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2018-23RESOLUTION NO. PC 2018 -23 A RESOLUTION OF THE CITY OF ENCINITAS PLANNING COMMISSION APPROVING A TENTATIVE MAP (DENSITY BONUS), DESIGN REVIEW PERMIT, COASTAL DEVELOPMENT PERMIT AND MITIGATED NEGATIVE DECLARATION TO SUBDIVIDE THREE EXISTING RESIDENTIAL LOTS INTO 13 RESIDENTIAL LOTS AND ONE PRIVATE STREET LOT UTILIZING THE STATE DENSITY BONUS LAW; DEMOLISH THE EXISTING STRUCTURES ON THE SITE; CONSTRUCT 12 NEW MARKET RATE UNITS AND ONE AFFORDABLE UNIT, CONSTRUCT A PRIVATE CUL -DE -SAC STREET, GRADING/UTILITIES, STORMWATER, AND LANDSCAPING IMPROVEMENTS FOR THE SITE LOCATED AT 764 AND 782 LEUACADIA BOULEVARD. (CASE NO. 14 -069 TMDBIDRICDPIMND; APN: 254 - 362 -13; -14 & -45) WHEREAS, L.J.R., LLC., a California Limited Liability Company, submitted an application for a Tentative Map (Density Bonus), Design Review Permit, Coastal Development Permit and Mitigated Negative Declaration to subdivide three existing residential lots into 13 residential lots and one private street lot utilizing the State Density Bonus Law; demolish the existing structures on the site; construct 12 new market rate units and one affordable unit, a private cul -de -sac street, grading /utilities, stormwater, and landscaping improvements for the site located at 764 and 782 Leucadia Boulevard, legally described in Exhibit A; WHEREAS, the Planning Commission conducted noticed public hearing on the application on June 21, 2018, 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. 14 -069 TMDBIDRICDPIMND based on the following Environmental Determination and Findings: Section 1. California Environmental Quality Act Determination An Environmental Initial Study was completed by the City as the lead agency for environmental review in accordance with the requirements of the California Environmental Quality Act (CEQA). A Draft Mitigated Negative Declaration (Draft MND) was prepared, circulated, and notice made of its availability for public review and comment during the period from April 27, 2018, through May 21, 2018. Upon close of the 30 -day comment period, staff did not receive any comments in response to the Draft Mitigated Negative Declaration. The Final Mitigated Negative Declaration (Final MND) was subsequently prepared. The Final Mitigated Negative Declaration identified less than significant environmental impacts with the implementation of proposed mitigation, monitoring and reporting measures for Paleontological Resources and Hazardous Materials. Section 2. Discretionary Action(s) Findings Based on 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 That the proposed map is not consistent with applicable general and specific plans as specified in Section 65451 of the Subdivision Map Act. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans. That the site is not physically suitable for the proposed type of development. That the site is not physically suitable for the proposed density of development. Explanation of Finding The proposed residential subdivision includes a request for density bonus in accordance with the State Density Bonus Law as per California Government Code Section 65915. According to the State Density Bonus Law, the applicant can request to increase the allotted density per local municipal code to go beyond the maximum density. The proposed map is consistent with the General Plan, Subdivision Map Act and State Density Bonus Law. _ The project design and improvement are consistent with the General Plan as conditioned herein. Consistent with the General Plan policies, the project maintains the City's character consisting of primarily single - family detached housing, the project provides an affordable housing opportunity that would not otherwise be provided in an all market -rate project, the project is compatible with the character of the surrounding community, and the project design considered the constraints and opportunities of the adjacent development. The project proposes to create 13 residential lots pursuant to the State Density Bonus Law. The project is physically suitable for the proposed development and all necessary public facilities and services are in place, or can be extended to serve the project. The applicant has submitted letters of facility availability for the project from fire, sewer, water, elementary and high school service The proposed subdivision is consistent with the maximum density standards outlined in Chapter 30.16 (R -3 zone) of the Municipal Code with the benefit of State Density Bonus Law noted in California Government Code Section 65915. All necessary public facilities and services are in place or can be extended to serve the project. No physical characteristics or site conditions constrain the property resulting in the unsuitability of the development of the site as proposed. The proiect site is zoned R -3, which 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. contemplates the development of single - family residences, consistent with the project. Further, the state Density Bonus Law facilitates the development of 13 units on the site. The proposed subdivision is located in an urbanized area and would not affect any natural habitat. The City prepared a Mitigated Negative Declaration, which has determined that with the required 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 a Mitigated Negative Declaration, 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 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: Findings for Design Review Permit . Explanation of Finding The project design is inconsistent with the The project is consistent with the provisions of General Plan, a Specific Plan, or the the General Plan, Local Coastal Plan and provisions of the Municipal Code. --provisions of