2019-04 (EG)RESOLUTION NO. PC 2019 -04
A RESOLUTION OF THE CITY OF ENCINITAS PLANNING COMMISSION APPROVING A
VARIANCE, DESIGN REVIEW PERMIT AND COASTAL DEVELOPMENT PERMIT FOR THE
CONSTRUCTION OF A TWINHOME WITH ENCROACHMENTS INTO THE NORTH AND
INTERIOR SIDEYARD SETBACKS AND FOR THE ASSOCIATED SITE IMPROVEMENTS
INCLUDING A CONSTRUCTION TRAILER, GRADING, WALLS, AND LANDSCAPING
LOCATED AT 2155 MANCHESTER AVENUE
CASE NO. 14 -287 DRN /CDP (APN: 261- 062 -07)
WHEREAS, Ali Hosseni submitted an application for a Variance, Design Review Permit
and Coastal Development Permit for a twinhome development with a four -foot, one -inch
northlery side yard setback and zero side yard setback setback on the interior shared property
line, and associated site improvements including a construction trailer, grading, walls and
landscaping, for a project located at 2155 Manchester Avenue, legally described in Exhibit A;
and
WHEREAS, the Planning Commission conducted duly noticed public hearings on May 3,
2018, January 17, 2019 and February 7, 2019;
NOW, THEREFORE, BE IT RESOLVED that the Encinitas Planning Commission
hereby APPROVES Case No. 14 -287 DRN /CDP based on the following Environmental
Determination and Findings:
Section 1. California Environmental Quality Act Determination
It has been determined that the proposed project is exempt from environmental review pursuant
to Sections 15301 (1)(1) and 15303(b) of the CEQA Guidelines. Section 15301 (1)(1) allows for
the demolition of an existing single - family residence. Section 15303(b) exempts from
environmental review the construction of a duplex or similar multi - family residential structure,
totaling no more than four dwelling units. The proposed twinhame development meets the
exemption criterion. None of the exceptions in Section 15300.2 exist and no historical resources
will be impacted by the proposed development_
Section 2. Discretionary Action(s) Findings
Based on findings for a Variance as per Encinitas Municipal Code Section 30.78.030
(Variance), and the aforementioned analysis, the Planning Commission has made the
following findings to support the approval:
Findings for Variance
Explanation of Finding
1. A variance from the terms of the zoning
Due to the physical characteristics of the
regulations shall be granted only when,
property, the north side and, common property
because of the special circumstances
line Variances can be supported due to the
applicable to the property, including size,
substandard width (25 feet) of each applicable
shape, topography, location or
lot. This includes constructing a standard sized
surroundings, the strict application of the
two -car garage (side by side) accessing off the
zoning regulations deprives such property
alley for each residence in the required
of privileges enjoyed by other property in
setbacks of 5 feet on each side. Additionally,
the vicini ty and under identical zoning
numerous twinhomes have been constructed
Page 1 of 15
Findings for Variance
Explanation of Finding
classification.
with the same or similar Variance requests on
this portion of Manchester, due to the same
development constraints. The project is
requesting the same twinhome development
standards enjoyed by other properties in the
vicinity.
2. Any variances granted shall be subject to
Similar Variance requests on this portion of
such conditions as will assure that the
Manchester have been granted, due to the
adjustment thereby authorized will not
same development constraints and physical
constitute a grant of special privileges
characteristics of the property. The project is
inconsistent with the limitations upon other
requesting the same twinhome development
properties in the vicinity and zone in which
standards enjoyed by other properties in the
such property is situated.
vicinity.
4. No variances shall be granted if the
inability to enjoy the privilege enjoyed by
other property in the vicinity and under
identical zoning classification:
a. Could be avoided by an alternate
a. The existing easement of location of the
development plan; which would be of
shoring wall, basement wall and building
less significant impact to the site and
wall at or adjacent to the existing sewer
adjacent properties than the project
easement line, will prevent proper service
requiring a variance.
of the sewer line in the future. The
Specific Condition of Approval SCA2 will
insure that long term maintenance can be
accomplished within the southerly five -foot
setback applicable to the site.
