or general welfare of the site, the
immediate neighborhood, or the greater community. The proposed Design Review
Permit and Coastal Development Permit will conform to all applicable provisions of the
Municipal Code and General Plan.
Conclusion: The Planning and Building Department finds that the project design will not
adversely affect the health, safety, or general welfare of the community.
d. The project would cause the surrounding neighborhood to depreciate materially in
appearance or value.
Facts: Single- family residential uses surround the project site except to the immediate
east where Indian Head Canyon is located. The project is categorically exempt from
environmental review pursuant to Section 15303(a) of the California Environmental
Quality Act (CEQA) Guidelines, which exempts one single - family residence.
Discussion: The proposed use is allowed by right in the subject RR -2 zone. The
project is exempt from the requirements of CEQA and no adverse impact to the
environment is anticipated. The proposed grading conforms to the existing topography
of the site. When viewed from the street, the proposed 2 -story home below would
appear as a single story home. While most of the homes are located closest to Saxony
Road, locating the home on the eastern portion of the lot provides ample separation.
PBD \JDMResolutions \RPC 14 -151 DRCDP LeDuc NSFR 2015- 09.doc Page 6 of 19
The proposed project blends into the existing character of the neighborhood since other
homes have been design relative to the steep sloping terrain of the east side of Saxony
Road. 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\JD \T\Resolutions \RPC 14 -151 DRCDP LeDuc NSFR 2015- 09.doc Page 7 of 19
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:
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.
Discussion: The proposed project is in conformance with EMC Chapter 23.08 (Design
Review), EMC Chapter 23.24 (Grading, Erosion, and Sediment Control), and EMC Title
30 (Zoning) that are parts of the City's adopted Local Coastal Program. Related to
finding No. 1, the project complies with the City's Local Coastal Program and the
Municipal Code. Related to finding No. 2, the project is exempt from environmental
review pursuant to Section 15303(a) of the California Environmental Quality Act
(CEQA). Finding No. 3 is not applicable because the project site is not located between
the sea or other body of water and the nearest public road.
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 Section 15303(a) of the California Environmental Quality Act (CEQA)
Guidelines, which exempts one single - family residence, and is consistent with the
underlying residential land use designation. No evidence has be 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 an undeveloped parcel. The site is located east of
Saxony Road, which is not between the sea and the nearest public road and will not
impact public access and public recreation policies of Section 30200 et. seq. of the
Coastal Act.
Conclusion: The Planning Commission finds that 1) the project is consistent with the
certified Local Coastal Program of the City of Encinitas; 2) no potentially significant
adverse impacts to the environment will result and the project is categorically 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 to the project since
the project site is not located between the sea or other body of water and the nearest
public road.
PBD\JD \-RResolutions \RPC 14 -151 DRCDP LeDuc NSFR 2015- 09.doc Page 8 of 19
ATTACHMENT "B"
RESOLUTION NO. PC 2015 -09
CASE NO. 14 -151 DR /CDP
CONDITIONS OF APPROVAL
Applicant: Dennis and Courtney LeDuc
Location: 1265 Saxony Road (APN 254 - 180 -80)
This approval is subject to the following conditions:
SC1 SPECIFIC CONDITIONS:
SC2 At any time after two years from the date of this approval, on April 2, 2017 at 5:00 pm,
or the expiration date of any extension granted in accordance with the Municipal Code,
the City may require a noticed public hearing to be scheduled before the authorized
agency to determine if there has been demonstrated a good faith intent to proceed in
reliance on this approval. If the authorized agency finds that a good faith intent to
proceed has not been demonstrated, the application shall be deemed expired as of the
above date (or the expiration date of any extension). The determination of the
authorized agency may be appealed to the City Council within 15 days of the date of the
determination.
SC5 This project is conditionally approved as set forth on the application and project
drawings stamped received by the City on March 17, 2014, consisting of nine sheets,
including: Title Sheet (Sheet 1/5), Site Plan /Preliminary Grading Plan (2/5), Slope
Analysis (3/5), Grading Cross Section (4/5), Fire Access Site Plan (Sheet 5/5 and A -1),
Landscape Plan (A -2), Floor Plans (A -3), and Elevations (A -4 and A -5) — all stamped
received by the City of Encinitas on March 17, 2015; Hetherington Engineering, Inc.,
Preliminary Geotechnical Investigation, dated January 16, 1996; Hetherington
Engineering, Inc., Update Geotechnical Investigation, dated January 18, 2007;
Hetherington Engineering, Inc., Geotechnical Update, dated June 8, 2012; and
Advanced Geotechnical Solutions, Inc., Change of Engineer of Record and
Geotechnical Feasibility Letter, dated July 1, 2014 - all designated as approved by the
Planning Commission on April 2, 2015, and shall not be altered without express
authorization by the Planning and Building Department.
