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2021-78 - EG'ECITY OF ' � NOTICE OF DECISION ncinitas Development Services Department DEVELOPMENT SERVICES DEPARTMENT Project Name: Nielsen Residence Request: Conversion of a duplex to a single-family residence with additions including the construction of a new accessory dwelling unit (ADU), and a boundary adjustment to consolidate two legal lots into one lot Discretionary Actions: Boundary Adjustment (BADJ) Coastal Development Permit (CDP) CEQA Determination: Exempt DECISION: APPROVED Project Number: MULTI-004323-2021; BADJ-004325-2021; CDP-004326- 2021 DSD Number: 2021-78 Location: 2372 and 2374 Cambridge Avenue Community: Cardiff -by -the -Sea APN: 261-093-44-00 Applicant: Eric Nielsen Representative: Jean-Louis Conquereau, JLC Architecture. Project Planner: Andrew Maynard, Senior Planner Decision Date: November 18, 2021 Report Approval: ®Anna Colamussi, Planning Manager PROJECT DESCRIPTION A Boundary Adjustment (BADJ) and Coastal Development Permit (CDP) is proposed to consolidate two existing legal parcels of record under the same ownership into one lot, convert a duplex into a single-family residence and construct a new attached accessory dwelling unit (ADU). Access to the site will remain from the alley. PROJECT NUMBER: MULTI-004323-2021 NOVEMBER 18, 2021 PROJECT ANALYSIS Background According to a Residential Building Record the existing duplex was constructed in 1967 under the jurisdiction of the San Diego County. No other permits have been processed for the subject property since City Incorporation in 1986. Project Site Characteristics: General Plan: Residential 11 (R-11) Zoning District: R-11 Zoning Overlay: Coastal Overlay Zone; Special Study Overlay Zone; Scenic/Visual Corridor Overlay Zone Community Character Context: Village Center Other Key City Plan: None Notable State or Regional Plan and Law: None The subject lots are situated within a developed residential community and consists of a property developed with a duplex. The property has a General Plan Land Use Designation and Zoning Designation of Residential 11 (R-11). The R-11 Zoning Designation is intended to provide for suburban single-family detached residential units, condominiums and duplexes with minimum lot sizes of 3,950 net square feet and maximum densities of 11 units per net acre. The site is located within the Village community character context within the Community of Cardiff, which is generally organized on smaller lots, and includes primarily single-family dwellings, with some "twin homes" and condominiums dispersed throughout. The proposed single-family home is consistent with the existing character in the immediately surrounding neighborhood. Adjacent Area: Direction General Plan & Community Character Context Land Use Zoning District North Residential 11 Village Center Duplex & R-11 South Residential 11 Village Center Duplex R-11 & R-11 East Residential 8 & Village Center Duplex/Single-family Homes R-11 West Residential 11 Village Center Duplex/Single-family Homes & R-11 The surrounding area consists primarily of a developed mix of single-family residential units and duplex units. The properties located to the north, south, west and east of the project sites are all zoned Residential 11 (R-11). General Plan Consistency The City of Encinitas General Plan includes a number of goals and policies that guide development and land use within the City. A discussion of how the project is consistent with applicable General Plan policies is summarized below: 2of15 PROJECT NUMBER: MULTI-004323-2021 NOVEMBER 18, 2021 General Plan Goal or Policy Explanation of Project Conformance Land Use Element Goal 6: Every The boundary adjustment consolidates area between effort shall be made to ensure that two existing underlying parcels. The existing duplex will the existing desirable character of be converted to a single-family use with an accessory the communities is maintained. dwelling unit. The project is consistent with the Village community character context and surrounding neighborhood. Land Use Policy 1.12: The The applicant is proposing the conversion of a duplex to residential character of the City a detached single-family residence and is consistent shall be substantially single-family with surrounding character of single-family and duplex detached housing. units Municipal Code Analysis The properties are located within the Residential 11 (R-11) Zones. The proposed project meets the development standard criteria as identified below: Development Standard Project Proposed Complies? Lot Area — 3,950 square feet (net 5,000 square feet (net lot area) Yes ® No ❑ lot area Lot Width — 40 feet minimum 49.98 feet Yes ® No ❑ Lot Depth — 90 feet minimum 