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:
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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
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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
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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.
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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
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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
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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.
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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.
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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.
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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
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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.
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PROJECT NUMBER: MULTI-004323-2021
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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
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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.
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PROJECT NUMBER: MULTI-004323-2021
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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
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