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2018-72 - EGEncinitas DEVELOPMENT SERVICES DEPARTMENT NOTICE OF DECISION Development Services Department Project Name: Moores Garage/Workshop and Storage Addition Request: Construction of an oversized detached garage /workshop and storage area Discretionary Actions: CEQA Determination: DECISION: Project Number: DSD Number: Location: Minor Use Permit (MIN) EXEMPT APPROVED 18 -126 MIN 2018 -72 3452 Toscana Court Community: Olivenhain APN: 264- 223 -25 Applicant: Edward Moores Representative: Zain Rodriquez, Sweig General Contracting Project Planner: Andrew Maynard, Associate Planner, amaynard(cc-.encinitasca.gov Zoning Administrative Hearing December 11, 2018 Date: Report Approval: PROJECT DESCRIPTION ® Roy Sapa'u, City Planner The proposed project includes a request for a Minor Use Permit to construct a new oversized detached garage, workshop and storage area on a property developed with an existing single - family home and associated site improvements. The proposed combined detached uses are secondary to the primary use of the existing single- family residence. ITEM NAME: MOOREs GARAGE AND STORAGE ADDITION PROJECT NUMBER: 18 -126 MIN DECEMBER 11, 2018 The proposed project includes the following: • Construction of a detached garage /workshop consisting of 1,560 square feet on the second level and a storage area of 1,560- square feet on the first level located in the northeast portion of the property. Materials and colors for the detached structure include a red clay tile roof, light brown stucco, decorative wood trellis elements and window detailing consistent with the design of the existing single - family home. • The construction of a new paver and DG driveway for access to the first floor storage area. • The planting of nine new 10- gallon Sycamore trees across the west, north and east sides of the new detached structure for screening consistent with the Fire Department approved planting list within the High -Fire Severity Zone of Encinitas. PROJECT ANALYSIS Background The site currently has an existing 5,671 - square foot residence with an attached 970- square foot garage and an 800- square foot detached cabana on a 2.106 net acre site. The detached cabana was approved on March 7, 2000 with Case No. 99 -292 MIN (DCD- 2000 -019). The residence was constructed with Building Permit No. 97 -969 and the detached cabana with Building Permit No. 00 -127. Project Site Characteristics: General Plan: Rural Residential RR Specific Plan: None Zoning District: RR Zoning Overlay: Cultural /Natural Resources Overlay Zone Communi Character Context: Rural Residential Other Ke City Plan: None Notable State or Regional Plan and Law: None The site is developed with an existing single- family residence with an attached garage and a detached cabana on a 2.106 net acre site. The project site is located within the Rural Residential community character context. Rural Residential areas are primarily developed with single- family uses on very large lots with views to the foothills. Adjacent Area: Direction General Plan & Community Character Land Use Zonino District Context North Rural Residential; Rural Residential Single - f=amily Home RR South Rural Residential; Rural Residential Single - Family Home RR 2 of 14 ITEM NAME: MooR£s GARAGE AND STORAGE ADDITION PROJECT NUMBER: 18 -126 MIN DECEMBER11,2018 Direction General Plan & Community Character Land Use 91,737 square feet Zoning District Context East Rural Residential; Rural Residential Single- Family Home Rear Yard- 25 feet RR Yes ® No ❑ Interior Side Yard - 15 feet Exterior Side Yard - 15 feet West Rural Residential; Rural Residential Single - Family Home Yes 0 RR Height- 30 feet 28 feet, 11 inches The immediate surrounding area consists primarily of single- family homes. General Plan Consistency General Plan Land Use Designation /Policy Rural Residential Land Use Designation: Residential land uses in this category will be single- family detached units constructed at lower densities. This land use designation permits the construction of one dwelling unit with a minimum lot size of 43,560 square feet. Policy 1.12: The residential character of the City shall be substantially single- Policy 2.10: Development shall not be allowed prematurely, in that access, utilities, and services shall be available prior to allowina the development. Municipal Code Analysis Explanation of Project Conformance The single- family residential use and detached garage /workshop and storage area is consistent with the General Plan description of the Rural Residential designation as intended for uses including detached single - family homes. The proposed project will remain as a single - family residence with detached garage /workshop and storage area consistent with this policv. All services are available or are conditioned to be available as part of this project. Below is a table summarizing how the proposed project meets the applicable zoning standards for the RR Zone: Development Standard Project Proposed i Complies? Lot Area- 87,120 91,737 square feet Yes ® No ❑ Setbacks Front Yard- 30 feet 51 feet, 6 inches Yes ® No ❑ Rear Yard- 25 feet 189 feet, 7 inches Yes ® No ❑ Interior Side Yard - 15 feet Exterior Side Yard - 15 feet Interior Side Yard Setback - 202 feet, 5 inches Exterior