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2015-25 (EG)RESOLUTION NO. PC 2015 -25 A RESOLUTION OF THE CITY OF ENCINITAS PLANNING COMMISSION APPROVING OF A DESIGN REVIEW MODIFICATION AND COASTAL DEVELOPMENT PERMIT TO DEVELOP SIX ATTACHED RESIDENTIAL CONDOMINIUM DWELLING UNITS IN ONE BUILDING LOCATED AT 1911- 1941 VULCAN AVENUE (CASE NO. 14 -306 DRMOD /CDP; APN: 216 - 05218) WHEREAS, N. Vulcan I, LLC submitted an application for a six 6 -unit development with associated parking and landscape improvements in the North 101 Corridor Specific Plan N -R20 zone, located at 1911 -1941 North Vulcan Avenue, legally described in Exhibit A; WHEREAS, the Commission previously approved Case No. 07 -031 TM /DR /CDP, Resolution No. PC 2008 -14; WHEREAS, changes are required due to voter approved limitations on development, codified in Encinitas Municipal Code Chapter 30.00, specifically limiting buildings to two stories in height; WHEREAS, the Planning Commission conducted a duly noticed public hearing on August 20, 2015; NOW, THEREFORE, BE IT RESOLVED that the Encinitas Planning Commission hereby APPROVES Case No.14 -306 DRMOD /CDP based on the following Environmental Determination and Findings: Section 1. California Environmental Quality Act Determination The project is exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15301(1) (2) and 15332. The project is exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15301(1) (2) and 15332. Section 15301(1) (2) exempts the demolition and removal of a duplex or similar multifamily residential structure. In urbanized areas, this exemption applies to duplexes and similar structures where not more than six dwelling units will be demolished. There are six units to be demolished. Section 15332 exempts projects characterized as in -fill development which are (a) consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations; (b) projects that occur within city limits on a project site of no more than five acres substantially surrounded by urban uses (c) a site that has no value as habitat for endangered, rare or threatened species; (d) approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and (e) the site can be adequately served by all required utilities and public services. The project meets all these criteria. Six existing residential units are being replaced by six residential units, which does not increase impacts on the environment at this location and with this project design. Being new construction, current standards for development will be met. None of the exceptions in Section 15300.2 of the CEQA Guidelines exist. Section 2. Discretionary Action(s) Findings Finding for Design Review Explanation of Finding a. The project design is The proposed two -story development represents a beach -style inconsistent with the cottage augmented with contemporary design utilizing a good General Plan, a Specific mixture of compatible materials and the creation of a visually Plan or the provisions of interesting development. The project conforms to site, building, this Code. and architectural design recommendations by incorporating varying horizontally and vertically articulated elements as well as eaves, decks, railings, lap sidings, shutters, standing seam metal roof, and other architectural projections. The project complies with all the development standards of the subject N -R20 zoning district including setbacks, building heights and lot coverage. All of the proposed guest parking spaces are located within the front yard setback. In accordance with Section (1)(B) of the Off - street Parking Design Manual, the locations of off - street parking spaces can be specified and approved through a Design Review Permit within the front yard setback. The proposed parking spaces within the front yard setback will not impact the project operationally or aesthetically and will be sufficiently screened from view with four 4- foot high cement plaster walls with sufficient landscape plantings. With the approval of the discretionary permits requested, the proposed project will comply with all applicable policies of the General Plan, all applicable development standards of the subject N -R20 zone and all applicable provisions of the Municipal Code. The project as proposed adequately addresses visual impacts and no additional conditions or limitations are necessary to ensure compatibility with the Scenic/Visual Corridor Overlay Zone. b. The project design is The selected architectural design, reminiscent of a beach -style substantially cottage augmented with contemporary elements, is proposed inconsistent with the with the utilization of a non - reflective galvanized metal roof Design Review material; smooth lap sidings; Bahama shutters, decks, belly Guidelines. bands and railings; and smooth 3 -coast stucco exterior walls. The standing -seam metal roof will be a non - reflective light gray color. Garage doors are proposed with custom aluminum materials and distinctive designs. Building accents include the use of distinctive shades of yellow and green colors for the fiber cement lap siding, and the varied use of simulated Bahama shutters and a mixture of glass and metal balconies and railings. Each unit is proposed to be painted a different color and material applications are utilized in order to distinguish the unit from each other but still maintain the beach - style theme throughout all four elevations of the