the Municipal Code and the State Density Bonus Law, as detailed in the staff report. The project design is substantially The project is consistent with the City of inconsistent with the Design Review Encinitas Design Guidelines. A detailed Guidelines. analysis of facts supporting a finding of substantial conformance with the applicable City Design Guidelines was presented in the 'Guidelines Consistency' section of the staff report. Impacts of the project on surrounding properties have been minimized by various design elements that have been incorporated into the project to the extent feasible. The building design proposes variety in building materials and color schemes, as well as a variation in architectural style. Nine distinguishing color schemes, eight unique floor plans, and four distinctive architectural styles, will give the appearance of a customized development project. The project would adversely affect the health, safety, or general welfare of the community. The project would cause the surrounding neighborhood to depreciate materially in appearance or value. The combination of landscaping and enhanced driveway treatments will provide a cohesive image of the project as viewed from the street and will contribute positively to the character of the neighborhood. _ No evidence has been submitted or received to demonstrate to that the proposed project would adversely affect the health, safety, or general welfare of the community. The Final Mitigated Negative Declaration environmental document identified no significant negative environmental impacts that would result from the proposed project with the implementation of proposed mitigation measures. The Community Character analysis prepared for the project concluded that the project is consistent with the surrounding development. 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 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 Coastaf Development Permit Explanation of Finding The project is consistent with the certified The Planning and Building Department finds Local Coastal Program of the City of I that 1) the project is consistent with the -, Encinitas. 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. _ 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. certified Local Coastal Program of the City of Encinitas with the approval of the Tentative Map, Design Review Permit and Coastal Development Permit, as modified by the State Density Bonus Law and as conditioned; 2) the City has prepared a Mitigated Negative Declaration, which has determined that no significant environmental impacts would result from the proposed project with the incorporation of the mitigation measures and conditions of approval; and 3) finding No. 3 is not applicable since the project site is located on Leucadia Boulevard, east of Urania Avenue, which is not located between the first public road and the Pacific Ocean. The above environmental determination and findings are supported by the minutes, maps, and exhibits, all of which are herein incorporated by reference. BE IT FURTHER RESOLVED that based on the Environmental Determination and Findings hereinbefore adopted by the Planning Commission, Case No. 14 -069 TMDBIDRICDPIMND is hereby approved subject to the conditions in Exhibit B. PASSED AND ADOPTED this 215' day of June, 2018 by the following vote, to wit: AYES: NOES: ABSTAIN: ABSENT: chael Glenn O'Grady, C it ATTEST: 'u NOTE `This action is subject to Chapter 1.04 of the Municipal Code, which specifies time limits for legal challenges. EXHIBIT "N' Resolution No. PC 2018 -23 Case No. 14 -069 TMDBIDRICDPIMND LEGAL DESCRIPTION REAL PROPERTY IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL 1: (APN: 254 - 362- 45 -00) THE WEST HALF OF LOT 17, HILLSIDE ACRES, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1992, FILED ON THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 25, 1927. EXCEPTING THEREFROM THE SOUTHERLY 165.00 FEET THEREOF. I20:1601mr_1; AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES INCIDENTAL THERETO, OVER, ALONG, ACROSS, AND UNDER THE EASTERLY 15.00 FEET OF THE SOUTHERLY 165.00 FEET OF THE WEST HALF OF LOT 17. PARCEL 2: (APN: 254 - 362- 14 -00) ALL OF LOT 19, HILLSIDE ACRES, IN THE CITY OF SAN DIEGO, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1992, FILED ON THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, JANUARY 25, 1927. EXCEPTING THEREFROM THE WESTERLY 15.00 FEET OF THE SOUTHERLY 20.00 FEET THEREOF. ALSO EXCEPTING THEREFROM SOUTHERLY 30.50 FEET OF THE EASTERLY 150 FEET OF SAID LOT 19 AS GRANTED TO THE CITY OF ENCINITAS BY DEED RECORDED JUNE 8, 1998 AS FILE NO, 1998- 03442829 OF OFFICIAL RECORDS. PARCEL 3: (APN: 254 - 362- 13 -00) THE WESTERLY 150.00 FEET OF THE SOUTHERLY 200 FEET OF LOT 19 OF HILLSIDE ACRES, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1992, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 25, 1927. EXCEPTING THEREFROM THE SOUTHERLY 33.50 FEET. EXHIBIT "B" Resolution No. PC 2018 -23 Case No. 14 -069 TMDB /DR/CDP /MND Applicant: L.J.R., LLC. Location: 764 AND 782 Leucadia Boulevard SC1 SPECIFIC CONDITIONS: SC3 Approval of the Tentative Map and all associated permits will expire on June 21, 2021, at 5 p.m., three years after the approval of this project, unless the conditions have been met or an extension of time has been approved pursuant to the Municipal Code. SC5 This project is conditionally approved as set forth on the application and project drawings stamped received by the City of Encinitas on March 20, 2018, said project drawings consisting of 56 sheets total, including 42 architectural plan sheets (including Floor Plans, Roof Plans, Elevations, Architectural Styles and Colored Elevations); the Tentative Map /Grading Plan set consisting of seven sheets; Landscape Plans (consisting of six sheet), Conceptual Model Home Landscape Plans (consisting of two sheets), and Sound Wall and Retaining Wall Elevations (consisting of one sheet) all dated received by the City on March 20, 2018; all designated as approved by the Planning Commission on June 21, 2018, 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 13. 