100.34 feet Yes ® No ❑ Single -Family Residence Front Yard Setback — 20 feet 20 feet Yes ® No ❑ Rear Yard Setback — 20 feet 20 feet Yes ® No ❑ Interior Side Yard Setback— 5 North Side: 5 feet Yes ® No ❑ feet South Side: 5 feet Accessory Dwelling Unit Front Yard Setback — 20 feet 62 feet Yes ® No ❑ Rear Yard Setback — 4 feet 4 feet Yes ® No ❑ Interior Side Yard Setback— 4 North Side: 5 feet Yes ® No ❑ feet South Side: 26 feet, 9-3/4 inches Lot Coverage — 40 percent 38 percent Yes ® No ❑ Floor Area Ratio — 0.6 0.54 Yes ® No ❑ Parking — Single -Family 2-car attached garage and 1- Yes ® No ❑ Residence >2,500 square feet: unenclosed parking space Two enclosed spaces within a perpendicular to the driveway garage and one unenclosed space (3 total parking spaces) Accessory Dwelling Unit (ADU) — An additional parking space is The ADU is located within'/2-mile of a required for the ADU, unless the transit stop. An additional parking stall ADU is located within 1/2- mile of for the ADU is not required. a transit stop. Building Height — Single-family Two-story structure Yes ® No ❑ residence Two stories and 22 feet measured 22-foot maximum flat roof height to the from the lower of the existing or top of the roof finish above the exterior finished grade to the top of the roof wall and 26 feet to the top of ridge for finish above the exterior wall; 26 a sloping roof 3of15 PROJECT NUMBER: MULTI-004323-2021 NOVEMBER 18, 2021 Development Standard Project Proposed Complies? feet measured from the lower of 14 feet in height for the attached the existing or finished grade to accessory dwelling unit the highest peak of the pitched roof ADU- 16 feet in height measured from the lower of the existing or finished grade Boundary Adjustment The proposal includes a Boundary Adjustment (BA) and a Coastal Development Permit (CDP) to consolidate two underlying legal lots (19 and 20) of Map 1298. The resulting lots will comply with the minimum net lot area, lot depth and lot width standards for the R-11 Zone as outlined in the table above. As a condition of approval, the applicant will be required to submit a Certificate of Compliance to the City to record the formal lot consolidation. Building Height The applicant has documented that the average lot slope for the subject lot is less than 10 percent. Encinitas Municipal Code Section 30.16.010B.6.e states that for lots with an average lot slope of less 10 percent, the building height for the primary single-family dwelling shall not exceed 22 feet to the top of the flat roof and top of roof above the building wall, measured from the lower of the existing or finished grade most adjacent to the building wall below, and 26 feet to the top of the sloping ridgeline. The applicant has documented that the flat roofs (less than 3:12 roof pitch) and all roofs above the building walls will comply with the 22-foot height limitation. Additionally, the applicant has documented the ridgeline will be located below 26 feet in height. A roof deck is proposed on the second story of the residence. The project plans demonstrate that the roof deck fits with a projected pitched envelope. A roof deck is permitted when it can be demonstrated that the proposed roof design could have been accomplished within the projected roof envelope with a minimum 3:12 or steeper roof pitch. The proposed project complies with the maximum residential height standards. Standard Condition of Approval HC 01 (Height Certification) requires a height certification from a licensed surveyor or a registered civil engineer verifying that the building height is in compliance with the approved plans during construction to demonstrate compliance with the approved plans. Architectural Projections Pursuant to EMC Section 30.16.010.F.8, architectural projections are permitted to encroach up to four feet (horizontally) within the required rear yard setback, and up to two feet (horizontally) into the required five-foot side yard setback. The project's architectural roof projections are proposed to encroach into the required side and rear yard setbacks on the proposed residence and the accessory dwelling unit. The roof eave projections for the main residence will encroach two feet into the front yard, rear yard and required side setbacks. The main residence will have a second -story architectural projection with a bench, which will encroach a maximum of two feet 4of15 PROJECT NUMBER: MULTI-004323-2021 NOVEMBER 18, 2021 horizontally and six feet vertically. The architectural projections are consistent with Municipal Code standards. Accessory Dwelling Unit Per EMC Section 30.48.040.T, accessory dwelling units are permitted in conjunction with the construction of a new single-family residence on lots zoned for