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2017-33 (EG)RESOLUTION NO. PC 2017 -33 A RESOLUTION OF THE CITY OF ENCINITAS PLANNING COMMISSION APPROVING A TENTATIVE PARCEL MAP, DESIGN REVIEW PERMIT AND COASTAL DEVELOPMENT PERMIT TO ALLOW FOR THE DEMOLITION OF PORTIONS OF AN EXISTING SINGLE -STORY DUPLEX TO ALLOW FOR THE CONSTRUCTION OF A NEW BASEMENT GARAGE AND AN ADDITION TO CREATE A NEW TWO -STORY DUPLEX, WITH THE CONVERSION OF THE DUPLEX TO CONDOMINIUMS VIA TENTATIVE PARCEL MAP AND CONSOLIDATING THE UNDERLYING LOTS FOR THE PROPERTY LOCATED AT 2549 AND 2551 MONTGOMERY AVENUE. (CASE NO. 16 -164 TPMIDRICDP; APN: 261 - 145 -16) WHEREAS, Amanda Goodman, submitted an application for the demolition of portions of an existing duplex to allow for the construction of additional floor area to the first and second story of the structure with the conversion of the duplex to condominiums via a tentative parcel map and consolidating the underlying lots, along with associated improvements and a temporary construction trailer located at 2459 and 2551 Montgomery Avenue, legally described in Exhibit A; WHEREAS, the Planning Commission conducted a duly noticed public hearing on August 17, 2017; NOW, THEREFORE, BE IT RESOLVED that the Encinitas Planning Commission hereby APPROVES Case No. 16 -164 TPMIDRICDP based on the following Environmental Determination and Findings: Section 1. California Environmental Quality Act Determination The project has been determined to be exempt from environmental review pursuant to California Environmental Quality Act (CEQA) Guidelines Sections 15303(b) and 15332. Section 15303(b) exempts the construction of multi - family residential structure with no more than four units. The proposed project meets this criterion. Section 15332 exempts in -fill development. None of the exceptions in Section 15300.2 of the CEQA Guidelines exists. Section 2. Discretionary Action(s) Findings Based on findings for a Tentative Parcel Map per Section 66474 of the California Government Code and the aforementioned analysis, the Planning Commission has made the following findings to support the approval, with conditions: 1. That the proposed map is not The proposed 2 -unit condominium subdivision is consistent with applicable general consistent with the General Plan. The project and specific plans as specified in complies with the minimum width, depth and area Section 65451 of the Subdivision applicable to the underlying R -11 zone. The project Map Act. complies with all R -11 development standards. 2. That the design or improvement of As conditioned, the project design and the proposed subdivision is not improvements are consistent with the General Plan. consistent with applicable general and specific plans. 3. That the site is not physically suitable The project site is physically suitable for the for the proposed type of proposed type of development. The project development. proposes to create two condominium units on one legal lot. The proposed grading and project design are consistent with the existing topography of the site. The proposed subdivision is consistent with the R -11 development standards. Additionally, all necessary public facilities and services are in place, or can be extended, to serve the project. 4. That the site is not physically suitable The applicant proposes to create two condominium for the proposed density of units on one existing lot. The lot allows for a development. maximum density of two dwelling units. The subdivision of the subject property would create two legal airspace units consistent with the allowable density for the R -11 zone. 5. That the design of the subdivision or The proposed condominium subdivision is located in the proposed improvements are likely an urbanized area and is surrounded by to cause substantial environmental substantially developed properties. The project damage or substantially or avoidably would not cause substantial environmental damage injure fish or wildlife or their habitat. or substantially or avoidably injure fish or wildlife or their habitat. The project has been determined to be exempt from further environmental review pursuant to CEQA Guidelines Sections 15303(b) and 15332. 6. That the design of the subdivision or All necessary public facilities and services are in the type of improvements is likely to place, or can be extended, to serve the project. The cause serious public health applicant has submitted letters of facility availability problems. from fire, sewer, water and school service providers indicating that existing facilities are available to service the proposed project. The design of the subdivision would not result in serious public health problems. The project is exempt from environmental review pursuant to CEQA Guidelines Sections 15303(b) and 15332. 7. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the authorized 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. All easements of record identified in the preliminary title report for the subject property are shown on the proposed tentative parcel map. No conflicts with easements of record have been identified. Based on findings for a Design Review Permit per Encinitas Municipal Code Section 23.08.080 (Design Review), and the aforementioned analysis, the Planning Commission has made the following findings to support the approval, with conditions: Findings for a Design Review Permit Explanation of Finding a. The project design is inconsistent with the The project design is consistent with the General Plan, a Specific Plan or the General Plan and Municipal Code. provisions of this Code. b. The project design is substantially The design of the two units is consistent with the inconsistent with the Design Review Design Guidelines. Guidelines. c. The project would adversely affect the No evidence has been submitted that would health, safety, or general welfare of the suggest that the proposed project would community. adversely affect the surrounding neighborhood or community. All services are available and provided as required under this permit to serve the subject property. The project is exempt from the requirements of CEQA, and it will not have any adverse impact to the environment. d. The project would tend to cause the The design of the proposed project is surrounding neighborhood to depreciate compatible with the surrounding materially in appearance or value. neighborhood, which are primarily duplex and single - family residential units. The physical improvements include materials consistent with those used elsewhere in the surrounding neighborhood. No evidence has been Findings for a Design Review Permit Exglanation of f=inding_ identified or received that would suggest that the proposed project would cause the surrounding neighborhood to depreciate materially in appearance or value. Based on the findings for a Coastal Development Permit as per Encinitas Municipal Code Section 30.80.090 (Coastal Development Permit), and the aforementioned analysis, the Planning Commission has made the following findings to support the approval, with conditions: dims for Coastal _Development Permit The project is consistent with the certified Local Coastal Program of the City of Encinitas. 2. The proposed development conforms with Public Resources Code Section 21000 and following (CEQA) in that there are no feasible mitigation measures or feasible alternatives available which would substantially lessen any significant adverse impact that the activity may have on the environment. 3. For projects involving development between the sea or other body of water and the nearest public road, approval shall include a specific finding that such development is in conformity with the public access and public recreation policies of Section 30200_ et. seq. of the Coastal Act. The project site is located in the Cardiff- by -the- Sea Community area in the Residential 11 (R- 11) Zone and within the Coastal Zone. The proposed project includes the demolition of portions of an existing duplex in order to construct a larger duplex with second story in a condominium form of ownership, with allowance for a temporary construction trailer on -site. The project complies with all applicable requirements and policies of the General Plan and Municipal Code and is therefore consistent with the Local Coastal Program for the City of Encinitas. The site is surrounded by previously developed properties. There are no environmental issues associated with the project. The project will not have a harmful effect on environmental quality or natural resources. It has been determined that the proposed project is exempt from environmental review pursuant to California Environmental Quality Act (CEQA) Guidelines, Sections 15303(b) and 15332, of the California Environmental Quality Act (CEQA) Guidelines. The project meets the criteria for the exemption and no adverse environmental impacts associated with the project will occur. This finding is not applicable because the property is not located between the sea and the nearest public road. 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 adopted by the Planning Commission, Case No. 16 -164 TPM/DR/CDP is hereby approved subject to the conditions in Exhibit B. PASSED AND ADOPTED this 17th day of August, 2017, by the following vote, to wit: AYES: Apuzzo, Doyle, Drakos, Ehlers, O'Grady NOES: None ABSTAIN: None ABSENT: None 0 Michael be-nn O'Grady, Ch Secretary action is subject to Chapter 1.04 of the Municipal Code, which specifies time limits for legal challenges. EXHIBIT "A" Resolution No. PC 2017 -33 Case No. 16 -164 TPMIDRICDP LEGAL DESCRIPTION LOTS 35, 36 and 37, BLOCK 1, CARDIFF, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1298, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY NOVEMBER 14, 1910. TOGETHER WITH ALL THAT PORTION OF THE ALLEY IN SAID BLOCK 1 ADJOINING SAID LOTS, AS VACATED AND CLOSED TO PUBLIC USE BY RESOLUTION OF THE BOARD OF SUPERVISORS OF SAN DIEGO COUNTY, RECORDED MARCH 3, 1964 AS FILE NO. 40081 OF OFFICIAL RECORDS. EXHIBIT "B" Resolution No. PC 2017 -33 Case No. 16 -164 TPM/DR/CDP Applicant: Amanda Goodman Location: 2549 and 2551 Montgomery Avenue (APN: 261- 145 -16) SC1 SPECIFIC CONDITIONS: SC4 Approval of the Tentative Parcel Map and all associated permits will expire on August 17, 2019, at 5:00 pm, two 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 and project drawings stamped received