project. The lap siding materials will be used primarily at the second -level exterior walls to complement the chosen architectural design, while shutters will be placed on the sides as a shade canopy for select windows. The white vinyl windows complement the different colored lap siding and metal accents. The front elevation provides sufficient horizontal wall plane variations with Finding for Design Review Explanation of Finding complimentary materials carried around each corner. Variations also include alternating and unique "butterfly" roof design and second level decks and railings with distinctive designs. The landscape plan provides ample coverage for the project site and substantial backyard planting will ensure that the project is buffered from and blends visually with the surrounding development, as viewed from the adjacent residences. The proposed two -story development design is compatible with the surrounding types of structures including the two -story multi -unit development most adjacent to the south. The project is proposing a 15 -foot rear yard setback from the most easterly property line. The 15 -foot setback will also serve as a landscaping buffer, as required under Section 30.16.010D3 of the Municipal Code, so as not to impose on the privacy of the adjacent single story dwelling unit. c. The project would The proposed use is allowed by right in the subject N -R20 zone and adversely affect the no evidence has been submitted or discovered that would suggest health, safety, or that the proposed project would adversely affect the surrounding general welfare of the neighborhood or community. All services /infrastructures (i.e. community. stormwater facilities, water and sewer) are available and provided as required under this permit to serve the subject property. The project is exempt from the requirements of CEQA and no adverse impact to the environment is anticipated. Additionally, the proposed units are designed in an environmentally sustainable manner. The design and project goals include, porous surfaces to mitigate storm water runoff, native and drought resistant plants to limit irrigation needs, as well as energy efficient lighting, appliance, window, mechanical, hot water heating products and standards that exceed Title 24 requirements to reduce overall energy consumption. The project is also conditioned to require each unit to include installation of wiring for current or conduits for future installation of photovoltaic energy generation system(s) and an electric vehicle charging station. d. The project would tend The proposed two -story development design is compatible with to cause the the surrounding types of structures. The selected modern beach - surrounding style cottage architectural design proposes to use a non - reflective neighborhood to galvanized metal roof material, fiber cement lap siding, wood depreciate materially in shutters, belly bands, decks and railings. The building siding is appearance or value. proposed to be of fiber cement composite and the shutters, railings, decks and belly bands will be of wood and timber materials. The standing -seam metal roof will be "Standard Grey ", a non - reflective light gray color. Garage doors are proposed with contemporary aluminum and glass materials and distinctive designs. The project substantially conforms to site, building, landscape and privacy design standards by incorporating varying horizontally and vertically articulated elements as well as eaves, decks, railings, Finding for Design Review Explanation of Finding 1. The proposed project is consistent with the and other architectural projections. The project would enhance the certified Local Coastal Program of the City appearance of the property and the neighborhood. The proposed of Encinitas. colors, materials and architectural features are well coordinated and complementary to the site and its surroundings. The landscape 2. The proposed development conforms with plan provides ample coverage for the project site and substantial Public Resources Code Section 21000 and backyard planting would ensure that the project blends visually with following (CEQA) and that there are no the surrounding development, as viewed from the adjacent feasible mitigation measures or feasible residences. No evidence has been submitted or discovered that alternatives available which would would suggest that the proposed project would cause any material substantially lessen any significant adverse depreciation in appearance or value of the surrounding impact that the activity may have on the neighborhood. Finding for Coastal Development Permit Explanation of Finding 1. The proposed project is consistent with the With approval of the Design Review Permit certified Local Coastal Program of the City and Coastal Development permit the project of Encinitas. conforms to the Encinitas Municipal Code and the North 101 Corridor Specific Plan. The 2. The proposed development conforms with project as proposed complies with applicable Public Resources Code Section 21000 and development standards for the subject N -R20 following (CEQA) and that there are no zone. The project is determined to be exempt feasible mitigation measures or feasible from environmental review pursuant to alternatives available which would Sections 15301(1)(2), and 15332. of the substantially lessen any significant adverse California Environmental Quality Act (CEQA) impact that the activity may have on the Guidelines, which exempt the demolition of environment. duplexes or similar multifamily residential structures and in -fill developments which are 3. For projects involving development consistent with local general plan and zoning between the sea or other body of water requirements. The subject site is located on a and the nearest public road, approval shall fully disturbed property consisting of include a specific finding that such impervious surface area, landscaping and development is in conformity with the three (3) detached single -story residential public access and public recreation structures. The site is not located between policies of Section 30200 et seq. of the the sea and the nearest public road. Coastal Act. The above environmental determination and findings are supported by the minutes, maps, and exhibits, all of which are herein incorporated by reference. BE [T FURTHER RESOLVED that based onthe Environmental Determination and Findings h8[8iDb8h]r8 adopted by the Planning CO[OOOiSsiOD^ C@3R NO. 14-306 DF|K8{}D/CDP i8 hereby subject kJ the conditions iO Exhibit B. PASSED AND ADOPTED this 201h day of August, 2015 by the following vote, to wit: AYES:Doeroer NOES: None ABSTAIN: None Horvath, Flores, Drakos, O'Grady ABSENT: Brandenburg Michael Glenn O'Grady, Chair EXHIBIT 'A' LEGAL DESCRIPTION APN: 216- 052 -18 ALL THAT PORTION OF EATONVILLE, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 513, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 20, 1888, AND OF THE NORTH ONE HALF OF THE SOUTHEAST ONE QUARTER OF THE SOUTHWEST ONE QUARTER OF SECTION 33, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ACCORDING UNITED STATES GOVERNMENT SURVEY APPROVED OCTOBER 25, 1875, DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE TOWNSHIP LINE BETWEEN TOWNSHIPS 12 AND 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, WITH THE EASTERLY BOUNDARY LINE OF THE RIGHT OF WAY OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, FORMERLY THE CALIFORNIA SOUTHERN RAILROAD COMPANY, ACCORDING TO THE PROFILE OF ITS ROAD APPROVED BY THE DEPARTMENT OF THE INTERIOR MAY 12, 1881, UNDER THE ACT OF CONGRESS OF MARCH 3, 1875, THENCE NORTH 15 DEGREES 43 FEET 30 INCHES WEST ALONG SAID EASTERLY LINE OF SAID RIGHT OF WAY 374.95 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 74 DEGREES 16 FEET 30 INCHES EAST 75.00 FEET; THENCE NORTH 15 DEGREES 43 FEET 30 INCHES WEST 253.71 FEET TO THE SOUTHERLY LIINE OF THE LAND DESCRIBED AS PACEL 25 IIN THE TRUST DEED EXECUTED JANUARY 15, 1927 BY SOUTH COAST LAND COMPANY, TO SECURITY TRUST AND SAVINGS BANK, RECORDED IN BOOK 1324, PAGE 387 OF DEEDS; RECORDS OF SAN DIEGO COUNTY, CALIFORNIA; THENCE SOUTH 67 DEGREES 39 FEET 00 INCHES WEST ALONG SAID SOUTHERLY LINE 75.50 FEET TO SAID EASTERLY BOUNDARY OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY; THENCE SOUTH 15 DEGREES 43 FEET 30 INCHES EAST ALONG SAID EASTERLY LINE 245.00 FEET TO THE TRUE POINT OF BEGINNING. EXHIBIT `B' CONDITIONS OF APPROVAL Applicant: N. Vulcan I, LLC Location: 1911 -1941 N. Vulcan Avenue (APN: 216- 052 -18) 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 August 20, 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 consisting of a total of fifteen sheets, including Title Sheet (Sheet T1.01), Topographic Survey Map (A1.01), Preliminary Grading Plan (Cl), Drainage Management Area, Site Plan (A2.01 — A2.02), 3D Exterior (A3.00), Elevations (A3.01- A3.02), Roof Plan (A4.01), Material Board (MB.01- MB.03), and Landscape Plans (L- 1.0- L -1.1) all stamped received by the City of Encinitas on July 8, 2015, and all designated as approved by the Planning Commission on August 20, 2015, and shall not be altered without express authorization by the Planning and Building Department. SCA The original conditions of approval in Resolution No. PC 2008 -14 shall apply unless superseded in this Resolution. SCB All six unenclosed parking spaces adjacent to parking garages shall be reserved for purpose of providing parking areas for guest only and for the benefit of all six units. Signage shall be posted to properly identify the six guest parking spaces. SCC The landscaping area and materials in the rear yard, as depicted on the Landscape plans, shall remain and be maintained in perpetuity to provide a screening buffer to the adjacent properties to the east. SCD The applicant shall provide a minimum of six 48 -inch box palm trees on site along the frontage of the project to replace the palm trees to be removed as a result of the required street improvements on N. Vulcan Avenue fronting the property. SCE 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 grading permit: 1. This application is a modification to Planning Case No. 07 -031 DR/TM /CDP. The original conditions of approval shall apply unless superseded below. Upon approval of this application the developer shall submit grading, improvement plans, and a final map to the Engineering Division for review. 2. The owner shall dedicate additional right -of -way along the property frontage to N. Vulcan Avenue to ensure a property line to road centerline distance of 30 feet for a total right -of -way width of 55 feet. 3. All overhead utility service lines to the property shall be installed underground. 4. Each unit shall have a separate sewer and water service. 