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 the city may not issue building permits for more than 50 percent of the market rate units until it has issued the building permit for the affordable unit, and the city may not approve any final inspections or certificates of occupancy for more than 50 percent of the market rate units until it has issued final inspections or certificates of occupancy for all of the affordable units. 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 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. Prior to building permit issuance, the applicant shall record a covenant that discloses the location of buried contaminated soils and prohibits the disturbance of such soils without prior approval from the San Diego County Department of Environmental Health and the City of Encinitas Development Services Department. The covenant shall be reviewed and approved by the Development Services Department prior to recordation. The applicant shall include the entire recorded covenant as part of the CC &Rs. The CC &Rs shall specify inclusion of this covenant as part of the CC &Rs, and shall not be removed by the Homeowner's Association without prior approval by the City of Encinitas. 4. The Postmaster shall approve final location of mailbox kiosks associated with this project prior to issuance of building permit. The approved location of mailbox kiosks shall be shown on the grading plan. 5. Each lotlunit shall be required to install landscaping within the front and rear yards within one year after occupancy of the unit. Adequate - coverage for erosion ..control purposes shall be provided within the front and rear yard areas prior to certificate of occupancy. 6. 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. 7. The building footprint for all residences shall substantially conform to the building envelopes established pursuant to the approved Tentative Map for the subject project with the following exceptions: a. Architectural projections shall be allowed as established within Chapter 30.16 of the Encinitas Municipal Code in relation to the building setback established with the approved Tentative Map. b. Patio covers and any and all accessory structures proposed shall be subject to the provisions of Chapter 30.16 of the Encinitas Municipal Code. The provisions for encroaching into building setbacks shall be applied in association with the building envelopes established on the approved Tentative Map. c. Any deviation from the approved building envelopes other than as specified above, or changes to the private street lot shall require a modification to the Tentative Map approval or a finding of substantial conformance. 8. Prior to final map recordation the CC &Rs for the project shall be submitted for review by the Development Services Department. The CC &Rs shall be approved by the Development Services Department prior to the Issuance of building permits for the homes within the subdivision. A final copy of the CC &Rs shall be provided to the Development Services Department prior to the release of occupancy for the first home in the subdivision. 9. 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. The required installation of landscaping within the private front and rear yards within one year of occupancy shall be included in the CC &Rs. 10. 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. 11. Model homes shall be permitted on a temporary basis pursuant to EMC Section 30.46.100 (Uses in New Subdivisions). 12. All parking spaces provided for the subdivision shall be made available to all residents and guests of the development, 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. 13. The homes located on Lots 1, 2 and 13 shall remain as single -story units in perpetuity. Only single -story additions may be added in the future. 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. 14. Prior to building permit issuance, the building construction plans shall demonstrate that all glass assemblies shall have a Sound Transmission Class (STC) rating of 28 (or more) in order to reduce the interior noise levels below the acceptable interior noise threshold of 45 dBA Ldn for all living areas. 15. Any off -site demolition shall be coordinated with the adjacent property owner(s) and all required permits shall be obtained prior to any demolition. 16. Plantings along Leucadia Boulevard shall be protected in place. Any landscaping that is damaged or displaced during construction shall be replaced 1:1 and shall match existing landscape theme in the area. A landscape plan shall be submitted for the replacement of plantings along Leucadia Boulevard. The landscape plan will be reviewed and approved to the satisfaction of the Development Services Department and Parks and Recreation Department. 17. The private street shall be maintained by the homeowners association to the satisfaction of the Development Services Department. 18. The private street lot and bioretention basin shall not be developed with any structures or grading activities other than as permitted herein. 19. The scope of the demolition permit shall be limited to the removal of the existing structures. No land disturbing activity shall be permitted in association with the demolition permit, unless a grading permit is issued. 