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2020-14 - EG fCITY OF • • NOTICE OF DECISION Encinitas Development Services Department DEVELOPMENT SERVICES DEPARTMENT Project Name: The Summit at Lake Drive Residence- Parcel 2 Request: Construction of a new single-family residence Discretionary Actions: Coastal Development Permit (CDP) CEQA Determination: EXEMPT DECISION: APPROVED Project Number: CDP-002567-2017 (17-116 CDP) DSD Number: 2020-14 Location: Vacant lot (Parcel 2 of concurrently proposed tentative parcel map 17-114 TPM/CDP), generally located approximately 130 feet south of Santa Fe Drive and east of Lake Drive Community: Cardiff-by-the-Sea APN: 260-213-02, -06 and -07 Applicant: Dayu Investments, LLC. f Representative: Tongyue Li, Award Construction Management, Inc. Project Planner: Andrew Maynard, Associate Planner amaynard(o),encinitasca.gov Decision Date: May 22, 2020 Report Approval: ® Roy Sapa'u, Acting Development Services Director ®Katie Innes, Senior Planner PROJECT DESCRIPTION The project is a request for a Coastal Development Permit to construct a 5,216-square foot residence with a 645-square foot attached garage consistent with the applicable Rural Residential 1 (RR-1) zoning standards. Access to the site is provided via a new driveway from Lake Drive, The subject site has a 20-foot access easement located on the north side of the site that provides ITEM NAME: The Summit at Lake Drive Residence- Parcel 2 PROJECT NUMBER: CDP-002567-2017 (17-116 CDP) May 22, 2020 access to Parcel 1 of the associated subdivision. Additionally, an emergency turnaround easement will be required to be recorded as identified in the project plans. The subject residence is proposed as a one- and two-story Santa Barbara-style residence with a stucco finish and a series of sloping roof elements. Architectural features for the residence include balconies and window detailing. Materials and colors for the residence include a reddish-brown S-profile roof tile, white stucco, brown and blue trim detailing, and decorative-brown garage doors with a series of smaller windows at the top. Balcony railings are proposed as black wrought iron. Windows are designed with a variety of square and rectangular shapes and are multi-paned. PROJECT ANALYSIS Background Case No. 17-114 TPM/CDP is a concurrent Tentative Parcel Map application for a 3-lot subdivision creating the subject lot. Case Nos. 17-115 CDP, 17-116 CDP and 17-117 CDP are active discretionary Coastal Development Permits that are being processed concurrently for the custom single-family residences that are to be constructed on each lot associated with this subdivision. Case No. 17-118 CDP is another related case but is not located within the subdivision. This project is located directly adjacent to the project site (on the corner of Lake Drive and Santa Drive), and proposes the demolition of an existing residence, and construction of a new single-family residence. Project Site Characteristics: General Plan: Rural Residential 1 RR-1 Specific Plan: None Zoning District: RR-1 Zoning Overlay: Cultural Overlay Zone, Coastal Overlay Zone Community Character Context: Inland Residential- Curvilinear Other Key City Plan: None Notable State or Regional Plan and None Law_ _ .._ _ _ _ _ I The project site currently has one single-family residence partially on it as well as two trailers (all of which will be demolished/removed in conjunction with this project), and is located within the Inland Residential Curvilinear community character context within the community of Cardiff-by- the-Sea. This context exists on the eastern portion of Cardiff-by-the-Sea. The Inland Residential Curvilinear areas were primarily developed in the 1970s through the mid-1990s and include curvilinear streets and cul-de-sacs with mainly larger single-family dwellings set back from the street. Lot sizes and setbacks are large- The proposed residence is consistent with the RR-1 Zone and is consistent with the Inland Residential Curvilinear community character context. 2of19 STEM NAME. The Summit at Lake Drive Residence- Parcel 2 PROJECT NUMBER; CDP-002567-2017 (17-116 CDP) May 22, 2020 Adjacent Area: Direction General Plan Community Character Context Land Use & Zoning District North Residential 3 Inland Residential- Curvilinear Single-Family Homes and s & R-3 and R-5 South Rural Inland Residential- Curvilinear Single-Family Homes Residential 1 & RR-1 East Rural Inland Residential- Curvilinear Single-Family Home Residential 1 & RR-1 West Rural Inland Residential- Curvilinear Single-Family Homes Residential 1 & RR-1 The immediately surrounding area consists primarily of single-family homes with some lots constructed with accessory units. The proposed new single-family home is compatible with the surrounding uses. General Plan Consistency General Plan Land Use Designation Explanation of Project Conformance Rural Residential 1 Land Use The detached single-family residential use is Designation: Residential land uses in this consistent with the Rural Residential 1 (RR-1) category will be