single-family or multifamily use. The proposed attached accessory dwelling unit is 552 square feet and is positioned on the first story. It conforms to the accessory dwelling unit setbacks of four feet to the rear or side property line and conforms to the front yard setback. It includes a private kitchen and bathroom and has no interior access to the main residence. The 552-square foot accessory dwelling unit is exempt from the lot coverage and floor area ratio calculations under new California State Legislation (AB 68), which allows for up to 800 square feet of accessory dwelling unit area by -right. Under Encinitas Municipal Code Section 30.48.040.T.15, it also does not require additional parking due to its close proximity to a public transit stop (less than a half -mile). The proposed unit is in conformance with all applicable Municipal Code standards. Prior to the issuance of the building permit the applicant will be required to record a covenant for the accessory unit. Special Study Overlay Zone The subject site is located with the Special Study Overlay Zone. The project site has been previously fully graded for the construction of the existing duplex, driveway and other improvements onsite. The site would not be subject to the Hillside/Inland Bluff Overlay regulations. Scenic/Visual Corridor Overlay Zone The project is located within the Scenic Visual Corridor Overlay Zone (S/VCO). Section 30.34.080 (Scenic/Visual Corridor Overlay Zone) of the Municipal Code provides that for projects within the S/VCO Zone, consideration shall be given to the overall public visual impact of the project. It also allows certain conditions or limitations pertaining thereto to be applied to the project. The new residence is a stepped one- and two-story structure infill project for the conversion from a duplex to a single-family residence with one-story accessory dwelling unit. The residence is screened by existing homes to the east and is located over 800 feet from Interstate 5. Therefore, no special conditions or measures are needed to ensure consistency with the requirements of the S/VCO Zone. Design Review Exemption The proposed project is a custom single-family residence with a dissimilar building footprint, orientation, elevations, and architectural features from residences in the immediate neighborhood and is exempt from Design Review in accordance with EMC Section 23.08.030137. The project meets the criteria of the exemption. Local Coastal Program Consistency The proposed project is located within the Coastal Zone and requires the approval of a Boundary Adjustment and Coastal Development Permit. The project adheres to the applicable development standards of the Residential 11 (R-11), including net lot area, lot width, and lot depth, setbacks, lot coverage, floor area ratio, parking and building height, as provided in the Encinitas Municipal Code, and the goals and policies of the General Plan and Local Coastal Program. 5 of 15 PROJECT NUMBER: MULTI-004323-2021 NOVEMBER 18, 2021 PUBLIC NOTICE AND PARTICIPATION Public Notice The Notice of Pending Action on the Coastal Development Permit was mailed on September 16, 2021, to all property owners and occupants within 500 feet of the project site, and to anyone who requested such notice in writing, in compliance with Encinitas Municipal Code Sections 30.01.070 and 30.80.080, as applicable. Additionally, as a courtesy, the notice was posted at City Hall and on the Development Services Department's Internet site under "Public Notices,". Staff received no comments or concerns. ENVIRONMENTAL CONSIDERATIONS The project is determined to be exempt from environmental review as per Sections 15305(a) (Class 5-Minor Alterations in Land Use Limitations) and 15303(a) of the California Environmental Quality Act (CEQA) Guidelines. Section 15305(a) exempts minor alterations in land such as minor lot line adjustments. 15303(a) exempts the construction of a primary single-family residence. The project meets the criteria of the CEQA Guidelines section. No historic resources are affected by the construction and grading proposed with the project. None of the exceptions in Section 15300.2 exists. The project meets these exemption criteria. The project does not result in any changes in land use or density, consistent with the CEQA exemption criteria. In addition, none of the exceptions listed in Section 15300.2 exist for the proposed project. DISCUSSION The proposed project is in conformance with the General Plan and Chapters 30.16 (Residential Zone), 30.80 (Coastal Development Permit), and 24.70 (Lot Line Adjustments) of the Encinitas Municipal Code. The project meets all of the applicable development standards for the Residential 11 (R-11) Zone, including