2020-10 (EG)RESOLUTION NO. PC 2020-10A RESOLUTION OF THE CITY OF ENCINITAS PLANNING COMMISSIONAPPROVING A MAJOR USE PERMIT, DESIGN REVIEW PERMIT,TENTATIVE PARCEL MAP AND COASTAL DEVELOPMENT PERMIT TOREMODEL AN EXISTING COMMERCIAL BUILDING AND ADD A SECONDSTORY RESIDENTIAL UNIT, THE CONVERSION OF EXISTINGCOMMERCIAL GROUND FLOOR SPACE INTO AN ACCESSORY DWELLINGUNIT, EXCEEDING SIGN AREA, AND TEMPORARY CONSTRUCTIONTRAILER FOR THE PROPERTY LOCATED AT 448 NORTH COASTHIGHWAY 101.CASE NO. MULTI-002690-2018 (18-227 MUP/DR/TPM/CDP); APN: 256-272-12WHEREAS, Louis Russell submitted an application for a Major Use Permit, DesignReview Permit, Tentative Parcel Map and Coastal Development Permit application to allow for aremodel of an existing commercial building with the addition of a second story residential unitand the conversion of existing office space into an accessory dwelling unit on the ground floorassociated with the residential unit, and exceed signage by 20 square feet, one inch to theproperty located at 448 North Coast Highway 101, legally described in Exhibit "A"; andWHEREAS, the Planning Commission conducted a noticed public hearing on theapplication on April 16, 2020, May 7, 2020 and May 21,2020;andNOW, THEREFORE, BE IT RESOLVED that the Encinitas Planning Commissionhereby APPROVES Case No. MULTI-002690-2018 (18-227 MUP/DR/TPM/CDP) based on thefollowing Environmental Determination and Findings:Section 1. California Environmental Quality Act DeterminationThe project has been determined to be exempt from environmental review pursuant to CaliforniaEnvironmental Quality Act (CEQA) Guidelines Sections 15301 (a), 15301(e)(2) and 15332.Section 15301 (a) exempts interior or exterior alterations involving such things as interiorpartitions, plumbing and electrical conveyances. Section 15301(e)(2) exempts additions of up to10,000 square feet if public facilities and services are in place. Section 15332 exempts in-filldevelopment. The proposed improvements to the mixed-use building meet these criteria. Noneof the exceptions in Section 15300.2 of the CEQA Guidelines exists.Section 2. Discretionary Action(s) FindingsFINDINGSBased on the findings for a Major Use Permit as per Encinitas Municipal Code Section30.74.070 (Use Permit) and the aforementioned analysis, Planning Commission has madethe following findings to support the approval, with conditions:Findings for Major Use PermitExplanation of FindingThe location, size, design or operatingcharacteristics of the proposed project will beincompatible with or will adversely affect or willbe materially detrimental to adjacent uses,The project is conditioned to have adequatepublic facilities, services and utilities to servethe project. The additional sign area will notadversely affect or will be materially-1-
Findings for Major Use PermitExplanation of Findingresidences, buildings, structures or naturalresources, with consideration given to, but notlimited to:a. The inadequacy of public facilities, servicesand utilities to serve the proposed project.detrimental to adjacent uses as proposed.b. The unsuitability of the site for the type andintensity of use or development which isproposed.The site is suitable for the mixed-use projectand is compatible with similar development inthe surrounding community. The additionalsign area is compatible with the subjectdevelopment.c. The harmful effect, if any, uponenvironmental quality and natural resourcesof the city.No evidence has been identified to indicatethat the proposed project would have aharmful effect upon the environmental qualityand natural resources of the City. The projecthas been determined to be exempt fromenvironmental review pursuant to CaliforniaEnvironmental Quality Act (CEQA) GuidelinesSections 15301(a),15301(e)(2) and 15332.Based on Section 66474 of the California Government Code, findings for a TentativeParcel Map and the aforementioned analysis, Planning Commission has made thefollowing findings to support the approval, with conditions:Findings for Tentative MapExplanation of FindingThat the proposed map is not consistent withapplicable general and specific plans asspecified in Section 65451 of the SubdivisionMap Act.The proposed condominium map is consistentwith the General Plan and North 101 CorridorSpecific Plan.That the design or improvement of the proposedsubdivision is not consistent with applicablegeneral and specific plans.The project design and improvements areconsistent with the General Plan and North101 Specific Plan as conditioned herein.That the site is not physically suitable for theproposed type of development.The site design complies with all applicablemunicipal code requirements specified in theNorth 101 Corridor Specific Plan for the N-CM-1 zone with the exception of the legalnonconformities of lot area, width and depth.All necessary public facilities and services are inplace or can be extended to serve the project.That the site is not physically suitable for theproposed density of development.The project site is physically suitable for theproposed mixed-use development, consisting ofone residential unit and one commercial unit. Allnecessary public facilities and services are inplace or can be extended to serve the project.-2-
