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2017-49RESOLUTION NO. PC 2017 -49 A RESOLUTION OF THE CITY OF ENCINITAS PLANNING COMMISSION APPROVING A DENSITY BONUS TENTATIVE MAP, DESIGN REVIEW PERMIT AND COASTAL DEVELOPMENT PERMIT TO SUBDIVIDE AN EXISTING 4.6 -ACRE SITE INTO 13 RESIDENTIAL LOTS, 1 PRIVATE STREET LOT, 1 OPEN SPACE LOT AND TWO LOTS FOR BEST MANAGEMENT PRACTICES, AND FOR THE CONSTRUCTION OF 12 MARKET RATE SINGLE- FAMILY RESIDENTIAL UNITS AND ONE AFFORDABLE UNIT, AND A TEMPORARY CONSTRUCTION TRAILER AND SALES TRAILER FOR THE SITE LOCATED AT 710 AND 714 REQUEZA STREET. (CASE NO. 16 -211 TMDB /DR/EIA/CDP; APN: 258-141-35,-38 and -39) WHEREAS, the Kimura Family Trust and Tayama Greenhouses submitted an application for a Density Bonus Tentative Map, Design Review Permit, Environmental Initial Assessment and Coastal Development Permit application to subdivide an existing 4.6 -acre site into 13 residential lots, one private street lot, one open space lot and two lots for Best Management Practices purposes, and for the development of a 12 market rate single- family residential units and one affordable unit. A temporary construction trailer and sales trailer are part of this application, for the property located at 710 and 714 Requeza Street, legally described in Exhibit "A "; and WHEREAS, the Planning Commission conducted noticed public hearing on the application on November 16, 2017, 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. 16 -211 TMDB /DR /EIA/CDP based on the following Environmental Determination and Findings: Section 1. California Environmental Quality Act Determination The City has performed an Environmental Initial Study, which has determined that with mitigation measures, no significant negative environmental impacts would result from the proposed project. Therefore, a Mitigated Negative Declaration is recommended for adoption. The Draft Mitigated Negative Declaration was noticed for public review from August 4, 2017 to August 24, 2017. The Final Mitigated Negative Declaration environmental document was subsequently prepared, which identified no significant negative environmental impacts that would result from the proposed project with the implementation of proposed mitigation measures conditioned herein as Specific Conditions of Approval SCK through SCL. Section 2. Discretionary Actions Findings Based on Encinitas Municipal Code Section 23.08.080, findings for a Design Review Permit and the aforementioned analysis, the Planning Commission has made the following findings to support the approval, with conditions: Findinas for Desi n Review Permit Explanation of Finding 1. The project design is inconsistent with The project is consistent with the provisions of the General Plan, a Specific Plan, or the the General Plan, Local Coastal Plan and provisions of the Municipal Code. provisions of the Municipal Code. 2. The project design is substantially The project is consistent with the Design inconsistent with the Design Review Review Guidelines. Guidelines. Minimal view impacts will result from the proposed project. The views would be westerly views from easterly neighbors. The applicant has worked with the neighborhood to limit the buildings on Lots 1, 2, 3 and 4 to be single - story. These units have been conditioned as part of the tentative map to remain single - story, consistent with Design Review Guideline 2.1.5 The buildings have been placed to create variety in external space and create a varied street facade consistent with Design Review Guideline 2.4.6. A Community Character analysis was conducted and it concluded that the project is consistent with the surrounding development consistent with Design Review Guideline 5.1.3. Varied materials along with differing elevations have been provided to break up the mass of the buildings. The project has four different unique styles of architecture with six different plan types. Each building is designed with a unique color scheme. The types of architecture include Classic Farmhouse, Transitional Farmhouse, American Traditional and Spanish Revival consistent with Design Review Guideline 5.4.2. 3. The project would adversely affect the The Final Mitigated Negative Declaration health, safety, or general welfare of the environmental document identified no community. significant negative environmental impacts that would result from the proposed project with the implementation of proposed mitigation measures. -2- Findings for Design Review Permit Explanation of Finding 4. The project would cause the A Community Character analysis was surrounding neighborhood to depreciate conducted by KTUA, which concluded that the materially in appearance or value. project is consistent with the surrounding development. The project will enhance the site and the surrounding neighborhood with the proposed distinctive architectural design and site amenities not found in the surrounding neighborhood. No evidence has been submitted or received to indicate that the project will cause the surrounding neighborhood to depreciate materially in appearance or value. Based on Encinitas Municipal Code Section 66474 of the California Government Code, findings for a Density Bonus Tentative Map and the aforementioned analysis, the Planning Commission has made the following findings to support the approval, with conditions: Findings for Tentative Map Explanation of Findin 1. That the proposed map is not consistent The proposed 13 -unit residential subdivision is with applicable general and specific consistent with the provisions outlined in Section plans as specified in Section 65451 of 65451 of the Subdivision Map Act. In the Subdivision Map Act. accordance with the State Density Bonus Law as per California Government Code Section 65915, the applicant can request to increase the allotted density per local municipal code to go beyond the maximum allowable range. 2. That the design or improvement of the The project design and improvement are proposed subdivision is not consistent consistent with the General Plan as with applicable general and specific conditioned herein. tans. 3. That the site is not physically suitable for The project proposes a density bonus the proposed type of development. subdivision with modified lot standards, dimensions and applicable setbacks and a private road, servicing more than 10 homes. The project meets the applicable density allowances applicable to Density Bonus Projects under Section 65915, while providing a compatible development with the surrounding community. 