single-family detached General Plan designation. The project proposes the units constructed at lower densities. This construction of one single-family residence on a lot land use designation permits the greater than one acre in area. construction of one dwelling unit with a minimum lot size of one acre (43,560 square feet). Policy 1.12: The residential character of The proposed project is a detached single-family the City shall be substantially single- residence consistent with this policy. family detached housing. Policy 2.10: Development shall not be All services are available, or are conditioned to be allowed prematurely, in that access, available, as part of this project. The project is utilities, and services shall be available accessed via an existing public road (Lake Drive). riot to allowing the development. _ Municipal Code Analysts Below is a table summarizing how the proposed project meets the applicable zoning standards for the RR-1 Zone: Development Standard Proiect Proposed Complies? Setbacks- Front Yard- 30 feet 137 feet Yes ® No ❑ 3of19 ITEM NAME The Summit at Lake Drive Residence- Parcel 2 PROJECT NUMBER: CDP-002567-2017 (17-116 CDP) May 22, 2020 Development Standard Project Proposed Complies? Rear Yard- 25 feet 30 feet Yes E No Interior Side Yard - 15 feet North Side Yard- 35 feet Yes ® No ❑ South Side Yard-47 feet Lot Coverage-35 percent 10.7 percent Yes ® No ❑ Height- 26 feet to the top of the 26 feet, 9 inches to roof peak Yes ® No ❑ roof plate above the building wall and 30 feet to the roof Parking- 2 enclosed parking 3 enclosed parking spaces within the Yes ® No ❑ spaces for units greater than attached garage 2,500 square feet plus; 1 additional enclosed or unenclosed parking space Building Height The property is located within the RR-1 Zone and subject to the 26-foot height limitation for flat roofs and 30-foot height limitation for sloped roofs. The applicant has shown on the project plans that the new single-family residence is less than 30 feet for sloping roofs and less than 26 feet to the top of the roof above the building wall. The proposed project complies with all height regulations and will be required to provide a height certification from a licensed land surveyor during construction, to demonstrate compliance with the plans and height limitations. Grading and Walls Grading is proposed throughout the project site for the right-of-way improvements, storm water improvements, creation of the building pads for the home, garage, and the driveway. The maximum cut depths range up to six feet in height and the fill height ranges up to one foot. The grading work as proposed and is exempt from design review in accordance with Encinitas Municipal Code Section 23.08.030614. This municipal code section exempts fill less than four feet in height, and earthwork cut less than eight feet in depth. The grading proposed for the project meets this exemption criteria. Walls and fencing are proposed on the perimeter of the site. All these walls will be six feet or less in height and comply with all height limitations for retaining walls, and combined retaining walls and fences. A combination of block walls with wrought iron fencing above, as well as composite/wood fencing is proposed along the perimeter of the site. All of these walls will be six feet or less in height and comply with all height limitations for retaining walls, and combined walls and fencing. Design Review Exemption Pursuant to Section 23.08.030.8.7 of the Municipal Code, the applicant is proposing the residence as a custom single-family home with a dissimilar building footprint, orientation, elevations and architectural features from surrounding residential units. The footprint and orientation vary for each residence within the subdivision and the immediately surrounding neighborhood. Each residence provides a variety of building wall offsets. The residences are additionally differentiated by utilizing a variety of architectural styles, rooflines, materials, architectural elements and a 4of19 ITEM NAME: The Summit at Lake Drive Residence- Parcel 2 PROJECT NUMBER' CDP-002567-2017 (17-116 CDP) May 22, 2020 variety of colors and materials. The design of this home is thus exempt from design review pursuant to this section. Additionally, the grading work as proposed is exempt from design review in accordance with Encinitas Municipal Code Section 23.08.030.13.14. Cultural/Natural Resources Overlay Zone The subject lot is identified to be located within the Cultural/Natural Resources Overlay Zone. The subject project is located on an infill site and is surrounded by existing development. No sensitive plant or animal habitats are proposed to be impacted by the subject project. Prior to development, the project is conditioned to require a qualified paleontologist to set up a monitoring and recovery program, attend the project pre-construction meetings and monitor the site full time during cutting of undisturbed areas of the Linda Vista Formation. A final report from the qualified paleontologist is required to be reviewed and approved by the City prior to the issuance of any building permits for the site. Local Coastal Program Consistency The proposed project is located within the Coastal Zone of the City of Encinitas and requires approval of a Coastal Development Permit for the project. The project adheres to the applicable development standards of the RR-1 Zone provided in the Encinitas Municipal Code and the goals and policies of the General Plan, which ensures consistency with the City's adopted Local Coastal Program. PUBLIC NOTICE AND PARTICIPATION Public Notice The Notice of Pending Action on the Coastal Development Permit was mailed on April 30, 2020, 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. 