Findings for Tentative MapExplanation of FindingThat the design of the subdivision or theproposed improvements are likely to causesubstantial environmental damage orsubstantially or avoidably injure fish or wildlife ortheir habitat.The proposed subdivision is located in anurbanized area and would not affect any naturalhabitat. No significant negative environmentalimpacts would result from the proposedproject. The project has been determined to beexempt from environmental review per CEQAGuidelines Sections 15301 (a), 15301(e)(2) and15332.That the design of the subdivision or the type ofimprovements is likely to cause serious publichealth problems.All necessary public facilities and services are inplace or can be extended to serve the project.The project is exempt under CEQA.That the design of the subdivision or the type ofimprovements will conflict with easements,acquired by the public at large, for accessthrough or use of, property within the proposedsubdivision. In this connection, the authorizedagency may approve a map if it finds thatalternate easements, for access or for use, willbe provided, and that these will be substantiallyequivalent to ones previously acquired by thepublic. This subsection shall apply only toeasements of record or to easementsestablished by judgment of a court of competentjurisdiction and no authority is hereby granted toa legislative body to determine that the public atlarge has acquired easements through or use ofproperty within the proposed subdivision.All easements of record identified in thepreliminary title report for the subject propertyare shown on the proposed tentative parcelmap. No conflicts with easements of recordhave been identified.Based on the findings for a Design Review Permit as per Encinitas Municipal CodeSection 23.08.080 (Design Review) and the aforementioned analysis, PlanningCommission has made the following findings to support the approval, with conditions:Findings for Design Review PermitExplanation of FindingThe project design is inconsistent with theGeneral Plan, a Specific Plan, or the provisionsof the Municipal Code.The project is consistent with the provisions ofthe General Plan, North 101 Corridor SpecificPlan, Local Coastal Plan and provisions of theMunicipal Code.The project design is substantially inconsistentwith the Design Review Guidelines.The project is consistent with the DesignReview Guidelines, including those outlined inSections 4.5.2, 4.5.3 4.5.4. and 4.5.7 of theNorth 101 Corridor Specific Plan. The newproject provides a varied architectural facadeproviding high quality materials andstreetscape design. Varied materials, coupledwith articulated building massing formscontribute to an enhanced project within theLeucadia Community. Each elevation providesa varied experience as seen from adjacentproperties.-3-
Findings for Design Review PermitExplanation of FindingThe project would adversely affect the health,safety, or general welfare of the community.No evidence has been identified to indicatethat the proposed project would adverselyaffect the health, safety, or general welfare ofthe community. The project has beendetermined to be exempt from environmentalreview pursuant to California EnvironmentalQuality Act (CEQA) Guidelines.Based on the findings for a Coastal Development Permit as per Encinitas Municipal CodeSection 30.80.090 (Coastal Development Permit) and the aforementioned analysis,Planning Commission has made the following findings to support the approval, withconditions:Finding for Coastal Development PermitExplanation of Finding1. The project is consistent with the certifiedLocal Coastal Program of the City ofEncinitas.2. The proposed development conforms withPublic Resources Code Section 21000 andfollowing (CEQA) in that there are nofeasible mitigation measures or feasiblealternatives available which wouldsubstantially lessen any significant adverseimpact that the activity may have on theenvironment.3. For projects involving developmentbetween the sea or other body of waterand the nearest public road, approval shallinclude a specific finding that suchdevelopment is in conformity with thepublic access and public recreationpolicies of Section 