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2021-17 (EG)RESOLUTION NO. PC 2021-17 A RESOLUTION OF THE CITY OF ENCINITAS PLANNING COMMISSION APPROVING A MAJOR USE PERMIT, TENTATIVE MAP (DENSITY BONUS), DESIGN REVIEW PERMIT, AND COASTAL DEVELOPMENT PERMIT TO ESTABLISH A PLANNED RESIDENTIAL DEVELOPMENT, SUBDIVIDE TWO EXISTING PARCELS INTO 12 LOTS UTILIZING THE STATE DENSITY BONUS LAW, DEMOLISH ALL EXISTING AGRICULTURAL STRUCTURES, CONSTRUCT A 200-UNIT SENIOR RESIDENTIAL CARE FACILITY INCLUDING TWO- STORIES OVER A SUBTERRANEAN BASEMENT, CONSTRUCT EIGHT NEW TWO-STORY SINGLE-FAMILY RESIDENTIAL UNITS EACH WITH AN ATTACHED ACCESSORY UNIT, CONSTRUCT A PUBLIC TRAIL, AND GRADING/SITE/LANDSCAPING IMPROVEMENTS. CASE NOS. MULTI-002891-2018; SUB-002894-2018; USE-002895-2018; DR-002893-2018 & CDP-002892-2018 (17-273 MUP/TMDB/DR/CDP) APNs: 261-210-022-00 & 261-210-12-00 WHEREAS, Greystar, submitted an application for a Major Use Permit, Tentative Map (Density Bonus), Design Review Permit, and Coastal Development Permit to establish a Planned Residential Development; subdivide two existing parcels into 12 lots utilizing the state density bonus law; demolish all existing agricultural structures; construct a 200-unit senior residential care facility including two-stories over a subterranean basement; construct eight new two-story single- family residential units each with an attached accessory unit; construct a public trail, and grading/site/landscaping improvements, for the property legally described in Exhibit A; and WHEREAS, the Planning Commission conducted duly noticed public hearings on November 19, 2020, December 3, 2020, May 20, 2021, and June 3, 2021; NOW, THEREFORE, BE IT RESOLVED that the Encinitas Planning Commission hereby APPROVES Case Nos. Case Nos. MULTI-002891-2018; SUB-002894-2018; USE-002895-2018; DR-002893-2018 & CDP-002892-2018 (17-273 MUP/TMDB/DR/CDP), based on the following Environmental Determination and Findings: Section 1. California Environmental Quality Act Determination An Environmental Impact Report (EIR) was prepared to analyze the potential environmental effects of the project. In accordance with the California Environmental Quality Act (CEQA), the draft EIR was published for a 45-day public and agency review period on April 3, 2020 to May 18, 2020. Comments received during the public review period and corresponding responses are included in the final EIR (Attachment PC-8). Responses were provided for a total of five comment letters submitted by two public agencies (Caltrans and California Department of Fish and Game), and three private individuals. Through the analysis provided in the EIR, it was determined that the project will result in the following significant and unavoidable impacts unless mitigation measures are incorporated to reduce the environmental impacts to less than significant levels: Biological Resources Cultural Resources Tribal Cultural Resources Geology and Soils The impacts to biological resources were associated with potential direct and indirect effects of construction activity (trail and off-site storm-drain culverts/outlets) on any active raptor nests and wetland areas. With respect to cultural resources/tribal cultural resources and geology and soils, construction activity may impact existing archaeological and paleontological resources or tribal cultural resources within the project area. For all the above impacts, mitigation measures are identified in the EIR to reduce the environmental effects to less than significant levels. The Mitigation Monitoring and Reporting Program (MMRP) provides additional details of the required environmental mitigation measures. Through the analysis provided in the EIR, it was determined that the project will have significant and unavoidable aesthetic impacts that cannot be mitigated. With respect to the aesthetic impacts, it has been determined that the project will have a significant and unavoidable impact on a scenic vista, scenic resources within a state scenic highway, and will substantially degrade the existing visual character of public views of the site and its surroundings. Once significant impacts have been identified, CEQA and the CEQA Guidelines Sections 15043 and 15093 require that certain findings be made before project approval to justify the unavoidable aesthetic impact. The City must adopt a Statement of Overriding Consideration, which allows a lead agency to cite a project’s general economic, social or other benefits as justification for choosing to allow the occurrence of specified significant environmental effects that have not been avoided. The CEQA provisions require the agency to provide in writing the specific reasons to support its action to approve the project with a Statement of Overriding Consideration, indicating that the project’s benefits must outweigh the unavoidable significant effects. The overriding consideration must be supported by substantial evidence. Although the project will have a significant and unavoidable aesthetic impact, it will also result in a number of public benefits associated with the development of the project site: The project will result in the development of a residential care facility, which will provide housing/care options for an aging population. The project will result on the construction of affordable housing. A total of 16 units are proposed (eight single-family residential units, each with an accessory dwelling unit), and of the 16 units, 15 of those units will be deed restricted to households having moderate, low and very low incomes. The project will set aside 4.19 acres of permanent open space, as a result of the Planned Residential Development. The open space provides a significant buffer around the proposed development and contributes to the project’s compatibility with surrounding uses. The development will result in the construction of a new trail along the northern portion of the site and will provide a trail connection to an existing trail facility. These trail improvements will provide a “loop” system around the project that will be available for use by the public. The project will provide opportunistic sand replenishment for local Encinitas beaches. The project will result on the construction of public improvements along Manchester Avenue (curb, gutter, sidewalk, parkway, street trees, bike lane and decomposed granite trail along San Elijo Lagoon, streetlights, sidewalk improvements to Mira Costa College, as well as storm drain replacement in Manchester Avenue). CEQA also requires an EIR to evaluate project alternatives that would avoid or substantially lessen the significant environmental effects of a project, while achieving the most basic project objectives. In addition to the “No Project” alternative required by CEQA, the EIR addresses a “Senior Living Facility Only” project alternative. This alternative envisions the removal of the single-family residential units and would propose to construct only the residential care facility portion of the project. Under this scenario, the environmental impacts would be reduced for aesthetics and greenhouse gas emissions, and would also reduce some vehicular trips, compared to the project. Additionally, under this scenario, the environmental impacts are expected to be the same for agricultural resources and similar under this alternative for biological resources, cultural resources, geology and soils, hydrology, water quality and tribal cultural resources, and mitigation measures would still be required for the significant impacts. In addition, this alternative would not meet the project objective of developing affordable units that will provide housing for income qualifying residents within the City. Although the “Senior Living Facility Only” alternative would be the environmentally superior alternative, it does not substantially lessen the significant and unavoidable aesthetic impact of the project. Therefore, the decision-makers are not obligated by CEQA to select this alternative. Section 2. Discretionary Action(s) Findings FINDINGS Based on the findings for a Major Use Permit as per Encinitas Municipal Code Section 30.74.070 (Use Permit) and the aforementioned analysis, Planning Commission has made the following findings to support the approval, with conditions: Finding for Use Permit Explanation of Finding 1. The location, size, design or operating characteristics of the proposed project will be incompatible with or will adversely affect or will be materially detrimental to adjacent uses, residences, buildings, structures or natural resources, with consideration given to, but not limited to: a. The inadequacy of public facilities, services and utilities to serve the proposed project, 1) Residential Care Facility, General – 7 or More As conditioned, the location, size, design and operating characteristics of the proposed residential care facility will not adversely affect or be materially detrimental to adjacent uses, residences, buildings or structures. The project site is surrounded by a mix of different land uses (single-family, open space/ecological reserve/ commercial and institutional). The project provides large buffers from all adjacent land uses through both siting design and landscaping improvements. Drainage improvements, stormwater quality facilities and fuel modification zone buffers have also been incorporated into the project to ensure compatibility with the nearby sensitive biological/ecological habitat areas associated with San Elijo Lagoon, and to provide brush management zones associated with the project’s location within the high fire hazard severity zone. Adequate public facilities and services are available to serve the site. The applicant has provided utility “will-serve” letters, which indicate that all utilities (fire, water, sewer) and services (fire, schools) are available to serve the project site. 2) Planned Residential Development As conditioned, the location, size, design and operating characteristics of the proposed single-family residential units, and associated development standards that are being established through the Planned Residential Development (PRD), will not adversely affect or be materially detrimental to adjacent uses, residences, buildings or structures. The PRD promotes efficient land use by clustering residential