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. Public Input Staff received several phone, email and letter inquiries during the project review on the overall project (the 3-lot tentative parcel map and the 3 homes to be built to the resulting lots, including the subject home and the corner lot). Some of the general concerns were for grading and contaminated soils, exemptions from design review for custom homes, layout of homes and views. The applicant has worked with the neighbors of the subdivision/development to address these concerns.-with a cooperation agreement. The agreement included: • The base elevation for the development of Parcel 3 shall be not higher than 357 feet • The maximum height of any structure shall be 26 feet on Parcel 3 • The rear yard setback shall be a minimum of 80 feet from the rear yard property line on Parcel 3. 5of19 ITEM NAME: The Summit at Lake Drive Residence- Parcel 2 PROJECT NUMBER: CDP-002567-2017 (17-116 CDP) May 22, 2020 The plans associated with Parcel 3 has been updated to reflect these conditions as has the grading plan associated with this Parcel Map. ENVIRONMENTAL CONSIDERATIONS In conjunction with the associated application for Tentative Parcel Map/Coastal Development Permit 17-114 TPM/CDP, a Phase I Environmental Site Assessment dated October 12, 2016 and a Phase II Environmental Site Assessment dated March 23, 2016 was prepared by Ninyo & Moore. The study indicates twenty-one boring samples were taken across 1245 and 1255 Lake Drive. Concentrations of DDT, DDE, endosulfan 11, Endrin ketone and lead were identified in the study. The applicant submitted the Phase 1/11 studies to the Voluntary Assistance Program with San Diego County Department of Environmental Health. The County Department of Environmental Health issued a conditional approval dated August 1, 2017. The applicant followed up with an updated Site Assessment and Mitigation Program dated March 15, 2019 prepared by Ninyo & Moore to provide a more defined boundary of contaminated soils area, and also analyzed soils underneath a single-family home that was demolished on 1205 Santa Fe Drive. The study indicated that approximately 950 cubic yards of soils had contaminated soils. This updated information was submitted to the San Diego County Voluntary Assistance Program and received a concurrence letter on April 15, 2019, A Mitigated Negative Declaration has been prepared for the proposed project (the map and the 3 homes associated with it and the corner lot on 1205 Santa Fe Drive) by the City as the Lead Agency, An Environmental Initial Study was conducted, which determined that the proposed project may have significant environmental effects related to hazardous materials and paleontological resources. The project, with incorporation of the specific mitigation measures set forth in Specific Condition SCC of this approval, will avoid or mitigates the potential significant environmental impacts to below established levels of significance. Therefore, an Environmental impact Report (EIR) will not be required. A 20-day public notice was sent to all residents and occupants within 500 feet of the project to allow for comments between May 20, 2019 and June 10, 2019. Comments were received during the public comment period and responses to those comments are provided in the final Mitigated Negative Declaration. The Development Services Department certified the Final Mitigated Negative Declaration at the May 12, 2020 administrative hearing associated with the subdivision map. DISCUSSION The proposed project is in conformance with the General Plan and Chapters 30.16 (Residential Zone) and 30.80 (Coastal Development Permit) of the Encinitas Municipal Code. The project meets all of the applicable development standards for the RR-1 Zone. FINDINGS Based on findings for a Coastal Development Permit as per Encinitas Municipal Code Section 30.80.090, and the aforementioned analysis, the Development Services Department has made the following findings to support the approval, with conditions: 6of19 ITEM NAME: The Summit at Lake Drive Residence- Parcel 2 PROJECT NUMBER: CDP-002567-2017 (17-116 CDP) May 22, 2020 Finding for a Coastal Development Permit Explanation of Finding The project is consistent with the certified The residence complies with all applicable Local Coastal Program of the City of Encinitas; development