2016-08 (EG)RESOLUTION NO. PC 2016 -08
A RESOLUTION OF THE CITY OF ENCINITAS PLANNING COMMISSION
APPROVING A DENSITY BONUS TENTATIVE MAP, DESIGN REVIEW
PERMIT, COASTAL DEVELOPMENT PERMIT AND FINAL MITIGATED
NEGATIVE DECLARATION TO DEMOLISH AN EXISTING SINGLE - FAMILY
RESIDENCE, TO SUBDIVIDE AN EXISTING 1.93 -ACRE SITE INTO NINE
RESIDENTIAL LOTS AND ONE PRIVATE STREET LOT; AND CONSTRUCT
NINE SINGLE - FAMILY DWELLING UNITS (INCLUDING EIGHT MARKET
RATE UNITS AND ONE AFFORDABLE UNIT) WITH ASSOCIATED GRADING,
LANDSCAPING, AND SITE IMPROVEMENTS AND A TEMPORARY
CONSTRUCTION /SALES TRAILER LOCATED AT 720 BALOUR DRIVE.
(CASE NO. 13 -267 TMDB /DR/CPD /MND; APN: 259 - 101 -22 & 259 - 101 -23)
WHEREAS, SanandradeM 2014, LLC, submitted an application for a Density Bonus
Tentative Map, Design Review Permit, Coastal Development Permit and Final Mitigated
Negative Declaration application to demolish an existing single - family residence, to subdivide an
existing 1.93 acre site into nine residential lots and one private street lot; and construct nine
single - family dwelling units (including eight market rate units and one affordable unit) with
associated grading, landscaping and site improvements, and a temporary construction /sales
trailer at the property located at 720 Balour Drive, legally described as Exhibit "A "; and
WHEREAS, the Planning Commission conducted a noticed public hearing on the
application on January 21, 2016, at which time the Planning Commission received public
testimony, deliberated and voted to continue the project to the February 18, 2016 Planning
Commission hearing in order to address two issues which include: 1) exploring options for a shared
access driveway with Saint John's Catholic Church; and 2) providing more prominent transitions
between the existing neighborhood to the south and the proposed homes; and
WHEREAS, the Planning Commission conducted a noticed public hearing on the
application on February 18, 2016, at which time all those desiring to be heard were heard; and
NOW, THEREFORE, BE IT RESOLVED that the Encinitas Planning Commission
hereby APPROVES Case No. 13 -267 TMDB /DR /CDP /MND based on the following
Environmental Determination and Findings:
Section 1. California Environmental Quality Act Determination
An Environmental Initial Study was completed by the City as the lead agency for environmental
review in accordance with the requirements of the California Environmental Quality Act (CEQA).
A Draft Mitigated Negative Declaration (Draft MND) was prepared, circulated, and notice made
of its availability for public review and comment during the period from November 13, 2015,
through December 14, 2015. (A synopsis of the impact analysis is provided below). Upon close
of the 30 -day comment period, staff received three comment letters from the California Coastal
Commission, Saint John's Catholic Church and the Oak Knolls Residents (neighborhood to the
south of the project site). The letters are included in the staff report as Attachment 6.
Responses to each of the comments received are included in the Final Mitigated Negative
Declaration document included as Attachment 6 of this report.
The Final Mitigated Negative Declaration environmental document was subsequently prepared,
which identified no significant environmental impacts for Traffic or Community Character. The
Final Mitigated Negative Declaration identified less than significant environmental impacts with
the implementation of proposed mitigation measures for Biological Resources, Paleontological
Resources and Hazardous Materials.
The project is required to provide the mitigation measures for Biological Resources,
Paleontological Resources and Hazardous Materials to ensure that the environmental impacts
of the project would be less than significant. Condition of Approval G8 of the attached
resolution (Attachment 1) required compliance with the Mitigation, Monitoring and Reporting
Program (MMRP) and the mitigation measures that are required for the project. The entire Final
Mitigated Negative Declaration is adopted herein by reference.
Section 2. Discretionary Actions Findings
FINDINGS
Based on Section 66474 of the California Government Code, findings for a Density Bonus
Tentative Map and the aforementioned analysis, Planning Commission has made the
following findings to support the approval, with conditions:
`indn s far Tentative Mao
F
Explanation of Finclin
That the proposed map is not consistent with
The proposed nine lot residential subdivision
applicable general and specific plans as
includes a request for density bonus in
specified in Section 65451 of the Subdivision
accordance with the State Density Bonus Law
Map Act.
as per California Government Code Section
65915. According to the State Density Bonus
Law, the applicant can request to increase the
allotted density per local municipal code to go
beyond the maximum density. The proposed
map is consistent with the General Plan,
Subdivision Map Act and State Density Bonus
Law.
That the design or improvement of the proposed
The project design and improvement are
subdivision is not consistent with applicable
consistent with the General Plan as
general and specific plans.
conditioned herein.
That the site is not physically suitable for the
The project proposes to create nine residential
proposed type of development.
lots pursuant to the State Density Bonus Law.
As a relatively flat site, the project is physically
suitable for the proposed development and all
necessary public facilities and services are in
place or can be extended to serve the project.
The applicant has submitted letters of facility
availability for the project from fire, sewer, water,
elementary and high school service providers.