SCA The following conditions shall be completed and /or fulfilled to the satisfaction of the
Planning and Building Department:
1. Prior to final occupancy, a final inspection 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.
PBD \JDMResolutions \RPC 14 -151 DRCDP LeDuc NSFR 2015- 09.doc Page 9 of 19
3. Efforts shall be made to schedule all vegetation removal activities outside the raptor
nesting season. The nesting season for most raptors is generally defined as
February 1 to August 31. If vegetation removal must occur during the breeding
season, all suitable habitats for raptors shall be surveyed by a qualified biologist no
more than 72 hours prior to clearing activities. If any active nests are detected, a
minimum 25 -foot buffer for avoidance shall be established until the nesting cycle is
complete or it is determined by the biologist that the nest has failed. The buffer zone
shall be determined by the biologist prior to initiating clearing. Results of the nesting
bird survey shall be reviewed and approved by the Planning and Building
Department prior to any vegetation clearing activities.
SCB The following conditions of approval shall be completed and /or fulfilled to the satisfaction
of the Engineering Department:
1. All proposed utilities within the project shall be installed underground from Saxony
Road.
2. The owner shall dedicate additional right -of -way along the property frontage to
Saxony Road to ensure a property line to road centerline distance of 30 feet based
on Parcel Map 10207 prior to approval of the grading permit. The existing
Irrevocable Offer of Dedication 80- 058097 cannot be accepted for only the portion
adjacent to Saxony Road. The applicant may apply to vacate the existing
Irrevocable Offer of Dedication.
3. Prior to approval of a building permit, the applicant shall be responsible for the
construction of public improvements along the entire property frontage to Saxony
Road. The existing street shall be widened to Augmented Local street standards to
ensure minimum of 24 feet of AC pavement, 12 feet from centerline. Street
improvements shall include 7.5 -feet wide (minimum) of permeable pavers - parking
area along entire the property frontage. The pavers shall be surrounded on all sides
by 6- inches wide by 16- inches deep PCC flush curb with the rear curb being 6-
inches high and parallel the right -of -way. The permeable pavers shall be sloped at
2% to the flow line. Although the sidewalk is not being required at this time the
parkway shall be graded at 2% to the street to the maximum extent practical. A
cross section shall be provided on the preliminary grading plan.
4. The applicant shall provide storm water quality treatment facilities to collect and treat
the runoff generated by all new and /or removed and replaced impervious surfaces.
Additionally, any increase in runoff resulting from an increase in impervious surface
shall be mitigated by sizing and designing the IMP facilities to ensure no net
increase in cross lot drainage. The treatment facility IMPs shall be located entirely
within private property. The cross section of the IMP facility on the Grading Plan
shall show 10- inches of ponding. This facility shall be sized on the grading plan for
an effective area equal to 4.0% of the new or replaced impervious surface area.
Flow Through planters and corresponding sizing factors may also be utilized.
Calculations shall be shown on the grading plan and /or drainage study.
5. The owner of the subject property shall execute a hold harmless covenant regarding
drainage across the adjacent property prior to approval of the grading permit for this
project.
PBD\JD \T\Resolutions \RPC 14 -151 DRCDP LeDuc NSFR 2015- 09.doc Page 10 of 19
6. The existing survey monuments shown on PM 10207 and any current maps shall be
referenced on the preliminary grading plan and shall be protected in- place. If any
monument is disturbed or destroyed it shall be replaced by a licensed land surveyor
and a Corner Record or Record of Survey shall be filed with the County prior to
release of securities. A separate monumentation bond may be required at the
discretion of the City Engineer.
7. Connection to the sanitary sewer in Saxony Road is not feasible for the subject
property. A septic system for the proposed residence shall be processed and
permitted with the County Department of Environmental Health. The proposed
septic system shall be plotted on the grading plan.
8. The project lies within the Leucadia Wastewater District. Project plans shall be
submitted to the district for requirements and processed to approval.
9. The existing fire hydrant shall be relocated behind the new curb line along with any
other utilities or signs located within the travel lane and parking area.