standards of the RR-1 Zone and including but not limited to height, setbacks, lot coverage, and parking. The project is consistent with all applicable goals and policies of the City's certified Local Coastal Program including the General Plan and the _ Municipal Code. The proposed development conforms with A Mitigated Negative Declaration was Public Resources Code Section 21000 and prepared for the project for potential significant following (CEQA) in that there are no feasible effects related to hazardous materials and mitigation measures or feasible alternatives paleontological resources. The City has available which would substantially lessen any determined that the project avoids or mitigates significant adverse impact that the activity may any significant environmental effects, with the have on the environment; and incorporation of the mitigation measures and conditions of approval set forth herein. For projects involving development between The project site is located near the corner of the sea or other body of water and the nearest Santa Fe Drive and Lake Drive which is not public road, approval shall include a specific located between the sea and the nearest finding that such development is in conformity public road. Therefore, this finding does not with the public access and public recreation apply to the project. policies of Section 30200 et. seq. of the Coastal Act, CONCLUSION The Development Services Department determined the Coastal Development Permit application and plans to be consistent with the City's certified Local Coastal Program, including all applicable goals and policies of the General Plan, and provisions of the Municipal Code. The proposed subdivision is consistent with the General Plan Land Use Designation and applicable General Plan policies. and all applicable development standards for the RR-1 Zone are met. Therefore, the project is hereby approved based upon the above 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 May 22, 2022 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. 7of19 ITEM NAME: The Summit at Lake Drive Residence- Parcel 2 PROJECT NUMBER: CDP-002567-2017 (17-116 CDP) May 22, 2020 SC5 This project is conditionally approved as set forth on the application and project drawings stamped received by the City on April 28,2019, consisting of 14 sheets including cover sheet, site plan,floor plan, roof plan, elevations (3 Sheets), preliminary grading plan, and landscape plans (2 Sheets), all designated as approved by the Development Services Department on May 22, 2020, and shall not be altered without express authorization by the Development Services Department. SCA Prior to grading permit issuance for improvements associated with the subject residence, the final parcel map (pursuant to concurrent application approval 17-114 TPMICDP) shall have been deemed technically correct and recorded to the satisfaction of the Development Services Department. Prior to the building permit issuance, the associated parcel map shall be recorded. SCB The following engineering conditions shall be completed to the specification of the Development Services Department: 1. The owner shall grant an easement for additional Public Street Right-of-Way subject to the terms and conditions set forth in the City of Encinitas Resolution 2009-52 adopted October 28, 2009 to the City of Encinitas per the Parcel Map along the property frontage of Santa Fe Drive measured 35 feet from centerline. 2. All service lines to the subject buildings shall be constructed underground. 3. Prior to building occupancy, the developer shall construct public improvements along the property frontage to Santa Fe Drive to include street widening to 25 feet from centerline, standard curb, gutter, and non-contiguous sidewalk with a 4.5 feet wide bioswale to accept the runoff from the pavement widening on Santa Fe Drive and properly discharge back to the street. The existing cable utility poles and wires shall be relocated or constructed underground in order to accommodate these improvements. A cross section shall be provided on the Improvement Plan. 4. A contiguous sidewalk per SDRSD G-7 shall be constructed along the property frontage of Lake Drive with standard G-14A driveway aprons. Existing aprons shall be demolished and replaced with sidewalk. The existing streetlight at the southerly end of the project shall be relocated behind the new sidewalk. The fire hydrant shall be relocated behind the sidewalk or provide 4 feet of clear sidewalk around it. 5. Damaged pavement shall be repaired to the satisfaction of the City Engineer. 6. An Encroachment Maintenance and Removal Covenant will be required for the maintenance of the swale and any other private improvements within the right-of-way. Exhibits shall be submitted with the grading permit application. 