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Findings for Tentative Map
Explanation of Finding
That the site is not physically suitable for the
The proposed subdivision is consistent with the
proposed density of development.
maximum density standards outlined in Chapter
30.16 (R -5 zone) of the Municipal Code with the
benefit of State Density Bonus Law noted in
California Government Code Section 65915. All
necessary public facilities and services are in
place or can be extended to serve the project.
No topographical characteristics nor site
conditions, constrain the property resulting in
the unsuitability of the development of the site
as proposed.
That the design of the subdivision or the
The proposed subdivision is located in an
proposed improvements are likely to cause
urbanized area and would not affect any natural
substantial environmental damage or
habitat. The City prepared a Mitigated
substantially or avoidably injure fish or wildlife or
Negative Declaration, which has determined
their habitat.
that with the required mitigation measures, no
significant negative environmental impacts
would result from the proposed project.
That the design of the subdivision or the type of
All necessary public facilities and services are in
improvements is likely to cause serious public
place or can be extended to serve the project.
health problems.
The applicant has submitted letters of facility
availability for the project from fire, sewer, water,
elementary and high school service providers.
The City prepared a Mitigated Negative
Declaration, which has determined that with
mitigation measures, no significant negative
environmental impacts would result from the
proposed project.
That the design of the subdivision or the type of
All easements of record are identified in the
improvements will conflict with easements,
preliminary title report for the subject property
acquired by the public at large, for access
and shown on the proposed tentative map. No
through or use of, property within the proposed
conflicts with easements of record have been
subdivision. In this connection, the authorized
identified.
agency may approve a map if it finds that
alternate easements, for access or for use, will
be provided, and that these will be substantially
equivalent to ones previously acquired by the
public. This subsection shall apply only to
easements of record or to easements
established by judgment of a court of competent
jurisdiction and no authority is hereby granted to
a legislative body to determine that the public at
large has acquired easements through or use of
property within the proposed subdivision.
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Based on Encinitas Municipal Code Section 23.08.080, findings for a Design Review
Permit and the aforementioned analysis, Planning Commission has made the following
findings to support the approval, with conditions:
- Findin s fo.rDesi' n Re-view 'ermft:
Ex Ianatibn of-Fip in
The project design is inconsistent with the
The project is consistent with the provisions of
General Plan, a Specific Plan, or the provisions
the General Plan, Local Coastal Plan and
of the Municipal Code.
provisions of the Municipal Code and the State
Density Bonus Law, as detailed in the staff
re ort.
The project design is substantially inconsistent
The project is consistent with the City of
with the Design Review Guidelines.
Encinitas Design Guidelines. Impacts of the
project on surrounding properties have been
minimized by various design elements that
have been incorporated into the project to the
extent feasible. The building design proposes
variety in building materials and color
schemes, as well as and variation in
architectural style. Nine distinguishing color
schemes, seven unique floor plans, and three
distinctive architectural styles, including
Coastal Cottage, Spanish Colonial, and
Coastal Bungalow will give the appearance of
a customized development project.
The combination of landscaping and enhanced
driveway treatments will provide a cohesive
image of the project as viewed from the street
and will contribute positively to the character of
the neighborhood. Further, the landscape
plantings proposed in the rear /side yards
along the southern property lines will minimize
the aesthetic impact and view of the project
from the established residential neighborhood
to the south.
The project would adversely affect the health,
No evidence has been submitted or received
safety, or general welfare of the community.
to demonstrate that the proposed project
would adversely affect the health, safety, or
general welfare of the community. The Final
Mitigated Negative Declaration environmental
document identified no significant negative
environmental impacts that would result from
the proposed project with the implementation
of proposed mitigation measures.
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Findings for Design Review Permit:
Explanation of'Findin
The project would cause the surrounding
The Community Character analysis prepared
neighborhood to depreciate materially in
for the project concluded that the project is
appearance or value.
consistent with the surrounding development.
1, 6- �'...
No evidence has been submitted or received
to indicate that the project will cause the
surrounding neighborhood to depreciate
Michael lenn O'Grady, Cha�
materially in appearance or value.
Based on Encinitas Municipal Code Section 30.80.090, findings for a Coastal
Development Permit and the aforementioned analysis, Planning Commission has made
the following findings to support the approval, with conditions:
Finding for Coastal Devdlo ment Permit
'Ex laneiion oWndin
The project is consistent with the certified
The Planning and Building Department finds
Local Coastal Program of the City of Encinitas.
that 1) the project is consistent with the certified
ABSENT:
Local Coastal Program of the City of Encinitas
1, 6- �'...
with the approval of the Tentative Map, Design
Review Permit and Coastal Development
Permit, as modified by the State Density Bonus
Michael lenn O'Grady, Cha�
Law and as conditioned; 2) the City has
prepared a Mitigated Negative Declaration,
which has determined that no significant
environmental impacts would result from the
proposed project with the incorporation of the
mitigation measures and conditions of
approval; and 3) finding No. 3 is not applicable
since the project site is located on Balour Drive
which is not located between the first public
road and the Pacific Ocean.
The above environmental determination and findings are supported by the minutes, maps, and
exhibits, all of which are herein incorporated by reference.
BE IT FURTHER RESOLVED that based on the Environmental Determination and
Findings hereinbefore approved by the Planning Commission, Case No. 13 -267
TMDB /DR/CDP /MND is hereby subject to the conditions in Exhibit "B ".