20. All landscaping, fences, walls, etc. on the site, shall be permanently maintained by the property owners and/or homeowners association. The walls that front Leucadia Boulevard shall continue to be maintained by the City. The landscape 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. SCB The following environmental- related mitigation measures and conditions shall be completed and /or fulfilled to the satisfaction of the Planning and Building Department: Hazardous Materials 1. Prior to grading permit issuance, applicable provisions of the project's Remedial Action Plan (Stantec Consulting Services, 9119/17) shall be incorporated as part of grading plans to the satisfaction of the Encinitas Development Services Department. 2. Prior to grading permit issuance, the project applicant shall demonstrate that a qualified consultant has been retained to ensure implementation of all applicable provisions contained in the Remedial Action Plan. The project applicant shall be responsible for ensuring all applicable provisions of the Remedial Action Plan are implemented to the satisfaction of the San Diego County Department of Environmental Health (DEH). 3. Prior to building permit issuance, the project applicant shall prepare and submit a remediation summary report and closure request to the San Diego County DEH Voluntary Assistance Program and Encinitas Development Services Department for review and approval. The summary report shall include the location of contaminants, excavated soil, and any on -site disposal of contaminated soils on cross - section and plan view figures. The summary report shall also include a discussion of remediation activities and any deviations from the approved Remedial Action Plan. 4. Prior to building permit issuance, the project proponent shall submit a "Closure Letter' issued by the San Diego County DEH to the Encinitas Development Services Department. 5. The project applicant shall be responsible for complying with any applicable state regulations for the posting of Proposition 65 warnings at future residences. 6. Prior to building permit issuance, the project applicant shall record a covenant which discloses the location of buried contaminated soils and prohibits the disturbance of such soils without prior approval from the San Diego County Department of Environmental Health and Encinitas Development Services Department. The covenant shall be reviewed and approved by the Development Services Department prior to recordation. 7. Prior to building permit issuance, the Homeowners Association CC &Rs shall be submitted for review and approval by the Development Services Department. As part of the Homeowners Association CC &Rs, the project applicant shall include the entire recorded covenant described above in mitigation measure #6. The CC &Rs shall specify that the inclusion of this covenant as part of the CC &Rs shall not be removed by the Homeowners Association without prior approval by the City of Encinitas. 8. As part of sales disclosures for all project residential lots containing buried contaminated soils, the project applicant shall include a copy of the approved soil remediation summary report and closure letter issued by the San Diego County Department of Environmental Health. 9. Prior to demolition permit issuance or demolition of any on -site structures, the project applicant shall submit a lead -based paint and asbestos survey report for review and approval by the Development Services Department. The survey shall be conducted on the project site by a licensed lead and asbestos inspector and determine whether any on -site abatement of lead -based paint or asbestos containing materials is necessary. In addition, for any necessary removal of such materials, the survey report shall include an abatement work plan prepared in compliance with Title 8, California Code of Regulations Sections 1532.1 and 1529. The work plan shall include a monitoring plan to be conducted by a qualified consultant during abatement activities to ensure compliance with the work plan requirements and abatement contractor specifications. Demolition plans shall incorporate any necessary abatement work plan measures for the removal of materials containing lead -based paint and asbestos to the satisfaction of the Development Services Department. The measures shall be consistent with the abatement work plan prepared for the project and conducted by a licensed lead /asbestos abatement contractor. 10. 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. Paleontological Resources 11. Prior to grading permit issuance, the project applicant shall implement a paleontological monitoring and recovery program consisting of the following measures, which shall be included on project grading plans to the satisfaction of the Development Services Department: a. The project applicant shall retain the services of a qualified paleontologist to conduct a paleontological monitoring and recovery program. A qualified paleontologist is defined as an individual having an M.S. or Ph.D. degree in paleontology or geology, and who is a recognized expert in the identification of fossil materials and the application of paleontological recovery procedures and techniques. As part of the monitoring program, a paleontological monitor may work under the direction of a qualified paleontologist. A paleontological monitor is defined as an individual having experience in the collection and salvage of fossil materials. b. The qualified paleontologist shall attend the project pre - construction meeting to consult with the grading and excavation contractors concerning the grading plan and paleontological held techniques. c. The qualified paleontologist or paleontological monitor shall be on site on a full - time basis during the original cutting of previously undisturbed portions of the underlying very old paralic deposits. If