by the City on July 27, 2017, consisting of 16 sheets including Project Information (Sheet A -001), Axonometric (Sheet A -002), Lot Slope (Sheet A -003), Site Plans (Sheet A -004), Site Plan with Context (Sheet A -005), Landscape Plan (Sheet A -006), Floor Plans (Sheets A -101, A -102, A -103), Roof Plans (Sheets A -104 and A -105), RCP Plans (Sheet A -106), and Elevations (Sheet A -201 through A -204), and Tentative Parcel Map for Condominium Purposes/grading plan stamped received July 12, 2016, all designated as approved by the Planning Commission on August 17, 2017, and shall not be altered without express authorization by the Planning & Building Department. SCA The following conditions shall be completed and/or fulfilled to the satisfaction of the San Dieguito Water District (SDWD): 1. The subject property is currently being served by one 5/8 -inch water meter. If the Fire Department requires fire sprinklers for the new development, the developer /applicant shall upgrade the meter and service at their expense. The District shall 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 shall show all existing and proposed water facilities on improvement or grading plans for the approval of the San Dieguito Water District. SCB The following conditions shall be completed and/or fulfilled to the satisfaction of the Engineering Services Division: 1. Prior to obtaining building occupancy the applicant shall be responsible for the construction of public improvements along the property frontage to Montgomery Avenue. The existing pavement parking area shall be sawcut and removed. Street improvements shall include 4' wide (min.) permeable pavers parking area along entire property frontage. The pavers shall be surrounded on all sides by a 6" wide by 16" deep PCC flush curb and parallel the right -of -way. The rear curb shall be raised 6 ". The permeable pavers shall be flat as the street is located at a highpoint. A cross section shall be provided on the grading plan. 2. Structural retaining walls not associated with the building are proposed. All walls shall be included with the grading plan submittal as part of the grading plan, however it will need to be reviewed by the City's third party reviewer. Additional plan check fees will be required. 3. All service lines to the subject buildings shall be constructed underground. 4. The existing survey monuments shall be referenced on the grading plan and shall be protected in- place. If any monument is disturbed or destroyed it shall be replaced by a licensed land surveyor and a Corner Record shall be filed with the County prior to release of securities. 5. Should separate sewer laterals not be feasible for the units a Private Joint Sewer Agreement shall be required prior to approval of the grading plan. 6. The slope of the proposed custom pervious paver is too steep. Recommendations from a geotechnical engineer shall be provided with the grading plan submittal. The section must be constructed of pervious materials or additional stormwater treatment shall be required. SCB The following conditions shall be completed and/or fulfilled to the satisfaction of the Planning & Building Department: 1. The temporary construction trailer shall be removed prior to final occupancy of the remodel. 2. Except as identified on the project plans and specifically approved herein, all walls and fences shall comply with the standard Municipal Code fence and wall height limitations. G1 STANDARD CONDITIONS: CONTACT THE PLANNING AND BUILDING DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS): 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. G4 Prior to grading permit issuance, the owner shall cause a covenant regarding real property to be recorded. Said covenant shall set forth the terms and conditions of this grant of approval and shall be of a form and content satisfactory to the Planning and Building Director. The Owner(s) agree, in acceptance of the conditions of this approval, to waive any claims of liability against the City and agrees to indemnify, hold harmless and defend the City and City's employees relative to the action to approve the project. G5 Approval of this request shall not waive compliance with any sections of the Municipal Code and all other applicable City regulations in effect at the time of Building Permit issuance unless specifically waived herein. G7 Prior to issuing a final inspection on framing, the applicant shall provide a survey from a licensed surveyor or a registered civil engineer verifying that the building height is in compliance with the approved plans. The height certification/survey shall be supplemented with a reduced (8 1/z- 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 surrey. 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 & Building Department. Note: All rooftop equipment shall be assumed visible unless demonstrated otherwise to the satisfaction of the Planning & 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 & Building Department. All exterior accessory structures shall be designed to be compatible with the primary building's exterior to the satisfaction of the Planning & 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 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. 