lots and allowing for smaller lot sizes. The PRD also preserves open space and provides both developed (recreational) open space and undeveloped open space within the development. The open space areas create a significant buffer between the proposed uses and existing uses. Additionally, the project complies with the specific PRD development standards that are required to be met (Section 30.16.020.4). Additionally, the applicant has provided utility “will-serve” letters, which indicate that all utilities (fire, water, sewer) and services (fire, schools) are available to serve the project site. 3) Signage The placement, number, and size of on- premises signs may be determined by the conditions of approval of the use permit. As conditioned, the location, size, and design of the proposed signage will not adversely affect or be materially detrimental to adjacent uses, residences, buildings or structures. The signage design, color and materials complement the design, color and materials of the adjacent residential care facility, and the proposed sign heights and square footages are in-scale with the proposed development and compatible with the adjacent buildings and land uses. b. The unsuitability of the site for the type and intensity of use or development which is proposed, and As conditioned, the proposed project is suitable for the subject site for the type and intensity of the use or development. The proposed property is suitable for the use and is compatible with development in the surrounding community. c. The harmful effect, if any, upon environmental quality and natural resources of the City; An Environmental Impact Report has been prepared for the project and the potentially significant impacts to biological resources, cultural resources, tribal cultural resources and geology and soils will be reduced to less than significant levels with the incorporation of mitigation measures. However, the EIR also indicates that the project will result in a significant and unavoidable aesthetic impact. Once significant impacts have been identified, CEQA require that certain findings be made before project approval. A statement of overriding consideration is provided, which provides the lead agency’s views on the ultimate balancing of the merits of approving a project despite its environmental damage. The statement of overriding consideration is included as part of Attachment PC-2. 2. The impacts of the proposed project will adversely affect the policies of the Encinitas General Plan or the provisions of this Code; or The Major Use Permit is required for the approval the senior residential care facility, the PRD and for the proposed signage. The project, as conditioned, will not adversely affect the policies of the Encinitas General Plan or the provision of this the Municipal Code. 3. The project fails to comply with any other regulations, conditions or policies imposed by this Code. The project, as conditioned, and with the statement of overriding consideration, demonstrates compliance with the applicable policies of the General Plan and the development standards (as applicable) for the RR-2 zone and applicable provisions of the Municipal Code. Based on the findings for a Tentative Map as per Section 66474 of the California Government Code and the aforementioned analysis, the Planning Commission has made the following findings to support the approval, with conditions: Findings for Tentative Map Explanation of Finding 1. That the proposed map is not consistent with applicable general and specific plans as specified in Section 65451 of the Subdivision Map Act. The proposed residential subdivision includes a request for density bonus in accordance with the State Density Bonus Law as per California Government Code Section 65915. According to the State Density Bonus Law, the applicant can request to increase the allotted density per local municipal code to go beyond the maximum density in exchange for affordable housing. A maximum of 48 units are allowed under the State Density Bonus Law, and applicant is proposing 8 single-family dwelling units and eight attached accessory dwelling units. Of the 16 units, 15 of the units will be affordable. The project has been conditioned to require that the affordable units be reserved for moderate-, low- and very low-income households in accordance with Section 65915. The proposed map is consistent with the General Plan, Subdivision Map Act and State Density Bonus Law. 2. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans. The project design and improvements are consistent with the General Plan, as conditioned herein. Consistent with the General Plan policies, the project provides a mechanism (PRD) to preserve sensitive environmental areas and natural features, maintains the desirable character of the surrounding area (which consisting of varied land uses), and maintains compatibility with the character of the surrounding community. Additionally, the project will provide public improvements that will benefit the larger community and provides affordable housing opportunities that would not otherwise be provided in an all market-rate project. 3. That the site is not physically suitable for the proposed type of development. The project site is physically suitable for the proposed development and all necessary public facilities and services are in place or can be extended to serve the project. The applicant has submitted letters of facility availability for the project from fire, sewer, water, elementary and high school service providers. 4. That the site is not physically suitable for the proposed density of development. The proposed subdivision is consistent with the maximum density standards outlined in Chapter 30.16 (RR-2 zone) of the Municipal Code with the benefit of State Density Bonus Law noted in California Government Code Section 65915. All necessary public facilities and services are in place or can be extended to serve the project. No physical characteristics or site conditions constrain the property resulting in the unsuitability of the development of the site as proposed. The project site is zoned RR-2, which allows for the development of a senior residential care facility, through the approval of a Major use Permit, and the project has been conditioned accordingly. Additionally, the RR-2 zone contemplates the development of single- family residences, consistent with the project. Further, the state Density Bonus Law facilitates the development of 48 units on the site, and the project is proposing only eight units. 5. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially or avoidably injure fish or wildlife or their habitat. An EIR was prepared for the project. The EIR analyzed environmental impacts to biological resources and includes mitigation measures that will lessen the impacts to biological resources to a less than significant level. Additionally, the EIR analysis indicates that the project will have a significant and unavoidable aesthetic impact. A statement of overriding consideration is required for this impact. 6. That the design of the subdivision or the type of improvements is likely to cause serious public health problems. All necessary public facilities and services are in place or can be extended to serve the project. The applicant has submitted letters of facility availability for the project from fire, sewer, water, elementary and high school service providers. The subdivision and associated improvements are not likely to cause serious health problems. 7. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the authorized agency may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements through or use of property within the proposed subdivision. All easements of record are identified in the preliminary title report for the subject property and shown on the proposed tentative map. No conflicts with easements of record have been identified. Based on the findings for a Design Review Permit as per Encinitas Municipal Code Section 23.08.080 and the aforementioned analysis, the Planning Commission has made the following findings to support the approval, with conditions: Findings for Design Review Permit Explanation of Finding 1. The project design is inconsistent with the General Plan, a Specific Plan, or the provisions of the Municipal Code. The project is consistent with the provisions of the General Plan, Local Coastal Plan and provisions of the Municipal Code. 2. The project design is substantially inconsistent with the Design Review Guidelines. The project is consistent with the Design Review Guidelines. The design includes four- sided architecture with a variety of architectural elements, materials, colors and detailing. The project includes landscape improvements and street trees that soften the visual impacts of the project. The grading design considers the existing topography of the site and the manufactured slope is primarily screened by the residential care facility. 3. The project would adversely affect the health, safety, or general welfare of the community. No evidence has been provided or is evident indicating that the proposed project would adversely affect health, safety or general welfare of the surrounding neighborhood or community. All utilities and services are in place to serve the project. Based on the findings for a Coastal Development Permit as per Encinitas Municipal Code Section 30.80.090 and the aforementioned analysis, the Planning Commission has made the following findings to support the approval, with conditions: Finding for Coastal Development Permit Explanation of Finding 1. The project is consistent with the certified Local Coastal Program of the City of Encinitas; and The project, as conditioned, complies with all Municipal Code requirements, policies of the General Plan and the Local Coastal Program. 