the qualified paleontologist or paleontological monitor ascertains that the noted formations are not fossil - bearing, the qualified paleontologist shall have the authority to terminate the monitoring program. d. If fossils are discovered, recovery shall be conducted by the qualified paleontologist or paleontological monitor. In most cases, fossil salvage can be completed in a short period of time, although some fossil specimens (such as a complete large mammal skeleton) may require an extended salvage period. In these instances, the paleontologist (or paleontological monitor) shall have the authority to temporarily direct, divert, or halt grading to allow recovery of fossil remains in a timely manner. e. If subsurface bones or other potential fossils are found anywhere within the project site by construction personnel in the absence of a qualified paleontologist or paleontological monitor, the qualified paleontologist shall be notified immediately to assess their significance and make further recommendations. f. Fossil remains collected during monitoring and salvage shall be cleaned, sorted, and catalogued. Prepared fossils, along with copies of all pertinent held notes, photos, and maps, shall be deposited (as a donation) in a scientific institution with permanent paleontological collections such as the San Diego Natural History Museum. 12. Prior to building permit issuance, a final summary report outlining the results of the mitigation program shall be prepared by the qualified paleontologist and submitted to the Development Services Department for concurrence. This report shall include discussions of the methods used, stratigraphic section(s) exposed, fossils collected, and significance of recovered fossils, as well as appropriate maps. SCC The following Engineering - related conditions shall be completed and/or fulfilled to the satisfaction of the Development Services Department: 1. 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 Leucadia Blvd. property frontage, which includes the lines along the easterly subdivision boundary, as well as any utility lines running through the site or in an adjacent easement. 2. The applicant shall provide ADA compliant pedestrian curb ramps at the intersection of the Private Street and Leucadia Blvd. This may require the modification or reconstruction of some of the existing frontage improvements along Leucadia. Any and all public improvements that are damaged during construction shall be removed and replaced to the satisfaction of the City inspector. 3. Currently the property drains to the northwest corner across several other private properties before ultimately discharging to the hardened drainage system in the CalTrans right -of -way. Because of the existing cross lot drainage condition, the project shall provide 100yr -6hr stormwater detention while addressing the following council adopted requirement: "6.203.2 Greenhouses and the Coefficient of Runoff. Because greenhouse facilities are not a use requiring a permit, the construction of the greenhouse facilities would not have necessitated a drainage study or the construction of storm drain facilities to handle the runoff from the development if greenhouse facilities exist onsite and will be demolished as a part- - of - the- proposed development, the coefficient of runoff for the predevelopment condition shall assume an undeveloped condition, vacant land." 4. As shown, the project shall have one centralized, HOA maintained basin to capture, treat, and provide HMP flow control for all runoff generated onsite before discharging from the property. A stormwater quality treatment facility maintenance agreement shall be recorded against the property to ensure the maintenance of these facilities in perpetuity. The area of the basin shall be deed restricted as private stormwater treatment facility open space to preclude the future development, grading, placement of structures, etc. of this area. 5. Prior to approval of a grading plan or recordation of the Final Map, the owner of the subject property shall execute a hold harmless covenant regarding drainage across the adjacent property holding the City harmless for the existing and proposed drainage condition. 6. 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. 7. Contaminated soils are found on the site. The applicant shall open a Voluntary Assistance Program (VAP) case with County DEH to address the mitigation of the site. If onsite burial is proposed, the bounds of the burial pits shall be shown clearly on the grading plan. If this makes the plan cluttered or illegible, a separate key map shall be provided as part of the grading plan. Contaminated soil burial shall be limited to under public easements and/or private utility easements. The top of the contaminated soil entombment shall be 3' lower than the lowest utility or, or 7' below finished grade whichever is more. A delineating geotextile /geogrid layer shall be placed on the top of the entombment to forewarn any future excavation. Once completed, the limits of the burial shall be survey documented and a covenant shall be recorded against the property notifying future owners of the location of the buried material. Prior to commencement of any contaminated soil disturbing work the applicant shall provide public noticing in accordance with City standards. 8. The applicant shall grant to the City a Public Easement for Private Streets over the proposed private street. Additionally, a pedestrian access easement shall be reserved/granted over the proposed internal trail. 9. The Phase I Environmental Analysis identifies that there is potentially an existing abandoned septic tank/system on the property. As part of the grading operation the existing tank and lines shall be completely removed. 