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.