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Project Number: 15-304 CDP
PBD Number: 2016-07
Location: 1164 Devonshire Drive
Community: old Encinitas
AP N: 258-344-19
Applicant: Antje Heinz
Representative: Tyler Van Stright
Project Planner: J. Dichoso, Associate Planner
(760) 633-2681; �dichosoCcbencinitasc goy
Decision Date: March 28, 2016
Report Approval: ®Scott Vurbeff, Environmental coordinator
SUMMARY AND KEY CONSIDERATIONS
The project is a request for a partial demolition, addition, and remodel to an existing single-
. family residence resulting in a new single-family residence. A number of legal nonconformities
remain onsite and are to be maintained per Encinitas Municipal code (EMC) Chapter 30.76!t .
(Nonconformities).
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ITEM NAME: HEINZ NSFR
PROJECT NUMBER: 15-304 CDP
MARCH 28, 2016
PROJECT DESCRIPTION
The applicant is proposing partial demolition, addition, and remodel to an existing single-family
residence resulting in a new single-family residence.
PROJECT ANALYSIS
Project Site Characteristics:
General Plan: Residential 5 (R-5)
Specific Plan. None
Zoning District: Residential 5 (R-5)
Zoning Overlay: Coastal Zone
Community Character Context: Inland Residential-Gridded
The land use designation of single-family uses zoned R-5 surround the property except to the
immediate east, which is the Scripps Memorial Hospital Encinitas, zoned Public/Semi-Public
(PISP). The community character context of the site is Inland Residential Gridded. The existing
single-family home is consistent and appropriate for the residential vicinity.
Adjacent Area
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North R-51R-5 Inland Residential-Gridded Single-family residential
South R-51R-5 ............. Inland Residential-Gridded Single-family residential
East P/Sp/ P/Sp Inland Reside ntia I-G ridded Hospital
West R-51R-5 Inland Res id entia I-G ridded Single-family residential
Apart from the adjacent hospital, a mix of single-story and two-story homes exists within the
vicinity. The proposed two-story single-family residential use is consistent with the neighborhood
use and characteristics.
General Plan Consistency
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LAND USE POLICY 1. 12: The The proposed project is a single-family home consistent
residential character of the City with the residential character of the City.
shall be substantially single-
family detached housing.
Municipal Code Analysis
Apart from the legal nonconformitles described below, the project complies with all applicable
policies of the General Plan, Local Coastal Program, applicable provisions of the Municipal
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ITEM NAME: HEINz NSFR
PROJECT NUMBER: 15-304 CDP
MARCH 28, 201 6
Code, and with all applicable development standards of the underlying R-5 zone and would be
required to comply with all applicable Building and Fire codes through the standard building
permit plan checking process.
R 5 Develo er t St r Bards Pro ect Pro osed Cow tes`....
Net Lot Area-- 81700 SF 91 43E S F 0.21 acre Yes Z No
Lot width --70 feet E6 feet (Rear Property Line) Yes [_1 No Z
EE feet Front Property Line
Lot Depth — 100 feet 150.92 (North Property Line) Yes Z No ❑]
150.40 South Pro ert Line
Front Yard Setback 25 feet for primary structure Yes ❑❑ No
25 feet for primary structure Approx. 19.5 feet for garage
Side Yard Setback (Interior)— 10 feet Approx. 9 feet for crawlspace Yes ❑ No
access (North Property Line)
10 feet South Property Line
Rear Yard Setback— 60 feet for the primary structure Yes ® No ❑
25 feet for primary structure
Lot Covera 5% See Specific Condition SCA1 Yes ® No El
Floor Area Ratio — 0.E See Specific Condition SCA1 Yes Z No [:]
Building Height— See discussion below. Yes [:1 No Z
22 feet/26 feet for primary structures
Parking — 3 cars 3 cars total = 2 within 2-car garage Yes ® No [❑
+ 1 in driveway_
A 458-SF attached garage is proposed. The proposed garage is less than 50% square feet of
the living area of the principal residence, and complies with Encinitas Municipal Code (EMC)
Section 30.48.040B. Therefore, the attached garage complies with the area requirements of the
Municipal Code.
EMC Chapter 30.54 (Off-Street Parking) requires a single-family home greater than 2,500 SF
(the home is 4,081 SF) to provide three parking spaces (with at least two enclosed parking
spaces). The project provides two enclosed parking spaces within a two-car garage and the
third parking space in the driveway in accordance with Chapter 30.54 and the off-Street Parking
Design Manual.