10. The existing greenhouse operation and structures include the City of Encinitas owned property at 750 Leucadia Blvd. (APN: 254 - 362- 12 -00) and the adjacent westerly portion of right -of -way. As a condition of this project, the applicant shall at a minimum remove all existing structures including the loading dock at the adjacent City-owned property. For erosion control purposes, the area of the site disturbed by the removal of structures shall be stabilized in a manner that ensures proper drainage and storm water quality. 11. The proposed stormdrain system includes a series of rear yard stormdrain pipes which encumber a large portion of the westerly rear yards. During grading plan review the applicant shall investigate alternate stormdrain designs to the satisfaction of the Development Services Department. The drainage easements shown on the Tentative Map may be modified accordingly to coincide with the final approved stormdrain design. SCD 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 a 2 -inch water meter. Upon development, each parcel shall be required to be individually metered. The owner may downsize the existing meter and apply capacity credit toward the installation of new meters. All meters receiving a capacity credit shall be paid for and installed at one time. Prior to map recordation, the owner shall provide the District with a written statement indicating which lots will receive capacity credits. 2. A hydraulic analysis shall be required for the proposed subdivision. The results of the analysis will dictate the approved design of the water system and determine the re- design of the existing water system. This analysis shall account for future development for the area. 3. The developer shall install the water system according to Water Agencies' (WAS) standards, and dedicate to the District the portion of the water system which shall be public. 4. The developer shall enter into a secured agreement with the District prior to map recordation. 5. The developer shall dedicate to the district all necessary easements for that portion of the water system which shall 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. 6. 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. Cost of relocation shall be the responsibility of the developer. The district shall require a minimum additional 5 feet from the outside of edge of pavement, or behind the curb for district facilities on the proposed private streets. Appurtenances shall not be placed in roadside ditches. 7. The developer shall be required to show all existing and proposed water facilities on improvement and/or grading plans for District Approval. 8. The developer shall be required to comply with the District's fees, charges, rules and regulations. 9. District Ordinance No. 94 -01 states that the use of potable water on landscaping areas may be deemed an unreasonable use where reclaimed water is available. Reclaimed water is available for this site. If feasible, the owner shall be required to install landscaping irrigation to reclaimed water standards in those areas that are common space and commonly maintained, obtain District approval, and connect to the reclaimed water system. Reclaimed water shall be used for grading operations where feasible. 10. Recycled water landscape and irrigation plans will need to be submitted to the District (along with San Elijo Joint Powers Authority and County of San Diego Department of Environmental Health) for review and approval. GENERAL CONDITIONS (ALL APPLICATION TYPES): G1 STANDARD CONDITIONS: CONTACT THE DEVELOPMENT SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): G4 Prior to building permit issuance, the owner shall cause a covenant regarding real property to be recorded. Said covenant shall set forth the terms and conditions of this grant of approval and shall be of a form and content satisfactory to the 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 building permit issuance and the Development Services Director 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. G7 Permits from other agencies will be required as follows: San Diego County Department of Environmental Health (DEH)- Voluntary Assistance Program 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 '/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. G9 A Mitigation Monitoring and Reporting Program (MMRP) as set forth in the Mitigated Negative Declaration herein referenced, shall be established and funded by the developer or property owner. The amount of funds necessary to implement the MMRP will be determined by the Development Services Department prior to issuance of any permits for the project. 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 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 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 l=ire Mitigation /Cost Recovery Fees. Arrangements to pay these fees shall be made prior to Final Map approval /building permit issuancelinitiating use in reliance on this permit 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. G16 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. G17 Parking lot layout shall meet the standards of the Municipal Code and the Off Street Parking Design Manual. 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. 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. G24 Any wall, fence or combination thereof exceeding six feet in height and facing any neighboring property or visible from the public right -of -way shall be subject to design review pursuant to Section 23.08.040.A.1 of the Encinitas Municipal Code. Where a minimum two feet 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 purpose of measuring height and may be exempted from design review provided none of the offset fences or walls exceed six feet in height pursuant to Section 23.08.030.6.1. 