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 for The proposed subdivision is consistent with the the proposed density of development. maximum density standards outlined in Chapter 30.16 (R -3 zones) 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 lace or can be extended to serve the project. D 7 s for Tentative Ma That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially or avoidably injure fish or wildlife or their habitat. That the design of the subdivision or the type of improvements is likely to cause serious public health problems. 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. Explanation of Finding The proposed subdivision is located in an urbanized area and would not affect any natural habitat. The City prepared an MND, which has determined that with mitigation measures, no significant negative environmental impacts would result from the proposed project. 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. The City prepared an MND, which has determined that with mitigation measures, no significant negative environmental impacts would result from the proposed project. All easements of record are identified in the preliminary title report for the subject property and shown on the proposed tentative map. No conflicts with easements of record have been identified. Based on Encinitas Municipal Code Section 30.80.090, findings for a Coastal Development Permit and the aforementioned analysis, the Planning Commission has made the following findings to support the approval, with conditions: Finding for Coastal Development Permit -Explanation of Finding 1. The project is consistent with the The Development Services Department finds certified Local Coastal Program of the that 1) the project is consistent with the certified City of Encinitas. Local Coastal Program of the City of Encinitas Finding for Coastal Development Permit 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. with the approval of the Density Bonus Tentative Map, Design Review Permit and Coastal Development Permit; 2) the City has prepared a Mitigated Negative Declaration, which has determined that no significant environmental impacts would result from the proposed project with incorporation of the mitigation measures and conditions of approval; and 3) finding No. 3 is not applicable since the project site is located on Requeza Street which is not 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 adopted by the Planning Commission, Case No. 16 -211 TMDB /DR /CDP1EIA is hereby approved subject to the conditions in Exhibit "B". PASSED AND ADOPTED this 16th day of November, 2017 by the following vote, to wit: AYES: Apuzzo, Doyle, Drakos, Ehlers, O'Grady NOES: None ABSTAIN: None ABSENT: None , 4N9ichael Glenn O'Grady, Chair ATTEST: 11� NOTE: This action is subject to Chapter 1.04 of the Municipal Code, which specifies time limits for legal challenges. -5- EXHIBIT "A" Resolution No. PC 2017 -49 Case No. 16 -211 TMDB/DR/EIA/CDP LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN ENCINITAS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: APN: 258 -141 -38 AND 39 THE SOUTHERLY 742.50 FEET OF THE WESTERLY 518.00 FEET OF THE WEST HALF OF THE SOUTHWAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF. EXCEPTING THEREFROM THE EASTERLY 248.00 FEET AND THE NORTHERLY 175.00 FEET THEREOF. ALSO EXCEPTING THEREFROM ALL MINERALS, MINERAL DEPOSITS, MINERAL OILS AND NATURAL GASES OF EVERY KIND OR NATURE AS RESERVED BY DEED RECORDED AUGUST 15, 1921 IN BOOK 860, PAGE 36 OF DEEDS. PARCEL 2: APN: 258- 141 -36 THE SOUTHERLY 190 FEET OF THE NORTHERLY 529 FEET OF THE SOUTHERLY 742.5 FEET OF THE EASTERLY 248 FEET OF THE WESTERLY 518 FEET OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF. EXCEPTING THEREFROM ALL MINERALS, MINERAL DEPOSITS, MINERAL OILS AND NATURAL GASES OF EVERY KIND AND NATURE CONTAINED IN OR UPON THE ABOVE GRANTED PREMISES WITH THE RIGHT IN SAID GEORGE H. KETTELL AND BESSIE MAUD KETTELL, HUSBAND AND WIFE AND THEIR SUCCESSORS AND ASSIGNS, TO ENTER, UPON AND OCCUPY THE SAID PREMISES FOR THE PURPOSE OF PROSPECTING, DRILLING, FOR MINING OR REMOVING MINERALS, MINERAL OILS AND GASES, AS RESERVED BY GEORGE H. KETTEL AND BESSIE MAUD KETTELL, HUSBAND AND WIFE BY INSTRUMENT RECORDED, AUGUST 15, 1921 IN BOOK 860, PAGE 36 OF DEEDS. PARCEL 2A: AN EASEMENT FOR RIGHT OF WAY FOR ROAD AND UTILITY PURPOSES, UPON, OVER AND ACROSS THE WESTERLY 15.0 FEET OF THE NORTHERLY 154.0 FEET OF THE SOUTHERLY 727.5 FEET OF THE EASTERLY 248.0 FEET OF THE WESTERLY 518.0 FEET OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN. ACCORDING TO OFFICIAL PLAT THEREOF. PARCEL 2B: AN EASEMENT FOR RIGHT OF WAY FOR ROAD AND UTILITY PURPOSES, UPON, OVER AND ACROSS THE NORTHERLY 15.0 FEET OF THE SOUTHERLY 742.5 FEET OF THE EASTERLY 248.0 FEET OF THE WESTERLY 518 FEET OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO OFFICIAL PLAT THEREOF. EXHIBIT "B" Resolution No. PC 2017 -49 Case No. 16-211 TMDBIDRIEIAICDP Applicant: Requeza SM, LLC Location: 710 and 714 Requeza Street (APN: 258- 141 -36, -38 and -39) SC1 SPECIFIC CONDITIONS: SC3 Approval of the Tentative Map and all associated permits will expire on November 16, 2020, three (3) 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 March 14, 2017 and the project drawings consisting of 55 sheets, including architectural plan sheets (including Site Plans, Sections, Architectural Styles and Colored Elevations), four Landscape Plans, and the Tentative Map /Grading Plan consisting of seven sheets and dated received by the City on March 14, 2017; and all designated as approved by the Planning Commission on November 16, 2017, and shall not be altered without express authorization by the Development Services Department. SCA The following conditions shall be completed and/or fulfilled to the satisfaction of the Development Services 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 on Lot 9. 