Variance requests attaching the twin
home on the common property line is
consistent throughout the
b. Is self- induced as a result of an action
b. The variance request is self- induced in
taken by the property owner or the
that there is an alternative to place the
owner's predecessor.
shoring wall, basement wall and building
wall on the south portion of the proposed
southerly building wall, five feet back from
the southerly property line (consistent with
the R -15 Zone).
c. Would authorize or legalize the
c. The variance if granted could create a
maintenance of any private or public
public and private nuisance in not allowing
nuisance.
proper access to maintain the public
sewer main along the south side yard of
the project site.
Page 2 of 15
Based on the findings for a Design Review Permit as per Encinitas Municipal Code
Section 23.08.080 (Design Review) and the aforementioned analysis, the Planning
Commission has made the following findings to support the approval, with conditions:
Finding for Desi n Review
Explanation of Finding
a. The project design is inconsistent with the
The project is consistent with the General Plan
General Plan, a Specific Plan or the
and Municipal Code. The project is not located
provisions of this Code.
in a Specific Plan area. The community
character is maintained while allowing
creativity in architectural design and site
improvements. All development standards of
the R -15 Zone have been met with the
allowance of the variance requests into the
north side yard and interior side yards to
attach the building on the common property
line.
b. The project design is substantially
The project is consistent with the Design
inconsistent with the Design Review
Guideline recommendations as it relates to the
Guidelines.
building design, reduction of bulk and scale,
colors and materials, architectural character and
detailing and landscaping. The design includes
a contemporary architectural theme and color
scheme with high - quality building materials and
enhanced wall materials that all contribute to the
high - quality project design.
c. The project would adversely affect the
No evidence has been submitted or discovered
health, safety, or general welfare of the
that would suggest that the proposed project
community.
would adversely affect the surrounding
neighborhood or community. All services and
infrastructure are available and provided as
required under this permit to serve the subject
property. The project is exempt from the
requirements of CEQA. No adverse impact to
the environment, or to the public health, safety
or welfare, is anticipated
d. The project would tend to cause the
The design of the proposed project is
surrounding neighborhood to depreciate
compatible with the surrounding structures and
materially in appearance or value.
uses. The proposed project and site
improvements include high - quality materials
that complement the existing surrounding
developments. No evidence has been
identified or received that would suggest that
the proposed project would cause the
surrounding neighborhood to depreciate
materially in appearance or value.
Page 3 of 15
Based on the findings for a Coastal Development Permit as per Encinitas Municipal Code
Section 30.80.090 (Coastal Development Permit) and the aforementioned analysis,
Planning Commission has made the following findings to support the approval, with
conditions:
Finding for a Coastal Development Permit
Explanation of Finding
1. The proposed project is consistent with the
The project conforms to the Municipal Code
certified Local Coastal Program of the City
and policies of the General Plan. The project
of Encinitas.
as proposed complies with applicable
development standards for the subject R -15
Zone.
2. The proposed development conforms with
The project is determined to be exempt from
Public Resources Code Section 21000 and
environmental review.
following (CEQA) and that there are no
feasible mitigation measures or feasible
alternatives available which would
substantially lessen any significant adverse
impact that the activity may have on the
environment.
3. For projects involving development
The project site is located on Manchester
between the sea or other body of water
Avenue, which is not between the first public
and the nearest public road, approval shall
road and the sea.
include a specific finding that such
development is in conformity with the
public access and public recreation
policies of Section 30200 et seq. of the
Coastal Act.
The 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 -287 V/DR /CDP is
hereby approved, based on the findings above.
Page 4 of 15
PASSED AND ADOPTED this 7'" day of February, 2019, by the following vote, to wit:
AYES: Doyle, Ehlers, O'Grady
NOES: None
ABSTAIN: None
ABSENT: Apuzzo _
ATTEST: ichael Glenn O'Grady air
'u�City Planner
reta
NOTE:hls action is subject to Chapter 1.04 of the Municipal Code, which specifies time limits
for legal challenges.
Page 5 of 15
EXHIBIT "A"
Resolution No. PC 2419 -04
Case No. 14 -287 WDR /CDP
LEGAL DESCRIPTION
That certain real property located in the City of Encinitas, County of San Diego, State of
California, more particularly described as follows:
Lots 33 and 34 in Block 29 of Cardiff, in the City of Encinitas, in the County of San
Diego, State of California, according to Map thereof No.1298, filed in the Office of the
County Recorder of San Diego County, November 14, 1910.