PASSED AND ADOPTED this 18th day of February 2016, by the following vote, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
1, 6- �'...
V11
ITTEST:
Michael lenn O'Grady, Cha�
CP Secretary
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Resolution No. PC 2016 -08
Case No. 13 -267 TMDB /DR/CDP /MND
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
ALL THAT PORTIONS OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER
OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 13, SOUTH RANGE 4
WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES OF GOVERNMENT
SURVEY, LYING NORTHERLY OF THE NORTHERLY LINE OF OAK KNOLLS UNIT NO. 1,
ACCORDING TO MAP THEREOF NO. 4246, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY.
APN: 259- 101 -22 -00 AND 259 - 101 -23 -00
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EXHIBIT "B"
Resolution No. PC 2016 -08
Case No. 13 -267 TMDB /DR/CDP /MND
Applicant: SanandradeM 2014, LLC
Location: 720 Balour Drive (APN: 259 - 101 -22 & 259 - 101 -23)
SC1 SPECIFIC CONDITIONS:
SC3 Approval of the Tentative Map and all associated permits will expire on February 18, 2019,
at 5 p.m., three years after the approval of this project, unless the conditions have been met
or an extension of time has been approved pursuant to the Municipal Code.
SC5 This project is conditionally approved as set forth on the application dated received by the
City of Encinitas on December 17, 2013, and the project drawings consisting of 40 sheets
total, including 33 architectural plan sheets (including Site Plans, Floor Plans, Roof
Plans, Elevations, Architectural Styles and Colored Elevations); the Tentative
Map /Grading Plan set consisting of 5 sheets; Landscape Plans (consisting of 1 sheet), a
Setback Exhibit (consisting of 1 sheet), all dated received by the City on February 3, 2016;
all designated as approved by the Planning Commission on February 18, 2016, and shall
not be altered without express authorization by the Planning and Building Department.
M1 This approval may be appealed to the City Council within 10 calendar days from the date of
this approval pursuant to Chapter 1.12 of the Municipal Code.
SCA The following conditions shall be completed and /or fulfilled to the satisfaction of the
Planning and Building Department:
Prior to final map recordation, the applicant shall enter into and cause to be recorded
an Affordable Housing Regulatory Agreement, to be provided by the City which shall
contain requirements for the design, phasing, construction, marketing, occupancy
and maintenance of the density bonus affordable unit(s) on Lot 8. It shall also contain
the term, household income requirements and restrictions, rental rate restriction; the
sales price restriction; and monitoring procedures and any other conditions to ensure
affordability during the term. The affordability term shall commence on the issuance
of certification of occupancy for unit, and continue in accordance with Government
Code Section 65915. Said Regulatory Agreement shall be of a form and content
satisfactory to the Planning and Building Department Director and pursuant to
California Government Code Section 65915, as amended.
a. The phased construction of the density bonus affordable unit shall proceed in
accordance with the phasing plan approved by the City. This phasing plan shall
be included in the affordable housing regulatory agreement to be prepared for
the project and shall stipulate that certificates of occupancy for no more than 4`"
market rate units in the subdivision shall be granted by the City prior to the
construction of the affordable unit on Lot 8 by the applicant or the applicant's
successor in interest and approval of final occupancy for said unit from the City
granted.
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b. The interior appearances, finishes, and amenities of the density bonus affordable
unit shall be comparable to new units in the community. Prior to the issuance for
the building permit, the developer shall submit sufficient information to the
satisfaction of the Planning and Building Department Director to ensure that the
quality of materials, floor coverings, cabinets, fixtures, appliances, doors,
windows is comparable to new for -sale units in the community.
2. Prior to final map recordation, the applicant shall enter into and cause to be recorded
an Affordable Housing Covenant, to be provided by the City, which shall contain the
affordability requirement and term. Said Covenant shall be of a form and content
satisfactory to the Planning and Building Department Director and pursuant to
California Government Code Section 65915, as amended.
3. The Postmaster shall approve final location of mailbox kiosks associated with this
project prior to issuance of grading permit.
4. Each lot/unit shall be required to install the landscaping within the rear yard within six
months after occupancy of the unit.
5. Upon completion of the installation of the landscaping and the irrigation system, a
final field observation shall be conducted and a certification of substantial completion
shall be provided to the City in accordance with the local landscape ordinance.
6. The building footprint for all residences shall substantially conform to the building
envelopes established pursuant to the approved Tentative Map for the subject
project with the following exceptions:
a. Architectural projections shall be allowed as established within Chapter 30.16 of
the Encinitas Municipal Code in relation to the building setback established with
the approved Tentative Map.
b. Patio covers and any and all accessory structures proposed shall be subject to
the provisions of Chapter 30.16 of the Encinitas Municipal Code. The provisions
for encroaching into building setbacks shall be applied in association with the
building envelopes established on the approved Tentative Map.
c. Any deviation from the approved building envelopes and open space areas shall
require a modification to the Tentative Map approval.
7. Prior to Final Map Approval, CC &Rs for the project shall be submitted to the
Planning and Building Department and Engineering Services Department for review
and approval. 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 including required trees along the rear yards
of Lots 3 thru 9, common retaining walls and fences, 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.