5. The owner shall be responsible for the construction of public improvements along the property frontage to N. Vulcan Avenue per North 101 Specific Plan. The street cross section shall match Figure 5 -D of said plan, and shall include improvements to the east side of the road only. The location of the sidewalk shall be approved by the Engineering Division at the time the public improvement plan is processed. A temporary AC berm transition to the driveway apron to the north shall be provided at a minimum 5:1 taper. The applicant shall provide storm water quality treatment facilities to collect and treat runoff from the approximately 3,800 square feet of pavement widening along Vulcan Avenue. Two 15 feet wide by 8 feet deep bioretention popouts may be utilized at the very north and south end of the project. Property owners shall be responsible for the maintenance of these facilities in perpetuity. A Homeowners Association shall be formed and /or CCRs shall be recorded along with a Stormwater Treatment Facility Maintenance Agreement to ensure the continued maintenance of these facilities. 6. The applicant shall construct a curb and gutter or pavement widening and AC berm approximately 300 linear feet to the north offsite to an existing brow ditch along the easterly side of Vulcan Avenue. Said curb and gutter or berm shall be outside of the existing pavement and may require a small retaining wall. The design of the offsite drainage improvements is subject to review and approval when the public improvement plans are submitted to the Engineering Division. 7. The proposed shared driveways shall be constructed per SDRSD G -14. Any portion of the sidewalk located outside of the public right -of -way shall require a Public Pedestrian Access Easement to be dedicated per the Final Map. Not more than 40 percent of the property frontage on residential lots may be allocated for curb opening and curb opening shall be configured to maximize on- street parking along the frontage. 8. All utilities and street signs displaced by the required improvements shall be relocated to the satisfaction of the City Engineer, including but not limited to the fire hydrant and SDG &E transformer as shown. 9. If a gang -style mailbox is to be utilized, it shall be located out of the right -of -way. 10. The project lies within the Leucadia Wastewater District. Project plans shall be submitted to the district for requirements and processed to approval. 11. The existing survey monuments as shown per Corner Record 30513 shall be shown on the preliminary grading plan and shall be protected in- place. If said monument is disturbed or destroyed it shall be replaced by a licensed land surveyor and shall file a Corner Record with the County or be included with the final map. 12. As proposed, the project is a Standard project for purposes of Stormwater Quality under the currently enforceable NPDES permit; however under NPDES permit R9- 2013 -0001 which becomes effective on December 24, 2015 this project MAY be considered a Priority Development Project if not already under construction with an issued grading permit. The project drawings may need to be revised accordingly. SCF The following conditions shall be completed /fulfilled to the satisfaction of the San Dieguito Water District (SDWD): 1. The subject property is currently being served by a 5/8 -inch water meter. Upon development, each parcel shall be required to be individually metered. 2. A hydraulic analysis shall be required for the proposed subdivision. The results of the analysis will dictate the approved design of the water system and to determine the re- design of the existing water system. This analysis shall account for future development for the area. 3. The developer shall install the water system according to Water Agencies (WAS) standards, and dedicate to SDWD the portion of the water system which is to be public. 4. 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 is the responsibility of the developer. The district will require a minimum additional five feet from outside of edge of pavement or behind curb for SDWD facilities. Appurtenances shall not be placed in roadside ditches. 5. The developer shall show all existing and proposed water facilities on improvement or grading plans for SDWD Approval. SCG A minimum of 250 cubic feet of lockable, enclosed storage area per unit shall be provided within the garage or the main building. SCH Recreation vehicle parking shall be prohibited on site pursuant to Municipal Code Section 30.16.010D5. SCI The CC &R's shall be reviewed and approved by the Planning and Building and Engineering Department for consistency with the project description and conditions of this approval prior to recordation of the Final Map. SCJ The CC &Rs shall include language that ensures the professional maintenance, repair, and replacement of the storm water pollution control facilities, drainage facilities, common landscaping, common retaining walls, noise fence, parking easements and private roads are maintained as necessary into perpetuity. If offsite improvement is provided for storm water pollution control, an easement shall be provided for the benefit of this subdivision into perpetuity. The maintenance of the offsite facilities shall be included in the CC &Rs. G1 STANDARD CONDITIONS: CONTACT THE PLANNING AND BUILDING DEPARTMENT REGARDING COMPLIANCE WITH 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. G4 Prior to building /grading permit issuance, the owner