SCC The following conditions of approval shall be completed and /or fulfilled to the satisfaction
of the Encinitas Fire Department:
1. Prior to building permit issuance, the standpipe located near the proposed single -
family home shall be designed on the building plans in accordance with National Fire
Protection Association Standard (NFPA) 24.
G1 STANDARD CONDITIONS:
CONTACT THE PLANNING AND BUILDING DEPARTMENT REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITION(S):
G2 This approval may be appealed to the City Council within 15 calendar days from the
date of this approval in accordance with Chapter 1.12 of the Municipal Code.
G4 Prior to building permit issuance, the owner shall cause a covenant regarding real
property to be recorded. Said covenant shall set forth the terms and conditions of this
grant of approval and shall be of a form and content satisfactory to the Planning and
Building Department. The Owner(s) agree, in acceptance of the conditions of this
approval, to waive any claims of liability against the City and agrees to indemnify, hold
harmless and defend the City and City's employees relative to the action to approve the
project.
G5 Approval of this request shall not waive compliance with any Section 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 'h- inches x 11- inches) copy of the site plan and
PBD \JDVRResolutions \RPC 14 -151 DRCDP LeDuc NSFR 2015- 09.doc
Page 11 of 19
elevations depicting the exact point(s) of certification. The engineer /surveyor shall
contact the Planning and Building Department to identify and finalize the exact point(s)
to be certified prior to conducting the survey.
G10 All retaining and other freestanding walls, fences, and enclosures shall be architecturally
designed in a manner similar to, and consistent with, the primary structures (e.g. stucco -
coated masonry, split -face block or slump stone). These items shall be approved by the
Planning and Building Department prior to the issuance of building and /or grading
permits.
G12 Prior to any use of the project site pursuant to this permit, all conditions of approval
contained herein shall be completed or secured to the satisfaction of the Planning and
Building Department.
G13 The applicant shall pay development fees at the established rate. Such fees may
include, but not be limited to: Permit and Plan Checking Fees, Water and Sewer
Service Fees, School Fees, Traffic Mitigation Fees, Flood Control Mitigation Fees, Park
Mitigation Fees, and Fire Mitigation /Cost Recovery Fees. Arrangements to pay these
fees shall be made prior to building permit issuance to the satisfaction of the Planning
and Building and Engineering Services Departments. The applicant is advised to
contact the Planning and Building Department regarding Park Mitigation Fees, the
Engineering Services Department regarding Flood Control and Traffic Fees, applicable
School District(s) regarding School Fees, the Fire Department regarding Fire
Mitigation /Cost Recovery Fees, and the applicable Utility Departments or Districts
regarding Water and /or Sewer Fees.
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 shall include installation of wiring for current or
future installation of photovoltaic energy generation system(s).
G23 Any wall, fence or combination thereof exceeding 6 feet in height and facing any
neighboring property or visible from the public right -of -way shall be subject to Design
Review pursuant to Section 23.08.040(A1) of the Encinitas Municipal Code. Where a
minimum 2 feet horizontal offset is provided, within which screening vegetation is
provided to the satisfaction of the Planning and Building Department, the fence /wall may
not be considered on continuous structure for purposes of measuring height and may be
exempted from Design Review provided none of the offset fences or walls exceed 6 feet
in height pursuant to Section 2.080.030(B1),
PBD\JD \T\Resolutions \RPC 14 -151 DRCDP LeDuc NSFR 2015- 09.doc Page 12 of 19
DESIGN REVIEW
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.
DR3 All project grading shall conform to 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.
LANDSCAPING
L1 The project is subject to Chapter 23.26 of the Municipal Code (Water Efficient
Landscape Program), which requires a landscape and irrigation plan to be prepared by
a State licensed landscape designer. The requirements for the plans are listed in
Chapter 23.26. The landscape and irrigation plans must be submitted as part of the
building permit application for the project.
L2 All required plantings and automated irrigation systems shall be in place prior to use or
occupancy of new buildings or structures. All required plantings and automated
irrigation systems shall be maintained in good condition, and whenever necessary, shall
be replaced with new materials to ensure continued compliance with applicable
landscaping, buffering, and screening requirements. All landscaping and irrigation
systems shall be maintained in a manner that will not depreciate adjacent property
values and otherwise adversely affect adjacent properties. All irrigation lines shall be
installed and maintained underground (except drip irrigation systems).
CONTACT THE ENCINITAS BUILDING DIVISION REGARDING COMPLIANCE WITH THE
FOLLOWING CONDITION:
B2R The applicant shall submit a complete set of construction plans to the Building Division
for plancheck processing. The submittal shall include a Soils /Geotechnical Report,
structural calculations, and State Energy compliance documentation (Title 24).