2. The proposed development conforms with Public Resources Code Section 21000 and following (CEQA) in that there are no feasible mitigation measures or feasible alternatives available which would substantially lessen any significant adverse impact that the activity may have on the environment; and An EIR has been prepared for the project and mitigation measures have been incorporated to bring the significant environmental impacts for biological resources, cultural resources, tribal cultural resources and geology and soils to a less than significant level. The EIR has identified that the project will have a significant and unavoidable aesthetic impact and a statement of overriding consideration is included to disclose the ultimate balancing of the merits of approving a project despite its environmental damage. Additionally, a project alternative (construct the senior residential care facility – only) was analyzed as part of the EIR. Under this scenario, the environmental impacts would be reduced for aesthetics and greenhouse gas emissions, and would also reduce some vehicular trips, compared to the project. However, under this scenario, the environmental impacts are expected to be the same for agricultural resources and similar for biological resources, cultural resources, geology and soils, hydrology, water quality and tribal cultural resources, with mitigation measures incorporated. In addition, it was determined that this alternative would not meet the project objective of developing affordable units for income qualifying residents and it does not substantially lessen the significant and unavoidable aesthetic impact of the project alternative. 3. For projects involving development between the sea or other body of water and the nearest public road, approval shall include a specific finding that such development is in conformity with the public access and public recreation policies of Section 30200 et. seq. of the Coastal Act. The project site is located on Manchester Avenue, which is not located between the sea and the first public road. Therefore, the requirements of Section 30200 et. seq. of the Coastal Act does not apply. 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 Nos. MULTI-002891-2018; SUB-002894-2018; USE-002895-2018; DR-002893-2018 & CDP-002892-2018 (17-273 MUP/TMDB/DR/CDP) is hereby subject to the conditions in Exhibit B. PASSED AND ADOPTED this 3rd day of June 2021 by the following vote, to wit: AYES: Dalton, Doyle, Ehlers, Sherod NOES: None ABSTAIN: None ABSENT: Flicker _________________________ Bruce Ehlers, Chair ATTEST: _________________________ Roy Sapa’u Secretary NOTE: This action is subject to Chapter 1.04 of the Municipal Code, which specifies time limits for legal challenges. EXHIBIT "A" Resolution No. PC 2021-17 CASE NOS. MULTI-002891-2018; SUB-002894-2018; USE-002895-2018; DR-002893-2018 & CDP-002892-2018 (17-273 MUP/TMDB/DR/CDP) LEGAL DESCRIPTION PARCEL 1: THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUAR'PER OF SECTION 26, TOWNSHIP IS SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 26; THENCE WEST ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER 15.95 CHAINS TO THE NORTHEAST CORNER OF THE LAND CONVEYED BY HECTOR MAC KINNON AND SARAH JANE MAC KINNON TO J. B. RETCHARD BY DEED DATED MAY 4, 1893, AND RECORDED IN' BOOK 211, PAGE S32 OF DEEDS, RECORD OF SP' DIEGO COUNTY; THENCE SOUTH 7°55' EAST, ALONG THE EASTERLY LINE OF THE LAND SO CONVEYED TO SAID RETCHARD 18.41 CHAINS. MORE OR LESS, TO THE NORTHERLY LINE OF THE LAND CONVEYED BY HEGTOR MAC KINNON AND SARAH JANE MAC KINNON TO M. CALM AND C. E. CALM, BY DEED DATED MAY 25, 1903 AND RECORDED I If BOOK 323, PAGE 120 OF DEEDS, RECORDS OF SAID COUNTY; THENCE NORTH 82° EAST ALONC1 THE NORTHERLY LINE OF THE LAND SO CONVEYED TO CALM, TO AN ANGLE POINT THEREIN; THENCE NORTH 46° EAST ALONG THE NORTHERLY LINE OF THE LAND SO GONVEYED TO SAID M. CALM AND C. E. CALM, TO THE WEST LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 26; THENCE NORTH ALONG SAID WEST LINE 375 FEET, MORE OF LESS, TO THE POINT OF BEGINNING. EXGEPTING THAT PORTION CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED JULY 19, 1961 AS FILE NO. 123383 OF OFFICIAL RECORDS, BEING THAT PORTION LYING SOUTHEASTERLY OF A LINE DESCRIBED AS FOLLOWS: BEGINNING IN THE SOUTHERLY LINE OF THAT PARCEL OF LAND DESCRIBED IN DEED TO TOM M. GIM RECORDED IN BOOK 3604, PAGE 87 OF OFFICIAL RECORDS OF SAID COUNTY, DISTANT ALONG SAID LINE NORTH 83•00'43“ EAST, 592.15 FEET FROM THE SOUTHWEST CORNER OF LAST SAID GIN LAND; THENCE NORTH 83°00'43” EAST 246.39 FEET TO A POINT IN A NON- TANGENT CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 960 FEET, A RADIAL LINE OF SAID CURVE THROUGH SAID POINT BEARING SOUTH 30 46'19" EAST; THENCE NORTHEAS'TERLY ALONG SAID CURVE THROUGH AN ANGLE OF 16°38'05” .4 DISTANCE OF 278.72 FEE’I’; THENCE NORTH 42°35’16" EAST, 69 67 FEET TO A POINT BEING AT CO-ORDINATES Y EQUALS 309.013.29 FEED AND X EQUALS 1.690.070.67 FEET. THE BEARINGS, DISTANCES AND CO-ORDINATES USED IN LAST ABOVE- DESCRIBED LAND ARE ON THE CALIFORNIA OO-ORDINATES SYSTEM, ZONE 6. PARCEL 2: THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF TM SOUTHEAST QUARTER OF SAID SECTION 26; THENCE ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER SOUTH 89° 23'4O" EAST, 350.65 FEET; THENCE SOUTH 42°36'54" WEST, 520.21 FEET TO THE WEST LINE OF SAID NORTHEAST QUARTER; THENCE ALONG SAID WEST LINE NORTH 0°l4'06” EAST TO THE POINT OP BEGINNING. EXCEPT THEREFROM HALF OF ALL OIL, MINERALS, GAS AND OTHER HYDROCARBON SUBSTANCES BELOW' 500 FEET BENEATH THE SURFACE AS DESCRIBED IN DEED TO W. WABE, AMBROSE, ET. AL. RECORDED DECEMBER 19, 1960 AS DOCUMENT NO. 244970 OF OFFICIAL RECORDS. EXHIBIT "B" Resolution No. PC 2021-17 Case Nos. MULTI-002891-2018; SUB-002894-2018; USE-002895-2018; DR-002893-2018 & CDP-002892-2018 (17-273 MUP/TMDB/DR/CDP) Applicant: Greystar/Belmont Village Location: 3111 Manchester Avenue SC1 SPECIFIC CONDITIONS: SCA The following Planning-related conditions shall be completed and/or fulfilled to the satisfaction of the Development Services Department: 1. The open space lots (Lots B and C) shall be deed restricted with an open space easement. The easement shall be recorded prior to final map recordation. 2. The project shall comply with EMC Section 23.12.110 (Adoption of the 2019 California Green Building Standards Code, Part 11, Title 24 of the California Code of Regulations) for new non-residential buildings. For any new non-residential building, at least eight percent of the total number of parking spaces provided for all types of parking facilities, but in no case less than one, shall be electric vehicle charging spaces (EV spaces). Each EV space shall be equipped with fully operational electric vehicle supply equipment (EVSE). Calculations for the required number of EV spaces shall be rounded up to the nearest whole number. Building construction plans shall demonstrate compliance prior to the issuance of building permits for the project. 3. The total project landscape area shall consist of at least 50 percent (of total area/s.f.) southern California native landscape species. 4. During the plan check process, the building height shall be verified, and the plans shall demonstrate compliance prior to the issuance of building permit. 5. City Council approval shall be obtained to authorize the modification of the City’s public road standards on Manchester Avenue. 6. The developer shall execute and record a covenant satisfactory to the Development Services Department reserving two single-family dwelling units on Lots 5 and 6 as affordable housing units. Said covenant shall include language that these affordable housing units shall be reserved for a period of 55-years at rent levels affordable to “moderate” income households, those earning at or below 110 percent of the regional area median income level. Income levels and affordable housing payments are established by HUD on an annual basis. Should an “in-lieu” fee for inclusionary housing be established by the City prior to Building Permit issuance, the property owner/developer may elect to pay that fee as an alternative to providing the units in the manner described above. 7. The developer shall execute and record a covenant satisfactory to the Development Services Department reserving three single-family dwelling units on Lots 3 ,4, & 7, as affordable housing units in accordance with the provisions of Chapter 30.16 of the Encinitas Municipal Code. Said covenant shall include language that these density bonus affordable housing units shall be reserved for a period of 55-years at rent levels affordable to “low” income households, those earning at or below 60 percent of the regional area median income level. Income levels and affordable housing payments are established by HUD on an annual basis. 8. The developer shall execute and record a covenant satisfactory to the Development Services Department reserving two single-family dwelling units on Lots8 & 9 as affordable housing units. Said covenant shall include language that these affordable housing units shall be reserved for a period of 55-years at rent levels affordable to “low” income households, those earning at or below 80 percent of the regional area median income level. Income levels and affordable housing payments are established by HUD on an annual basis. Should an “in-lieu” fee for inclusionary housing be established by the City prior to Building Permit issuance, the property owner/developer may elect to pay that fee as an alternative to providing the units in the manner described above. 9. The developer shall execute and record a covenant satisfactory to the Development Services Department reserving five accessory dwelling units on Lots 5-9 as affordable housing units. Said covenant shall include language that these affordable housing units shall be reserved for a period of 55 years at rent levels affordable to “low” income households, those earning at or below 80 percent of the regional area median income level. Income levels and affordable housing payments are established by HUD on an annual basis. Should an “in-lieu” fee for inclusionary housing be established by the City prior to Building Permit issuance, the property owner/developer may elect to pay that fee as an alternative to providing the units in the manner described above. 10. The developer shall execute and record a covenant satisfactory to the Development Services Department reserving two accessory dwelling units on Lots 3 and 4 as affordable housing units. Said covenant shall include language that these affordable housing units shall be reserved for a period of 55 years at rent levels affordable to “very low” income households, those earning at or below 50 percent of the regional area median income level. Income levels and affordable housing payments are established by HUD on an annual basis. Should an “in-lieu” fee for inclusionary housing be established by the City prior to Building Permit issuance, the property owner/developer may elect to pay that fee as an alternative to providing the units in the manner described above. 