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 Development Services 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 6 market rate units in the subdivision shall be granted by the City prior to the construction of the affordable unit on Lot 9 by the applicant or the applicant's successor in interest and approval of final occupancy for said unit from the City granted. 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 Development Services Department Director to ensure that the -S? quality of materials, floor coverings, cabinets, fixtures, appliances, doors, windows is comparable to the new market rate 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 Development Services 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 front and rear yard within one year 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. The certificate shall specifically indicate that plants were installed as specified and that the irrigation system was installed as designed. The certificate of substantial completion shall be completed and signed by a State licensed landscape architect, landscape contractor, or an irrigation designer who also holds a State license in the landscape field. 6. The building footprint for all residences shall substantially conform to the building envelopes established pursuant to the approved Tentative Map and Major Use Permit 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. Any deviation from the approved building envelopes other than as specified above, or changes to or private street or lots dedicated to Best Management Practices (BMPs) 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 Development 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, common retaining walls, noise fence, parking easements and private roads are maintained as necessary into perpetuity. If offsite improvement is provided for storm water pollution control, an easement shall be provided for the benefit of this subdivision into perpetuity. The maintenance of the offsite facilities shall be included in the CC &Rs. 192 8. A temporary business/sales office shall be allowed on the proposed project site. The temporary business/sales office trailer shall comply with the provisions of Chapter 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 Development Services Department. 9. All parking spaces provided within parking easements shown on the Tentative Map shall be made available to the general public and shall not be restricted for the sole use of an individual lot within the subdivision. This requirement shall be included in the CC &R's for the project. 10. 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 Development Services 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 23.08.030B1. 11. The owner /applicant shall record an open space covenant preserving Lot D as open space and Lot A and B for biorentention /passive open space as shown on the Tentative Map /Grading Plan in perpetuity. Said easement shall be shown and described in a plat and recorded to the satisfaction of the Development Services Department. 12. The homes located on Lots 1, 2, 3 and 4 shall remain as single -story units in perpetuity. Only single -story additions may be added in the future, not exceeding a total height to the ridge or flat roof element of 20 feet total, including a four -foot chimney projection allowance in accordance with Chapter 30.16 (Residential Zones) of the Encinitas Municipal Code. Height for said changes are subject to the lower of natural finished grade defined in Chapter 30.16 of the Encinitas Municipal Code. This limitation shall be set forth in the CC &R's for the project to the satisfaction of the Development Services Department. 13. The optional "Casita" structure shown on various models within the project plans, shall comply with Chapter 30.48 (Accessory Use Regulations) of the Encinitas Municipal Code. The design of the structure shall be disclosed during the building permit process, consistent with the regulations contained within this Encinitas Municipal Code Section, and a covenant shall be recorded to the property prior to building permit issuance. 14. Pursuant to Chapter 24.21 of the Encinitas Municipal Code, residential subdivisions proposing 10 or more residential lots must include affordable dwelling units (inclusionary housing) to persons qualified by the County Housing Authority as meeting Section 8 Rental Assistance requirements or must pay a fee in -lieu thereof at the option of the subdivider. The affordable dwelling unit must be provided at the rate of one unit for every 10 units proposed. The City's affordable housing assistance requirements calculated based on the maximum residential density prior to inclusion of any density bonus units. For the proposed subdivision, the maximum residential density would be 10 units and 1 affordable unit would be required to comply with the affordable housing assistance requirements. The affordable unit proposed to satisfy the density bonus state law requirements can be used to satisfy the inclusionary housing provided that the unit meets the requirements of both laws. Otherwise, the applicant must construct both affordable units or pay an in -lieu fee, as established by resolution of the City Council, prior to recordation of the final map for the subdivision. SCB The following Engineering conditions shall be completed and /or fulfilled to the satisfaction of the Development Services Department: 1. The owner shall grant an easement for additional public street right -of -way along the property frontages to Requeza Street and Camino De Orchidia per the subdivision map. An additional seven feet shall be granted for Requeza Street measured 27 feet from the centerline. A full 25 feet shall be granted for Camino De Orchidia measured from centerline. 2. The owner shall grant the City a Public Easement for Private Street subject to terms and conditions contained in City Council Resolution 2009 -53 for the private road per the Subdivision Map. 3. The developer shall provide public improvements along the property frontage of Requeza Street. Street improvements shall include 12 feet travel lane, eight feet pervious paver parking area, and a six -inch raised curb with five -foot wide sidewalk. The developer shall widen or sawcut the existing paving to provide a centerline to flush curb distance of 12 feet. The pervious pavers shall be 7.5 feet wide to a six - inch curb per SDRSD G -1. Transitions shall be required at each end of the subdivision with an adequate taper on the west end. 4. Standard ADA compliant pedestrian curb ramps shall be required at the curb returns for the private road. A public pedestrian easement will be required for any portion of the curb ramp within private property. 