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 a new dwelling units shall include installation of wiring for current or conduits for future installation of photovoltaic energy generation system(s) and an electric vehicle charging station. G23 Any wall, fence or combination thereof exceeding 6 ft. in height and facing any neighboring property or visible from the public right -of -way shall be subject to design review pursuant to Section 23.08.040.A.1 of the Encinitas Municipal Code. Where a minimum 2 ft. horizontal offset is provided, within which screening vegetation is provided to the satisfaction of the Planning and Building Department, the fence /wall may not be considered one continuous structure for purpose of measuring height and may be exempted from design review provided none of the offset fences or walls exceed 6 ft. in height pursuant to Section 23.08.030.8.1. 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. 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). 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 & 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. DR3 All project grading shall conform with the approved plans. If no grading is proposed on the approved plans, or subsequent grading plans are inconsistent with the grading shown on the approved plans, a design review permit for such grading shall be obtained from the authorized agency of the City prior to issuance of grading or building permits F1 FIRE CONDITIONS: CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: F10 OBSTRUCTION OF ROADWAYS DURING CONSTRUCTION: All roadways shall be a minimum of 24 feet in width during construction and maintained free and clear, including the parking of vehicles, in accordance with the California Fire Code and the Encinitas Fire Department. F13 ADDRESS NUMBERS: STREET NUMBERS: Approved numbers and/or addresses shall be placed on all new and existing buildings and at appropriate additional locations as to be plainly visible and legible from the street or roadway fronting the property from either direction of approach. Said numbers shall contrast with their background, and shall meet the following minimum standards as to size: 4 inches high with a 1 /x- inch stroke width for residential buildings, 8 inches high with a'h -inch stroke for commercial and multi - family residential buildings, 12 inches high with a 1 -inch stroke for industrial buildings. Additional numbers shall be required where deemed necessary by the Fire Marshal, such as rear access doors, building corners, and entrances to commercial centers. F18 CLASS "A" ROOF: All structures shall be provided with a Class "A" Roof covering to the satisfaction of the Encinitas Fire Department. B1 BUILDING CONDITION: CONTACT THE ENCINITAS BUILDING DIVISION REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION: B2R The applicant shall submit a complete set of construction plans to the Building Division for plancheck processing. The submittal shall include a Soils/Geotechnical Report, structural calculations, and State Energy compliance documentation (Title 24). Construction plans shall include a site plan, a foundation plan, floor and roof framing plans, floor plan(s), section details, exterior elevations, and materials specifications. Submitted plans must show compliance with the latest adopted editions of the California Building Code (The Uniform Building Code with California Amendments, the California Mechanical, Electrical and Plumbing Codes). These comments are preliminary only. A comprehensive plancheck will be completed prior to permit issuance and additional technical code requirements may be identified and changes to the originally submitted plans may be required. E1 ENGINEERING CONDITIONS: CONTACT THE ENGINEERING SERVICES DIVISION REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: E2 All City Codes, regulations, and policies in effect at the time of building/grading permit issuance shall apply. E3 All drawings submitted for Engineering permits are required to reference the NAVD 88 datum; the NGVD 29 datum will not be accepted. EG1 Grading Conditions EG3 The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. EG4 The grading for this project is defined in Chapter 23.24 of the Encinitas Municipal Code. Grading shall be performed under the observation of a civil engineer whose responsibility it shall be to coordinate site inspection and testing to ensure compliance of the work with the approved grading plan, submit required reports to the Engineering Services Director and verify compliance with Chapter 23.24 of the Encinitas Municipal Code. EG5 No grading shall occur outside the limits of the project unless a letter of permission is obtained from the owners of the affected properties. EG6 Separate grading plans shall be submitted and approved and separate grading permits issued for borrow or disposal sites if located within the city limits. EG7 All newly created slopes within this project shall be no steeper than 2:1. EG8 A soils/geological/hydraulic report (as applicable) shall be prepared by a qualified engineer licensed by the State of California to perform such work. The report shall be