11. The developer shall execute and record a covenant satisfactory to the Development Services Department reserving one accessory dwelling unit on Lot 2 as affordable housing units in accordance with the provisions of Chapter 30.41 of the Encinitas Municipal Code. Said covenant shall include language that this inclusionary (affordable) housing unit shall be reserved in perpetuity at rent level affordable to “very low” income households, those earning at or below 50 percent of the regional area median income level. Income levels and affordable housing payments are established by HUD on an annual basis. Should an “in-lieu” fee for inclusionary housing be established by the City prior to Building Permit issuance, the property owner/developer may elect to pay that fee as an alternative to providing the units in the manner described above. 12. The developer shall execute and record an affordable housing agreement, in a form approved by the City Attorney, to be executed by the City Manager, to ensure that the requirements of Chapters 30.16 and 30.41 of the Encinitas Municipal Code are satisfied. The affordable housing agreement shall guarantee the affordability of the seven single-family dwelling units and eight accessory dwelling units; shall identify the type, size, location and term of the affordable units; and shall specify phasing of the affordable unit in relation to the market-rate units. 13. Access to the developed recreational open space areas on the site shall remain accessible, usable, and available to the residents in the single-family units and accessory dwelling units in perpetuity. 14. Lot 1 shall not be further subdivided. 15. No structures shall be constructed within the recorded open space easement area (Lots B and C). 16. No backlit can lighting shall be permitted. SCB The following Engineering-related conditions shall be completed and/or fulfilled to the satisfaction of the Development Services Department: 1. The owner shall be responsible for the construction of public improvements along the property frontages of Manchester Avenue and the future California Department of Transportation Direct Access Ramp road. A Public Improvement Plan shall be submitted including the following improvements for review and approval by the City: a) The owner shall provide public improvements along the property frontage of Manchester Avenue. Improvements shall include the removal of the existing AC berm and the construction of standard curb, gutter and non-contiguous sidewalk per the “Collector” section in the City of Encinitas Public Road Standards. This is in-lieu of the designated “Limited Prime Arterial” due to street parking not being necessary as well as room for bike lanes and storm water improvements. The existing ditch within the right-of-way shall be filled in and replaced with storm drain if necessary. A DG path shall be constructed along the lagoon side of the road in lieu of the concrete sidewalk. The developer shall coordinate said improvements with the California Department Transportation (CalTrans). Appropriately sized trees, privately maintained, shall be planted within the project side parkway vegetated swale with curb openings located approximately twenty (20) feet on center. A striping plan shall be included in the improvement plan set. b) If not previously constructed by California Department of Transportation (CalTrans), the owner shall be responsible for the construction of the Direct Access Ramp street improvements up to the project driveway entrance, as well as the Manchester right-hand turn lane. The future unnamed street is currently owned by the State, and therefore is subject to CalTrans approval and permit, unless the right-of-way is dedicated to the City. c) The existing corrugated metal pipe (CMP) drainage culverts are in poor condition and shall be replaced with adequately sized reinforced concrete pipe and/or box culvert. Type B inlets shall be constructed at curb line and headwalls per SDRSD D-34 shall be constructed to outlet to the lagoon. Any appropriate permits from outside agencies shall be coordinated and obtained by the owner. The design of these pipes shall be as high as possible to stay above the flood waters to the maximum extent practical. Recommendations shall be provided by the project soils engineer for the pipe bedding and trench backfilling. Hydraulic analyses of all storm drain infrastructure shall be included in the project Drainage Study. d) Curb, gutter and sidewalk shall be extended to the north to connect to the Miracosta College existing frontage road improvements. Temporary standard driveway aprons or curb returns shall be constructed on either end of the abandoned old road alignment subject to approval from Traffic Engineering. e) Per the Recreational Trails Master Plan a DG path shall be proposed along the northerly property line and base of the hillside. The owner shall dedicate to the City a Public Recreational Trail Easement subject to terms and conditions contained in City Council Resolution No. 2009-60 for the proposed trail. f) Streetlights on Manchester Avenue shall be constructed to the Public Road Standards to the satisfaction of the City Traffic Engineer. 2. The project shall be categorized as a Priority Development Project for storm water quality subject to the requirements of Hydromodification management. A Storm Water Quality Management Plan (SWQMP) with detailed Drainage Management Area exhibit shall be submitted with the grading permit application. The IMP cross section shall detail the ponding depth, engineered soil thickness, and gravel depth, impermeable liners, as well as the controlled outflow. There are geotechnical concerns with infiltration due to the high groundwater and liquefaction, so an impermeable liner may be utilized. All treatment facilities shall be located within private property and out of the flood zone. 3. A Storm Water Maintenance Agreement (SWMA) shall be required to ensure the professional maintenance, repair, and replacement of the storm water pollution and flow control facilities 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 BMP facilities are to be privately maintained and the facilities not modified or removed without a permit from the City. 4. 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. 5. The owner shall dedicate to the City a Public Drainage Easement subject to terms and conditions contained in City Council Resolution No. 2009-58 for the proposed public storm drain rerouting the existing drainage channel. 6. All proposed trash enclosures shall be fitted to comply with Storm Water Best Management Practice requirements. The trash enclosures shall have an impervious, non-combustible roof that will not allow rainwater to enter the enclosure. The enclosure shall be lockable and locked when not in use. A wide berm shall be installed at all openings to hold in any liquids that escape from the dumpster and to prevent any flow of storm water through the trash enclosure area. The berm can be designed wide and flat to allow rolling of the dumpster in and out. The enclosure shall be self- contained and shall drain into the public sanitary sewer system. A separate building permit may be required for this structure. 7. The project proposes to disturb an area greater than one acre and shall be subject to the State Construction permit. A SWPPP shall be required prior to permit issuance. 8. The subject property has been identified as being located within the Federal Emergency Management Agency’s (FEMA) Flood Insurance Rate Maps Zone A, being the 100-year Flood Zone. The applicant shall study and determine the Base Flood Elevation. The finish floor elevation of all habitable structures shall be above the determined 100-year flood elevation, and no improvements shall impede the flowage of flood waters. The applicant shall coordinate with FEMA and the City’s Flood Plain Manager and prepare any necessary Letter of Map Amendment (LOMA) or Letter of Map Revision (LOMR). 9. The owner shall grant the City a Public Flowage Easement subject to terms and conditions contained in City Council Resolution 2009-56 for the identified Zone A, 100- year Flood Zone. 10. The project geotechnical engineer recommends utilizing stone columns in order to mitigate the liquefaction potential and differential settlement. Recommendations shall be provided for all infrastructure including but not limited to the use of flexible couplings, pavement joints etc. The proposed stone columns shall be shown on the grading plans for reference. 11. The project geotechnical engineer shall determine if the proposed export material is adequate for beach sand. The engineer shall coordinate with the City’s Geotechnical Engineer and Beach Sand Coordinator, and if deemed quality material the acceptable material shall be hauled to the beach at a location to be determined. 12. The proposed radii of the proposed public storm drain shall be reviewed by the Public Works Department to ensure maintenance ability. Public Works truck access shall be provided to all inlets and cleanout manhole locations. 13. Night work or restricted day time hours will be required for any work crossing Manchester Avenue in addition to hauling operations at the discretion of the Development Services Department. 14. The applicant shall record an Encroachment Maintenance and Removal Covenant against the property to guarantee the maintenance of the private trees, landscaping, and irrigation that are proposed within the City’s right-of-way. A separate agreement may be required in CalTrans right-of-way. 15. The existing survey monuments as shown on Record of Survey 23050 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 securities. 