30200 et. seq. of theCoastal Act.1) The proposed project, as conditioned, isconsistent with the certified Local CoastalProgram of the City of Encinitas, including theGeneral Plan, North Coast Highway 101Specific Plan and all applicable provisions of theEncinitas Municipal Code, with the approval ofthe Major Use Permit, Design Review Permit,Tentative Parcel Map and Coastal DevelopmentPermit;2) No evidence has been identified to indicatethat significant environmental impacts wouldresult from the proposed project. The projecthas been determined to be exempt fromenvironmental review per the CaliforniaEnvironmental Quality Act (CEQA) GuidelinesSections 15301 (a), 15301(e)(2) and 15332.3) Finding No. 3 is not applicable since theproject site is located on North Coast Highway101, which is not between the first public roadand the Pacific Ocean.The above environmental determination and findings are supported by the minutes, maps, andexhibits, all of which are herein incorporated by reference.BE IT FURTHER RESOLVED that based on the Environmental Determination andFindings hereinbefore adopted by the Planning Commission, Case No. MULTI-002690-2018(18-227 MUP/DR/TPM/CDP) is hereby subject to the conditions in Exhibit "B".-4-
PASSED AND ADOPTED this 21st day of May, 2020, by the following vote, to wit:AYES: Doyle, Ehlers, Farrow, Flicker, SherodNOES: NoneABSTAIN: NoneABSENT: NoneATTEST:^A^A-^rTiceEhleri,^hair^mMA\LRoy Sapa'uSecretaryNOTE: This action is subject to Chapter 1.04 of the Municipal Code, which specifies time limitsfor legal challenges.-5-
EXHIBIT "A"Resolution No. PC 2020-10Case No. MULTI-002690-2018 (18-227 MUP/DR/TPM/CDP)LEGAL DESCRIPTIONLOT 7, IN BLOCK "L" OF SEASIDE GARDENS, IN THE CITY OF ENCINITAS, COUNTY OFSAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 1800,FILED IN THE OFFICE OF THE RECORDER OF SAID SAN DIEGO COUNTY, AUGUST 6,1924.-6-
Applicant:Location:EXHIBIT "B"Resolution No. PC 2020-10Case No. MULTI-002690-2018 (18-227 MUP/DR/TPM/CDP)Louis Russell448 North Coast Highway 101 (APN: 256-272-12)SC1 SPECIFIC CONDITIONS:SC2 At any time after two years from the date of this approval, May 21, 2022, at 5 p.m., or theexpiration date of any extension granted in accordance with the Municipal Code, the Citymay require a noticed public hearing to be scheduled before the authorized agency todetermine if there has been demonstrated a good faith intent to proceed in reliance on thisapproval. If the authorized agency finds that a good faith intent to proceed has not beendemonstrated, the application shall be deemed expired as of the above date (or theexpiration date of any extension). The determination of the authorized agency may beappealed to the City Council within 10 days of the date of the determination.SC5 This project is conditionally approved as set forth on the application and the projectdrawings dated received by the City of Encinitas on May 13, 2020 consisting of eightsheets, including Title Sheet (AO.O), Symbols and Abbreviations (A0.1), Site Plan andConceptual Landscape Plan (A0.2), Demolition Plan and First Floor Plan (Sheet A1.0),Second Floor Plan and Roof Plan (Sheet A1.1), Building Elevations (Sheet A2.0), TrashEnclosure Drawings (Sheet A3.0), Tentative Map for Condominium Purposes (SheetA4.0), and Colored Elevations, Material Board and Signs Sheet; all designated asapproved by the Planning Commission on May 21, 2020, and shall not be altered withoutexpress authorization by the Development Services Department.SCA The following conditions shall be completed and/or fulfilled to the satisfaction of theDevelopment Services Department:1. The owner/applicant shall provide public improvements along the property frontage toNorth Coast Highway 101. Pending the timing of the City's North 101 Streetscapeproject, the City Engineer may authorize an in-lieu fee for the ultimate improvements.Interim improvements, if necessary, for Coast Highway shall include the demolition ofthe existing driveway apron and construction of new curb, gutter and sidewalk.2. Any portion of the existing sidewalk or any other public improvements damagedduring construction shall be replaced to the next joint to the satisfaction of the CityEngineer.3. All street signs, lights, lamps, utilities, etc. located within the public right-of-way shallbe protected in-place during construction or replaced to the satisfaction of the CityEngineer.4. All service lines to the building shall be constructed underground.-7-