5. The developer shall provide public improvements along the property frontage to Camino De Orchidia that is consistent with the public improvements built directly to the north and as shown on public improvement drawing 7005 -I. Generally speaking this includes road widening to 21 feet from centerline (36 feet total paving curb to curb), standard curb and gutter, and a 4 foot wide parkway. The pavement section shall be based on in situ R -value testing but shall be a minimum of four inches of AC over six inches Class 11 Base. Any required transition to existing improvements shall occur beyond the property frontage to ensure that the entire frontage is built to full width. 6. Public improvement plans for these improvements, as well as grading plans for the onsite improvements, must be submitted and approved by the City and adequate surety be posted prior to approval and recordation of the Subdivision Map. 7. The project is proposed to be constructed in Two Phases. All public improvements as described herein shall be constructed under Phase 1. 8. The applicant shall provide a half -width plus 10 feet transition AC overlay along the property frontage of Requeza Street and Camino De Orchidia. 9. 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 Requeza property frontage, the sidelines of the property, as well as any utility lines running through the site or in an adjacent easement. A dry utility plan shall be included with the grading permit application. 10. The project shall be categorized as a Priority Development Project for storm water quality subject to Hydromodification management. A Storm Water Quality Management Plan (SWQMP) with detailed Drainage Management Area exhibit shall be submitted with the grading permit application. The IMP cross section shall detail the 10 -inch ponding depth, engineered soil thickness, and gravel depth as well as the controlled outflow. 11. A Storm Water Maintenance Agreement (SWMA) shall be required to ensure the professional maintenance, repair, and replacement of the storm water quality BMP as necessary into perpetuity. The covenant shall also detail the funding mechanism for the required maintenance. 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. 12. Special inspection of the BMP facilities by a licensed civil engineer in the State of California is required during construction. Prior to obtaining building occupancy, an inspection report shall be submitted with the Final Grading Certification verifying the size and depth of the excavation, gravel and engineered soil depth and material, storm drain pipe, overflow, and overall function of the facilities per the approved grading plan. 13. The storm water facility sizing shall include a 15% sizing contingency to account for future homeowner installed hardscape (patios, etc.). The grading plan shall include a table of the impervious surface area credit per lot. 14. A Homeowners Association shall be formed to accept the maintenance responsibility of all commonly owned facilities including but not limited to Lots A, B, C and D for the open space areas, the bioretention basin and all other stormwater treatment facilities, the private road and all improvements, and any private storm drain infrastructure. These Lots shall be called out as "Non- buildable." City staff shall review and approve the CC &R's for the project prior to approval of the final subdivision map. 15. Private street parking shall be required at a ratio of 1 space per every lot. Parallel parking space popouts shall be eight feet wide by 25 feet long or 21 feet long each for tandem parking. Since there are 11 Lots proposed with access to the private road, a minimum of 11 on street parking spaces shall be provided. 16. The applicant shall record an Encroachment Maintenance and Removal Covenant against the property to guarantee the maintenance of the private trees, landscaping, and irrigation that are proposed within the right -of -way. A Homeowners Association shall be formed and CC &R's recorded to ensure the maintenance of these items in the right -of -way. A2_ 17. The applicant shall record a Private Road and Stormdrain Maintenance Agreement to ensure the continued maintenance of the HOA owned and shared facilities including but not limited to roads, storm drain facilities, landscaping, stormwater basin, streetlights, park areas, etc. The CC &R's shall be reflective of this requirement. 18. The applicant shall provide a privately owned street light at the terminus of the proposed cul -de -sac per the City of Encinitas Road Standards. 19. If the rough grading for Lots 1 & 2 is completed at the same time as the remainder of the subdivision, and the bioretention basin for Lot B is finished, desilting basins shall be constructed for Lots i & 2 to prevent any sediment from transporting to the finished basin. 20. A central mail box facility shall be located on private property. 21. 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 or Record of Survey shall be filed with the County prior to release of securities. 22. All street signs, lights, lamps, utilities, etc. located within the public right -of -way shall be protected in -place during construction or replaced to the satisfaction of the City Engineer. 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 2 -inch water meter. Upon development, each parcel shall be individually metered. The owner may downsize the existing meters and apply capacity credit toward the installation of new meters. 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. The existing water meter for 728 Requeza St (APN 258 - 141 -40) is currently served off of the 4 -inch ACP water main that is to be abandoned. Water service for this parcel shall be re- established thru the subdivision. The customer located at 728 Requeza Street shall remain on water during construction. 3. A hydraulic analysis shall be required for the proposed subdivision. The results of the analysis will dictate the approved design of the water system and to determine the re- design of the existing water system. This analysis shall account for future development for the area. 4. 