16. On-site sewer shall be privately maintained. SCD The following conditions shall be completed and/or fulfilled to the satisfaction of the Coastal Zone Program Administrator: 1. The applicant shall comply with all requirements of the City of Encinitas Opportunistic Beach Fill Program. SCE The following conditions shall be completed and/or fulfilled to the satisfaction of the San Dieguito Water District: 1. The developer shall relocate the existing 30-inch SDWD transmission main into the access road at his expense. The relocation shall be for the entire pipeline segment traversing the parcel(s). The relocation shall take into account the 30-inch relocation planned and/or completed by Caltrans, for the segment along the tract boundary abutting the proposed Caltrans “DAR.” 2. All proposed trees shall be located a minimum of five feet (from outside edge of tree box to outside edge of water main) from all existing and/or proposed SDWD infrastructure. SCF The following conditions shall be completed and/or fulfilled to the satisfaction of the Olivenhain Municipal Water District (“District”): 1. The District’s determination that adequate water is available to serve the project at the time the applicant submits a request for water service to the District. 2. The applicant shall pay all improvements fees, as appropriate, when due in accordance with District Ordinance 301, or successor Ordinance, not attached hereto, but incorporated herein by reference. 3. Applicant shall have a hydraulic analysis done by the District’s consulting engineer to ascertain the impact of the project on the District’s water system and to determine fire flow availability as required by the City of Encinitas Fire Department. 4. Applicant is aware the site is currently served via an 8-inch pipeline. The hydraulic analysis shall determine the facilities required to serve the project. 5. Applicant pay all fee and grant easements as required for construction of onsite and offsite facilities as required by the District, in its sole discretion. 6. Applicant shall construct all onsite and offsite facilities as required by the District, in its sole discretion. 7. Applicant shall execute District Agreement for pipeline construction and furnish all necessary documents for insurance, bonding, and pay all District’s charges as they are invoiced. 8. In accordance with District Assessment District 96-01, not attached hereto, but incorporated herein by reference, residential lots of ½ acre or less may have a ¾-inch meter installed unless owner chooses to upgrade the meter and pay the additional fees and charges. Lots greater than ½ acre but less than three acres require one-inch meters to be installed. Lots in excess of three acres require a minimum 1 ½ -inch meter to be installed. Larger meters may be required by the District, in its sole discretion. If it can be demonstrated that lots of a given area are not useable in gross, a deviation in meter size may be made with the concurrence of the District Engineering Manager. 9. The District may require larger meters than the Assessment District 96-01 lot size criteria would dictate if the individual residence requires water service greater than can be accommodated by the standard ¾-inch meter irrespective of the lot size, in its sole discretion. 10. Applicant is required to comply with District Ordinance 280 for the mitigation of impacts to the District's Assessment District 96-1R. Ordinance 280 requires an executed agreement to request increased EDU’s that this project requires. The Applicant shall be responsible for payment of all fees and charges as outlined in the executed agreement. 11. In accordance with Olivenhain Municipal Water District Administrative and Ethics Code Article 13 Policy for District Facilities, each commercial unit base capacity fee will be based on a per dwelling unit equivalent for the 5/8-inch meter. 12. The District has not declared a water shortage that restricts water usage or prohibits new water meters. The District’s Board of Directors on July 20, 2016 adopted Resolution 2016-13 returning the District to a Level 1 Water Supply Shortage per Ordinance 427 rules, rates and regulations. G1 STANDARD CONDITIONS: CONTACT THE DEVELOPMENT SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): MAPS 01 Approval of the Tentative Map and all associated permits will expire on June 3, 2024 at 5 p.m., three years after the approval of this project, unless the conditions have been met or an extension of time has been approved pursuant to the Municipal Code. MAPS 03 This approval may be appealed to the City Council within 10 calendar days from the date of this approval pursuant to Chapter 1.12 of the Municipal Code. A 03 This project is located within the California Coastal Commission’s Appeal Jurisdiction of the Coastal Zone and may be appealed to the California Coastal Commission pursuant to Coastal Act Section 30603 and Chapter 30.04 of the City of Encinitas Municipal Code. An appeal of the City’s decision must be filed with the Coastal Commission within 10 working days following the Coastal Commission’s receipt of the Notice of Final Action. Applicants will be notified by the Coastal Commission as to the date the Commission's appeal period will conclude. Appeals must be in writing to the Coastal Commission, San Diego Coast District office. A 04 This project is conditionally approved as set forth on the application and project drawings stamped received by the City on May 13, 2021 , consisting of 88 sheets including the Tentative Map/Slope Analysis Sheets (Sheets 1-9), Civil Plan (C- 1 through C-16), Architectural Plan drawings, including the Title Sheet, Ground Floor/Basement Plan (A-01), First Floor Plan (A-02), Second Floor Plan (A- 03), Roof Plan (A-04), Elevations -Residential Care Facility Building (A-05 through A-08b), Unit Floor Plans (A-09 and A-10), Single-Family Residential Housing – Site Plan (A-11), Elevations and Floor Plans (A-11.1 through A- 11.4), Trash Enclosure Elevations (A-11.5), Renderings (A-12), Detailed Wall Sections (A-13), Building Mounted Light Fixtures Plans (A-14 and A-15), Illustrative Landscape Plans/Enlarged Site Plan (L.1 through L.5), Tree Plan/Planting Plan (LP.1 through LP.6), Irrigation Plan (LI.1 through LI.3), Landscape Lighting Plan (LL.1 through LL.4), Fence Plans and Elevations (LF.1) and Streetscape Lighting Plan, and Signage Plan (Sheets E.LOC.1.0 and E.DWG.1.0 through E.DWG.4.0), all designated as approved by the Planning Commission on June 3, 2021 , and shall not be altered without express authorization by the Development Services Department. A 08 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. A 09 Prior to any use or issuance of final occupancy 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. ADU 01 Prior to Building Permit issuance, a covenant regarding real property shall be recorded regarding the accessory unit providing that compliance with the following conditions shall be maintained: a) The accessory unit is approved for use as a second dwelling unit, accessory to the principal use of the property as a single- family residence. b) The use of the accessory unit shall be incidental, related, appropriate and clearly subordinate to the single-family residence. c) Sale or ownership of the accessory unit separate from the associated single-family residence is prohibited. d) All required parking for the accessory unit shall be located, constructed, and maintained as approved and shown on the approved plans. CT/SO 01 Any and all temporary construction trailers or sales offices, used during the course of development, shall be removed prior to the issuance of Certificate of Occupancy to the satisfaction of the Development Services Department. COV 01 Prior to Grading Permit issuance or recordation of the Final Map the owner shall cause a covenant regarding real property to be recorded. Said covenant shall set forth the terms and conditions of this grant of approval and shall be of a form and content satisfactory to the Development Services Director. DR 01 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. DR 02 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. DR 03 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. DR 04 Decorative use of neon or LED tubing or banding, such as tubing around windows or doors or banding around the building exterior, shall not be allowed unless approved through subsequent Design Review Permit modification(s). DF 01 The applicant shall pay development fees at the established rate. Such fees may include, but not be limited to: Permit and Plan Checking Fees, Water and Sewer Service Fees, School Fees, Traffic Mitigation Fees, Flood Control Mitigation Fees, Park Mitigation Fees, and Fire Mitigation/Cost Recovery Fees. Arrangements to pay these fees shall be made prior to Final Parcel Map approval to the satisfaction of the Development Services Department. 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. EM 01 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. EM 02 All ground-mounted mechanical and electrical equipment shall be screened, and sound buffered through use of a wall, fence, landscaping, berm, or combination thereof and shall be designed to be compatible with the primary building’s exterior to the satisfaction of the Development Services Department. EPS 01 The use of Expanded Polystyrene (EPS) disposable food service ware containers shall be prohibited in accordance with Chapter 11.27 (Prohibition on the Use of Polystyrene Disposable Food Service Ware) of the Municipal Code. HC 01 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 copy of the site plan and elevations depicting the exact point(s) of certification to the satisfaction of the Development Services Director. 