shall cause a covenant regarding real property to be recorded. Said covenant shall set forth the terms and conditions of this grant of approval and shall be of a form and content satisfactory to the Planning and Building Director. The Owner(s) agree, in acceptance of the conditions of this approval, to waive any claims of liability against the City and agrees to indemnify, hold harmless and defend the City and City's employees relative to the action to approve the project. G5 Approval of this request shall not waive compliance with any sections of the Municipal Code and all other applicable City regulations in effect at the time of Building Permit issuance unless specifically waived herein. G7 Prior to issuing a final inspection on framing, the applicant shall provide a survey from a licensed surveyor or a registered civil engineer verifying that the building height is in compliance with the approved plans. The height certification /survey shall be supplemented with a reduced (8 %2 in. x 11 in.) copy of the site plan and elevations depicting the exact point(s) of certification. The engineer /surveyor shall contact the Planning and Building Department to identify and finalize the exact point(s) to be certified prior to conducting the survey. G9 Trash enclosure(s) shall be constructed of masonry with an exterior compatible with that of the building(s), and shall be provided with view - obstructing solid metal gates as approved by the authorized agency. Adequate space for recyclable materials shall be provided within the enclosure in accordance with Municipal Code requirements. The applicant shall review the design of the trash enclosure with the service provider and receive approval prior to building permit issuance. G10 All retaining and other freestanding walls, fences, and enclosures shall be architecturally designed in a manner similar to, and consistent with, the primary structures (e.g. stucco - coated masonry, split -face block or slump stone). These items shall be approved by the Planning and Building Department prior to the issuance of building and /or grading permits. G11 All roof - mounted equipment and appurtenances, including air conditioners and their associated vents, conduits and other mechanical and electrical equipment, shall be architecturally integrated, and shall be shielded from view and sound buffered to the satisfaction of the Planning and Building Department. Note: All rooftop equipment shall be assumed visible unless demonstrated otherwise to the satisfaction of the Planning and Building Department, and adequate structural support shall be incorporated into building design. Rooftop vent pipes shall be combined below the roof, and shall utilize decorative caps where visible from any point. Ground - mounted mechanical and electrical 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 /initiating use in reliance on this permit 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. G14 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. G18 Parking area shall be screened from adjacent properties and /or public view with decorative wall(s) and /or landscaping. Said screening shall be reviewed and approved by the Planning and Building Department prior to building permit issuance. 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 conduits for future installation of photovoltaic energy generation system(s) and an electric vehicle charging station. G23 Any wall, fence or combination thereof exceeding 6 ft. 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.A.1 of the Encinitas Municipal Code. Where a minimum 2 ft. 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 purpose of measuring height and may be exempted from design review provided none of the offset fences or walls exceed 6 ft. in height pursuant to Section 23.08.030. B.1. 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). L3 All parking areas and driveways shall conform with Chapter 30.54 of the Municipal Code and the City's Offstreet Parking and Design Manual incorporated by reference therein. 1-4(b) 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 homeowners association. 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 areas and walkways, walls, fences, etc. Failure to maintain landscaping and the site in general may result in the setting of a public hearing to revoke or modify the approval. This condition shall be recorded with the covenant required by this Resolution. L5 All masonry freestanding or retaining walls visible from points beyond the project site shall be treated with a protective sealant coating to facilitate graffiti removal. The sealant shall be of a type satisfactory to the Engineering Services and Planning and Building Departments. The property owner shall be responsible for the removal in a timely manner of any graffiti posted on such walls. 