Side Yard Setback - 72 feet, 3 inches Yes ® No Yes ® No ❑ Lot Coverage- 40 percent 9.8 percent Yes 0 No ❑ Height- 30 feet 28 feet, 11 inches Yes ® No ❑ Parking- 2 enclosed parking spaces; 1 additional enclosed or unenclosed parking space 6 enclosed parking spaces Yes ® No ❑ 3of14 ITEM NAME: MOOREs GARAGE AND STORAGE ADDITION PROJECT NUMBER: 18 -126 MIN DECEMBER 11, 2018 Minor Use Permit Pursuant to EMC section 30.48.040G1, the area of any detached accessory structure and detached private garage, shall not exceed 1,200 square feet or 50 percent of the living area of the primary residence, whichever is less. However, additional area and height may be authorized upon issuance of a Minor Use Permit. The project proposes a detached garage/workshop consisting of 1,560 square feet on the second floor and a storage area of 1,560 square feet on the first floor. The existing 800 - square foot cabana onsite today will remain. Together, the detached garage/workshop, storage area and existing cabana structures total 3,920 square feet, which exceeds 50 percent of the living area of the residence. In addition, the 1,560- square foot garage exceeds the 1,000 maximum allowed area for a detached garage. The addition of the detached garage/workshop and storage on the northeast portion of the site is compatible with the surrounding neighborhood character. The proposed structure is located approximately 170 feet from a single- family residence to the east and 250 feet to the most adjacent residence to the south. The lower floor of the two -story structure is buried on one elevation and partially buried on two other sides of the structure. Additionally, abundant screening with the use of trees is proposed on three sides of the structure. The accessory use is subordinate to the existing single- family residence as a secondary use to the property, as discussed further in the findings below. PUBLIC NOTICE AND PARTICIPATION Citizen Participation Program A Citizen Participation Program (CPP) meeting was held on July 7, 2018, at the project site. Fourteen members of the public attended the meeting in addition to the project applicant. Concerns raised included: the bulk and mass of the structure, height of the structure, the appearance of the north elevation, landscape screening, garage doors, and a general question was raised about the use of the new access driveway. The applicant has coordinated with the neighbors to reduce the size of the building, reduced the plate height, added windows, trellises and other architectural elements, and provided screen trees on three sides of the structure. The access has been clarified to all CPP attendees for easier ingress and egress to the lower level storage area. Public Notice The Notice of Pending Action on the Minor Use Permit and Coastal Development Permit was mailed on November 29, 2018, to all property owners and occupants within 500 feet of the project site and to anyone who requested such notice in writing, in compliance with Encinitas Municipal Code Sections 30.01.070 and 30.80.080 and Government Code Sections 65090, 65091 and 65092, as applicable. Additionally, as a courtesy, the notice was posted at City Hall and on the Development Services Department's Internet site under "Public Notices" and via e- Project Source. 4of14 ITEM NAME: MOORES GARAGE AND STORAGE ADDITION PROJECT NUMBER: 18 -126 MIN DECEMBER 11, 2018 Administrative Hearing An Administrative Hearing was held pursuant to EMC Section 30.08.080 for consideration of the Minor Use Permit and Coastal Development Permit request on Tuesday, November 13, 2018, at 5 p.m. in the Council Chambers. Staff, the applicant's representatives and three neighbors attended the administrative hearing. An adjacent neighbor located on 3451 Toscano Court raised concerns regarding a temporary storage container located onsite, the removal of a railing adjacent to Wishbone Way and the storage of vehicles within an existing orchard on the northerly portion of the property. Additionally, a request was made from the neighbors for additional landscape screening within the orchard and around the perimeter of the proposed detached garage and storage area. Both the neighbors and applicant's representative agreed to the language in the added Conditions SCA-4, SCA -5 and SCA -6 to address all of these issues during the building permit process and construction process. No other concerns were raised at the public hearing. ENVIRONMENTAL CONSIDERATIONS The applicant is proposing the construction of a detached oversized garage/workshop and storage area. The project has been determined to be exempt from environmental review pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15303(e). Section 15303(a) exempts from environmental review the construction of a new detached garage/workshop and storage area. No historic resources are affected by the demolition work proposed with the project. None of the exceptions in Section 15300.2 exist. DISCUSSION The proposed project is in conformance with the goals and policies of the General Plan and Chapters 30.16 (Residential Zone) and 30.48 (Accessory Structures) of the Encinitas Municipal Code. The project meets all of the applicable development standards for the RR Zone, include size of the structure with the issuance of the Minor Use Permit. FINDINGS