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. H 04 The City may not issue Building Permits for more than 50 percent of the market rate units until it has issued Building Permits for all of the affordable units, and the City may not approve any final inspections or certificates of occupancy for more than 50 percent of the market rate units until it has issued final inspections or certificates of occupancy for all of the affordable units. H 05 Affordable units shall be comparable in exterior appearance and overall quality of construction to market-rate units in the same housing development. Interior finishes and amenities may differ from those provided in the market rate units, but neither the workmanship nor the products may be of substandard or inferior quality as determined by the City. The number of bedrooms of the affordable units shall at least equal the minimum number of bedrooms of the market-rate units. I 01 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 recordation of the Final Map / Grading Permit issuance and the Development Services Director, or designee, is hereby authorized to execute the same. L 01 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. L 02 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). L 03 All landscaping for parking areas and driveways shall conform with Chapter 30.54 of the Municipal Code and the City’s Off-street Parking and Design Manual incorporated by reference therein. L 04 All landscaping, fences, walls, etc. on the site and 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/homeowner’s association. The maintenance program shall include normal care and irrigation of the landscaping; repair and replacement of plant materials and irrigation systems as necessary; and general cleanup of the landscaped and open areas, parking 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. L 05 Upon completion of the installation of the landscaping and the irrigation system, a final field observation shall be conducted, and a certification of substantial completion shall be provided to the City. The certificate shall specifically indicate that plants were installed as specified and that the irrigation system was installed as designed. The certificate of substantial completion shall be completed and signed by a State licensed landscape architect, landscape contractor, or an irrigation designer who also holds a State license in the landscape field. MAPS 07 Requests for street names shall be submitted by an applicant/owner to the City for review and approval. Street names shall be approved by the City prior to the recordation of the Final Map. MAPS 08 Requests for street addresses shall be submitted by an applicant/owner to the City for review and approval. Street addresses shall be provided by the Development Services Department prior to the issuance of Building Permits. MH 01 Model homes, in a number not to exceed that necessary to provide an example of each dwelling type being offered, may be allowed in accordance with 30.46.100 of the Municipal Code. That Section provides that Building Permits may not be issued for model homes until a Final Map has been recorded, or, in the alternative, that a Final Map has been submitted which the Development Services Director has determined to be in conformance with the approved Tentative Map and technically correct. In addition, that Section provides that prior to issuance of Building Permits for model homes, the applicant shall provide a site plan to the satisfaction of the Development Services Department, indicating, among other things, the location of the model homes and their relation to off-street parking, vehicular and pedestrian access, and existing and all known future development in surrounding areas. MH 02 Model homes shall include at least one model designated as a “Water Efficient Landscape Model” in accordance with Section 23.26.110 of the Municipal Code, featuring elements such as hydro zones, irrigation equipment, and other elements which contribute to overall water efficiency pursuant to Chapter 23.26 of the Municipal Code. MH 03 All sales maps that are distributed or made available to the public shall include but shall not be limited to trails, future and existing schools, parks, streets, and all other adjacent and all known future development. MMRP 01 The Mitigation Monitoring and Reporting Program (MMRP), as set forth in Resolution No 2021-XX shall be implemented by the project applicant or developer. P01 Parking lot lights shall have a maximum height of 18 feet from the finished grade of the parking surface, and the light source shall be directed away from all property lines, adjacent streets and residences. P02 Parking lot layout and improvements shall meet the standards of the Municipal Code and the Off-Street Parking Design Manual. P03 Parking area shall be screened from adjacent properties and/or public view with decorative wall(s) and/or landscaping. Said screening shall be reviewed and approved by the Development Services Department prior to Building or Grading Permit issuance. SSO 01 Prior to issuance of a Grading Permit, a Security, Safety, and Operations plan shall be submitted and approved by the Development Services Department and the Fire Department. Such plan shall include, but not be limited to, the following items (as applicable): site location, owner info, 24-hour emergency contact info, safety and perimeter fencing, access location(s), loading/unloading zones, onsite/offsite circulation, worker parking and signage, temporary parking lot location/design, neighborhood traffic flow, model home phasing and fencing, large vehicle turnaround areas, signage for haul routes per EMC 23.24.410, construction trailer location, hours of grading and building permit operations, City tree protection zones, hours of hauling (i.e. school routes, prime arterials, impacted streets, etc.), and construction phasing. SIGN 02 Temporary subdivision advertising signs and any model home and information signage shall be submitted to the Development Services Department for review and approval prior to issuance of Building Permits. SIGN 03 Signs are approved as submitted and as shown in the approved project plans or sign program. Any alteration/addition to the approved signs not exempted in Municipal Code Chapter 30.60 may require a permit amendment, and the applicant should contact the Development Services Department prior to undertaking any such modification. TE 01 New or retrofitted trash enclosure(s) shall be constructed of masonry with an exterior compatible with that of the building(s) and shall be provided with view- obstructing solid metal gates as approved by the authorized agency. Adequate space for recyclable materials shall be provided within the enclosure in accordance with Municipal Code requirements. The applicant shall review the design of the trash enclosure with the service provider and receive approval prior to Building Permit issuance. TRAIL 01 Prior to issuance of Building Permits, the developer shall execute and record a covenant, reviewed and approved by the Development Services and Parks, Recreation and Cultural Arts Departments, advising any and all successors in interest that the property is located with an easement on, adjacent to, or near the subject property for the purpose of allowing recreational use. TRAIL 02 The developer/owner shall improve the recreation trail system as specified on the Tentative Subdivision Map identified as approved by the Planning Commission on December 3, 2020, in accordance with the adopted standards that are in effect at the time of Grading Permit issuance and to the satisfaction of the Development Services and Parks, Recreation and Cultural Arts Departments. Said improvements, including but not limited to, grading, soil compaction, drainage control, signage, access control, erosion control, etc., shall conform to the standards in the adopted “Recreational Trails Master Plan” adopted April 6, 2002. TRAIL 03 An easement shall be granted to the City over, upon, across and under the area defined on the Final Maps as a recreational trail and no building, structures or other things shall be constructed, erected, placed or maintained on subject easements except for the construction and maintenance of said trail and structures appurtenant to the trail and as approved by the Development Services and Parks, Recreation and Cultural Arts Departments. TRAIL 04 The developer/owner shall dedicate the on-site master planned recreation trails. Said recreational trails shall be improved to the standards contained in the “Recreational Trails Master Plan” adopted April 6, 2002, along with any and all subsequent amendments thereto approved by the City, to the satisfaction of the Directors of Development Services and Parks, Recreation and Cultural Arts Departments. TRAIL 05 When public or private recreational trails are required as a part of the subdivision, the developer shall display a map in the sales office of said subdivision indicating the trails. USE 01 At all times during the effective period of this permit, the responsible party shall obtain and maintain in valid force and effect, each and every license and permit required by a governmental agency for the operation of the authorized activity. USE 02 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. USE 03 Upon a showing of a compelling public necessity and/or upon receipt of any substantial complaint(s) regarding the operation of the business, which is the subject of this permit, the City may, upon proper notification of the owner and/or applicant and acting through the authorized agency, conduct a hearing to determine if the conditions of approval need to be modified or whether the permit should be revoked. USE 04 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. USE 05 Nothing in this permit shall authorize the applicant to intensify the authorized activity beyond that which is specifically described in this permit. USE 06 The hours of operation are not limited but shall be reviewed and may be limited by the Planning Commission should substantiated complaints arise pertaining to the hours of operation. USE 07 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. USE 08 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. UTILITY 01 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. UTILITY 02 Building plans for all new residential units and commercial 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. WF 01 All retaining and other freestanding walls, fences, and enclosures shall be architecturally designed in a manner similar to, and consistent with, the primary structures (stucco-coated masonry, split-face block, slump stone, etc.). These items shall be approved by the Development Services Department prior to the issuance of building and/or grading permits. WF 01 All retaining and other freestanding walls, fences, and enclosures shall be architecturally designed in a manner similar to, and consistent with, the primary structures (stucco-coated masonry, split-face block, slump stone, etc.). These items shall be approved by the Development Services Department prior to the issuance of building and/or grading permits. WF 02 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. WF 03 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. B1 BUILDING CONDITION(S): CONTACT THE DEVELOPMENT SERVIES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): BLDG 01 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 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). Commercial and Multi-residential construction must also contain details and notes to show compliance with State disabled accessibility mandates. 