Construction plans shall include a site plan, a foundation plan, floor and roof framing
plans, floor plan(s), section details, exterior elevations, and materials specifications.
Submitted plans must show compliance with the latest adopted editions of the California
Building Code (The Uniform Building Code with California Amendments, the California
Mechanical, Electrical and Plumbing Codes). These comments are preliminary only. A
comprehensive plancheck will be completed prior to permit issuance and additional
technical code requirements may be identified and changes to the originally submitted
plans may be required.
PBD\JDMResolutions \RPC 14 -151 DRCDP LeDuc NSFR 2015- 09.doc Page 13 of 19
F1 FIRE CONDITION(S):
CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE WITH THE
FOLLOWING CONDITIONS:
F -2 ACCESS ROAD MINIMUM DIMENSIONS: Fire apparatus access roads shall have an
unobstructed improved width of not less than 24 feet; curb line to curb line, and an
unobstructed vertical clearance of not less than 13 feet 6 inches. Exception: Single -
Family residential driveways; serving no more than two single - family dwellings, shall
have minimum of 16 feet, curb line to curb line, of unobstructed improved width. Access
roads shall be designed and maintained to support the imposed loads of not less than
75,000 pounds.
F -4 DEAD ENDS: All dead -end fire access roads in excess of 150 feet in length shall be
provided with approved provision for the turning around of emergency apparatus. A cul-
de -sac shall be provided in residential areas where the access roadway serves more
than four (4) structures. The minimum unobstructed paved radius width for a cul -de -sac
shall be 36 feet in residential areas with no parking.
F -5 GRADE: The gradient for a fire apparatus access roadway shall not exceed 20.0 %.
Grades exceeding 15.0% (incline or decline) shall not be permitted without mitigation.
Minimal mitigation shall be a surface of Portland cement concrete, with a deep broom
finish perpendicular to the entire direction of travel. Additional mitigation measures may
be required where deemed appropriate. The angle of departure and angle of approach
of a fire access roadway shall not exceed seven degrees (12 percent).
F -6 GATES: All gates or other structures or devices, which could obstruct fire access
roadways or otherwise hinder emergency operations, are prohibited unless they meet
standards approved by the Fire Department. Gates across fire access roadways shall be
automatic and equipped with approved emergency key operated switches overriding all
command functions and opens the gate(s). Power supply shall be connected to a
reliable municipal source. Gates accessing four (4) or more residences or residential
lots, or gates accessing hazardous, institutional, and educational or assembly
occupancy group structures, shall also be equipped with approved emergency traffic
control activating strobe sensor(s), which will activate the gate on the approach of
emergency apparatus with a battery back -up or manual mechanical disconnect in case
of power failure. All automatic gates must meet Fire Department requirements for rapid,
reliable access. Where this Section requires an approved key- operated switch, it shall
be dual keyed or dual switches with covers provided to facilitate access by law
enforcement personnel.
F -8 CONSTRUCTION MATERIALS: Prior to delivery of combustible building construction
materials to the project site all of the following conditions shall be completed to the
satisfaction of the Fire Department:
1. All wet and dry utilities shall be installed and approved by the appropriate inspecting
department or agency;
PBD\JD\T\Resolutions\RPC 14 -151 DRCDP (_eDuc NSFR 2015- 09.doc Page 14 of 19
2. As a minimum the first lift of asphalt paving shall be in place to provide a permanent
all weather surface for emergency vehicles; and
3. All fire hydrants shall be installed, in service and accepted by the Fire Department
and applicable water district.
F -10 OBSTRUCTION OF ROADWAYS DURING CONSTRUCTION: All roadways shall be a
minimum of 24 feet in width during construction and maintained free and clear, including
the parking of vehicles, in accordance with the California Fire Code and the Encinitas
Fire Department.
F -11 FIRE HYDRANTS AND FIRE FLOWS: The applicant shall provide fire hydrants of a
type, number, and location satisfactory to the Encinitas Fire Department with 3 -foot
clearance from the hydrant outlet. A letter from the water agency serving the area shall
be provided that states the required fire flow is available. Fire hydrants shall be of a
bronze type. Multi- family residential or industrial fire hydrants shall have two (2) 4-
inches and two (2) 2 Y2- inches NST outlets. Residential fire hydrants shall have one (1)
4- inches NST outlet, and one (1) 2'h- inches NST outlets.