Page 6 of 15
EXHIBIT "B"
Resolution No. PC 2019 -04
Case No. 14 -297 WDR/CDP
Applicant: Ali Hosseni
Location: 2155 Manchester Avenue (APN: 261- 062 -07)
SC1 SPECIFIC CONDITIONS:
SC2 At any time after two years from the date of this approval, on February 7, 2021 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.
SC5 This project is conditionally approved as set forth on the application and project drawings
stamped received by the City on January 15, 2019, consisting of 14 sheets including a
cover sheet, Site Plan/Preliminary Grading Plan (Sheet 1), Perspective Rendering (Sheet
A -1), Basement Plan (Sheet A -2), Floor Plans (Sheets A -3 and A -4), Roof Plan (Sheet A-
5), Elevations (Sheets A -6, A -7, A -8 and A -9), Sections (Sheet A -10), Site Photos (Sheet a-
11), Materials/Colors (Sheet A -12) and Landscape Plans (Sheets A -13, A -14 and A -15), all
designated as approved by the Planning Commission on February 7, 2019, 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:
1. As shown on the DRN /CDP site plan, the applicant shall provide permanent post
construction bioretention BMPs to collect and treat all runoff generated by new
and /or removed and replaced impervious surfaces. The final design and sizing shall
be approved on the project's grading plan.
2. There is an existing four -foot wide Public Sewer Easement with a nearly 60 year old
10 -inch Vitrified Clay Pipe sewer trunk main that services a large portion of Cardiff
that traverses the southern portion of the property. The applicant shall dedicate to
the City of Encinitas an additional Public Sewer Easement subject to the City's
standard terms and conditions, or other instrument satisfactory to the City, on the
south side of the property to ensure a minimum easement width of five feet. Any
disturbance due to excavation adjacent to this pipe may result in a catastrophic
failure. Due to the proximity of the excavation of the basement to the existing VCP
sewer main the applicant shall line the sewer main to the satisfaction of the City prior
to the start of onsite construction to ensure its structural integrity is maintained. A
comprehensive construction plan shall be required as part of the grading plan to
ensure the absolute preservation of this sewer main. No structures including
retaining walls shall be allowed within the five feet wide sewer easement without
approval by the City and recordation of an Encroachment Maintenance and Removal
Agreement. Only minor at grade surface improvements such as hardscape, deck, or
fence wall shall be permitted. The proposed basement walls, including the temporary
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shoring, shall not encroach into the required five feet wide sewer easement and/or
setback on the south edge of the property.
3. Prior to approval of a building permit, the applicant shall be responsible for the
construction of public improvements along the property frontage to Manchester
Avenue and the public alley. The existing curb, gutter, sidewalk and driveway shall
be demolished and replaced with new curb, gutter and sidewalk built to standard. in
addition, the adjacent half of the street shall be grind and overlaid with any damaged
portion of AC pavement sawcut and replaced. The existing curb inlet to the south
shall be protected in- place. A cross section shall be provided on the grading plan.
4. The existing alley shall be improved to full width asphalt paving with a minimum
section of four -inch AC over six -inch Class II base with a three -foot wide concrete
gutter down the center along the entire property frontage. The alley shall be sloped
to the center of the gutter. Public drainage currently drains onto private property at
the northerly corner of the property. A catch basin and private drainage system shall
be designed to accept the drainage and convey it to Manchester Avenue. As shown,
the project proposes a private drain line to be located on the adjacent northerly
property. The applicant shall obtain this private drainage easement prior to approval
of the grading plan, or the stormdrain line shall be relocated to this subject property.
5. An Encroachment Maintenance and Removal Agreement shall be executed and
notarized to ensure the perpetual maintenance of the private facilities in the public
right -of -way including the private drainage system. Additionally, the applicant shall
execute and record a covenant against the property holding the City Harmless for
Drainage prior to issuance of a grading or building permit.
6. The existing survey monuments, if any, shall be referenced on the site plan and shall
be protected in- place. If any monument is disturbed or destroyed 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 occupancy.
SCB 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 518 -inch water meter. The
applicant shall upgrade the existing water meter at his /her expense. All water meters
shalt be located in front of the parcel they are serving and outside of any existing or
proposed travel way. SDWD recommends having one water meter serving each unit
for billing clarity and water conservation.
2. The applicant shall install the water system according to Water Agencies' (WAS)
standards, and dedicate to SDWD the portion of the water system which is to be
public.
3. The owner /applicant shall be required to show all existing and proposed water
facilities on improvement or grading plans for SDWD approval.