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. 5. The developer shall enter into a secured agreement with SDWD prior to map recordation. 13- 6. The developer shall show all existing and proposed water facilities on improvement and /or grading plans for SDWd Approval. 7. The developer shall comply with SDWD fees, charges, rules and regulations. 8. 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 access dictates or if more than one utility is proposed for the easement. The whole width of private streets shall be dedicated to the district. 9. 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. 10. The developer will be required to show all existing and proposed water facilities on improvement and /or grading plans for District Approval. 11. 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, is available or when it becomes available. Reclaimed water is available for this site. The owner is required to install landscaping irrigation to reclaimed water standards in those areas that are common space and commonly maintained and connect to the reclaimed water system and obtain District approval. Reclaimed water shall be used for grading operations where feasible. SCD Two fire hydrants shall be installed with this project to the satisfaction of the Fire Department. SCE Prior to grading permit issuance, a Worker Health and Safety Plan shall be prepared by a California Certified Industrial Hygienist in accordance with OSHA regulations. The plan shall include the following: a. The Worker Health and Safety Plan shall include procedures to avoid potential hazards for construction workers, including the use of personal protective equipment (PPE), protection from physical hazards, protection from chemical hazards that may be present at the site, decontamination procedures, and worker and health and safety monitoring criteria to be implemented during construction. The worker health and safety plan shall include protective measures and PPE that are specific to the conditions of concern and meet the requirements of OSHA's construction safety requirements and Hazardous Waste Operations and Emergency Response Standard (29 CFR 1910.120). Required PPE shall include safety boots and hard hats at a minimum for entry into and work on the site. In addition, safety glasses, respiratory protection, gloves, and other PPE may be required for specific tasks or activities. In accordance with OSHA requirements, appropriate training and record keeping shall also be a part of the health and safety program. 14- b. The Worker Health and Safety Plan shall be explained to the construction workers and all workers shall be required to sign the plan, which will be kept on the construction site at all times. Worker safety training shall occur prior to initiation of construction activities. Training shall include the review of all health and safety measures and procedures. c. Prior to Grading Permit issuance, provisions of the Soil Remediation Plan (Geocon Inc., 518117), Community Health and Safety Plan (Geocon Inc., 518117) and Worker Health and Safety Plan shall be incorporated as part of the grading plans to the satisfaction the Development Services Department. During grading activity, the project applicant shall provide any copies of chain -of- custody, waste manifesting, and field reporting records to the City's Engineering Inspector. SCF Prior to Grading Permit issuance, the project applicant shall demonstrate that a qualified consultant has been retained to provide on -site monitoring during grading activities and ensure implementation of all provisions contained in the Soil Remediation Plan, Community Health and Safety Plan, and Worker Health and Safety Plan. The project applicant shall be responsible for ensuring all provisions of the aforementioned plans are implemented to the satisfaction of the San Diego County Department of Environmental Health. SCG Prior to the commencement of any grading activities or land disturbance, the following shall be completed to the satisfaction of the Development Services Department: a. The project site contains pesticide impacted soils as identified in the May 8, 2017 Soil Remediation Plan prepared by Geocon, Inc. The applicant shall remove the contaminated soil from the site in accordance with the Soil Remediation plan approved by San Diego County DEH Voluntary Assistance. Prior to any ground disturbance, and pursuant to the provisions of the Encinitas Municipal Code, the applicant shall provide adequate notification to the surrounding property owners before any disturbance of contaminated soil. b. Prior to commencement of grading activities, the project applicant shall provide the Development Services Department written acknowledgement from all workers at the site that they have reviewed the Soil Remediation Plan, Community Health and Safety Plan, and Worker Health and Safety Plan. In addition, the project applicant shall provide written acknowledgement from all workers that training was received. SCH Prior to final inspection and approval for the Grading Permit, the following shall be satisfied to the satisfaction of the Development Services Department: a. The project applicant shall prepare and submit a Closure Report and Closure Letter request (for the Soil Remediation Plan) to the San Diego County Department of Environmental Health Voluntary Assistance Program and Development Services Department for review and approval. The Closure Report shall include a discussion of any deviations from the approved Soil Remediation Plan. -l5- b. The project applicant shall submit the Closure Letter issued by the San Diego County Department of Environmental Health to the Encinitas Development Services Department and Public Works Department. SCI Prior to the issuance of any building permit for construction of any home(s), all grading remediation work shall be completed to the satisfaction of the Development Services Department. SCJ The applicant shall obtain a Traffic Control Permit if deemed necessary from Traffic Engineering. SCK Prior to demolition permit issuance, a work plan shall be submitted to the Development Services Department for any necessary removal of asbestos and lead- containing paint