5. The existing survey monuments shall be referenced on the site plan and shall beprotected in-place. If any monument is disturbed or destroyed it shall be replaced bya licensed land surveyor with a Corner Record prior to occupancy.6. All proposed trash enclosures shall be fitted to comply with Storm Water BestManagement Practice requirements. The trash enclosures shall have an impervious,non-combustible roof that will not allow rain water to enter the enclosure. Theenclosure shall be lockable and locked when not in use. A wide berm shall beinstalled at all openings to hold in any liquids that escape from the dumpster and toprevent any flow of storm water through the trash enclosure area. The berm can bedesigned wide and flat to allow rolling of the dumpster in and out. The enclosureshall be self-contained and shall drain into the public sanitary sewer system.7. Prior to Building Permit issuance, a covenant regarding real property shall berecorded regarding the accessory unit providing that compliance with the followingconditions shall be maintained: a) The accessory unit is approved for use as asecond dwelling unit, accessory to the principal use of the property as a primaryresidence, b) The use of the accessory unit shall be incidental, related, appropriateand clearly subordinate to the primary residence, c) Sale or ownership of theaccessory unit separate from the associated primary residence is prohibited.8. Upon completion of the project and prior to final occupancy, the construction trailerauthorized herein shall be removed from the project site.SCB The following conditions shall be completed and/or fulfilled to the satisfaction of the SanDieguito Water District (SDWD):1. The subject property is currently being served by a 3/4-inch water meter. If the existingwater meter needs to be upsized, cost of upgrading the meter and/or service shall bethe responsibility of the developer.2. A backflow preventer shall be installed on the water meter for the commercial unitmeeting SDWD standards. The location of the proposed backflow shall be shown onthe plans for SDWD approval.3. A dedicated fire line shall be installed. A backflow preventer shall be installed on thededicated fire line meeting SDWD standards. The location of the proposed backflowshall be shown on the plans for SDWD approval.4. The owner/applicant shall install the water system according to Water Agencies'Standards (WAS).5. Water meters shall be located in front of the parcel they are serving and outside of anyexisting or proposed travel way. Appurtenances shall not be placed in roadside ditches.Cost of relocation shall be the responsibility of the developer.6. The owner/applicant shall show all existing and proposed water facilities onimprovement and/or grading plans for SDWD approval.7. The owner/applicant shall comply with SDWD's fees, charges, rules, and regulations.-8-
SCC The sign locations and sign area are approved as shown. Changes to the overall area ofthe signs (not the word text or copy) are subject to review by the Development ServicesDepartment. Such changes may require a Substantial Conformance (SUBC) reviewapplication consistent with the findings contained in Chapter 30.74 (Use Permit) for suchchanges.G1 STANDARD CONDITIONS:CONTACT THE DEVELOPMENT SERVICES DEPARTMENT REGARDING COMPLIANCEWITH THE FOLLOWING CONDITIONS:M1 This approval may be appealed to the City Council within 10 calendar days from the date ofthis approval pursuant to Chapter 1.12 of the Municipal Code.G4 Prior to building permit issuance/grading, the owner shall cause a covenant regardingreal property to be recorded. Said covenant shall set forth the terms and conditions of thisgrant of approval and shall be of a form and content satisfactory to the DevelopmentServices Director.G5 The Owner(s) shall waive any claims of liability against the City and indemnify, holdharmless and defend the City and City's employees regarding any component of the City'sapproval, by executing an indemnity agreement in substantially the form as provided by theDevelopment Services Department prior to building permit issuance and theDevelopment Services Director, or designee, is hereby authorized to execute the same.G6 Approval of this request shall not waive compliance with any sections of the MunicipalCode and all other applicable City regulations in effect at the time of Building Permitissuance unless specifically waived herein.G8 Prior to issuing a final inspection on framing, the applicant shall provide a sun/ey from alicensed surveyor or a registered civil engineer verifying that the building height is incompliance with the approved plans. The height certification/survey shall besupplemented with a reduced (8 Vi inches x 11 inches) copy of the site plan andelevations depicting the exact point(s) of certification. The engineer/surveyor shallcontact the Development Services Department to identify and finalize the exact point(s)to be certified prior to