8. A temporary business /sales office may be allowed on the proposed project site. The
temporary business /sales office trailer shall comply with the provisions of Chapter
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30.46.100A2 of the Municipal Code. The temporary sales office trailer shall be
identified, on the grading and building permit site plan and be removed prior to issuance
of Certificate of Occupancy of the unit on the lot it is contained within to the satisfaction
of the Planning and Building Department.
9. All parking spaces provided within parking easements shown on the Tentative Map
shall not be restricted for the sole use of an individual lot within the subdivision.
Parking spaces shall be available to all residents and lawful visitors. Such
requirement shall be included in the CC &R's for the project.
10. Building plans for all new dwellings 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 for each unit.
11. 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 23.08040A1 of the Encinitas Municipal Code. Where a
minimum 2 -foot horizontal offset is provided, within which screening vegetation is
provided to the satisfaction of the Planning and Building Department, the fence /wall
may not be considered one continuous structure for purposes of measuring height
and may be exempted from design review provided none of the offset fences or walls
exceed 6 feet in height pursuant to Section 23.08.03081.
12. The owner /applicant shall provide a maintenance access road to the bioretention
area to the satisfaction of the Planning and Building Department, Public Works
Department and San Dieguito Water District prior to grading permit issuance, which
maintains the quality, quantities and design intent of the common area landscape
plan.
13. A common area phasing plan shall be provided for approval to the satisfaction of the
Planning & Building, Engineering and Fire Departments and in no case shall permit
issuance commence prior to necessary life safety and infrastructure thresholds and
no later than the building permit for the eighth residential unit for completion of all
common area amenities.
14. The applicant shall work with Planning staff to provide more variation in the plant
palette for the landscape buffer located on the south side of the site. The plants to be
installed for screening and privacy purposes within the rear yards of Lots 3 thru 9
and the side yard of Lot 2 shall be installed on each lot prior to final occupancy
release.
15. The CC &Rs for the project shall include language that allows for the homeowner's
association to enforce the maintenance of the landscape buffer/ plantings within the
rear yards.
16. A 6 -foot tall fence shall be installed in the rear yards of Lots 1 and 2 between the
bioretention areas and the usable back yard space to ensure that the required 50
foot wetland buffer is provided and maintained.
17. The line -of -sight triangle shall be maintained consistent with the requirements of the
City's Traffic Division at Balour Drive and the private street within the subdivision.
In
18. The conceptual landscape plan shall be revised to match the site plan and civil plan
stamped received by the City of Encinitas on February 3, 2016. The final landscape
plan shall be reviewed and approved by the Planning and Building Department prior
to issuance of a grading permit.
Environmental Conditions
Biological Resources
To avoid and /or minimize indirect impacts to nesting sensitive bird species located in the
off -site wetland habitat approximately 100 feet west of the project site, on -site
construction activities within 300 feet of the wetland area should be conducted outside of
the bird breeding season (February 1st to September 15th). If the project cannot avoid
the breeding season, then protocol surveys shall be conducted prior to construction by a
qualified biologist to ensure that there are no nesting sensitive bird species located
adjacent to the proposed work (within 300 feet). The survey should begin not more than
three days prior to the beginning of construction activities. The Wildlife Agencies and
Planning and Building Department shall be notified if any nesting birds are found. If an
active nest is found within 300 feet of project construction, the biologist will postpone
work within 300 feet of the nest and contact the Wildlife Agencies to discuss: 1) the best
approach to avoid /minimize impacts to nesting birds (e.g., sound walls); and 2) a nest
monitoring program acceptable to the Wildlife Agencies. Subsequent to these
discussions, work may be initiated subject to implementation of the agreed upon
avoidance /minimization approach and nest monitoring program. Nest success or failure
will be established by regular and frequent trips to the site, as determined by the
biologist and through a schedule approved by the Wildlife Agencies. The biologist will
determine whether bird activity is being disrupted. If the biologist determines that bird
activity is being disrupted, the applicant will stop work and coordinate with the Wildlife
Agencies to review the avoidance /minimization approach. Coordination between the
applicant and Wildlife Agencies to review the avoidance /minimization approach will
occur within 48 hours. Upon agreement as to the necessary revisions to the
avoidance /minimization approach, work may resume subject to the revisions and
continued nest monitoring. Nest monitoring will continue until fledglings have dispersed
or the nest has been determined to be a failure, as approved by the Wildlife Agencies.
2. Prior to certificate of occupancy, the biologist shall submit a final report to the Wildlife
Agencies and Planning and Building Department that includes: as -built construction
drawings with an overlay of any nesting habitat that was impacted and /or avoided,
photographs of habitat areas, and other relevant summary information documenting that
authorized impacts were not exceeded and that general compliance with all conditions of
this MND was achieved.
Paleontological Resources
Prior to commencement of grading activities, the project applicant shall implement a
paleontological monitoring and recovery program consisting of the following:
a. The project applicant shall retain the services of a qualified paleontologist. A qualified
paleontologist is defined as an individual having an M.S. or Ph.D. degree in
paleontology or geology, and who is a recognized expert in the identification of fossil
®i
materials and the application of paleontological recovery procedures and techniques.