materials prior to initiation of any necessary abatement activity. The work plan shall be prepared in compliance with federal and state regulations and 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 results of the monitoring plan shall be submitted to the Development Services Department for review and approval prior to grading permit issuance. SCL Prior to demolition permit issuance, if required by San Diego Air Pollution Control District (SDAPCD) Rules, the project applicant shall submit evidence to the Development Services 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. Any necessary abatement operations that involve asbestos- containing materials shall conform to San Diego Air Pollution Control District (SDAPCD) Rules 361.140 - 361.156. G1 STANDARD CONDITIONS: CONTACT THE DEVELOPMENT SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): 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/recordation of the final map, 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 Development Services Director. G5 The Owner(s) shall waive any claims of liability against the City and indemnify, hold harmless and defend the City and City's employees regarding any component of the City's approval, by executing an indemnity agreement in substantially the form as provided by the Development Services Department prior to grading permit issuance/recordation of the final map and the Development Services Director, or designee, is hereby authorized to execute the same. G6 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. 16 G8 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 1/2 in. x 11 in.) copy of the site plan and elevations depicting the exact point(s) of certification. The engineer /surveyor shall contact the Development Services Department to identify and finalize the exact point(s) to be certified prior to conducting the survey. G11 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 Development Services Department prior to the issuance of building and/or grading permits. G12 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 Development Services Department. Note: All rooftop equipment shall be assumed visible unless demonstrated otherwise to the satisfaction of the Development Services 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 Development Services Department. All exterior accessory structures shall be designed to be compatible with the primary building's exterior to the satisfaction of the Development Services Department. G13 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 Development Services Department. G14 The applicant shall pay development fees at the established rate. Such fees may include, but not be limited to: Permit and Plan Checking Fees, Water and Sewer Service Fees, School Fees, Traffic Mitigation Fees, Flood Control Mitigation Fees, Park Mitigation Fees, and Fire Mitigation/Cost Recovery Fees. Arrangements to pay these fees shall be made prior to Final Map approval/building permit issuance to the satisfaction of the Development Services Departments. The applicant is advised to contact the Development Services Department regarding Park Mitigation Fees, 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. G15 A plan shall be submitted for approval by the Development 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. G20 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. -17- G22 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 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. G25 Newly constructed single-family dwelling units shall be pre - plumbed for a graywater system permitted and constructed in accordance with Chapter 16 of the California Plumbing Code and including a stub -out in a convenient location for integration of the graywater system with landscape irrigation systems and accepting graywater from all sources permissible in conformance with the definition of graywater as per Section 14876 of the California Water Code. Exception: A graywater system shall not be permitted where a percolation test shows the absorption capacity of the soil is unable to accommodate the discharge of a graywater irrigation system. L1 The project is subject to Chapter 23.26 of the Municipal Code (Water Efficient Landscape Program), which requires a landscape and irrigation plan to be prepared by a State licensed landscape designer. The requirements for the plans are listed in Chapter 23.26. The landscape and irrigation plans including the required signature block of the State licensed landscape designer must be submitted as part of the building permit application for the project. L2 All required plantings and automated irrigation systems shall be in place prior to use or occupancy of new buildings or structures. All required plantings and automated irrigation systems shall be maintained in good condition, and whenever necessary, shall be replaced with new materials to ensure continued compliance with applicable landscaping, buffering, and screening requirements. All landscaping and irrigation systems shall be maintained in a manner that will not depreciate adjacent property values and otherwise adversely affect adjacent properties. All irrigation lines shall be installed and maintained underground (except drip irrigation systems). L3 All parking areas and driveways shall conform with Chapter 30.54 of the Municipal Code and the City's Offstreet Parking and Design Manual incorporated by reference therein. 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 -IS- of a type satisfactory to the Development Services Department. The property owner shall be responsible for the removal in a timely manner of any graffiti posted on such walls. DR1 Any future modifications to the approved project will be reviewed relative to the findings for substantial conformance with a design review permit contained in Section 23.08.140 of the Municipal Code. Modifications beyond the scope described therein may require submittal of an amendment to the design review permit and approval by the authorized agency. DR2 Side and rear elevations and window treatments shall be trimmed and architecturally treated so as to substantially match the front elevations. This treatment shall be reflected in building plans and shall be found satisfactory by the Development Services Department prior to the issuance of building permits. DR3 All project grading shall conform with the approved plans. If no grading is proposed on the approved plans, or subsequent grading plans are inconsistent with the grading shown on the approved plans, a design review permit for such grading shall be obtained from the authorized agency of the City prior to issuance of grading or building permits. 