net lot area, setbacks, lot coverage, floor area ratio, lot width, and lot depth. FINDINGS Based on the findings for a Lot Line Adjustment as per Encinitas Municipal Code Section 24.70.060 and the aforementioned analysis, the Development Services Department has made the following findings to support the approval, with conditions: Finding for Boundary Adjustment Explanation of Finding Parcels resulting from the adjustment will: After the lot line adjustment, the resulting parcel will comply with the required lot size, 1. Create a condition, which does not comply width and depth standards, and all other with zoning and development regulation. development standards for the R-11 Zone, All parcels resulting from a lot line including setbacks, lot coverage, and floor adjustment shall comply with minimum area ratio and parking. City requirements for lot size, dimensions, access, parking and circulation, and all The lot resulting from the lot line adjustment is other applicable development standards within the limitations for lot density and established through the zoning and intensity of development as established by the development code. The lot line adjustment underlying R-11 zoning and development shall also be found to promote available standards. design standards and guidelines as established through the zoning and 6of15 PROJECT NUMBER: MULTI-004323-2021 NOVEMBER 18, 2021 Finding for Boundary Adjustment Explanation of Finding development code. The lots resulting from a lot line adjustment and existing and/or potential development on those lots shall be found to be within limitations for lot density and intensity of development and use as established through the zoning and development code. 2. Create a condition which does not comply The resulting condition with the new single - with building regulations. family residence with accessory dwelling unit will comply with all building regulations. 3. Materially, adversely affect an agreement No public improvements are proposed as a part for the security for the construction of public of this project. The boundary adjustment does improvements. not affect any agreements for the construction of public improvements. 4. Extends beyond the City limit boundary. All parcels are located within the City of Encinitas boundaries. 5. Requires substantial alteration of any The proposed lot line adjustment does not existing improvement or creates a need for create a need for any new improvements, or the any new improvement. alteration of any existing improvement. 6. Adjusts the boundary line between lots that The lot line adjustment only affects the interior are subject to an agreement for public common property line of the subject lots. No improvements, unless the City Engineer agreement for public improvements will be finds that the proposed adjustment will not affected by the proposed adjustment. materially affect such agreement for the security thereof. Based on the findings for a Coastal Development Permit as per Encinitas Municipal Code Section 30.80.090 and the aforementioned analysis, the Development Services Department has made the following findings to support the approval, with conditions: Finding for Coastal Development Permit Explanation of Finding 1. The project is consistent with the certified The proposed conversion to the single-family Local Coastal Program of the City of residence, construction of a new accessory Encinitas; and dwelling unit and lot line adjustment for a lot consolidation complies with all applicable development standards for the Residential 11 (R-11) Zone, including net lot area, lot width, lot depth, setbacks, lot coverage, FAR, parking and building height. The project is consistent with the policies of the City's certified Local Coastal Program including the provisions of the General Plan and the Municipal Code. 2. The proposed development conforms with No potentially significant adverse impacts to the Public Resources Code Section 21000 environment will result from the project. The and following CEQA in that there are no project is exempt from environmental review 7of15 PROJECT NUMBER: MULTI-004323-2021 NOVEMBER 18, 2021 Finding for Coastal Development Permit Explanation of Finding feasible mitigation measures or feasible pursuant to Sections 15305(a) (Class 5-Minor alternatives available which would Alterations in Land Use Limitations) and substantially lessen any significant 15303(a) of the California Environmental adverse impact that the activity may have Quality Act (CEQA) Guidelines. The project is on the environment; and a minor lot line adjustment and new single- family residence, which is exempt from environmental review. The project is consistent with the CEQA exemption criteria. The project will not have a significant adverse impact on the environment. 