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. E1 ENGINEERING CONDITIONS: CONTACT THE DEVELOPMENT SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): Grading GRD 01 All City Codes, regulations, and policies in effect at the time of building/grading permit issuance shall apply. GRD 02 All drawings submitted for Engineering permits are required to be based on the NAVD 88 datum; the NGVD 29 datum will not be accepted. GRD 03 The applicant shall submit a Grading Plan for review and obtain a Grading Permit prior to the commencement of any clearing or grading of the site. The Grading Plan shall include, but not be limited to, the design for site grading, drainage improvements, erosion control, stormwater pollution control, and on-site pavement. GRD 04 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 and geotechnical 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 Department and verify compliance with Chapter 23.24 of the Encinitas Municipal Code. GRD 05 No grading shall occur outside the limits of the project boundary and easements unless a letter of permission is obtained from the owners of the affected properties and provided to the Development Services Department. GRD 06 Separate grading plans shall be submitted and approved, and separate grading permits issued for borrow or disposal sites if located within the city limits. Import material shall be free of organic material, trash, debris, and environmental contaminants. GRD 07 All newly created slopes within this project shall be no steeper than 2:1. GRD 09 Geotechnical, Drainage/Hydrology, Stormwater Quality, and Traffic studies/report (as applicable) shall be prepared by a qualified engineer licensed by the State of California to perform such work. The reports shall be submitted with the first grading plan submittal and shall be approved prior to issuance of any grading or improvement permit for the project. GRD 10 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 Department for the proposed haul route. The applicant shall comply with Municipal Code section 23.24.410 as well as all conditions and requirements the Development Services Department may impose with regards to the hauling operation. GRD 13 All proposed temporary shoring and/or non-standard structural retaining wall shall be included as part of the grading plans and will be reviewed by the City’s third-party reviewer. Additional plan check fees shall be required. GRD 16 The project site may have adequate export material suitable for beach sand. The applicant’s geotechnical engineer shall test the on-site material for beach sand quality. Drainage Conditions DRAIN 01 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 Stormwater Standards Manual shall be employed to determine appropriate stormwater pollution control practices during construction. DRAIN 02 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 Department to properly handle the drainage. DRAIN 03 Pursuant to Municipal Code Chapter 23.96, the applicant shall pay the current adopted Flood Control Fee for the creation of new impervious surfaces prior to issuance of the building or grading permit for this project to the satisfaction of the Development Services Department. DRAIN 04 The owner of the subject property shall execute and record a covenant holding the City harmless for drainage prior to approval of any grading or building permit for this project. DRAIN 05 Concentrated flows across driveways and/or sidewalks shall not be permitted. DRAIN 06 The drainage system shall be designed to ensure that runoff resulting from a 100- year frequency storm underdeveloped 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 mitigation necessary to accomplish the desired results. DRAIN 09 The proposed project falls within areas indicated as subject to flooding under the National Flood Insurance Program and is subject to the provisions of that program and City of Encinitas Municipal Code Chapter 23.40. Street Conditions ST 01 Prior to any work being performed in the public right-of-way or City easement, a right- of-way construction permit shall be obtained from the Development Services Department and appropriate fees paid, in addition to any other permits required. ST 02 Private improvements constructed within the present or future public right-of-way shall be considered temporary. The owner shall enter into an Encroachment Maintenance and Removal covenant agreeing to maintain the improvements in perpetuity and to remove those improvements at the direction of the City. ST 03 The owner shall dedicate to the City of Encinitas all public streets and easements required by these conditions or shown on the site development plan. The offer shall be made by execution of an easement document or by a certificate on the Map prior to issuance of any building/grading permit for this project. All land so offered shall be dedicated to the City free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated. ST 11 The design of all private driveways and drainage systems shall be approved by the Development Services Department prior to issuance of any grading, improvement or building permit for this project. The structural section of all private streets shall conform to City of Encinitas minimum standards or be based on R-value tests, whichever is greater. ST 21 All paths of travel, sidewalks, curb ramps, pedestrian ramps, driveway aprons, etc. shall be designed and constructed in compliance with ADA standards. Prior to completion of the project, each and every facility shall be inspected against the City’s Public Right-of-Way Curb Ramp Inspection form. ST 22 Consistent with the City of Encinitas Trails Master Plan, a 5’ wide area shall be designated as a natural surface pedestrian path. The applicant may place DG in this area, but native soil will suffice as long as the cross slope is no more than 2%. This area shall be kept free and clear of obstruction. ST 23 All required public improvements shall be designed on a Public Improvement Plan approved by the City and permitted with a Public Improvement Permit. Adequate financial surety shall be posted prior to issuance of a Public Improvement Permit. ST 25 Any portion of the existing sidewalk or any other public improvements damaged during construction shall be repaired and/or replaced to the next joint to the satisfaction of the Development Services Department. ST 26 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 Development Services Department. ST 29 A centralized cluster style mailbox shall be located on private property in a location approve by the City and USPS. ST 30 Prior to commencement of any work in the public right-of-way or other work that may cause a traffic disturbance, the applicant shall obtain approval of a Traffic Control Plan from the City’s Traffic Engineering division, as necessary. ST 31 A street striping plan shall be prepared and included with the public improvement plans. Utilities Conditions UT 01 The owner shall comply with all the rules, regulations, and design requirements of the respective utility agencies regarding services to the project. The owner shall be responsible for coordination with S.D.G. & E., AT&T, Cox, SDWD, OMWD, LWD, and all other applicable utility companies. UT 02 All proposed utility services within the project shall be installed underground including existing utilities unless exempt by the Municipal Code. UT 04 The owner shall be responsible for the relocation and undergrounding of existing public utilities and appurtenances, as required including but not limited to pedestals, cabinets, vaults, poles, and guy wires. UT 05 The owner shall underground all overhead public utility lines, including electric, cable, telephone, fiber optic, and any other similar wire, and remove all existing utility poles and appurtenances along the property frontage, as well as any utility lines running through the site, side lines or in an adjacent easement per Chapter 23.36.120 of the Municipal Code. Undergrounding shall be extended to the next existing pole in order to provide for a net reduction of utility poles. Each facility shall be shown and called out on the grading/improvement plans and labeled as to be removed or constructed underground. UT 06 Sanitary sewer is available to serve this property. The applicant shall connect to the sanitary sewer system and shall pay all applicable capacity and permit fees. UT 16 The location of all utility facilities such as backflow preventers, transformers, etc. shall be plotted and adequate screening shall be provided to the satisfaction of the Development Services Department. Private facilities shall be located out of the public right-of-way to the maximum extent practicable. Any authorized encroachment into the public right-of-way will require an Encroachment Maintenance and Removal Covenant. UT 19 The traffic loops shall be replaced within three (3) days of completing work in the area to current Caltrans standard to detect bicycles per Traffic Operations Policy Directive 09-06 at no cost to the City. UT 20 Damage to traffic signal conduit or wiring shall be repaired immediately at no cost to the City. Stormwater Pollution Control Conditions STORM 01 Grading projects with a disturbed area of greater than one (1) acre must also meet additional requirements from the State Water Resources Control Board (SWRCB) and shall obtain coverage under the California State General Construction Permit. Those additional requirements may include filing a Notice of Intent (NOI) and preparing a Stormwater Pollution Prevention Plan (SWPPP), or a Small Site Low Erosivity Waiver to be submitted to the Water Board’s Stormwater Multiple Application and Report Tracking System (SMARTS). STORM 05 The project shall be categorized as a Priority Development Project for purposes of stormwater quality and shall be subject to Hydromodification Management Plan requirements. A Stormwater Quality Management Plan (SWQMP) with detailed Drainage Management Area exhibit shall be submitted with the grading permit application. Treatment and flow control facilities shall be detailed on the plans. 