Legal Nonconformities
Based upon the Residential Building Record from the County Recorder's office and staff review
of the project, the subject property has the following legal nonconformities that are to be
maintained per EMC 30.7E (Nonconformities) since the subject residence was built prior to the
City's incorporation in 1985:
1. Lot width. The R-5 zone requires a lot width of 70 feet. The western and eastern
property lines (front and rear property lines) of the subject lot is E6 feet in width. The
applicant provided a Grant deed dated October 8, 1963 (prior to March 4, 1972) which
confirmed the reduced lot width in accordance with the City's policy of determination of
legal lot status and the state's Subdivision Map Act.
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TEVf NAME: HENz NSFR
PROJECT NUMBER: 15.304 CDP
MARCH 28, 2016
2. Front yard setback. A portion of the garage along the east elevation encroaches
approximately 4-foot-6 inches into the required 25-foot front yard setback per the
underlying R-5 zone along the eastern property line. This encroachment is rendered
legal nonconforming since the garage was originally built with the existing single-family
home prior to the City's incorporation in 1986.
3. Crawls ace Entr . A crawlspace entry encroaches approximately -foot-1 inch into the
required 10-foot side yard setback per the underlying R-5 zone along the northern
property line. This encroachment is rendered legal nonconforming since the existing
single-family home was built prior to the City's incorporation in 1986.
4. Building Height. A portion of the rear roof structure along the west elevation where the
top of the exterior plane of the roof above the wall below (including roofing material)
exceeds the standard height limit of 22. The associated pitched roof element meets the
maximum pitched roof height limit of 26 feet. Based on the elevations, the legal
nonconforming portion is approximately less than 23 feet.
5. Column in the Front yard setback. An approximately 6-foot tall column that connects
the two entry gates at the property entry is noted on Residential Building Record.
Because the column is shown on the RBR, the column is rendered legal nonconforming.
In accordance with Section 30.76.050 of the Municipal Code, the applicant can maintain the
existing legal nonconformities so as long as it is not enlarged, relocated or increased in
intensity.
Local Coastal Program Consistency
The project complies with the City's certified Local Coastal Program including applicable
General Plan policies and Municipal Code requirements, and all other applicable development
and design standards. No potentially significant adverse impacts to the environment would
result from the project and the project is exempt from environmental review. The project site is
an infill site that is not located between the sea and the nearest public road.
Guidelines Consistency
The residence is a custom single-family residence with a dissimilar building footprint,
orientation, elevations and architectural features from the immediate neighborhood, and is
exempt from Design Review in accordance with EMC Section 23.08.030137.
Sceniclllisual Corridor Overlay Zone
The project is located within the Scenic/Visual Corridor overlay (S/VCO) zone. Section
30.34.080 (Scenic/Visual Corridor overlay) of the Municipal Code provides that for projects
within the S/VCO zone, consideration be given to the overall visual impact of the project and
conditions or limitation pertaining thereto may be applied to the project. As described above,
the project complies with the residential height standard for single-family homes that is typical of
a number of homes in the vicinity (including the portion of the roof that is legal nonconforming).
The project will also maintain all minimum setback requirements for the R-5 zone. Therefore,
being a residential structure consistent with the underlying zone, complying with the standard
height limit, maintaning the legal nonconformity per EMC 30.76 (Nonconformities) and
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ITEM NAME: HE Nz NSFR
PROJECT NUMBER: 5-304 CDP
MARCH 28, 2016
development standards of the underlying zone, there will be no significant overall visual impact
of the project within the ScenicNiew Corridor as described.
PUBLIC NOTICE AND PARTICIPATION
Public Notice
Notice of this public hearing was mailed on February 18, 2016 to all property owners within 500
feet of the project site and to anyone who requested such notice in writing, in compliance with
Government Code Sections 65090, 65091 and 65092, as applicable. Additionally, as a
courtesy, the notice was posted at City Hall and on the Planning and Building Department's
Internet site under"Public Notices" and via e-Project Source. No comments were received.
Community Participation Program
Custom single-family homes are exempt from the Citizen Participation Plan requirements of
EMC Chapter 23.06.
ENVIRONMENTAL CONSIDERATIONS
The project has been determined to be exempt from environmental review pursuant to California
Environmental Quality Act (CEQA) Guidelines Sections 15301(e)(2). Section 15301(e)(2)
exempts additions to existing structures provided that the addition will not result in an increase
of more than 10,000 square feet if the project is in an area where all public services and
facilities are available to allow for maximum development permissible in the General Plan and
the area in which the project is located is not environmentally sensitive. The project meets the
criteria for the exemption. The project does not qualify as one of the exceptions prescribed
under Section 15300.2 of the CEQA Guidelines and no historic resources are affected by the
proposed project.