3. For projects involving development The project site is located on west side of between the sea or other body of water Cambridge Avenue between Dublin Drive and and the nearest public road, approval shall Norfolk Drive, which is not located between include a specific finding that such the sea and the nearest public road; therefore, development is in conformity with the this finding does not apply to the project. public access and public recreation policies of Section 30200 et. seq. of the Coastal Act. CONCLUSION The Development Services Department has determined that the Boundary Adjustment and Coastal Development Permit application are consistent with the City's certified Local Coastal Program, including all applicable policies of the General Plan and provisions of the Municipal Code. The resulting lots are consistent with the General Plan Land Use Designation and applicable General Plan policies. Additionally, the boundary adjustment complies with all development standards for the Residential 11 (R-11) Zone, including net lot area, setbacks, lot coverage, floor area ratio, lot width, and lot depth. Based on the aforementioned findings and subject to the following conditions of approval, the project is hereby approved. CONDITIONS OF APPROVAL SC1 SPECIFIC CONDITIONS: SCA The following conditions shall be completed/fulfilled to the satisfaction of the Development Services Department: 1. Cambridge Avenue is considered a "Special Case" for right-of-way and no additional right-of-way shall be required. 2. Post construction BMP's have not been adequately shown on the CDP site plan, and shall be provided on the building permit site plan. 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. 3. Prior to the Certificate of Occupancy, the existing fence and no parking sign shall be removed from the right-of-way. 8of15 PROJECT NUMBER: MULTI-004323-2021 NOVEMBER 18, 2021 4. The applicant shall apply online through CSS for an Address Request to assign an address for the accessory dwelling unit (ADU). 5. The applicant shall submit a Housing Development Tracking Form (Form H) for the residence and accessory dwelling unit G1 STANDARD CONDITIONS: CONTACT THE DEVELOPMENT SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): 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 01 Approval - General: At any time after two years from the date of this approval, on November 18, 2023 at 5 p.m., or the expiration date of any extension granted in accordance with the Municipal Code, the application shall be deemed expired as of the above date. A 04 Approval - General: This project is conditionally approved as set forth on the application and project drawings stamped received by the City on September 7, 2021, consisting of 24 sheets including General Project Information (G001), Code Requirements (G002), Survey of Existing Conditions, Axonometric (A001), Existing & Proposed Site Plans (A002), Area Plans (A004), Existing Floor Plans (A005), Existing Roof Plan (A006), Floor Plans (A101 and A102), Roof Plan (A103), Elevations Existing and Proposed (A201, A202, A203 and A204), Color Elevations (2 Sheets), Sections (A301, A302 and A303), Details (A501, Window/Doors (A601) and Boundary Adjustment Plat & Legal (2 Sheets), all designated as approved by the Development Services Director on October 8, 2021, and shall not be altered without express authorization by the Development Services Department. A 08 Approval — General: 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 Approval — General: 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 Accessory Dwelling Units: 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. 9of15 PROJECT NUMBER: MULTI-004323-2021 NOVEMBER 18, 2021 BA/COC 01 Boundary Adjustments/Certificates of Compliance: In accordance with Section 66412(d) of the California Subdivision Map Act, deeds reflecting this Lot Line Adjustment shall be recorded in the Office of the County Recorder. Conformed copies of the deeds shall be presented to the Development Services Department prior to the preparation of the Certificate of Compliance referenced in Condition BA/COC 03. BA/COC 02 Boundary Adjustments/Certificates of Compliance: This approval will expire in two years, on November 18, 2023, at 5 p.m., unless the conditions have been met or an extension has been approved by the authorized agency. BA/COC 03 Boundary Adjustments/Certificates of Compliance: Completion of this Lot Line Adjustment shall require the recordation of a Certificate of Compliance. New legal descriptions reflecting the adjusted parcels shall be prepared to the satisfaction of the Development Services Department. Pursuant to Municipal Code Section 24.70.110, a subdivision map of record reflecting the boundaries resulting from this action may serve as a substitute for a Certificate of Compliance. 