A paleontological monitor is defined as an individual having experience in the
collection and salvage of fossil materials. The paleontological monitor shall work
under the direction of a qualified paleontologist.
b. The qualified paleontologist shall attend the project pre- construction meeting to
consult with the grading and excavation contractors concerning the grading plan and
paleontological field techniques.
c. The qualified paleontologist or paleontological monitor shall be on site on a fulltime
basis during the original cutting of previously undisturbed portions of the underlying
very old paralic deposits. If the qualified paleontologist or paleontological monitor
ascertains that the noted formations are not fossil bearing, the qualified
paleontologist shall have the authority to terminate the monitoring program.
d. If fossils are discovered, recovery shall be conducted by the qualified paleontologist
or paleontological monitor. In most cases, fossil salvage can be completed in a short
period of time, although some fossil specimens (such as a complete large mammal
skeleton) may require an extended salvage period. In these instances, the
paleontologist (or paleontological monitor) shall have the authority to temporarily
direct, divert, or halt grading to allow recovery of fossil remains in a timely manner.
e. If subsurface bones or other potential fossils are found anywhere within the project
site by construction personnel in the absence of a qualified paleontologist or
paleontological monitor, the qualified paleontologist shall be notified immediately to
assess their significance and make further recommendations.
f. Fossil remains collected during monitoring and salvage shall be cleaned, sorted, and
catalogued. Prepared fossils, along with copies of all pertinent field notes, photos,
and maps, shall be deposited (as a donation) in a scientific institution with permanent
paleontological collections such as the San Diego Natural History Museum.
g. Prior to final inspection for the grading permit, a final summary report outlining the
results of the mitigation program shall be prepared by the qualified paleontologist
and submitted to the Planning and Building Department for concurrence. This report
shall include discussions of the methods used, stratigraphic section(s) exposed,
fossils collected, and significance of recovered fossils; as well as appropriate maps.
Hazardous Materials
Prior to demolition permit issuance, a lead -based paint and asbestos survey shall be
conducted on the project site by a licensed lead and asbestos inspector. The survey
shall determine whether any on -site abatement of lead- containing paint or asbestos
containing materials is necessary. In addition, the survey shall include an abatement
work plan prepared in compliance with federal and state regulations mentioned in the
Section VIII. B. of the Environmental Initial Study for any necessary removal of such
materials. The work plan shall include a monitoring plan to be conducted by a qualified
consultant during abatement activities to ensure compliance with the work plan
requirements and abatement contractor specifications. The survey and any associated
work plan shall be submitted to the Planning and Building Department for review and
approval prior to initiation of any necessary abatement activity. The results of the
monitoring plan shall be submitted to the Planning and Building Department for review
and approval prior to demolition permit issuance. Any necessary abatement operations
that involve asbestos - containing materials shall conform to San Diego Air Pollution
Control District (SDAPCD) Rules 361.140— 361.156. Prior to demolition permit issuance,
the project applicant shall submit evidence to the Planning and Building Department that
an Asbestos Demolition or Renovation Operational Plan (Notice of Intention) has been
submitted to SDAPCD at least 10 working days before any asbestos stripping or removal
work begins.
SCB The following conditions shall be completed and /or fulfilled to the satisfaction of the
Engineering Services Department:
As shown on the Tentative Map the owner shall dedicate ten feet of property
frontage along Balour Drive for public right -of -way.
2. As shown on the Tentative Map and Preliminary Grading Plan, the applicant shall
provide a minimum of five 6 -foot x 25 -foot shared pervious paver parking spaces
adjacent to the proposed private road to accommodate guest and /or visitor parking
for the community. The parking areas shall be contained within a private parking
easement that shall be reserved on the Final Map and granted to the HOA.
3. The applicant shall grant to the City a Public Easement for Private Street over the
proposed private road easement which will give the City access rights for sewer,
water, emergency access, etc.
4. As shown, a 36 -foot radius cul -de -sac shall be required at the easterly terminus of
the proposed private road. The private road easement and Public Easement for
Private Street easement radius shall be 36.5 to include the curb. As shown, the cul-
de -sac shall be constructed with pervious pavers underlain by a deepened crush
rock base; no impervious liner shall be permitted under the pavers.
5. Because the bounds of the road and utility easement are only to the edge of the
paving /curb itself, there is no room for necessary utility appurtenances such as
water meters, transformers, cable pedestals, irrigation controllers, etc. within the
easement. A separate Public General Utility Easement shall be granted beyond the
bounds of the road easement to facilitate the placement of these facilities.
6. Prior to recordation of the Final Map, the developer shall be responsible for the
construction of public improvements along the property frontage to Balour Drive.
Street improvements shall include standard curb, gutter and sidewalk along entire
property frontage. The curb, gutter, and sidewalk shall extend 200 feet to the north
to provide an adequate transition to the widened northerly road width. The existing
curb, gutter, and sidewalk shall be removed and the parkway shall be covered with a
non - erosive landscape covering such as gravel or mulch.
7. The applicant shall install a G -26 commercial driveway apron at the project entrance
as well as at the northerly property's entrance. The distance between driveway curb
cuts shall be maximized.
8. The applicant shall provide a half -width plus 10 -foot transition AC pavement overlay
along the property frontage of Balour Drive.
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9. The outlet from the proposed bioretention basin shall be designed to disperse the
runoff across the entire length of the bioretention basin to mimic the natural drainage
condition and avoid the concentration of cross lot drainage.
10. The owner shall record a covenant on the subject property Holding the City Harmless
for the existing and proposed cross lot drainage situation.