Based on the findings for a Minor Use Permit per Encinitas Municipal Code Section 30.74.070 and the aforementioned analysis, the Development Services Director has made the following findings to support the approval, with conditions: Findings for Minor Use Permit Explanation of Finding 1. The location, size, design or operating The site is surrounded by previously characteristics of the proposed project will developed properties. The proposed project is be incompatible with or will adversely affect compatible with the surrounding structures and or will be materially detrimental to adjacent uses. All public utilities are in place to serve uses, residences, buildings, structures or the proposed project. natural resources, with consideration given to, but not limited to: a. The inadequacy of public facilities, services and utilities to serve the proposed project. 5 of 14 ITEM NAME: MOOREs GARAGE AND STORAGE ADDITION PROJECT NUMBER: 18 -126 MIN DECEMBER 11, 2018 Findin s for Minor Use Permit Ex ianation of Findinig b. The unsuitability of the site for the type The site's suitability for the proposed and intensity of use or development, development has been analyzed and it has which is proposed. been determined to meet all applicable development standards of the RR Zone. The addition of detached garage/workshop and storage area through a Minor Use Permit was found to be subordinate or secondary in nature to the existing single - family use and meets the RR zoning development standards as per Encinitas Municipal Code Chapter 30.48 (Accessory Use Regulations) for detached structures such as the garage/workshop. The overall bulk and mass of the garage/workshop and storage area has been minimized by a portion of the lower floor underground, architectural elements and abundant proposed landscape screening. c. The harmful effect, if any, upon No environmental issues are associated with environmental quality and natural the project, and the project is exempt from resources of the city. environmental review pursuant to California Environmental Quality Act Guidelines Section 15303(e). The project meets all of the criteria for the exemption. Therefore, the project will not have a harmful effect upon environmental quality or natural resources. 2. The impacts of the proposed project will The proposed project, as conditioned, is adversely affect the policies of the consistent with the policies of the General Encinitas General Plan or the provisions of Plan, and applicable provisions of the this Code; or Encinitas Municipal Code. The new garage/workshop with storage area will be consistent with the established character of the community. The project meets all the development standards of the RR Zone, as authorized through the Minor Use Permit provisions for detached structures noted in Chapter 30.48 (Accessory Use Regulations), including setbacks, lot coverage, parking and building height. 3. The project fails to comply with any other The project, as conditioned, demonstrates regulations, conditions or policies imposed compliance with the applicable policies of the by this Code. General Plan and the zoning standards for the RR Zone outlined in the Municipal Code. 6of14 ITEM NAME: MOORES GARAGE AND STORAGE ADDITION PROJECT NUMBER: 18 -126 MIN DECEMBER 11, 2018 CONCLUSION The Development Services Department has determined that the Minor Use Permit application and plans is consistent with the City's Encinitas Municipal Code. The construction of a new detached garage /workshop and storage structure as accessory uses to an existing single - family home is consistent with the General Plan Land Use Designation and applicable General Plan policies, and all applicable development standards for the RR Zone as allowed through a Minor Use Permit, as noted in the provisions of Chapter 30.48 (Accessory Use Regulations). Therefore, the project is hereby approved based upon the aforementioned findings and subject to the following conditions of approval. CONDITIONS OF APPROVAL SPECIFIC CONDITIONS: SC2 At any time after two years from the date of this approval, on December 11, 2020 at 5 p.m., or the expiration date of any extension granted in accordance with the Municipal Code, the City may require a noticed public hearing to be scheduled before the authorized agency to determine if there has been demonstrated a good faith intent to proceed in reliance on this approval. If the authorized agency finds that a good faith intent to proceed has not been demonstrated, the application shall be deemed expired as of the above date (or the expiration date of any extension). The determination of the authorized agency may be appealed to the City Council within 15 days of the date of the determination. SC6 This project is conditionally approved as set forth on the application and project drawings stamped received by the City on November 15, 2017, consisting of seven sheets including coversheet, site plan, floor plans (2 Sheets), roof plan and exterior elevations (2 Sheets), all designated as approved by the Development Services Director on December 11, 2018, and shall not be altered without express authorization by the Development Services Department. SCA The following conditions shall be completed /fulfilled to the satisfaction of the Development Services Department: 1. The applicant shall provide permanent post construction storm water quality treatment BMP facilities to collect and treat all runoff generated by all new and/or removed and replaced impervious surfaces including the building footprint, driveway, hardscape, etc. prior to discharge from the site. The Minor Use Permit (MIN) site plan does not adequately address this requirement; therefore, the BMPs shall be designed, sized, and approved as part of the building plan approval. Generally, a bioretention basin facility shall be provided and sized to four percent of the impervious surface draining to it. The facility shall be designed with an overflow feature to safely convey runoff to the existing onsite drainage facilities. 