conducting the survey.G10 Trash enclosure(s) shall be constructed of masonry with an exterior compatible with that ofthe building(s), and shall be provided with view-obstructing solid metal gates as approvedby the authorized agency. Adequate space for recyclable materials shall be provided withinthe enclosure in accordance with Municipal Code requirements. The applicant shall reviewthe design of the trash enclosure with the service provider and receive approval prior tobuilding permit issuance.G11 All retaining and other freestanding walls, fences, and enclosures shall be architecturallydesigned in a manner similar to, and consistent with, the primary structures (e.g. stucco-coated masonry, split-face block or slump stone). These items shall be approved by theDevelopment Services Department prior to the issuance of building and/or grading permits.G12 All roof-mounted equipment and appurtenances, including air conditioners and theirassociated vents, conduits and other mechanical and electrical equipment, shall be-9-
architecturally integrated, and shall be shielded from view and sound buffered to thesatisfaction of the Development Services Department. Note: All rooftop equipmentshall be assumed visible unless demonstrated otherwise to the satisfaction of theDevelopment Services Department, and adequate structural support shall beincorporated into building design. Rooftop vent pipes shall be combined below the roof,and shall utilize decorative caps where visible from any point. Ground-mounted mechanicaland electrical equipment shall also be screened through use of a wall, fence, landscaping,berm, or combination thereof to the satisfaction of the Development Services Department.All exterior accessory structures shall be designed to be compatible with the primarybuilding's exterior to the satisfaction of the Development Services Department.G 13 Prior to any use of the project site pursuant to this permit, all conditions of approvalcontained herein shall be completed or secured to the satisfaction of the DevelopmentServices Department.G14 The applicant shall pay development fees at the established rate. Such fees may include,but not be limited to: Permit and Plan Checking Fees, Water and Sewer Service Fees,School Fees, Traffic Mitigation Fees, Flood Control Mitigation Fees, Park Mitigation Fees,and Fire Mitigation/Cost Recovery Fees. Arrangements to pay these fees shall be madeprior to building permit issuance/initiating use in reliance on this permit to thesatisfaction of the Development Services Departments. The applicant is advised to contactthe Development Services Department regarding Park Mitigation Fees, Flood Control andTraffic Fees, applicable School District(s) regarding School Fees, the Fire Departmentregarding Fire Mitigation/Cost Recovery Fees, and the applicable Utility Departments orDistricts regarding Water and/or Sewer Fees.G15 A plan shall be submitted for approval by the Development Services Department and theFire Department regarding the security treatment of the site during the construction phase,the on- and off-site circulation and parking of construction workers' vehicles, and any heavyequipment needed for the construction of the project.G16 Parking lot lights shall have a maximum height of 18 feet from the finished grade of theparking surface, and the light source shall be directed away from all property lines, adjacentstreets and residences.G17 Parking lot layout shall meet the standards of the Municipal Code and the Off-StreetParking Design Manual.G18 In accordance with the provisions of the Off-Street Parking Design Manual, all parkingspaces (except handicapped spaces) shall be delineated by double-line striping consistingof 4-inch wide painted white lines one to two feet apart, and all parking areas with morethan one row of parking spaces shall have directional signs or painted directional arrowswhere one way travel is necessary to guide traffic, all of which shall be indicated in buildingplans and found satisfactory by the Development Services Department prior to finalapproval of the project's building permit. Adjacent to the sides of the parking lot landscapeislands, stalls shall be provided with a 12-inch wide concrete strip adjacent to the island'scurb.G19 Parking area shall be screened from adjacent properties and/or public view with decorativewall(s) and/or landscaping. Said screening shall be reviewed and approved by theDevelopment Services Department prior to building permit issuance.-10-