11. This project shall be considered a Priority Development Project for purposes of
stormwater quality treatment and shall be subject to the provisions of the
Hydromodification Management Plan and NPDES MS4 Permit R9- 2013 -0001. The
applicant shall provide numerically sized permanent post construction treatment
BMP facilities to collect and treat all runoff generated by all new and /or removed and
replaced impervious surfaces including roofs, driveways, private road, hardscape,
etc. A Homeowners Association shall be formed to maintain the facilities in
perpetuity. A Stormwater Treatment Facility Maintenance Agreement shall be
recorded against the property to ensure the perpetual maintenance. The final sizing
and design of the treatment facilities shall be approved during Grading Plan
processing but shall include a minimum 15% contingency for construction defect or
future homeowner installed hardscape. Adequate vehicular maintenance access to
the proposed bioretention basin shall be provided.
12. The applicant shall provide an expandable area drain system on each lot to collect
the runoff created and drain it to the gutter in the street through a curb core that
ultimately drains to the bioretention treatment basin.
13. The applicant shall be responsible for obtaining coverage under the California State
General Construction Permit. Prior to issuance of a grading permit, a Stormwater
Pollution Prevention Plan shall be approved by the State and a WDID shall be
obtained.
14. The developer shall underground all overhead public utility lines, including electric,
cable, telephone, fiber optic, and any other similar wire, and remove all existing utility
poles and appurtenances along the Balour property frontage, as well as any utility
lines running through the site, side lines or in an adjacent easement. Undergrounding
shall begin at the existing pole at the northeast corner of the subdivision and shall
terminate at the next pole to the south.
15. The proposed Public Sanitary Sewer system shall be built to public standard to be
accepted by the City. All new or altered sewer manholes shall be per SDRSD SM -02
and shall be epoxy lined and spark tested.
16. The applicant shall obtain a Grading Permit for all onsite improvements and a Public
Improvement Plan for all work on Balour Drive, the public sewer main extension, and
the public water main extension.
17. The Homeowner's Association shall be responsible for the maintenance of the
proposed bioretention basin, the proposed private road and appurtenances, the
proposed private parking areas, and the proposed private landscaping and irrigation
within the public right -of -way.
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SCC The following conditions shall be completed and /or fulfilled to the satisfaction of the San
Dieguito Water District (SDWD):
The subject property is currently being served by a 1.5 -inch and % -inch water
meters. Upon development, each parcel shall be individually metered. The
owner may downsize the existing meters and apply capacity credit fees toward
the new meters capacities. All meters that will receive capacity credit must be
paid for and installed at one time. Prior to map recordation, the owner shall
provide SDWD with written statement indicating which lots will receive capacity
credits.
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 will need to
account for future development for the area. The water system shall be looped
from Balour Drive to Avendia De San Clemente for water quality and system
reliability purposes.
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. The developer shall enter into a secured agreement with SDWD prior to map
recordation.
5. The developer shall dedicate to SDWD all necessary easements for that portion
of the water system which is to be public water. The minimum easement width
shall be 15 feet, additional width shall be required if more than one utility is
proposed for the easement. The whole width of private streets shall be
dedicated to SDWD.
6. All water meters shall be located in front of the parcel they are serving and
outside of any existing or proposed travel way. Cost of relocation shall be the
responsibility of the developer. A minimum additional 5 feet from outside of edge
of pavement or behind curb shall be required for SDWD facilities on the proposed
private streets. Appurtenances shall not be placed in roadside ditches.
7. The developer shall show all existing and proposed water facilities on
improvement or grading plans for SDWD Approval.
8. District Ordinance No. 94 -01 states that the use of potable water on landscaping
areas may be deemed an unreasonable use where reclaimed water, where
feasible, when it becomes available. The owner shall install landscaping
irrigation to reclaimed water standards in those areas that are common space
and commonly maintained and connect to the reclaimed water system.
Reclaimed water shall be used for grading operations where feasible.
G1 STANDARD CONDITIONS:
G3 This project is located within the Coastal Appeal Zone and may be appealed to the
California Coastal Commission pursuant to Coastal Act Section 30603 and Chapter
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30.04 of the City of Encinitas Municipal Code. An appeal of the Planning Commission's
decision must be filed with the Coastal Commission within 10 working days following the
Coastal Commission's receipt of the Notice of Final Action. Applicants will be notified by
the Coastal Commission as to the date the Commission's appeal period will conclude.
Appeals must be in writing to the Coastal Commission, San Diego Coast District office.
G4 Prior to grading /building permit issuance the owner shall cause a covenant regarding
real property to be recorded. Said covenant shall set forth the terms and conditions of this
grant of approval and shall be of a form and content satisfactory to the Planning and
Building Director. The Owner(s) agree, in acceptance of the conditions of this approval, to
waive any claims of liability against the City and agrees to indemnify, hold harmless and
defend the City and City's employees relative to the action to approve the project.
G5 Approval of this request shall not waive compliance with any sections of the Municipal
Code and all other applicable City regulations in effect at the time of Building Permit
issuance unless specifically waived herein.
G7 Prior to issuing a final inspection on framing, the applicant shall provide a survey from a
licensed surveyor or a registered civil engineer verifying that the building height is in
compliance with the approved plans. The height certification /survey shall be supplemented
with a reduced (8'/2 -inch x 11 -inch) copy of the site plan and elevations depicting the exact
point(s) of certification. The engineer /surveyor shall contact the Planning and Building
Department to identify and finalize the exact point(s) to be certified prior to conducting the
survey.