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 Development Services Department prior to the issuance of building permits. B1 BUILDING CONDITION(S): CONTACT THE ENCINITAS DEVELOPMENT SERVICES DEPARTMENT 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): 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 -19- 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). 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; and 2. As a minimum the first lift of asphalt paving shall be in place to provide a permanent all weather surface for emergency vehicles; and 3. Water supply for fire protection (fire hydrants and standpipes) shall be installed, in service and accepted by the Fire Department and applicable water district. F9 POSTING OR STRIPING ROADWAYS "NO PARKING FIRE LANE ": Fire Department access roadways, when required, shall be properly identified as per Encinitas Fire Department standards. The means by which fire lanes are designated shall be maintained in a clean and legible condition at all times and be replaced or repaired when necessary to provide adequate visibility. F10 OBSTRUCTION OF ROADWAYS DURING CONSTRUCTION: All roadways shall be a minimum of 24 feet in width during construction and maintained free and clear, including the parking of vehicles, in accordance with the California Fire Code and the Encinitas Fire Department. F11 FIRE HYDRANTS AND FIRE FLOWS: The applicant shall provide fire hydrants of a type, number, and location satisfactory to the Encinitas Fire Department. A letter from the water agency serving the area shall be provided that states the required fire flow is available. Fire hydrants shall be of a bronze type. Multi- family residential or industrial fire hydrants shall have two (2) 4 -inch and two (2) 2 1/2 -inch NST outlets. Residential fire hydrants shall have one (1) 4 -inch NST outlet, and one (1) 2 1/2-inch NST outlets. -20- 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- inch stroke width for residential buildings, 8 inches high with a'la -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. 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. E1 ENGINEERING CONDITIONS: CONTACT THE DEVELOPMENT SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): E2 All City Codes, regulations, and policies in effect at the time of building /grading permit issuance shall apply. E3 All drawings submitted for Engineering permits are required to reference the NAVD 88 datum; the NGVD 29 datum will not be accepted. EG1 Grading Conditions EG3 The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. EG4 The grading for this project is defined in Chapter 23.24 of the Encinitas Municipal Code. Grading shall be performed under the observation of a civil engineer whose responsibility it shall be to coordinate site inspection and testing to ensure compliance of the work with the approved grading plan, submit required reports to the Engineering Services Director and verify compliance with Chapter 23.24 of the Encinitas Municipal Code. EG5 No grading shall occur outside the limits of the project unless a letter of permission is obtained from the owners of the affected properties. EG6 Separate grading plans shall be submitted and approved and separate grading permits issued for borrow or disposal sites if located within the city limits. EG7 All newly created slopes within this project shall be no steeper than 2:1. EG8 A soils/geologicaVhydraulic 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 -21- 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. EG11 In accordance with Section 23.24.510 of the Encinitas Municipal Code, proposed slopes exceeding 15 feet in vertical height shall be planted with trees, shrubs, and groundcover. A state - licensed landscape architect shall submit a letter to the Planning and Building Department prior to "Rough Grade" approval by the Engineering Department. The letter shall certify that all slopes exceeding 15 feet in height shall be planted with an appropriate combination of trees, shrubs, and groundcover in order to meet the following requirements: A) Comply with the Fire Department "Guidelines for Planting in Developments Subject to Fuel Modification "; B) Include only native, drought - tolerant plants on slopes that are adjacent to biological open space areas or areas containing native vegetation; and C) Space trees at distances not to exceed 20 feet on center and shrubs at distances not to exceed 10 feet on center in order to provide full coverage and prevent erosion. Prior to issuance of final occupancy, a state - licensed landscape architect shall submit a final letter to the Planning and Building Department certifying that s /he has inspected the site, that the site meets the requirements listed above, and that the landscaping on at least 80% of the slope area has germinated and is in a healthy, actively growing state. EG12 In compliance with Municipal Code 23.24.490 regarding the blending and rounding of slopes, the project shall meet the following requirements. Design for slope undulation shall be included on the Grading PIanlTentative Map that is submitted for this project. A) All slopes greater than 15 feet high shall be rounded into the existing terrain to produce a contoured transition from slope face to natural ground and abutting cut or fill surfaces where conditions permit. B) Straight uniform slopes shall be avoided. Every effort should be made to construct slopes that appear natural in character. The steepness of slopes should vary and slope faces should undulate in an effort to produce a more -22- natural appearing slope. Sharp, angular changes in the direction of slope faces shall not be permitted. C) Grading should be planned to retain natural topography and vegetation and cause the least amount of disturbance while allowing development. D) Uniform "stair- stepping" of building pads shall be prohibited. Diversity in design solutions, which add the characteristics of variety to hillside development, shall be encouraged. E) Whenever possible, existing building sites and pads shall be utilized. Proposed structures should be designed to conform to the existing site conditions and terrain. Modification of existing sites to conform to proposed structures shall be discouraged. 