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. 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). 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. 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 Development Services Department. The property owner shall be responsible for the removal in a timely manner of any graffiti posted on such walls. SIGNS S1 Any signs proposed for this development shall be designed and approved in conformance with Encinitas Municipal Code Chapter 30.60. 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. TENTATIVE MAPS /PARCEL MAPS 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. M2 All project grading shall conform with the approved Tentative Map or Tentative Parcel Map. In cases where no grading is proposed at the time of the Tentative MaplTentative Parcel Map, or in cases where the grading plan later submitted is not consistent with the approved Tentative Map/Tentative Parcel Map, the applicant shall be required to obtain a design review permit for grading prior to issuance of grading permits. M6 Street names shall be approved by the City prior to the recordation of the final map, and street addresses shall be provided by the Development Services Department prior to the issuance of building permits. MODEL HOMES MH1 Model homes in a number not to exceed that necessary to provide an example of each dwelling type being offered may be allowed in accordance with 30.46.100 of the Municipal Code. That Section provides that building permits may not be issued for model homes until a final map has been recorded, or, in the alternative, that a final map has been submitted which the Engineering Services Director has determined to be in conformance with the approved tentative map and technically correct. In addition, that Section provides that prior to issuance of building permits for model homes, the applicant shall provide a site plan to the satisfaction of the Planning & Building Department, indicating, among other things, the location of the model homes and their relation to off - street parking, vehicular and pedestrian access, and existing and all known future development in surrounding areas. MH2 Model homes shall include at least one model designated as a "Water Efficient Landscape Model" in accordance with Section 23.26.110 of the Municipal Code, featuring elements such as hydrozones, irrigation equipment, and other elements which contribute to overall water efficiency pursuant to Chapter 23.26 of the Municipal Code. MH3 All sales maps that are distributed or made available to the public shall include but shall not be limited to trails, future and existing schools, parks, streets, and all other adjacent and all known future development. MH4 The developer shall provide a noise display board in the sales office to the satisfaction of the Planning & Building Director. The display shall include the site plan and applicable noise impact contours. MH5 Any use of a trailer coach as a temporary business /sales office shall comply with the provisions of Chapter 30.46 of the Municipal.-Code and shall be removed upon completion of the sales program. B1 BUILDING CONDITION(S): CONTACT THE ENCINITAS BUILDING DIVISION REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): B2R The applicant shall submit a complete set of construction plans to the Building Division for plancheck processing. The submittal shall include a Soils /Geotechnical Report, structural calculations, and State Energy compliance documentation (Title 24). Construction plans shall include a site plan, a foundation plan, floor and roof framing plans, floor plan(s), section details, exterior elevations, and materials specifications. Submitted plans must show compliance with the latest adopted editions of the California Building Code (The Uniform Building Code with California Amendments, the California Mechanical, Electrical and Plumbing Codes). These comments are preliminary only. A comprehensive plancheck will be completed prior to permit issuance and additional technical code requirements may be identified and changes to the originally submitted plans may be required. F1 FIRE CONDITIONS: CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING 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 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; 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 Mvinch NST outlets. Residential fire hydrants shall have one (1) 4 -inch NST outlet, and one (1) 2' /z -inch NST outlets. F13 ADDRESS NUMBERS: STREET NUMBERS: Approved numbers and/or addresses shall be placed on all new and existing buildings and at appropriate additional locations as to be plainly visible and legible from the street or roadway fronting the property from either direction of approach. Said numbers shall contrast with their background, and shall meet the following minimum standards as to size: four inches high with a '/z- inch stroke width for residential buildings, eight inches high with a '/� -inch stroke for commercial and multi - family residential buildings, 12 inches high with a one -inch stroke for industrial buildings. Additional numbers shall be required where deemed necessary by the Fire Marshal, such as rear access doors, building corners, and entrances to commercial centers. 