7. The project shall be categorized as a Priority Development Project for storm water quality subject to Hydromodification requirements. A Storm Water Quality Management Plan (SWQMP) with detailed Drainage Management Area exhibit shall be submitted with the grading permit application. A 15% impervious surface contingency shall be added to accommodate for future hardscape. The IMP cross 8of19 ITEM NAME: The Summit at Lake Drive Residence- Parcel 2 PROJECT NUMBER: CDP-002567-2017 (17-116 CDP) May 22, 2020 section shall detail the 10" ponding depth, engineered soil thickness, and gravel depth as well as the controlled outflow. 8. A Storm Water Maintenance Agreement (SWMA) shall be required to ensure the professional maintenance, repair, and replacement of the storm water quality BMP as necessary into perpetuity. The covenant shall also detail the funding mechanism for the required maintenance. A note shall be placed on the plans indicating that the BMPs are to be privately maintained and the facilities not modified or removed without a permit from the City. 9. Special inspection of the BMP facilities by a licensed civil engineer in the State of California is required during construction. Prior to obtaining building occupancy, an inspection report shall be submitted with the Final Grading Certification to the Engineering Division verifying the size and depth of the excavation, gravel and engineered soil depth and material, storm drain pipe, overflow, and overall function of the facilities per the approved grading plan. 10. Percolation testing shall be provided for the infiltration rate of the existing soils at the location of the facilities at a depth of the proposed excavation. Correlate the infiltration rate to the Hydrologic Soils Group. Moderate slope factors may be utilized in lieu of the proposed flat factor. 11. A preliminary soils report shall be submitted with the grading permit application. 12. The existing survey monuments shall be referenced on the grading plan and shall be protected in-place. If any monument is disturbed or destroyed it shall be replaced by a licensed land surveyor and a Corner Record shall be filed with the County prior to release of occupancy. 13. All street signs, lights, lamps, utilities, etc. located within the public right-of-way shall be protected in-place during construction or replaced to the satisfaction of the City Engineer. 14. Per the Phase II Environmental Site Assessment, a Soil Remediation Work Plan to address the management and removal of pesticide impacted soil as well as a Community Health and Safety Plan shall be prepared and implemented. The grading plans shall identify the contaminated soils on-site and provide note or show where the contaminated soils are to be buried or hauled off-site. SCC The following mitigation measures identified from the Mitigated Negative Declaration shall be completed and/or fulfilled to the satisfaction of the Development Services Department: 1. Prior to grading permit issuance, the project applicant shall demonstrate that a qualified consultant has been retained to ensure implementation of the Soil Remediation Work Plan Update (Ninyo & Moore, 3/15/19) and Community Health and Safety Plan (Appendix D of the Work Plan Update). The project applicant shall be responsible for ensuring all measures of the Soil Remediation Work Plan Update and Community Health and Safety Plan are implemented to the satisfaction of the San Diego County Department of Environmental Health (DEH). The above measures and 9of19 ITEM NAME: The Summit at Lake Drive Residence- Parcel 2 PROJECT NUMBER: CDP-002567-2017 (17-116 CDP) May 22, 2020 all measures contained in the Soil Remediation Workplan Update and Community Health and Safety Plan shall be included in the_project grading plans. 2. Prior to building permit issuance, the project applicant shall prepare and submit a remediation closure report and closure request to the San Diego County DEH Voluntary Assistance Program and Encinitas Development Services Department for review and approval. The closure report shall be prepared by a qualified consultant and document compliance with the Soil Remediation Work Plan Update and any deviations from the plan. In addition, the report shall provide a discussion of remedial activities, site observations, soil analytical results, and volume of waste material disposed. 3. 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. 4. Prior to grading permit issuance, the project applicant shall implement the "Return to Compliance Plan" (Ninyo and Moore, 1112118) for abatement of asbestos-containing materials and lead-based paint on the project site. The abatement work shall be conducted by a licensed abatement contractor in compliance with the Hazardous Building Materials Abatement Specifications (Ninyo and Moore, 1111118) prepared for the project. 5. Prior to building permit issuance, a project close-out report shall be submitted to the Development Services Department for review and approval. The report shall contain components specified in the "Return to Compliance Plan" prepared by Ninyo and Moore on November 2, 2018 for abatement of asbestos-containing materials and lead- based paint on the project site. 6. 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 field techniques. 