submitted with the first grading plan submittal and shall be approved prior to issuance of any grading permit for the project. EG9 Prior to hauling dirt or construction materials to any proposed construction site within this project the developer shall submit to and receive approval from the Engineering Services Director for the proposed haul route. The developer shall comply with all conditions and requirements the Engineering Services Director may impose with regards to the hauling operation. EG10 In accordance with Section 23.24.370 (A) of the Municipal Code, no grading permit shall be issued for work occurring between October 1st of any year and April 15th of the following year, unless the plans for such work include details of protective measures, including desilting basins or other temporary drainage or control measures, or both, as may be deemed necessary by the field inspector to protect the adjoining public and private property from damage by erosion, flooding, or the deposition of mud or debris which may originate from the site or result from such grading operations. EG13 Owner shall provide a precise grading plan prior to approval of building permit. Grading plan shall provide design for drainage improvements, erosion control, storm water pollution control, and on -site pavement. ED1 Drainage Conditions ED2A An erosion control system shall be designed and installed onsite during all construction activity. The system shall prevent discharge of sediment and all other pollutants onto adjacent streets and into the storm drain system. The City of Encinitas Best Management Practice Manual shall be employed to determine appropriate storm water pollution control practices during construction. ED3 A drainage system capable of handling and disposing of all surface water originating within the project site, and all surface waters that may flow onto the project site from adjacent lands, shall be required. Said drainage system shall include any easements and structures required by the Engineering Services Director to properly handle the drainage. 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. ED7 Concentrated flows across driveways and/or sidewalks shall not be permitted. ES1 Street Conditions ES5 Prior to any work being performed in the public right -of -way, a right -of -way construction permit shall be obtained from the Engineering Services Director and appropriate fees paid, in addition to any other permits required. ES1 Q Improvements constructed within the present or future public right -of -way shall be considered temporary. The owner shall enter into an encroachment removal covenant agreeing to remove those improvements at the direction of the City. EU1 Utilities Conditions 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. ESW1 Storm Water Pollution Control Conditions ESW3 Best Management Practice shall be utilized for storm water pollution control to the satisfaction of the City Engineer. The surface run off shall be directed over grass and landscaped areas prior to collection and discharge onto the street and/or into the public storm drain system. If pipes are used for area drainage, inlets shall be located to allow maximum flow distance over grass and non- erodable landscape areas. A grass lined ditch, reinforced with erosion control blanket, or a rip -rap lined drainage ditch shall be used instead of a concrete ditch where feasible. Hardscaped areas and driveways shall be sloped toward grassy and landscaped areas. Driveways with a grass or gravel lined swale in the middle can be used if the site topography does not allow for the discharge of driveway runoff over landscaped areas. The Grading Plan shall identify all landscape areas designed for storm water pollution control (SWPC). A note shall be placed on the plans indicating that the BMPs are to be privately maintained and the facilities not modified or removed without a permit from the City. ESW5 The project must meet storm water quality and pollution control requirements. The applicant shall design and construct landscape and/or turf areas and ensure that all flows from impervious surfaces are directed across these areas prior to discharging onto the street. A Grading Plan identifying all landscape areas designed for storm water pollution control (SWPC) and Best Management Practice shall be submitted to the City for Engineering Services Department approval. A note shall be placed on the plans indicating that the modification or removal of the SWPC facilities without a permit from the City is prohibited. ESW6 Storm Water Pollution Control (SWPC) facilities shall be designed and approved by the City Engineer, and secured with a performance bond prior to the issuance of a grading permit for this project. ESW9 For storm water pollution control purposes, all runoff from all roof drains shall discharge onto grass and landscape areas prior to collection and discharge onto the street and /or into the public storm drain system. Grass and landscape areas designated for storm water pollution control shall not be modified without a permit from the City. A note to this effect shall be placed on the Grading plan. EM1 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.