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. DR2 Side and rear elevations and window treatments shall be trimmed and architecturally treated so as to substantially match the front elevations. This treatment shall be reflected in building plans and shall be found satisfactory by the Planning and Building Department prior to the issuance of building permits. DR3 All project grading shall conform with the approved plans. If no grading is proposed on the approved plans, or subsequent grading plans are inconsistent with the grading shown on the approved plans, a design review permit for such grading shall be obtained from the authorized agency of the City prior to issuance of grading or building permits. CONTACT THE ENCINITAS BUILDING DIVISION REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: B2R The applicant shall submit a complete set of construction plans to the Building Division for plancheck processing. The submittal shall include a Soils /Geotechnical Report, structural calculations, and State Energy compliance documentation (Title 24). Construction plans shall include a site plan, a foundation plan, floor and roof framing plans, floor plan(s), section details, exterior elevations, and materials specifications. Submitted plans must show compliance with the latest adopted editions of the California Building Code (The Uniform Building Code with California Amendments, the California Mechanical, Electrical and Plumbing Codes). These comments are preliminary only. A comprehensive plancheck will be completed prior to permit issuance and additional technical code requirements may be identified and changes to the originally submitted plans may be required. F1 FIRE 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 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 and shall be provided with an approved paved surface to provide all - weather driving capabilities. 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. F11 FIRE HYDRANTS AND FIRE FLOWS: The applicant shall provide fire hydrants of a type, number, and location satisfactory to the Encinitas Fire Department. A letter from 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 -inch and two (2) 2 '/2 -inch NST outlets. Residential fire hydrants shall have one (1) 4 -inch NST outlet, and one (1) 2 Y2 -inch NST outlets. F13 ADDRESS NUMBERS: STREET NUMBERS: Approved numbers and /or addresses shall be placed on all new and existing buildings and at appropriate additional locations as to be plainly visible and legible from the street or roadway fronting the property from either direction of approach. Said numbers shall contrast with their background, and shall meet the following minimum standards as to size: 4 inches high with a %- 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. F15 AUTOMATIC FIRE SPRINKLER SYSTEM: Structures shall be protected by an automatic fire sprinkler system designed and installed to the satisfaction of the Fire Department. F18 CLASS "A" ROOF: All structures shall be provided with a Class "A" Roof covering to the satisfaction of the Encinitas Fire Department. E1 ENGINEERING CONDITIONS: CONTACT THE ENGINEERING SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): E2 All City Codes, regulations, and policies in effect at the time of building /grading permit issuance shall apply. E3 All drawings submitted for Engineering permits are required to reference the NAVD 88 datum; the NGVD 29 datum will not be accepted. EG1 Grading Conditions EG3 The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. EG4 The grading for this project is defined in Chapter 23.24 of the Encinitas Municipal Code. Grading shall be performed under the observation of a civil engineer whose responsibility it shall be to coordinate site inspection and testing to ensure compliance of the work with the approved grading plan, submit required reports to the Engineering Services Director and verify compliance with Chapter 23.24 of the Encinitas Municipal Code. EG5 No grading shall occur outside the limits of the project unless a letter of permission is obtained from the owners of the affected properties. EG6 Separate grading plans shall be submitted and approved and separate grading permits issued for borrow or disposal sites if located within the city limits. EG7 All newly created slopes within this project shall be no steeper than 2:1. EG8 A soils /geological /hydraulic report (as applicable) shall be prepared by a qualified engineer licensed by the State of California to perform such work. The report shall be submitted with the first grading plan submittal and shall be approved prior to issuance of any grading permit for the project. EG9 Prior to hauling dirt or construction materials to any proposed construction site within this project the developer shall submit to and receive approval from the Engineering Services Director for the proposed haul route. The developer shall comply with all conditions and requirements the Engineering Services Director may impose with regards to the hauling operation. EG10 In accordance with Section 23.24.370 (A) of the Municipal Code, no grading permit shall be issued for work occurring between October 1st of any year and April 15th of the following year, unless the plans for such work include details of protective measures, including desilting basins or other temporary drainage or control measures, or both, as may be deemed necessary by the field inspector to protect the adjoining public and private property from damage by erosion, flooding, or the deposition of mud or debris which may originate from the site or result from such grading operations. ED1 Drainaae 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. 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. 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 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 pollution control shall not be modified without a permit from the City. A note to this effect shall be placed on the Grading plan.