G21 Decorative use of neon or LED tubing or banding, such as tubing around windows or doorsor banding around the building exterior, shall not be allowed unless approved throughsubsequent design review permit modification(s). Temporary window signs are limited to 25percent of window area in accordance with Section 30.60.060 (N) of the Municipal Code.G22 All utility connections shall be designed to coordinate with the architectural elements of thesite so as not to be exposed except where necessary. Locations of pad mountedtransformers, meter boxes, and other utility related items shall be included in the site plansubmitted with the building permit application with an appropriate screening treatment.Transformers, terminal boxes, meter cabinets, pedestals, ducts and other facilities may beplaced above ground provided they are screened with landscaping.G23 Building plans for all new commercial/office buildings shall include installation of wiring forcurrent or conduits for future installation of photovoltaic energy generation system(s) andan electric vehicle charging station.G24 Any wall, fence or combination thereof exceeding six feet in height and facing anyneighboring property or visible from the public right-of-way shall be subject to design reviewpursuant to Section 23.08.040.A.1 of the Encinitas Municipal Code. Where a minimum twofeet horizontal offset is provided, within which screening vegetation is provided to thesatisfaction of the Development Services Department, the fence/wall may not beconsidered one continuous structure for purpose of measuring height and may beexempted from design review provided none of the offset fences or walls exceed six feet inheight pursuant to Section 23.08.030. B.1.G25 Newly constructed single-family dwelling units shall be pre-plumbed for a graywater systempermitted and constructed in accordance with Chapter 16 of the California Plumbing Codeand including a stub-out in a convenient location for integration of the graywater systemwith landscape irrigation systems and accepting graywater from all sources permissible inconformance with the definition of graywater as per Section 14876 of the California WaterCode. Exception: A graywater system shall not be permitted where a percolation testshows the absorption capacity of the soil is unable to accommodate the discharge of agraywater irrigation system.LANDSCAPINGL1 The project is subject to Chapter 23.26 of the Municipal Code (Water Efficient LandscapeProgram), which requires a landscape and irrigation plan to be prepared by a Statelicensed 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 Statelicensed landscape designer must be submitted as part of the building permit application forthe project.L2 All required plantings and automated irrigation systems shall be in place prior to use oroccupancy of new buildings or structures. All required plantings and automated irrigationsystems shall be maintained in good condition, and whenever necessary, shall be replacedwith new materials to ensure continued compliance with applicable landscaping, buffering,and screening requirements. All landscaping and irrigation systems shall be maintained in amanner that will not depreciate adjacent property values and otherwise adversely affect-11-
adjacent properties. All irrigation lines shall be installed and maintained underground(except drip irrigation systems).L3 All parking areas and driveways shall conform with Chapter 30.54 of the Municipal Codeand the City's Off-street Parking and Design Manual incorporated by reference therein.L4(a) All landscaping, fences, walls, etc. on the site, in any adjoining public parkways (the areabetween the front property line and the street) shall be permanently maintained by theowner, assigns or any successors in interest in the property. The maintenance programshall include normal care and irrigation of the landscaping; repair and replacement of plantmaterials and irrigation systems as necessary; and general cleanup of the landscaped andopen areas, parking lots and walkways, walls, fences, etc. Failure to maintain landscapingand the site in general may result in the setting of a public hearing to revoke or modify theapproval. This condition shall be recorded with the covenant required by this Resolution.L5 All masonry freestanding or retaining walls visible from points beyond the project site shallbe treated with a protective sealant coating to facilitate graffiti removal. The sealant shall beof a type satisfactory to the Development Services Departments. The property owner shallbe responsible for the removal in a timely manner of any graffiti posted on such walls.DESIGN REVIEWDR1 Any future modifications to the approved project will be reviewed relative to the findings forsubstantial conformance with a design review permit contained in Section 23.08.140 of theMunicipal Code. Modifications beyond the scope described therein may require