G8 A Mitigation Monitoring and Reporting Program (MMRP) as set forth in the Mitigated
Negative Declaration herein referenced, shall be established and funded by the developer
or property owner. The amount of funds necessary to implement the MMRP will be
determined by the Planning and Building and Engineering Services Departments prior to
issuance of any permits for the project.
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.
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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.
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.
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.
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.
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 including the required signature block of the State
licensed landscape designer must be submitted as part of the building permit application for
the project.
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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.
L4(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.
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.
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.
TENTATIVE MAPS
M2 All project grading shall conform with the approved Tentative Map or Tentative Parcel Map.
In cases where no grading is proposed at the time of the Tentative Map/Tentative Parcel
Map, or in cases where the grading plan later submitted is not consistent with the approved
Tentative Map/Tentative Parcel Map, the applicant shall be required to obtain a design
review permit for grading prior to issuance of grading permits.
M6 Street names shall be approved by the City prior to the recordation of the final map, and
street addresses shall be provided by the Planning and Building Department prior to the
issuance of building permits.
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MODEL HOMES
MH1 Model homes in a number not to exceed that necessary to provide an example of each
dwelling type being offered may be allowed in accordance with 30.46.100 of the Municipal
Code. That Section provides that building permits may not be issued for model homes until
a final map has been recorded, or, in the alternative, that a final map has been submitted
which the Engineering Services Director has determined to be in conformance with the
approved tentative map and technically correct. In addition, that Section provides that prior
to issuance of building permits for model homes, the applicant shall provide a site plan to
the satisfaction of the Planning and Building Department, indicating, among other things,
the location of the model homes and their relation to off - street parking, vehicular and
pedestrian access, and existing and all known future development in surrounding areas.
MI-12 Model homes shall include at least one model designated as a "Water Efficient Landscape
Model' in accordance with Section 23.26.110 of the Municipal Code, featuring elements
such as hydrozones, irrigation equipment, and other elements which contribute to overall
water efficiency pursuant to Chapter 23.26 of the Municipal Code.
MI-13 All sales maps that are distributed or made available to the public shall include but shall not
be limited to trails, future and existing schools, parks, streets, and all other adjacent and all
known future development.
MI-14 The developer shall provide a noise display board in the sales office to the satisfaction of
the Planning and Building Director. The display shall include the site plan and applicable
noise impact contours.
MI-15 Any use of a trailer coach as a temporary business /sales office shall comply with the
provisions of Chapter 30.46 of the Municipal Code and shall be removed upon completion
of the sales program.
CONTACT THE ENCINITAS BUILDING DIVISION REGARDING COMPLIANCE WITH THE
FOLLOWING CONDITION(S):
B2R The applicant shall submit a complete set of construction plans to the Building Division for
plancheck processing. The submittal shall include a Soils /Geotechnical Report, structural
calculations, and State Energy compliance documentation (Title 24). Construction plans
shall include a site plan, a foundation plan, floor and roof framing plans, floor plan(s),
section details, exterior elevations, and materials specifications. Submitted plans must
show compliance with the latest adopted editions of the California Building Code (The
Uniform Building Code with California Amendments, the California Mechanical, Electrical
and Plumbing Codes). These comments are preliminary only. A comprehensive
plancheck will be completed prior to permit issuance and additional technical code
requirements may be identified and changes to the originally submitted plans may be
required.
F1 FIRE CONDITION(S):
CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE WITH THE
FOLLOWING CONDITION(S):
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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.
F4 DEAD ENDS: All dead -end fire access roads in excess of 150 feet in length shall be
provided with an approved area for turning around fire 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.
F5 GRADE: The gradient for a fire apparatus access roadway shall not exceed 20.0 %.
Grades exceeding 15.0% (incline or decline) shall not be permitted without mitigation.
Minimal mitigation shall be a surface of Portland cement concrete, with a deep broom
finish perpendicular to the entire direction of travel. Additional mitigation measures may
be required where deemed appropriate. The angle of departure and angle of approach
of a fire access roadway shall not exceed seven degrees (12 percent).
F6 GATES: All gates or other structures or devices, which could obstruct fire access
roadways or otherwise hinder emergency operations, are prohibited unless they meet
standards approved by the Fire Department. An approved emergency key- operated
switch and /or an approved emergency traffic control- activating strobe light sensor shall
be installed per Encinitas Fire Department standards.
F7 RESPONSE MAPS: Any new development, which necessitates updating of emergency
response maps by virtue of new structures, hydrants, roadways or similar features, shall
be required to provide map updates in one of the following formats (AutoCad DWG,
DXF, ESRI shapefile, ESRI personal geodatabase, or XML format) and shall be charged
a reasonable fee for updating all response maps.
F8 CONSTRUCTION MATERIALS: Prior to delivery of combustible building construction
materials to the project site all of the following conditions shall be completed to the
satisfaction of the Fire Department:
1. All wet and dry utilities shall be installed and approved by the appropriate
inspecting department or agency;
2. As a minimum the first lift of asphalt paving shall be in place to provide a
permanent all weather surface for emergency vehicles; and
3. Water supply for fire protection (fire hydrants and standpipes) shall be
installed, in service and accepted by the Fire Department and applicable
water district.