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. 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 Building Permit issuance 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 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. GWS 02 The greywater system shall be identified on the Building Permit construction plans and installed to the satisfaction of the Building Official prior to Final Certificate of Occupancy or occupancy release. 10 of 15 PROJECT NUMBER: MULTI-004323-2021 NOVEMBER 18, 2021 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. 101 Indemnification: To the maximum extent permitted by law, the Owner(s) shall waive any claims of liability against the City, and shall indemnify, hold harmless and defend the City of Encinitas, and its agents, officers and employees from and against any and all actions, claims, damages, liabilities and/or proceedings arising from: (i) the City's approval of any and all entitlements or permits relating to the project; (ii) any injury to or death of any person, or damage or injury of any kind to property which may arise from or be related to the direct or indirect operations of the Owner(s) or its contractors, subcontractors, agents, employees, or other persons acting on the Owner(s)'s behalf relating to the project; and (iii) the operation of the project. The Owner(s) agree to execute an indemnity agreement provided by the City prior to Building Permit issuance and the Development Services Director, or designee, is hereby authorized to execute the same. The Owner(s) further agree that such indemnification and hold harmless shall include all defense related fees and costs associated with the defense of the City by counsel approved by the City. This indemnification shall not terminate upon expiration of the conditions of approval or completion of the project, but shall survive in perpetuity. P 04 Garages enclosing required parking spaces shall be available and usable for the parking of owner/tenant vehicles at all times, and not be rented or conveyed separately from the appurtenant dwelling unit without City approval. 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 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 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 11 of 15 PROJECT NUMBER: MULTI-004323-2021 NOVEMBER 18, 2021 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. B1 BUILDING CONDITION: CONTACT THE ENCINITAS DEVELOPMENT SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION: SFD 1 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). These comments are preliminary only. A comprehensive plan check will be completed prior to permit issuance and additional technical code requirements may be identified and changes to the originally submitted plans may be required. F1 FIRE CONDITIONS: CONTACT THE FIRE DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: ADD 01 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 -inch high with a '/2- inch stroke width for residential buildings, eight -inch high with a '/2-inch stroke for commercial and multi -family residential buildings, 12-inch 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. FIRE 05 All structures shall be provided with a Class "A" Roof covering to the satisfaction of the Encinitas Fire Department. FIRE 18 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. FIRE 24_ Obstruction of Roadways Durinq 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. 12 of 15 PROJECT NUMBER: MULTI-004323-2021 NOVEMBER 18, 2021 E1 ENGINEERING CONDITIONS: CONTACT THE DEVELOPMENT SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): DRAIN 01 Drainage — Erosion Control: 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 Drainage — Drainage System: 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 Drainage — Flood Control Fee: 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 05 Drainage — Concentrated Flows: Concentrated flows across driveways and/or sidewalks shall not be permitted. GRD 01 Grading — Regulations: All City Codes, regulations, and policies in effect at the time of building/grading permit issuance shall apply. GRD 02 Grading — Datum: 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 10 Grading — Haul Route: 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 11 Grading — Drainage Plan: The project's building plan(s) shall include an engineered drainage and stormwater quality treatment BMP site plan prior to approval of building permit. The plan shall provide at a minimum the design for precise grading, drainage improvements, erosion