4. The applicant shall comply with all SDWD fees, charges, rules and regulations.
Page 8 of 15
5. Per California Water Code Section 537 et seq., all newly constructed multiunit
residential structures or newly constructed mixed -use residential and commercial
structures, for which an application for one or more water service connections are
submitted after January 1, 2018, shall measure the quantity of water supplied to
each individual unit, unless exempt under the applicable law. The measurement may
be individual meters or sub - meters.
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 grading permit issuance, the owner shall cause a covenant regarding real
property to be recorded. Said covenant shall set forth the terms and conditions of this grant
of approval and shall be of a form and content satisfactory to the Development Services
Director. The Owner(s) agree, in acceptance of the conditions of this approval, to waive
any claims of liability against the City and agrees to indemnify, hold harmless and defend
the City and City's employees relative to the action to approve the project.
G5 The Owner(s) shall waive any claims of liability against the City and indemnify, hold
harmless and defend the City and City's employees regarding any component of the City's
approval, by executing an indemnity agreement in substantially the form as provided by the
Development Services Department prior to grading/bu[[ding 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 1/2 in. x 11 in.) copy of the site plan and elevations depicting the exact
point(s) of certification. The engineer /surveyor shall contact the Development Services
Department to identify and finalize the exact point(s) to be certified prior to conducting the
survey.
G11 All retaining and other freestanding walls, fences, and enclosures shall be architecturally
designed in a manner similar to, and consistent with, the primary structures (e.g. stucco -
coated masonry, split -face block or slump stone). These items shall be approved by the
Development Services Department prior to the issuance of building and/or grading permits.
G12 All roof- mounted equipment and appurtenances, including air conditioners and their
associated vents, conduits and other mechanical and electrical equipment, shall be
architecturally integrated, and shall be shielded from view and sound buffered to the
satisfaction of the Development Services Department. Note: All rooftop equipment
shall be assumed visible unless demonstrated otherwise to the satisfaction of the
Development Services Department, and adequate structural support shall be
Page 9 of 15
incorporated into building design. Rooftop vent pipes shall be combined below the roof,
and shall utilize decorative caps where visible from any point. Ground - mounted
mechanical and electrical equipment shall also be screened through use of a wall, fence,
landscaping, berm, or combination thereof to the satisfaction of the Development Services
Department. All exterior accessory structures shall be designed to be compatible with the
primary building's exterior to the satisfaction of the Development Services Department.
G13 Prior to any use of the project site pursuant to this permit, all conditions of approval
contained herein shall be completed or secured to the satisfaction of the Development
Services Department.
G14 The applicant shall pay development fees at the established rate. Such fees may include,
but not be limited to: Permit and Plan Checking Fees, Water and Sewer Service Fees,
School Fees, Traffic Mitigation Fees, Flood Control Mitigation Fees, Park Mitigation Fees,
and Fire Mitigation/Cost Recovery Fees. Arrangements to pay these fees shall be made
prior to 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.
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.B.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
Page 10 of 15
F1
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).
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.
DR2 Side and rear elevations and window treatments shall be trimmed and architecturally
treated so as to substantially match the front elevations. This treatment shall be reflected in
building plans and shall be found satisfactory by the Development Services Department
prior to the issuance of building permits.
DR3 All project grading shall conform with the approved plans. If no grading is proposed on the
approved plans, or subsequent grading plans are inconsistent with the grading shown on
the approved plans, a design review permit for such grading shall be obtained from the
authorized agency of the City prior to issuance of grading or building permits.
FIRE CONDITIONS:
CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE WITH THE
FOLLOWING CONDITIONS:
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
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75,000 pounds and shall be provided with an approved paved surface to provide all -
weather driving capabilities.
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.
F10 OBSTRUCTION OF ROADWAYS DURING CONSTRUCTION: All roadways shall be a
minimum of 24 feet in width during construction and maintained free and clear, including
the parking of vehicles, in accordance with the California Fire Code and the Encinitas
Fire Department.
F13 ADDRESS NUMBERS: STREET NUMBERS: Approved numbers and /or addresses
shall be placed on all new and existing buildings and at appropriate additional locations
as to be plainly visible and legible from the street or roadway fronting the property from
either direction of approach. Said numbers shall contrast with their background, and
shall meet the following minimum standards as to size: four inches high with a 'h- inch
stroke width for residential buildings, eight inches high with a '/z -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.