10 of 19 ITEM NAME: The Summit at Lake Drive Residence- Parcel 2 PROJECT NUMBER: CDP-002567-2017 (17-116 CDP) May 22, 2020 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 Linda Vista Formation. 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 field 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. 7. 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. SCD The following conditions shall be completed to the specification of the San Dieguito Water District (SDWD): 1. The subject property is currently being served by one one-inch water meter(1255 Lake Drive), one 518-inch water meter and one 11/2-inch water meter(1205 Santa Fe Drive). Upon development, each parcel shall be individually metered. The owner may downsize the existing meters and apply capacity credit toward the installation of new meters. All meters that will receive capacity credit must be paid for and installed at one time. Prior to the map recordation, the owner shall provide SDWD with a written statement indicating which lots will receive capacity credits. 2. The developer shall provide a letter from the property owner stating which meters were purchased with the sale of the lots. 3. All water meters shall be located in front of the parcel they are serving and outside of any existing or proposed travel way. The cost of relocation shall be the responsibility of the developer. Appurtenances shall not be placed in roadside ditches. 11 of 19 ITEM NAME: The Summit at Lake Drive Residence- Parcel 2 PROJECT NUMBER: CDP-002567-2017 (17-116 CDP) May 22, 2020 4. The developer shall show all existing and proposed water facilities or improvement and/or grading plans for the approval of the San Dieguito Water District. 5. The developer is required to comply with the District's fees, charges, rules and regulations. SCE As noted on the approved Tentative Parcel Map 17-114 TPM/CDP creating the subject lot, the driveway area in front of the garage approved herein is reserved for use as a Fire Department turnaround area, and as such shall not be used for parking. 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. 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 12 of 19 ITEM NAME: The Summit at Lake Drive Residence- Parcel 2 PROJECT NUMBER: CDP-002567-2017 (17-116 CDP) May 22, 2020 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. 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 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. 13 of 19 ITEM NAME: The Summit at Lake Drive Residence- Parcel 2 PROJECT NUMBER: CDP-002567-2017 (17-116 CDP) May 22, 2020 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). L4(a) All landscaping, fences, walls, etc. on the site, in any adjoining public parkways (the area between the front property line and the street) shall be permanently maintained by the owner, assigns or any successors in interest in the property. The maintenance program shall include normal care and irrigation of the landscaping; repair and replacement of plant materials and irrigation systems as necessary; and general cleanup of the landscaped and open areas, parking lots and walkways, walls, fences, etc. Failure to maintain landscaping and the site in general may result in the setting of a public hearing to revoke or modify the approval. This condition shall be recorded with the covenant required by this Resolution. L5 All masonry freestanding or retaining walls visible from points beyond the project site shall be treated with a protective sealant coating to facilitate graffiti removal. The sealant shall be 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, 61 BUILDING CONDITION(S): CONTACT THE ENCINITAS DEVELOPMENT SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): 132R The applicant shall submit a complete set of construction plans to the Development Services Department for building permit plan check processing. The submittal shall include a Soils/Geotechnical Report, structural calculations, and State Energy compliance 14 of 19 ITEM NAME: The Summit at Lake Drive Residence- Parcel 2 PROJECT NUMBER: CDP-002567-2017 (17-116 CDP) May 22, 2020 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 California Mechanical, Electrical and Plumbing Codes). These comments are preliminary only. A comprehensive plan check 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. F6 GATES: All gates or other structures or devices, which could obstruct fire access roadways or otherwise hinder emergency operations, are prohibited unless they meet standards approved by the Fire Department. An approved emergency key-operated switch and/or an approved emergency traffic control-activating strobe light sensor shall be installed per Encinitas Fire Department standards. 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 15 of 19 ITEM NAME: The Summit at Lake Drive Residence- Parcel 2 PROJECT NUMBER: CDP-002567-2017 (17-116 CDP) May 22, 2020 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 '/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. F14 ADDRESS NUMBERS FOR STRUCTURES LOCATED OFF ROADWAY: Where structures are located off a roadway on long easements/driveways, a monument marker shall be placed at the entrance where the easement/driveway intersects the main roadway. Permanent address numbers with height conforming to Fire Department standards shall be affixed to this marker. 