DISCUSSION
The applicant is proposing a custom single-family residence as a result of a major remodel and
addition that complements the style and character of the neighborhood. The residence
complies with all development standards including the legal nonconformity regulations.
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ITEm NAME: HEINz NSFR
PROJECT NUMBER: 15-304 CDP
MARCH 28,2016
FINDINGS
COASTAL DEVELOPMENT PERMIT
Based on Encinitas Municipal Code Section 30.80.090 (Coastal Development Permit), findings
for a Coastal Development Permit and the aforementioned analysis, staff has made the
following findings to support the approval, with conditions:
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The project is consistent with the certified The project complies with all development
Local Coastal Program of the City of Encinitas; standards of the R-5 zone related to height,
and setbacks, lot coverage, and parking. The
project is consistent with policies of the City's
certified Local Coastal Program including the
General Plan and the Municipal Code.
The proposed development conforms with No potentially significant adverse impacts to
Public Resources Code Section 21000 and the environment will result from the project and
following (CEQA) in that there are no feasible the project is exempt from environmental
mitigation measures or feasible alternatives review pursuant to Section 15301(e)(2) of the
available which would substantially lessen any California Environmental Quality Act (CEQA)
significant adverse impact that the activity may Guidelines.
have on the environment; and
For projects involving development between This finding is not applicable because the
the sea or other body of water and the nearest property is not located between the sea and
public road, approval shall include a specific the nearest public road.
finding that such development is in conformity
with the public access and public recreation
policies of Section 30200 et. seq. of the
Coastal Act.
CONCLUSION
The applicant is proposing the partial demolition of an existing residence to complete a new
addition and remodel resulting in the construction of a new single-story single-family residence.
All of the R-5 development standards would be maintained and the existing legal structural
nonconformity is to be maintained. The Planning and Building Department has determined the
Coastal Development Permit application to be consistent with all applicable policies of the
General Plan and provisions of the Municipal Code. Therefore, the project is approved based
upon the attached findings and subject to the attached conditions of approval.
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ITEM NAME: HEINZ NSFR
PROJECT NUMBER: 15-304 CDP
MARCH 28, 2016
CONDITIONS OF APPROVAL
SC1 SPECIFIC CONDITIONS:
SC2 At any time after two years from the date of this approval, on March 28, 2018, at 5:60
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.
SC6 This project is conditionally approved as set forth on the application and project drawings
stamped received by the City on January 28, 2016, consisting of 24 sheets including
Title Sheet (Sheet G-001), Codes (G-002), Topographic Plat(Sheet 3/24), Axonometrics
(A-001), Site Plans (A-002 and A-003), Area Plans (A-004), Demolition Plans (A--101
through A-103), New Floor Plans (A-104 through A-106), Electrical (A-107 and A-108),
Elevations (A-201 through A-204), Sections (A-301 through A-304), and Window/Door
Schedule (A-601) - all designated as approved by the Planning and Building Director on
March 28, 2016, and shall not be altered without express authorization by the Planning
and Building Department.
SCA The following conditions shall be completed and/or fulfilled to the satisfaction of the
Planning and Building Department:
1. Prior to building permit issuance, the applicant shall provide the correct Lot Coverage
and Floor Area Ratio calculations in accordance with the development standards of
the underlying zone.
2. The proposed pool (or similar) and associated equipment will be reviewed and
permitted by a separate permit.
3. Building plans for all new dwelling units shall include pre-plumbing for graywater
systems.
4. The existing 19 crawlspace" accessed from the northern side yard shall remain
unfinished with no floor installation and shall not be enlarged or altered in any way
without prior City approval.
SCB The following conditions shall be completed and/or fulfilled to the satisfaction of the
Engineering Services Department:
1. The existing 8-foot wide Irrevocable offer to Dedicate Right-of-`May per Document
No. 94-0136507 of o.R. shall be accepted by the City prior to issuance of a building
permit.
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ITEM NAME: HEINZ NSFR
PROJECT NUMBER: 15-304 CDP
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2. Prior to obtaining building occupancy, the applicant shall be responsible for the
construction of public improvements along the property frontage to Devonshire Drive.
Street improvements shall include 6-inch wide (minimum) permeable pavers parking
area along the property frontage measured 32 feet from the easterly curb line of the
street. The speed bump shall be protected in-place. The pavers shall be
surrounded on all sides by a 6-inch wide by 16-inch deep Portland Cement Concrete
(PCC) flush curb and parallel the right-of-way. From the sawcut line, the pavement
widening, PCC flush curb and first 2 feet of the permeable pavers shall be sloped at
2% to the flog line, and then rise at no more than 5% slope to the back of the
pervious pavers. Remaining asphalt concrete (AC) pavement behind the pavers
shall be removed and may be landscaped. A cross section shall be provided on the
site plan.