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 ED2M The developer shall exercise special care during the construction phase of this project to prevent any offsite siltation. The developer shall provide erosion control measures and shall construct temporary desiltation/detention basins of type, size and location as approved by the Engineering Services Director. The basins and erosion control measures shall be shown and specified on the grading plan and shall be constructed to the satisfaction of the Engineering Services Director prior to the start of any other grading operations. Prior to the removal of any basins or facilities so constructed the area served shall be protected by additional drainage facilities, slope erosion control measures and other methods required or approved by the Engineering Services Director. The developer shall maintain the temporary basins and erosion control measures for a period of time satisfactory to the Engineering Services Director and shall guarantee their maintenance and satisfactory performance through cash deposit and bonding in amounts and types suitable to the Engineering Service Director. 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. ED61VI The owner of the subject property shall execute a hold harmless covenant regarding drainage across the adjacent property prior to approval of the grading permit for this project. ED7 Concentrated flows across driveways and/or sidewalks shall not be permitted _23- 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. 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. ES10 Improvements constructed within the present or future public right -of -way shall be considered temporary. The owner shall enter into an encroachment removal covenant agreeing to remove those improvements at the direction of the City. EU1 Utilities Conditions 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. EU5 The owner shall be responsible for the relocation and undergrounding of existing public utilities, as required. 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. EU8 Subject to all applicable Federal and State laws, statutes and regulations, in the event of multiple cable communication operators desiring to serve new residential developments in ?4- which the electric power and telephone utilities are underground, the following procedure shall apply with respect to access to and utilization of underground easements: (a) The developer shall be responsible for contacting and surveying all franchised cable operators to ascertain which operators desire to provide cable television service to the development. The developer may establish a reasonable deadline to receive responses from cable operators. The final tract map shall indicate the cable operator(s) that have agreed to serve the development. (b) If one or more cable operators wish to provide service, they shall be accommodated in the joint utilities trench on a nondiscriminatory shared basis. (c) The developer shall provide at least (10) working days notice of the date that the utility trenches will be open to the cable operators that have agreed to serve the development. (d) Sharing the joint utilities trench shall be subject to compliance with Public Utilities Commission and utility standards. If such compliance is not possible, or if three (3) or more operators desire to provide service to the development, the developer shall provide a separate trench for the cable television cables, with the entire cost shared among the participating cable operators. With the concurrence of the developer, the affected utilities and the cable television operators, alternative installation procedures, such as the use of deeper trenches, may be utilized, subject to the applicable law. (e) Any cable operator wishing to serve an area where the trenches have been closed shall be responsible for separate trenching and associated costs; provided that if the cable operator was not provided timely written notice of the availability of such trenches, the developer shall reimburse the operator for such costs. ESW 1 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. 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 -25- plans indicating that the BMPs are to be privately maintained and the facilities not modified or removed without a permit from the City. ESW4 Priority Projects shall implement a single or a combination of storm water Best Management Practice methods in order to reduce to the maximum extent practicable the quantity of pollutants entering the public storm drain system or any receiving body of water supporting beneficial uses. All Priority Projects shall construct and implement a structural treatment control BMP, such as natural bio- filtration system or a treatment detention basin, designed to infiltrate, filter, or treat a quantity of storm runoff equal to or greater than the volume generated by a 0.6" precipitation storm event in a duration of twenty -four hours or the maximum flow rate produced by a rainfall of 0.2 inches during each hour of a storm event. The filtration system shall be designed based upon best management practice standards and must be approved by the City Engineer. A covenant approved by the City shall be recorded against the property to ensure the professional maintenance, repair, and replacement of the storm water quality BMP as necessary into perpetuity. The covenant shall also detail the funding mechanism for the required maintenance. 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 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/Permit Site plan. EM1 Map Conditions EM2 Should the developer decide to record final maps and develop phases in a different numerical sequence than the approved phasing as shown on the Tentative Map, all conditions required of the preceding phases shall be completed to the satisfaction of the Director of Engineering Services. 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. 26.