submittalof an amendment to the design review permit and approval by the authorized agency.DR3 All project grading shall conform with the approved plans. If no grading is proposed on theapproved plans, or subsequent grading plans are inconsistent with the grading shown onthe approved plans, a design review permit for such grading shall be obtained from theauthorized agency of the City prior to issuance of grading or building permits.SIGNS81 Any signs proposed for this development shall be designed and approved in conformancewith Encinitas Municipal Code Chapter 30.60.USE PERMITSU1 At all times during the effective period of this permit, the responsible party shall obtain andmaintain in valid force and effect, each and every license and permit required by agovernmental agency for the operation of the authorized activity.U2 In the event that any of the conditions of this permit are not satisfied, the DevelopmentServices Department shall cause a noticed hearing to be set before the authorized agencyto determine whether the City of Encinitas should revoke this permit.U3 Upon a showing of compelling public necessity demonstrated at a noticed hearing, the Cityof Encinitas, acting through the authorized agency, may add, amend, or delete conditionsand regulations contained in this permit.-12-
U4 Nothing in this permit shall relieve the applicant from complying with conditions andregulations generally imposed upon activities similar in nature to the activity authorized bythis permit.U5 Nothing in this permit shall authorize the applicant to intensify the authorized activitybeyond that which is specifically described in this permit.U7 Any future modifications to the approved project will be reviewed relative to the findings forsubstantial conformance with a use permit contained in Section 30.74.105 of the MunicipalCode. Modifications beyond the scope described therein will require submittal of anamendment to the use permit and approval by the authorized agency.B1 BUILDING CONDITION(S):CONTACT THE DEVELOPMENT SERVICES DEPARTMENT REGARDING COMPLIANCEWITH THE FOLLOWING CONDITION(S):B2 The applicant shall submit a complete set of construction plans to the DevelopmentServices Department for plancheck processing. The submittal shall include aSoils/Geotechnical Report, structural calculations, and State Energy compliancedocumentation (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 materialsspecifications. Submitted plans must show compliance with the latest adopted editions ofthe California Building Code (The Uniform Building Code with California Amendments, theCalifornia Mechanical, Electrical and Plumbing Codes). Commercial and Multi-residentialconstruction must also contain details and notes to show compliance with State disabledaccessibility mandates. These comments are preliminary only. A comprehensiveplancheck will be completed prior to permit issuance and additional technical coderequirements may be identified and changes to the originally submitted plans may berequired.F1 FIRE CONDITIONfS):CONTACT THE FIRE DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWINGc0NDlT10N(8):F10 OBSTRUCTION OF ROADWAYS DURING CONSTRUCTION: All roadways shall be aminimum of 24 feet in width during construction and maintained free and clear, includingthe parking of vehicles, in accordance with the California Fire Code and the EncinitasFire Department.F13 ADDRESS NUMBERS: STREET NUMBERS: Approved numbers and/or addressesshall be placed on all new and existing buildings and at appropriate additional locationsas to be plainly visible and legible from the street or roadway fronting the property fromeither direction of approach. Said numbers shall contrast with their background, andshall meet the following minimum standards as to size: four-inch high with a one-halfinch stroke width for residential buildings, eight-inch high with a one-half-inch stroke forcommercial and multi-family residential buildings, 12-inch high with a one-inch stroke forindustrial buildings. Additional numbers shall be required where deemed necessary bythe Fire Marshal, such as rear access doors, building comers, and entrances tocommercial centers.-13-