2. The "Standard Project SWQMP and Storm Water Intake Form" that was provided with the MIN application is not completely filled out. Prior to issuance of a building permit, the applicant shall provide a completed Standard SWAMP to be reviewed by the Engineering Division. 7of14 ITEM NAME: MOOREs GARAGE AND STORAGE ADDITION PROJECT NUMBER: 18 -126 MIN DECEMBER 11, 2018 3. The application proposes excavation for the construction of the proposed structure. Per Encinitas Municipal Code, excavation under a building footprint is exempt from a grading permit as long as the material is hauled offsite and not placed on the property. If the material is to be placed onsite or if remedial grading is required, then a grading permit may be required. 4. The applicant shall remove the existing temporary storage container offsite and reset the ranch rail fencing prior to the Planning Division final inspection of the project. 5. Storage use /structures or parking of vehicles within the remaining orchard area located on the northern portion of the site shall be prohibited. 6. The applicant shall submit a detailed landscape plan for review and approval with the Building Permit. The plan shall detail new trees that were removed along the northerly fence adjacent to Wishbone Way, and shall include additional screening with shrubs adjacent to the lower level where it has open exposed walls to the satisfaction of the Planning Division. All trees and vegetation shall be planted prior to the Planning final inspection. 7. Prior to building permit issuance, a covenant regarding real property shall be recorded to the satisfaction of the Development Services Department regarding the detached accessory structure providing that compliance with the following conditions shall be maintained: a. The detached garage/workshop and storage accessory structure shall not be utilized in any manner inconsistent with Title 30 (Zoning Regulations) as set forth in the Encinitas Municipal Code. b. The detached garage/workshop and storage accessory structure shown on the approved plans shall not function as a separate dwelling unit and may not be used as such without prior City approval. c. The approved structure shall not be enlarged or altered in any way without prior City approval, subject to the findings for substantial conformance with a use permit contained in Section 30.74.105 of the Municipal Code. SCB The following conditions shall be completed to the specification of the Fire Department: 1. All skylights shall be tempered to the satisfaction of the Fire Department. 2. All landscaping shall be on an approved fire resistive list to the satisfaction of the Fire Department. SCC Prior to the issuance of the building permit, the applicant shall submit plans to the Leucadia Wastewater District for review and approval with all necessary materials and fees. 8 of 14 ITEM NAME: MOOREs GARAGE AND STORAGE ADDITION PROJECT NUMBER: 18 -126 MIN DECEMBER 11, 2018 G1 STANDARD CONDITIONS: CONTACT THE DEVELOPMENT SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): G2 This approval may be appealed to the City Council within 15 calendar days from the date of this approval in accordance with Chapter 1.12 of the Municipal Code. 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, 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. 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. 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. 9of14 ITEM NAME: MOORES GARAGE AND STORAGE ADDITION PROJECT NUMBER: 18 -126 MIN DECEMBER 11, 2018 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 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. 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 structures 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.B.1. 10 of 14 ITEM NAME: MOOREs GARAGE AND STORAGE ADDITION PROJECT NUMBER; 18 -126 MIN DECEMBER 11, 2018 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. USE PERMITS U2 In the event that any of the conditions of this permit are not satisfied, the Development Services Department shall cause a noticed hearing to be set before the authorized agency to determine whether the City of Encinitas should revoke this permit. U3 Upon a showing of compelling public necessity demonstrated at a noticed hearing, the City of Encinitas, acting through the authorized agency, may add, amend, or delete conditions and regulations contained in this permit. U4 Nothing in this permit shall relieve the applicant from complying with conditions and regulations generally imposed upon activities similar in nature to the activity authorized by this permit. U5 