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 ENGINEERING SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): E2 All City Codes, regulations, and policies in effect at the time of building /grading permit issuance shall apply. E3 All drawings submitted for Engineering permits are required to reference the NAVD 88 datum; the NGVD 29 datum will not be accepted. EG1 Grading Conditions EG3 The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. EG4 The grading for this project is defined in Chapter 23.24 of the Encinitas Municipal Code. Grading shall be performed under the observation of a civil engineer whose responsibility it shall be to coordinate site inspection and testing to ensure compliance of the work with the approved grading plan, submit required reports to the Engineering Services Director and verify compliance with Chapter 23.24 of the Encinitas Municipal Code. EG5 No grading shall occur outside the limits of the project unless a letter of permission is obtained from the owners of the affected properties. EG6 Separate grading plans shall be submitted and approved and separate grading permits issued for borrow or disposal sites if located within the city limits. EG7 All newly created slopes within this project shall be no steeper than 2:1. EG8 A soils/geological/hydraulic report (as applicable) shall be prepared by a qualified engineer licensed by the State of California to perform such work. The report shall be submitted with the first grading plan submittal and shall be approved prior to issuance of any grading permit for the project. EG9 Prior to hauling dirt or construction materials to any proposed construction site within this project the developer shall submit to and receive approval from the Engineering Services Director for the proposed haul route. The developer shall comply with all conditions and requirements the Engineering Services Director may impose with regards to the hauling operation. EG10 In accordance with Section 23.24.370 (A) of the Municipal Code, no grading permit shall be issued for work occurring between October 1st of any year and April 15th of the following year, unless the plans for such work include details of protective measures, including desilting basins or other temporary drainage or control measures, or both, as may be deemed necessary by the field inspector to protect the adjoining public and private property from damage by erosion, flooding, or the deposition of mud or debris which may originate from the site or result from such grading operations. 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 ED2 The owner shall exercise special care during the construction phase of this project to prevent any offsite siltation. The owner shall provide erosion control measures and shall construct temporary desiltationldetention basins of type, size and location 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 owner 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 by cash deposit and bonding in amounts and types suitable to the Engineering Services Director. ED2A An erosion control system shall be designed and installed onsite during all construction activity. The system shall prevent discharge of sediment and all other pollutants onto adjacent streets and into the storm drain system. The City of Encinitas Best Management Practice Manual shall be employed to determine appropriate storm water pollution control practices during construction. ED3 A drainage system capable of handling and disposing of all surface water originating within the project site, and all surface waters that may flow onto the project site from adjacent lands, shall be required. Said drainage system shall include any easements and structures required by the Engineering Services Director to properly handle the drainage. ED5 The owner shall pay the current local drainage area fee prior to issuance of the building permit for this project or shall construct drainage systems in conformance with the Master Drainage Plan and City of Encinitas Standards as required by the Engineering Services Director. ED6 The owner of the subject property shall execute a hold harmless covenant regarding drainage across the adjacent property prior to approval of the any grading or building permit for this project. ED8 The drainage system shall be designed to ensure that runoff resulting from a 100 -year frequency storm under developed conditions is equal to or less than the runoff from a storm of the same frequency and duration under existing conditions. Both 6 hour and 24 hour storm durations shall be analyzed to determine the detention basin capacities necessary to accomplish the desired results. ES1 Street Conditions ES3M The developer shall make an offer of dedication to the City for all public streets and easements required by these conditions or shown on the Tentative Map. The offer shall be made by a certificate on the Final Map for this project. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the City_ Streets that are already public are not required to be rededicated. ES4 Reciprocal access and/or maintenance agreements shall be provided ensuring access to all parcels over private roads, drives or parking areas and maintenance thereof to the satisfaction of the Engineering Services Director. ES5 Prior to any work being performed in the public right -of -way, a right -of -way construction permit shall be obtained from the Engineering Services Director and appropriate fees paid, in addition to any other permits required. 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 ESW2 Grading projects with a disturbed area of greater than 1 acre must also meet additional requirements from the State Water Resources Control Board (SWRCB). Those additional requirements include filing a Notice of Intent (NOI) and preparing a Stormwater Pollution Prevention Plan (SWPPP) for review and approval by the City. ESW5 The project must meet storm water quality and pollution control requirements. 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, or as otherwise approved to the satisfaction of the Development Services Department. 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.