3. An encroachment maintenance and removal agreement shall be recorded prior to a
building permit to ensure the maintenance of the pavers in perpetuity. Additionally,
the existing walls and fences encroaching into the public right-of-way shall be
included with this document.
4. The applicant shall provide stormwater quality treatment facilities to collect and treat
the runoff generated by all new and/or removed and replaced impervious surfaces.
Additionally, any increase in runoff resulting from an increase in impervious surface
shall be mitigated by sizing and designing the IMP facilities to the HMP sizing
requirements with a louver flow threshold of 0.5Q2 to ensure no net increase in cross
lot drainage. The treatment facility IMPs shall be located entirely within private
property. The cross section of the IMP facility on the Site Plan shall shove 10 93 of
ponding. This facility shall be sized on the site plan for an effective area equal to
9.0% of the new or replaced impervious surface area. Calculations shall be shown
on the site plan.
5. Cross lot drainage currently exists to .the parcel to the west. A Hold Harmless for
Drainage Agreement will be required with the building permit, however no increase in
cross lot drainage will be allowed; see #4.
6. All service lines to the subject buildings shall be constructed underground.
7. The existing survey monuments, if any, shall be referenced on the site plan and shall
be protected in-place. If any monument is disturbed or destroyed, a licensed land
surveyor shall replace it and a Corner Record shall be filed with the County prior to
release of occupancy.
SCC The following San Dieguito water District conditions apply to 15-304 GDP:
1. The subject property is currently being served by a 518-inch water meter. If the
fire department requires fire sprinklers for the new development, the Developer
will upgrade the meter and service at the applicant's expense. The district will
require that water meters be located in front of the parcel they are serving and
outside of any existing or proposed travel way.
2. The developer will be required to show all existing and proposed water facilities
on improvement or grading plans for District Approval.
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ITEM NAME: HEINz NSFR
PROJECT NUMBER: 15-304 CDP
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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 1.1 2 of the Municipal code.
G5 Approval of this request shall not waive compliance with any sections of the Municipal
Code and all other applicable City regulations in effect at the time of Building Permit
issuance unless specifically waived herein.
G7 Prior to issuing a final inspection on framing, the applicant shall provide a survey from a
licensed surveyor or a registered civil engineer verifying that the building height is in
compliance with the approved plans. The height certification/survey shall be
supplemented with a r educed (8 '/2 inches x 11 inches) 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.
G10 All retaining and other freestanding malls, 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 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 building permit issuance to the satisfaction of the Planning
and Building and Engineering Services Departments. The applicant is advised to
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ITEM NAME: HEINZ NSFR
PROJECT NUMBER: 15-304 CDP
MARCH 28, 2016
contact the Planning and Building Department regarding Park Mitigation Fees, the
Engineering Services Department regarding Flood Control and Traffic Fees, applicable
School District(s) regarding School Fees, the Fire Department regarding Fire
Mitigation/Cost Recovery Fees, and the applicable utility Departments or Districts
regarding Water and/or Sewer Fees.
G19 Garages enclosing required parking spaces shall be kept available and usable for the
parking of owner/tenant vehicles at all times, 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. Applicants are highly encouraged to pre-plumb for
solar water heating.
G23 Any wall, fence or combination thereof exceeding six feet in height and facing any
neighboring property or visible from the public right-of-way shall be subject to design
review pursuant to Section 23.08.040.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.
B1 BUILDING CONDITION(S):
CONTACT THE ENCINITAS BUILDING DIVISION REGARDING COMPLIANCE WITH THE
FOLLOWING CONDITION(S):
B2R The applicant shall submit a complete set of construction plans to the Building Division
for plancheck processing. The submittal shall include a Soils/Geotechnical Report,
structural calculations, and State Energy compliance documentation (Title 24).
Construction plans shall include a site plan, a foundation plan, floor and roof framing
plans, floor plans), section details, exterior elevations, and materials specifications.
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ITEM NAME: HEINz NSFR
PROJECT NUMBER: 15-304 CDP
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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):
F5 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.
F10 OBSTRUCTION OF ROADWAYS DURING CONSTRUCTION: All roadways shall be a
minimum of 24 feet in width during construction and maintained free and clear, including
the parking of vehicles, in accordance with the California Fire Code and the Encinitas
Fire Department.