F22 Basement:
1. All basements shall be designed and equipped with emergency exit systems
consisting of operable windows, window wells or exit door that's leads directly
outside via staircase and exit door or exit door at grade.
2. Window wells /Light wells that intrude into side yard or backyard setbacks of
five feet or less, shall require a hinged grating covering the window
well /lightwell opening. The grating shall be capable of supporting a weight of
2501b person; yet must be able to be opened by someone of minimal strength
with no special knowledge, effort or use of key or tool. Any modification of
previously approved plans related to this condition shall be subject to re-
submittal and review by City staff (Fire, Building, Planning).
?age 12 of 15
61 BUILDING CONDITION(S):
CONTACT THE DEVELOPMENT SERVICES DEPARTMENT REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITION(S):
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 SoilslGeotechnical Report, structural calculations, and State Energy compliance
documentation (Title 24). Construction plans shall include a site plan, a foundation plan,
floor and roof framing plans, floor plan(s), section details, exterior elevations, and materials
specifications. Submitted plans must show compliance with the latest adopted editions of
the California Building Code (The Uniform Building Code with California Amendments, the
California Mechanical, Electrical and Plumbing Codes). These comments are preliminary
only. A comprehensive plancheck will be completed prior to permit issuance and additional
technical code requirements may be identified and changes to the originally submitted
plans may be required.
E1 ENGINEERING CONDITIONS:
CONTACT THE DEVELOPMENT SERVICES DEPARTMENT REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
E2 All City Codes, regulations, and policies in effect at the time of building /grading permit
issuance shall apply.
E3 All drawings submitted for Engineering permits are required to reference the NAVD 88
datum; the NGVD 29 datum will not be accepted.
EG1 Grading Conditions
EG3 The developer shall obtain a grading permit prior to the commencement of any clearing or
grading of the site.
EG4 The grading for this project is defined in Chapter 23.24 of the Encinitas Municipal Code.
Grading shall be performed under the observation of a civil engineer whose responsibility it
shall be to coordinate site inspection and testing to ensure compliance of the work with the
approved grading plan, submit required reports to the Development 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.
Page 13 of 15
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 Development Services
Director for the proposed haul route. The developer shall comply with all conditions and
requirements the Development Services Director may impose with regards to the hauling
operation.
EG10 In accordance with Section 23.24.370 (A) of the Municipal Code, no grading permit shall be
issued for work occurring between October 1st of any year and April 15th of the following
year, unless the plans for such work include details of protective measures, including
desilting basins or other temporary drainage or control measures, or both, as may be
deemed necessary by the field inspector to protect the adjoining public and private property
from damage by erosion, flooding, or the deposition of mud or debris which may originate
from the site or result from such grading operations.
EG13 Owner shall provide a precise grading plan prior to approval of building permit. Grading
plan shall provide design for drainage improvements, erosion control, storm water pollution
control, and on -site pavement.
ED1 Drainage Conditions
ED2A An erosion control system shall be designed and installed onsite during all construction
activity. The system shall prevent discharge of sediment and all other pollutants onto
adjacent streets and into the storm drain system. The City of Encinitas Best Management
Practice Manual shall be employed to determine appropriate storm water pollution control
practices during construction.
ED3 A drainage system capable of handling and disposing of all surface water originating within
the project site, and all surface waters that may flow onto the project site from adjacent
lands, shall be required. Said drainage system shall include any easements and structures
required by the Engineering Services Director to properly handle the drainage.
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.
ES10 Improvements constructed within the present or future public right -of -way shall be
considered temporary. The owner shall enter into an encroachment removal covenant
agreeing to remove those improvements at the direction of the City.
EU1 Utilities Conditions
EU4 All proposed utilities within the project shall be installed underground including existing
utilities unless exempt by the Municipal Code.
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ESW 1 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 Grading 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.
ESW6 Storm Water Pollution Control (SWPC) facilities shall be designed and approved by the
City Engineer, and secured with a performance bond prior to the issuance of a grading
permit for this project.
ESW9 For storm water pollution control purposes, all runoff from all roof drains shall discharge
onto grass and landscape areas prior to collection and discharge onto the street and /or
into the public storm drain system. Grass and landscape areas designated for storm
water pollution control shall not be modified without a permit from the City. A note to this
effect shall be placed on the Grading plan.
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