F -12 FUEL MODIFICATION ZONES /FIRE BREAKS: The applicant shall provide and
maintain fire /fuel breaks to the satisfaction of the Encinitas Fire Department. Fire /fuel
breaks size and composition shall be determined by the Fire Department and shown on
the improvement /grading plans and final map and building plans.
F -13 ADDRESS NUMBERS: Approved numbers and /or addresses shall be placed on all
new and existing buildings and at appropriate additional locations as to be plainly visible
and legible from the street or roadway fronting the property from either direction of
approach. Said numbers shall contrast with their background, and shall meet the
following minimum standards as to size: 4 -inch high with a 'h -inch stroke width for
residential buildings, 8- inches high with a Y2 -inch stroke for commercial and multi - family
residential buildings, 12- inches high with a 1 -inch stroke for industrial buildings.
Additional numbers shall be required where deemed necessary by the Fire Marshal,
such as rear access doors, building corners, and entrances to commercial centers.
F -14 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.
F -15 AUTOMATIC FIRE SPRINKLER SYSTEM: Structures shall be protected by an
automatic fire sprinkler system designed and installed to the satisfaction of the Fire
Department.
F -15A 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).
PBD\JD \T\Resolutions \RPC 14 -151 DRCDP LeDuc NSFR 2015- 09.doc Page 15 of 19
F -18 CLASS "A" ROOF: All structures shall be provided with a Class "A" Roof covering to
the satisfaction of the Encinitas Fire Department.
F -19 WET STANDPIPE SYSTEM: A Class I or Class III combined wet standpipe system is
required. Standpipe system shall be designed and installed per NFPA 14 and Encinitas
Fire Department requirements.
F22 Basement:
All basements shall be designed and equipped with emergency exit systems
consisting of operable windows, lightwells or exit door that's 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 -lb 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.
EG1 Grading Conditions
EG3 The developer shall obtain a grading permit prior to the commencement of any clearing
or grading of the site.
EG4 The grading for this project is defined in Chapter 23.24 of the Encinitas Municipal Code.
Grading shall be performed under the observation of a civil engineer whose
responsibility it shall be to coordinate site inspection and testing to ensure compliance of
the work with the approved grading plan, submit required reports to the Engineering
Services Director and verify compliance with Chapter 23.24 of the Encinitas Municipal
Code.
EG5 No grading shall occur outside the limits of the project unless a letter of permission is
obtained from the owners of the affected properties.
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.
PBD \JDVRResolutions\RPC 14 -151 DRCDP LeDuc NSFR 2015- 09.doc Page 16 of 19
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.
EG13 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
ED2A An erosion control system shall be designed and installed onsite during all construction
activity. The system shall prevent discharge of sediment and all other pollutants onto
adjacent streets and into the storm drain system. The City of Encinitas Best
Management Practice Manual shall be employed to determine appropriate storm water
pollution control practices during construction.
ED3 A drainage system capable of handling and disposing of all surface water originating
within the project site, and all surface waters that may flow onto the project site from
adjacent lands, shall be required. Said drainage system shall include any easements
and structures required by the Engineering Services Director to properly handle the
drainage.
ED5 The owner shall pay the current local drainage area fee prior to issuance of the building
permit for this project or shall construct drainage systems in conformance with the
Master Drainage Plan and City of Encinitas Standards as required by the Engineering
Services Director.
ED6 The owner of the subject property shall execute a hold harmless covenant regarding
drainage across the adjacent property prior to approval of the any grading or building
permit for this project.
ED7 Concentrated flows across driveways and /or sidewalks shall not be permitted.
PBDWDI'RResolutions\RPC 14 -151 DRCDP LeDuc NSFR 2015- 09.doc Page 17 of 19
ES1 Street Conditions
ES3 The owner shall make an offer of dedication to the City for all public streets and
easements required by these conditions or shown on the site development plan. The
offer shall be made by execution of a grant deed prior to issuance of any building permit
for this project. All land so offered shall be granted to the City free and clear of all liens
and encumbrances and without cost to the City. Streets that are already public are not
required to be rededicated.
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.
ES10 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
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
PBD \JDMResolutions \RPC 14 -151 DRCDP LeDuc NSFR 2015- 09.doc Page 18 of 19
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 pollution control shall not be modified without a permit from the City. A note to
this effect shall be placed on the Grading plan.
PBD\JD \T\Resolutions\RPC 14 -151 DRCDP LeDuc NSFR 2015- 09.doc Page 19 of 19