control, stormwater pollution control, and impervious surfaces. ST 01 Street — Right -of -Way Permit: 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 Street — Encroachment Agreement: Private improvements constructed within the present or future public right-of-way shall be considered temporary. The owner shall 13 of 15 PROJECT NUMBER: MULTI-004323-2021 NOVEMBER 18, 2021 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 25 Street — Public Improvement Repairs: 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 Street — Public Facility Protection: 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 30 Streets — Traffic Control Plan: 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. STORM 02 Stormwater — LID BMP's: Best Management Practices shall be utilized for stormwater pollution and flow control per the City of Encinitas BMP Design Manual to the satisfaction of the Development Services Department. The Grading Plan/Permit Site Plan shall identify all landscape areas designed for stormwater pollution control and incorporate Low Impact Development (LID) BMP's. A note shall be placed on the plans indicating that the BMP's are to be privately maintained and the facilities not modified or removed without a permit from the City. STORM 03 Stormwater — Post Construction BMP Required: The applicant shall provide permanent post construction stormwater quality treatment BMP facilities to collect and treat all runoff generated by all new and/or removed and replaced impervious surfaces prior to discharge from the subject site. 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. STORM 12 Stormwater — Roof Drains: For stormwater pollution control purposes, all runoff from all roof drains shall discharge onto grass and landscape areas prior to collection and discharge onto the street and/or into the public storm drain system unless directly connected to an adequately designed BMP facility to the maximum extent practical. Grass/landscape areas and BMPs designated for stormwater pollution control shall not be modified without a permit from the City. A note shall be placed on the plans indicating that the BMP's are to be privately maintained and the facilities not modified or removed without a permit from the City. UT 01 Utility — Regulations/Coordination: 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 Utility — Underground: All proposed utility services within the project shall be installed underground including existing utilities unless exempt by the Municipal Code. 14 of 15 PROJECT NUMBER: MULTI-004323-2021 NOVEMBER 18, 2021 S1 SAN DIEGUITO WATER DISTRICT CONDITIONS: CONTACT THE SAN DIEGUITO WATER DISTRICT (SDWD) REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: SDWD EWS 03 The subject property is currently being served by dual water meter (3/4-inch for domestic use and1-inch for fire sprinklers). If the existing water meter needs to be upsized, the cost of upgrading the meter and/or service shall be the responsibility of the developer. 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. SDWD WS 08 Water meters shall be located in front of the parcel they are serving and outside of any existing or proposed travel way. Appurtenances shall not be placed in roadside ditches. Cost of relocation shall be the responsibility of the developer. DISCLOSURES This notice constitutes a decision of the Development Services Department only for the discretionary entitlement. Additional permits, such as Building and Grading Permits, may be required by the Development Services Department or other City Departments. It is the property owner's and applicant's responsibility to obtain all necessary permits required for the type of project proposed. In accordance with the provisions of Municipal Code Section 1.12, the decision of the Development Services Department may be appealed to the City Council 10 calendar days of the date of this determination. The appeal must be filed, accompanied by a $300 filing fee, prior to 5:00 pm on the 10t" calendar day following the date of this Notice of Decision. Any filing of an appeal will suspend this action as well as any processing of permits in reliance thereon in accordance with Encinitas Municipal Code Section 1.12.020(D)(1) until such time as an action is taken on the appeal. The action of the Development Services Department may not be appealed to the Coastal Commission. If you have any questions regarding this determination, please contact Andrew Maynard, Senior Planner, at 760-633-2697 or by email at amaynard@encinitasca.gov; or contact the Development Services Department, 505 South Vulcan Avenue, Encinitas, CA 92024 at 760-633-2710 or by email at planning@encinitasca.gov. SIGNATURE Anna Colamussi Planning Manager 15 of 15