Nothing in this permit shall authorize the applicant to intensify the authorized activity beyond that which is specifically described in this permit. U7 Any future modifications to the approved project will be reviewed relative to the findings for substantial conformance with a use permit contained in Section 30.74.105 of the Municipal Code. Modifications beyond the scope described therein will require submittal of an amendment to the use permit and approval by the authorized agency. U8 All project grading shall conform with that shown on the approved project 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 use permit modification for such grading shall be obtained from the authorized agency of the City prior to issuance of grading or building permits. B1 BUILDING CONDITION(S): CONTACT THE DEVELOPMENT SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION: B2R The applicant shall submit a complete set of construction plans to the Development Services Department for building permit 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 Califomia Building Code (The Uniform Building Code with California Amendments, the 11 of 14 ITEM NAME: MOOREs GARAGE AND STORAGE ADDITION PROJECT NUMBER: 18 -126 MIN DECEMBER 11, 2018 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 FIRE DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): 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. Fib FIRE RESISTIVE CONSTRUCTION REQUIREMENTS FOR WILDLANDIURBAN INTERFACE AREAS: Structures shall meet all wildland /urban interface standards to the satisfaction of the Fire Department. Structures shall comply with current California Building Code Chapter 7A. 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 build inglgrading 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 EG14 A grading permit shall be obtained for this project unless the proposed grading is exempt under section 23.24.090 of the Municipal Code. If the proposed grading is exempt from permit requirement, the Owner shall provide a precise site plan prior to approval of a building permit. The building site plan shall provide design for drainage improvements, erosion control, storm water pollution control, and on -site pavement. ED1 Drainage Conditions ED2A An erosion control system shall be designed and installed onsite during all construction activity. The system shall prevent discharge of sediment and all other pollutants onto adjacent streets and into the storm drain system. The City of Encinitas Best Management Practice Manual shall be employed to determine appropriate storm water pollution control practices during construction. 12 of 14 ITEM NAME: MOOREs GARAGE AND STORAGE ADDITION PROJECT NUMBER: 18 -126 MIN DECEMBER 11, 201$ 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 Development 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 Development Services Director. ES1 Street Conditions ES5 Prior to any work being performed in the public right -of -way, a right -of -way construction permit shall be obtained from the Development Services Director and appropriate fees paid, in addition to any other permits required. EW Utilities 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 ESW5 The project must meet storm water quality and pollution control requirements. The applicant shall design and construct landscape and/or turf areas and ensure that all flows from impervious surfaces are directed across these areas prior to discharging onto the street. A Permit Site Plan identifying all landscape areas designed for storm water pollution control (SWPC) and Best Management Practice shall be submitted to the City for Development Services Department approval. A note shall be placed on the plans indicating that the modification or removal of the SWPC facilities without a permit from the City is prohibited. ESW9 For storm water pollution control purposes, all runoff from all roof drains shall discharge onto grass and landscape areas prior to collection and discharge onto the street and /or into the public storm drain system. 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 Permit Site plan. DISCLOSURES This notice constitutes a decision of the Development Services Department only for the discretionary entitlement. Additional permits, such as Building and Grading Permits, may be required by the Development Services Department or other City Departments. It is the property owner's and applicant's responsibility to obtain all necessary permits required for the type of project proposed. 13 of 14 ITEM NAME: MOOREs GARAGE AND STORAGE ADDITION PROJECT NUMBER: 18 -126 MIN DECEMBER 11, 2018 In accordance with the provisions of Municipal Code Section 1.12, the decision of the Development Services Department may be appealed to the City Council within 15 calendar days of the date of this determination. The appeal must be filed, accompanied by a $300 filing fee, prior to 5:00 pm on the 15'' calendar day following the date of this Notice of Decision. Any filing of an appeal will suspend this action as well as any processing of permits in reliance thereon in accordance with Encinitas Municipal Code Section 1.12.020(D)(1) until such time as an action is taken on the appeal. The action of the Development Services Department may not be appealed to the Coastal Commission. SIGNATURE 14 of 14