F15 AUTOMATIC FIRE SPRINKLER SYSTEM: Structures shall be protected by anautomatic fire sprinkler system designed and installed to the satisfaction of the FireDepartment.F18 CLASS "A" ROOF: All structures shall be provided with a Class "A" Roof covering tothe satisfaction of the Encinitas Fire Department.E1 ENGINEERING CONDITIONS:CONTACT THE DEVELOPMENT SERVICES DEPARTMENT REGARDING COMPLIANCEWITH THE FOLLOWING CONDITION(S):E2 All City Codes, regulations, and policies in effect at the time of building/grading permitissuance shall apply.E3 All drawings submitted for Engineering permits are required to reference the NAVD 88datum; the NGVD 29 datum will not be accepted.EG1 Grading ConditionsEG 14 A grading permit shall be obtained for this project unless the proposed grading is exemptunder section 23.24.090 of the Municipal Code. If the proposed grading is exempt frompermit requirement, the Owner shall provide a precise site plan prior to approval of abuilding permit. The building site plan shall provide design for drainage improvements,erosion control, storm water pollution control, and on-site pavement.ED1 Drainage ConditionsED2A An erosion control system shall be designed and installed onsite during all constructionactivity. The system shall prevent discharge of sediment and all other pollutants ontoadjacent streets and into the storm drain system. The City of Encinitas Best ManagementPractice Manual shall be employed to determine appropriate storm water pollution controlpractices during construction.ED5M The owner shall pay the current local drainage area fee prior to approval of the final map forthis project or shall construct drainage systems in conformance with the Master DrainagePlan and City of Encinitas Standards as required by the Development Services Director.ED6M The owner of the subject property shall execute a hold harmless covenant regardingdrainage across the adjacent property prior to approval of the final map/any grading orbuilding permit for this project.ED7 Concentrated flows across driveways and/or sidewalks shall not be permitted.ES1 Street ConditionsESS Prior to any work being performed in the public right-of-way, a right-of-way constructionpermit shall be obtained from the Development Services Director and appropriate feespaid, in addition to any other permits required.-14-
ES10 Improvements constructed within the present or future public right-of-way shall beconsidered temporary. The owner shall enter into an encroachment removal covenantagreeing to remove those improvements at the direction of the City.EU1 Utilities ConditionsEU2M The developer shall comply with all the rules, regulations and design requirements of therespective utility agencies regarding services to the project.EU3M The developer shall be responsible for coordination with S.D.G. & E., AT&T, and otherapplicable authorities.EU4 All proposed utilities within the project shall be installed underground including existingutilities unless exempt by the Municipal Code.ESW1 Storm Water Pollution Control ConditionsESW3 Best Management Practice shall be utilized for storm water pollution control to thesatisfaction of the City Engineer. The surface run off shall be directed over grass andlandscaped areas prior to collection and discharge onto the street and/or into the publicstorm drain system. If pipes are used for area drainage, inlets shall be located to allowmaximum flow distance over grass and non-erodable landscape areas. A grass linedditch, reinforced with erosion control blanket, or a rip-rap lined drainage ditch shall beused instead of a concrete ditch where feasible. Hardscaped areas and driveways shallbe sloped toward grassy and landscaped areas. Driveways with a grass or gravel linedswale in the middle can be used if the site topography does not allow for the dischargeof driveway runoff over landscaped areas. The Permit Site Plan shall identify alllandscape areas designed for storm water pollution control (SWPC). A note shall beplaced on the plans indicating that the BMIPs are to be privately maintained and thefacilities not modified or removed without a permit from the City.ESW5 The project must meet storm water quality and pollution control requirements. Theapplicant shall design and construct landscape and/or turf areas and ensure that allflows from impen/ious surfaces are directed across these areas prior to discharging ontothe street. A Grading Plan/Tentative Map/Permit Site Plan identifying all landscapeareas designed for storm water pollution control (SWPC) and Best Management Practiceshall be submitted to the Development Services Department approval. A note shall beplaced on the plans indicating that the modification or removal of the SWPC facilitieswithout a permit from the City is prohibited.ESW9 For storm water pollution control purposes, all runoff from all roof drains shall dischargeonto grass and landscape areas prior to collection and discharge onto the street and/orinto the public storm drain system. Grass and landscape areas designated for stormwater pollution control shall not be modified without a permit from the City. A note to thiseffect shall be placed on the Permit Site plan.EM1 MapEM3 This project is approved specifically as one (single) phase.-15-