F13 ADDRESS NUMBERS: 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: four inches high with a 1/2- inch stroke width for
residential buildings, eight inches high with a 1/2-inch stroke for commercial and multi-
family residential buildings, 12 inches high with a one-inch stroke for industrial buildings.
Additional numbers shall be required where deemed necessary by the Fire Marshal,
such as rear access doors, building corners, and entrances to commercial centers.
F1 5A AUTOMATIC FIRE SPRINKLER SYSTEM-ONE AND Two FAMILY DWELLINGS:
Structures shall be protected by an automatic fire sprinkler system designed and
installed to the satisfaction of the Fire Department. 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.
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ITEM NAME: HEiNz NSFR
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E3 All drawings submitted for Engineering permits are required to reference the NAVD 88
datum; the NGVD 29 datum will not be accepted.
EG 1 Grading Conditions
EG 14 A grading permit shall be obtained for this project unless the proposed grading is exempt
under section 23.24.090 of the Municipal Code. If the proposed grading is exempt from
permit requirement, the Owner shall provide a precise site plan prior to approval of a
building permit. The building site plan shall provide design for drainage improvements,
erosion control, storm wafter pollution control, and on-site pavement.
ED1 Drainage Conditions
ED2A An erosion control system shall be designed and installed onsite during all construction
activity. The system shall prevent discharge of sediment and all other pollutants onto
adjacent streets and into the storm drain system. The City of Encinitas Best
Management Practice Manual shall be employed to determine appropriate storm water
pollution control practices during construction.
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.
ED5 The owner of the subject property shall execute a hold harmless covenant regarding
drainage across the adjacent property prior to approval of the any grading or building
permit for this project.
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.
EU 1 Utilities Conditions
EU2 The owner shall comply with all the rules, regulations, and design requirements of the
respective utility agencies regarding services to the project.
EU3 The owner shall be responsible for coordination with S.D.G. & E., AT&T, and other
applicable authorities.
EU4 All proposed utilities within the project shall be installed underground including existing
utilities unless exempt by the Municipal Code.
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PROJECT (UMBER: 15-304 CDP
MARCH 28, 2016
ESWV1 Storm Water Pollution Control Conditions
ESW3 Best Management Practice shall be utilized for storm water pollution control to the
satisfaction of the City Engineer. The surface run off shall be directed over grass and
landscaped areas prior to collection and discharge onto the street and/or into the public
storm drain system. If pipes are used for area drainage, inlets shall be located to allow
maximum flow distance over grass and non-erodabe landscape areas. A grass lined
ditch, reinforced with erosion control blanket, or a rip-rap lined drainage ditch shall be
used instead of a concrete ditch where feasible. Hardscaped areas and driveways shall
be sloped toward grassy and landscaped areas. Driveways with a grass or gravel lined
swale in the middle can be used if the site topography does not allow for the discharge
of driveway runoff over landscaped areas. The Permit Site Plan shall identify all
landscape areas designed for storm water pollution control (SWPC). A note shall be
placed on the plans indicating that the BMPs are to be privately maintained and the
facilities not modified or removed without a permit from the City.
ESW5 The project must meet storm water quality and pollution control requirements. The
applicant shall design and construct landscape and/or turf areas and ensure that all
flows from impervious surfaces are directed across these areas prior to discharging onto
the street. A Permit Site 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.
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. Crass 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 Permit Site plan.
DISCLOSURES
This notice constitutes a decision of the Planning and Building Department only for the
discretionary entitlement. Additional permits, such as Building and Grading Permits, may be
required by the Planning and Building Department or other City Departments. It is the property
owner's and applicant responsibility to obtain all necessary permits required for the type of
project proposed.
In accordance with the provisions of Municipal Code Section 1.1 2, the decision of the Planning
and Building Department may be appealed to the City Council within 15 calendar da s of the
date of this determination. The appeal must be filed, accompanied by a $250 filing fee, prior to
5:00 pm on the 15th calendar day following the date of this Notice of Decision. Any filing of an
appeal will suspend this action as well as any processing of permits in reliance thereon in
accordance with Encinitas Municipal Code Section 1.12.020(D)(1) until such time as an action is
taken on the appeal. The action of the Planning and Building Department may not be
appealed to the California Coastal Commission.
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ITEM NAME: HE Nz NsFR
PROJECT NUMBER: 5-304 CDP
MARCH 28, 2016
If you have any questions regarding this determination, please contact J. Dichoso, Associate
Planner, at (760) 633-2681 or by email at or contact the Planning
and Building Department, 505 south Vulcan Avenue, Encinitas, CA 92024 at (760) 633-2710 or
by email at ncnta�ca .
SIGNATURE
M t Ranu, AICP
Acting Director of Planning and Building
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