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. A Stormwater Treatment Facility Maintenance Agreement shall be recorded against the subject property to ensure maintenance of the BMP / HMP facilities in perpetuity. STORM 08 A Stormwater Maintenance Agreement (SWMA) shall be required to ensure the professional maintenance, repair, and replacement of the stormwater quality BMP as necessary into perpetuity. The covenant shall also detail the funding mechanism for the required maintenance. STORM 09 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 along with the Engineer’s Certification of Final Grading and Request for Field Clearance for Occupancy form to the Development Services Department 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. The inspection report shall include any pertinent information including material receipts, survey data, inspection dates, etc. in order to detail the construction of the drainage facility. STORM 11 Stormwater Quality Best Management Practice (BMP) facilities shall be designed and approved by the Development Services Department and secured with a performance bond prior to the issuance of a Grading permit for this project. STORM 13 All existing and proposed trash enclosures shall be fitted to comply with Stormwater Best Management Practice requirements. The trash enclosures shall have an impervious, non-combustible roof that will not allow rainwater to enter the enclosure. The enclosure shall be lockable and locked when not in use. A wide berm shall be installed at all openings to hold in any liquids that escape from the dumpster and to prevent any flow of stormwater through the trash enclosure area. The berm can be designed wide and flat to allow rolling of the dumpster in and out. The enclosure shall be self-contained and may drain into the public sanitary sewer system if feasible. A separate building permit may be required for this structure. STORM 14 Potential Critical Coarse Sediment Yield Areas (PCCSYA) have been identified on-site and upstream. The project’s SWQMP shall address the requirements associated with this condition. Map Conditions MAP 01 A Final Subdivision Map or Parcel Map shall be prepared by a California licensed land surveyor or civil engineer licensed prior to January 1, 1982. The map or parcel map shall comply with Chapter 1 of the City of Encinitas Engineering Design Manual and the project boundary shall be tied to two City approved first order monuments on the North American Datum NAD 83, 1991.35 epoch. MAP 03 This project is approved specifically as 1 (single) phase. MAP 05 Public/private grading/improvement plans shall be approved, and adequate surety shall be posted prior to a public hearing for approval of the Map/Parcel Map. Prior to recordation of the Final/Parcel Map, a Performance bond and Labor and Materials bond, or cash deposit, shall be posted for all the required public/private improvements and a covenant recorded against the subject property securing the improvements. F1 FIRE CONDITIONS: CONTACT THE FIRE DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): F2 ACCESS ROAD MINIMUM DIMENSIONS: Fire apparatus access roads identified as Circulation Element Roads and areas within the Very High Fire Hazard Severity Zone shall have an unobstructed improved width of not less than 24 feet and all other roads shall be not less than 20 feet; curb line to curb line. 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 and provide a vertical clearance of not less than 13 feet 6 inches. The fire apparatus access road shall comply with the requirements of CFC Section 503 with local amendments and shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the buildings as measured by an approved route around the exterior of the building. F2A FIRE ACCESS ROADWAY EXCEPTION: Gated entrances with card readers, guard stations or center medians, which have separated lanes of one-way traffic, shall be not less than 14 feet wide per lane. F4 DEAD ENDS: All dead-end fire access roads in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus. A cul-de-sac shall be provided in residential areas where the access roadway serves more than four (4) structures. The minimum unobstructed paved radius width for a cul-de-sac shall be 36 feet in residential areas with no parking. F5 GRADE: The gradient for a fire apparatus access roadway shall not exceed 20.0%. Grades exceeding 15.0 percent (incline or decline) shall not be permitted without mitigation. Minimal mitigation shall be a surface of Portland cement concrete, with a deep broom finish perpendicular to the entire direction of travel. Additional mitigation measures may be required where deemed appropriate. The angle of departure and angle of approach of a fire access roadway shall not exceed seven degrees (12 percent). 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 an approved emergency traffic control-activating strobe light sensor shall be installed per Encinitas Fire Department standards. F7 RESPONSE MAPS: Any new development, which necessitates updating of emergency response maps by virtue of new structures, hydrants, roadways or similar features, shall be required to provide map updates in one of the following formats (AutoCad DWG, DXF, ESRI shapefile, ESRI personal geodatabase, or XML format) and shall be charged a reasonable fee for updating all response maps. F8 CONSTRUCTION MATERIALS: Prior to delivery of combustible building construction materials to the project site all of the following conditions shall be completed to the satisfaction of the Fire Department: 1. All wet and dry utilities shall be installed and approved by the appropriate inspecting department or agency. 2. As a minimum the first lift of asphalt paving shall be in place to provide a permanent all-weather surface for emergency vehicles; and 3. Water supply for fire protection (fire hydrants and standpipes) shall be installed, in service and accepted by the Fire Department and applicable water district. F9 POSTING OR STRIPING ROADWAYS “NO PARKING FIRE LANE”: Fire Department access roadways, when required, shall be properly identified as per Encinitas Fire Department standards. The means by which fire lanes are designated shall be maintained in a clean and legible condition at all times and be replaced or repaired when necessary to provide adequate visibility. F10 OBSTRUCTION OF ROADWAYS DURING CONSTRUCTION: All roadways shall be a minimum of 24 feet in width during construction and maintained free and clear, including the parking of vehicles, in accordance with the California Fire Code and the Encinitas Fire Department. F11 FIRE HYDRANTS AND FIRE FLOWS: The applicant shall provide fire hydrants of a type, number, and location satisfactory to the Encinitas Fire Department. A letter from the water agency serving the area shall be provided that states the required fire flow is available. Fire hydrants shall be of a bronze type. Multi-family residential or industrial fire hydrants shall have two (2) four inch and two (2) 2 ½-inch NST outlets. Residential fire hydrants shall have one (1) four-inch NST outlet, and one (1) 2 ½-inch NST outlets. F12 FUEL MODIFICATION ZONES/FIRE BREAKS: The applicant shall provide and maintain fire/fuel breaks to the satisfaction of the Encinitas Fire Department. Fire/fuel breaks size and composition shall be determined by the Fire Department and shown on the improvement /grading plans and final map and building plans. 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 ½-inch stroke width for residential buildings, eight inches high with a ½-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. F15 AUTOMATIC FIRE SPRINKLER SYSTEM: Structures shall be protected by an automatic fire sprinkler system designed and installed to the satisfaction of the Fire Department. 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. F16 FIRE RESISTIVE CONSTRUCTION REQUIREMENTS FOR WILDLAND/URBAN 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. F17 SMOKE DETECTORS/CARBON MONOXIDE ALARMS/FIRE SPRINKLER SYSTEMS: Smoke detectors/carbon monoxide alarms/fire sprinklers shall be inspected by the Encinitas Fire Department. F18 CLASS “A” ROOF: All structures shall be provided with a Class “A” Roof covering to the satisfaction of the Encinitas Fire Department. F19 WET STANDPIPE SYSTEM: A Class I combined wet standpipe system is required. Standpipe system shall be designed and installed per NFPA 14 and Encinitas Fire Department requirements. F20 FIRE ALARM SYSTEM: A California State Fire Marshal listed fire alarm system is required and shall be designed and installed per NFPA 72, California Fire Code and Encinitas Fire Department requirements. F21 SOLAR PHOTOVOLTAIC INSTALLATIONS (Solar Panels): Solar Photovoltaic systems shall be installed per the California Fire Code and Encinitas Fire Department requirements. F22 Basement: 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. 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 250lb 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) The owner/applicant shall provide a Knox key box for emergency Fire Department access. SD1 SAN DIEGUITO WATER DISTRICT CONDITIONS: CONTACT THE ENCINITAS SAN DIEGUITO WATER DISTRICT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): SDWD A 01 The developer shall enter into a secured agreement with SDWD prior to map recordation. SDWD ED 01 The developer shall dedicate to SDWD the portion of the water system which is to be public. SDWD ED 02 The developer shall dedicate to SDWD all necessary easements for that portion of the water system which is to be public water. The minimum easement width shall be 30 feet. SDWD WS 02 The developer shall comply with SDWD’s fees, charges, rules and regulations. SDWD WS 04 The developer shall show all existing and proposed water facilities on improvement and/or grading plans for SDWD Approval (if applicable). SDWD WS 07 The developer shall install the water system according to Water Agencies’ (WAS) standards.