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. 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. EG1 Gradinq Conditions EG3 The owner 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 shall be to coordinate site inspection and testing to ensure compliance of the work with the approved grading plan and submit required reports to the Development Services Department to verify compliance with Chapter 23.24 of the Encinitas Municipal Code. 16 of 19 ITEM NAME: The Summit at Lake Drive Residence- Parcel 2 PROJECT NUMBER: CDP-002567-2017 (17-116 CDP) May 22, 2020 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 owner shall submit to and receive approval from the Engineering Services Director for the proposed haul route. The owner shall comply with all conditions and requirements the Engineering Services Director may impose with regards to the hauling operation. EG10 In accordance with Section 23.24.370 (A) of the Municipal Code, no grading permit shall be issued for work occurring between October 1st of any year and April 15th of the following year, unless the plans for such work include details of protective measures, including desilting basins or other temporary drainage or control measures, or both, as may be deemed necessary by the field inspector to protect the adjoining public and private property from damage by erosion, flooding, or the deposition of mud or debris which may originate from the site or result from such grading operations. EG13 Owner shall provide a precise grading plan prior to approval of building permit. Grading plan shall provide design for drainage improvements, erosion control, storm water pollution control, and on-site pavement. ED1 Drainage Conditions ED2A An erosion control system shall be designed and installed onsite during all construction activity. The system shall prevent discharge of sediment and all other pollutants onto adjacent streets and into the storm drain system. The City of Encinitas Best Management Practice Manual shall be employed to determine appropriate storm water pollution control practices during construction. ED3 A drainage system capable of handling and disposing of all surface water originating within the project site, and all surface waters that may flow onto the project site from adjacent lands, shall be required. Said drainage system shall include any easements and structures required by the Engineering Services Director to properly handle the drainage. 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. 17 of 19 ITEM NAME: The Summit at Lake Drive Residence- Parcel 2 PROJECT NUMBER: CDP-002567-2017 (17-116 CDP) May 22, 2020 ED6 The owner of the subject property shall execute a hold harmless covenant regarding drainage across the adjacent property prior to approval of the grading or building permit for this project. ES1 Street Conditions ES5 Prior to any work being performed in the public right-of-way, a right-of-way construction permit shall be obtained from the Engineering Services Director and appropriate fees paid, in addition to any other permits required. 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, 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. The applicant shall design and construct landscape and/or turf areas and ensure that all flows from impervious surfaces are directed across these areas prior to discharging onto the street. A Grading Plan identifying all landscape areas designed for storm water pollution control (SWPC) and Best Management Practice shall be submitted to the City for Engineering Services Department approval. A note shall be placed on the plans indicating that the modification or removal of the SWPC facilities without a permit from the City is prohibited. ESW6 Storm Water Pollution Control (SWPC) facilities shall be designed and approved by the City Engineer, and secured with a performance bond prior to the issuance of a grading permit for this project. ESW9 For storm water pollution control purposes, all runoff from all roof drains shall discharge onto grass and landscape areas prior to collection and discharge onto the street and/or into the public storm drain system. Grass and landscape areas designated for storm water pollution control shall not be modified without a permit from the City. A note to this effect shall be placed on the Grading plan. 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 16 of 19 ITEM NAME: The Summit at Lake Drive Residence- Parcel 2 PROJECT NUMBER: CDP-002567-2017 (17-116 CDP) May 22, 2020 owner's and applicant's responsibility to obtain all necessary permits required for the type of project proposed. 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 151" 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 Roy Sapa'u Acting Development Services Director 19 of 19