F9 POSTING OR STRIPING ROADWAYS "NO PARKING FIRE LANE ": Fire Department
access roadways, when required, shall be properly identified as per Encinitas Fire
Department standards. The means by which fire lanes are designated shall be
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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'h -inch NST outlets. Residential fire
hydrants shall have one (1) 4-inch NST outlet, and one (1) 2'h -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-inch high with a Y2 inch stroke
width for residential buildings, 8-inch high with a Y2-inch stroke for commercial and multi-
family residential buildings, 12-inch high with a 1-inch stroke for industrial buildings.
Additional numbers shall be required where deemed necessary by the Fire Marshal,
such as rear access doors, building corners, and entrances to commercial centers.
F14 ADDRESS NUMBERS FOR STRUCTURES LOCATED OFF ROADWAY: Where
structures are located off a roadway on long easements/driveways, a monument marker
shall be placed at the entrance where the easement/driveway intersects the main
roadway. Permanent address numbers with height conforming to Fire Department
standards shall be affixed to this marker.
F15A AUTOMATIC FIRE SPRINKLER SYSTEM-ONE AND TWO FAMILY DWELLINGS:
Structures shall be protected by an automatic fire sprinkler system designed and
installed to the satisfaction of the Fire Department. Plans for the automatic fire sprinkler
system shall be approved by the Fire Department prior to installation.
F18 CLASS "A" ROOF: All structures shall be provided with a Class "A" Roof covering to
the satisfaction of the Encinitas Fire Department.
El ENGINEERING CONDITIONS:
CONTACT THE ENGINEERING SERVICES DEPARTMENT REGARDING COMPLIANCE WITH
THE FOLLOWING 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
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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.
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ED5M The owner shall pay the current local drainage area fee prior to approval of the final map 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.
ED6M The owner of the subject property shall execute a hold harmless covenant regarding
drainage across the adjacent property prior to approval of the final map for this project.
ED8 The drainage system shall be designed to ensure that runoff resulting from a 100 -year
frequency storm under developed conditions is equal to or less than the runoff from a storm
of the same frequency and duration under existing conditions. Both 6 hour and 24 hour
storm durations shall be analyzed to determine the detention basin capacities necessary to
accomplish the desired results.
ES1 Street Conditions
ES3M The developer shall make an offer of dedication to the City for all public streets and
easements required by these conditions or shown on the Tentative Map. The offer shall be
made by a certificate on the Final Map 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.
ES4 Reciprocal access and /or maintenance agreements shall be provided ensuring access to
all parcels over private roads, drives or parking areas and maintenance thereof to the
satisfaction of the Engineering Services Director.
ES5 Prior to any work being performed in the public right -of -way, a right -of -way construction
permit shall be obtained from the Engineering Services Director and appropriate fees paid,
in addition to any other permits required.
ES8 The design of all private driveways and drainage systems shall be approved by the
Engineering Services Director prior to issuance of any grading or building permit for this
project. The structural section of all private streets shall conform to City of Encinitas
Standards based on R -value tests. The standard improvement plan check deposit is
required.
EU1 Utilities Conditions
EU2M The developer shall comply with all the rules, regulations and design requirements of the
respective utility agencies regarding services to the project.
EU3M The developer 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.
EU4A The existing overhead utilities service to the property shall be undergrounded.
EU5 The owner shall be responsible for the relocation and undergrounding of existing public
utilities, as required.
me
EU7 The design of the division of land shall provide each cable operator an opportunity to
construct, install and maintain, on land identified on the map as dedicated to public utility
use, any equipment necessary to extend cable television services to each residential parcel
in the subdivision. This condition shall not apply to the conversion of existing dwelling units
to condominiums, community apartments, or stock cooperatives.
ESW1 Storm Water Pollution Control Conditions
ESW2 Grading projects with a disturbed area of greater than 1 acre must also meet additional
requirements from the State Water Resources Control Board (SWRCB). Those
additional requirements include filing a Notice of Intent (NOI) and preparing a
Stormwater Pollution Prevention Plan (SWPPP) for review and approval by the City.
ESW5 The project must meet storm water quality and pollution control requirements. The
applicant shall design and construct landscape and /or turf areas and ensure that all
flows from impervious surfaces are directed across these areas prior to discharging onto
the street. A Grading Plan identifying all landscape areas designed for storm water
pollution control (SWPC) and Best Management Practice shall be submitted to the City
for Engineering Services Department approval. A note shall be placed on the plans
indicating that the modification or removal of the SWPC facilities without a permit from
the City is prohibited.
ESW6 Storm Water Pollution Control (SWPC) facilities shall be designed and approved by the
City Engineer, and secured with a performance bond prior to the issuance of a grading
permit for this project.
ESW9 For storm water pollution control purposes, all runoff from all roof drains shall discharge
onto grass and landscape areas prior to collection and discharge onto the street and /or
into the public storm drain system. Grass and landscape areas designated for storm
water pollution control shall not be modified without a permit from the City. A note to this
effect shall be placed on the Grading plan.
EMI Map Conditions
EM3 This project is approved specifically as 1 (single) phase
EM5 Public /private improvement plans and grading plans shall be approved and adequate
surety shall be posted prior to a public hearing for approval of the final map.
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