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2021-55 - EGCHI'(:7F /Encinitas EVEIEE NOTICE OF DECISION Development Services Department Project Name: Boardman Tentative Parcel Map and New Residence Request: Demolish an existing single-family residence and associated structures to subdivide one existing parcel into two new legal parcels; fill grading earthwork in excess of four feet; the construction of a new single-family residence with Accessory Dwelling Unit (ADU) and authorization for the placement of a temporary construction trailer on the subdivision. Discretionary Actions: Tentative Parcel Map (TPM) Administrative Design Review (ADR) Coastal Development Permit (CDP) CEQA Determination: EXEMPT DECISION: APPROVED Project Number: MULTI-004359-2021; SUB-00004360-2021; DR-004361- 2021; CDPNF-004362-2021 DSD Number: 2021-55 Location: 539 Hermes Avenue Community: Leucadia APN: 256-110-20 Applicant: John and Ellen Boardman Representative: Tyler Van Stright, JLC Architecture Project Planner: Todd Mierau, Associate Planner, tll9lg111E uaaLl�§eu cuuaiuLLas a: gov Decision Date: September 28, 2021 Report Approval: ®Anna Colamussi, Planning Manager MAndrew Maynard, Senior Planner ITEM NAME: Boardman Tentative Parcel Map and New Residence PROJECT NUMBER: MULTI-004359-2021 SEPTEMBER 28, 2021 PROJECT DESCRIPTION The project is a request for a Tentative Parcel Map (TPM), Administrative Design Review (ADR) Permit and Coastal Development Permit (CDP) to subdivide one existing lot, totaling 18,788 square feet (0.43 acres), into two legal parcels consistent with the applicable R-8 zoning standards. Parcels 1 and 2 will take direct access from Hermes Avenue. The subject application includes the construction of a new single-family residence with an accessory unit on Parcel 1. Retaining wall exceeding six feet are proposed throughout the project site for the creation of future building pads on Parcels 1 and 2. Grading for the building pads includes fill dirt exceeding four feet in height. A separate application for custom home exemption (under Chapter 23.08 Design Review of the Encinitas Municipal Code) has been filed under Case No. MULTI-004364-2021 for Parcel 2. PROJECT ANALYSIS Background The project site is developed with an existing 1,575-square foot single-family residence onsite. The home was built in 1946 according to the Residential Building Record obtained from the County of San Diego. Some detached structures including a garage are located toward the middle to rear of the site. All structures onsite will be demolished with this proposal. Project Site Characteristics: General Plan: Residential 8 R-8 Specific Plan: None Zoning District: R-8 Zoning Overlay: Coastal Overlay Zone Community Character Context: Inland Residential- Gridded Other Key City Plan: None Notable State or Regional Plan and Law: None The project site currently has one single-family residence developed on the property and is located within the Inland Residential-Gridded community character context within the community of Leucadia. This context exists on both sides of Interstate-5, north and south of Leucadia Blvd. The Inland Residential-Gridded areas were primarily developed in the 1960s and the 1970s and included primarily single-family homes with various multi -family units scattered within. The proposed subdivision will include two new legal parcels with lot sizes and setbacks consistent with the R-8 Zone, and consistent with the Inland Residential -Gridded community character context. Adjacent Area Direction General Plan Community Character Context Land Use Zoning District North Residential 8 Inland Residential- Gridded Single -Family Home -8 South South Residential 8 Inland Residential- Gridded Two Condominiums/Single- R-8 & R-8 Family Home 2of22 ITEM NAME: Boardman Tentative Parcel Map and New Residence PROJECT NUMBER: MULTI-004359-2021 SEPTEMBER 28, 2021 Direction General Plan Community Character Context Land Use Zoning District East Residential 8 Inland Residential- Gridded Single -Family Homes -8 West West Residential 8 Inland Residential- Gridded Single -Family Homes -8 The The immediate surrounding area is developed and consists primarily of single-family homes. The proposed subdivision to create lots for new detached single-family homes is compatible with the surrounding uses. General Plan Consistency General Plan Land Use Designation Explanation of Project Conformance Residential 8 Land Use Designation: The proposed two -lot subdivision is consistent with Residential land uses in this category will the Residential-8 General Plan designation. The be single-family detached units property is being subdivided in accordance with the constructed at lower densities. This land allowable density and lot size. The lots meet or use designation permits the construction exceed the minimum net lot area of 5,400 square feet of one dwelling unit with a minimum lot and exceed the required minimum lot width of 60 feet size of 5,400 square feet. and lot depth of 90 feet. LU Policy 1.12: The residential character The proposed project will create lots for single - of the City shall be substantially single- family residences consistent with this policy. family detached housing. LU Policy 2.10: Development shall not be The applicant submitted service availability letters allowed prematurely, in that access, for review and approval of the Encinitas Fire utilities, and services shall be available Department, all School Districts, the Cardiff Sewer prior to allowing the development. District and the San Dieguito Water District. All services are available, or are conditioned to be available, as part of this project. LU GOAL 6: Every effort shall be made The proposed grading associated with the to ensure that the existing desirable subdivision has been carefully designed to ensure character of the communities is that the existing desirable character of the maintained community is maintained. The earthwork cuts and fills to the rear portion of the property, are minimized and are needed to help drain the properties. The homes proposed are measured from the pre- existing grade. Municipal Code Analysis Below is a table summarizing how the proposed project meets the applicable zoning standards for the R-8 Zone. See MULTI-004364-2021 for Parcel 2. Development Standard Project Proposed Complies? Net Lot Area: 5,400 Parcel 1: 8,024 square feet Yes ® No ❑ square feet minimum Parcel 2: 8,082 square feet Lot Depth: 90 feet Parcel 1: 133.7 feet Yes ® No ❑ Parcel 2: 101.1 feet 3of22 ITEM NAME: Boardman Tentative Parcel Map and New Residence PROJECT NUMBER: MULTI-004359-2021 SEPTEMBER 28, 2021 Development Standard Project Proposed Complies? Lot Width- 60 feet Parcel 1: 80 feet Yes ® No ❑ Parcel 2: 80 feet Front Yard Setback-25 feet Parcel 1: 25 feet Yes ® No ❑ Rear Yard Setback-25 feet Parcel 1: 25 feet for main dwelling, four feet Yes ® No ❑ for single -story ADU. Interior Side Yard Setback- Parcel 1: five-foot interior side/1 0-foot street Yes ® No ❑ 5/10 feet side (4 feet for ADU on the interior side). Lot Coverage- 40 percent Parcel 1: 23.8 percent Yes ® No ❑ FAR- 60 percent Parcel 1: 0.368 Yes ® No ❑ Building Height — Two Parcel 1: 21-foot, 11 and one-half inches. Yes ® No ❑ stories and 22 feet to top ADU is single -story and not exceeding 16 of roof directly above the feet in the rear yard setback. exterior walls and 26 feet to peak of a minimum 3:12 pitched roof. Parking- Single-family Parcel 1: Three enclosed parking spaces. Yes ® No ❑ residence >2,500 square ADU within half mile of transit, no parking feet: required. Two enclosed spaces within a garage and one additional unenclosed parking space Allowable Density- 8 Two new parcels are being created. Parcel 1 Yes ® No ❑ dwelling units/net acre: 8 and Parcel 2 are proposing new single-family maximum dwelling units residences. (.037 net acres x 8 du/acre = 2.96 du (round down) _ two dwelling units Tentative Parcel M A Tentative Parcel Map is required to create four or less residential units in accordance with Encinitas Municipal Code Section 24.60.010. The project proposes to subdivide one existing parcel into two new parcels. The proposed parcels within the subdivision meet the minimum net lot area, minimum lot depth and minimum lot width requirements for the R-8 Zone, see Municipal Code Analysis above. A 20-foot-wide easement is proposed to access Parcel 2. A 16-foot-wide paved road will provide access to Parcel 2. All utilities and services are available to serve the site. As a requirement and condition of this Tentative Parcel Map approval, all required road improvements will be constructed. All existing overhead utilities will also be undergrounded prior to final map recordation as a condition of the proposed subdivision map. 4of22 ITEM NAME: Boardman Tentative Parcel Map and New Residence PROJECT NUMBER: MULTI-004359-2021 SEPTEMBER 28, 2021 Prior to the recordation of the Parcel Map, the applicant will be required to install public improvements along the property frontage of Hermes Avenue. Additionally, the applicant will be required to extend the public sewer main line between Parcel 1 and 2. Building Height The applicant has submitted an average lot slope exhibit dated prepared by JLC Architects that documents the average lot slope as 8.33 percent. For lots with less than 10 percent average lot slope any future expansions on the existing building or new homes on the proposed vacant lots will be subject to the standard 22-foot and 26-foot height limitations from the natural or pre-existing grade before grading. Design Review The scope of the Administrative Design Review Permit is to review the City's Design Guideline criteria, as it relates to the cut grading and fill grading located within the middle and rear portion of Parcel 1. Grading is proposed on Parcel 1 and Parcel 2; however, Parcel 2 is under a separate application (Case No. MULTI-004364-2021, Parcel 2). The maximum earthwork cuts will be 5.0 feet in depth and fill of 6.0 feet is proposed. This includes 562 cubic yards of cut, 493 cubic yards of fill and 69 cubic yards of export. These portions of earthwork are not visible from public perspective views. Retaining walls are proposed along the side yards and to construct the garage that is partial below grade. There are existing wood fences that are located at or on the property line between the neighbor to the north and portions on the south property line. The retaining walls proposed for this project are relatively low, and do not require Design Review. However, they are adjacent to the existing fences (not structurally attached) which makes them over the six-foot height limit when combined and measured to the proposed projects grade. These sections required Design Review. There is no change to the fence height to the neighboring properties to the north or south. The overall walls will have minimal visibility from public perspective views. Additionally, retaining walls near the garage are over height which are made of block to access the main pad and front entry area. Steel decorative plates are shown above these walls set back approximately two feet. These are technically part of the wall and are subject to the Design Review requirement as they are in the street side yard setback. The visibility of these features is minimal from public perspective views and will have landscape screen in front of them. All combined walls and fencing within the first 15 feet of the property will be limited to four -foot solid and can extend an additional two feet provided it is 50 percent open. The single-family home proposed on Parcel 1 is consistent with the custom home exemption allowance found in Section 23.08.030.7 of the Encinitas Municipal Code. The design proposed is dissimilar to the concept proposed on Parcel 2 and the surrounding neighborhood as this design is mainly a single -story with flat roof elements and a subterranean or split-level garage. The home has a roof deck near the back with a handrail around the perimeter. White stucco modern panels, with dark grey stucco near the front of the structure are shown. Block and steel paneling are used as accent panels throughout the design. Aluminum windows and doors are proposed on all four elevations. Landscape/Hardscape The project proposed landscaping on each parcel. The landscaping shown is not subject to design review as the project has been deemed to be a Custom Home Exemption as defined under Chapter 23.08.030.7. The project is subject to the Water Efficient Landscape Standards and will need to provide certification of meeting such standards once installed onsite. Various detached 5of22 ITEM NAME: Boardman Tentative Parcel Map and New Residence PROJECT NUMBER: MULTI-004359-2021 SEPTEMBER 28, 2021 structures, including firepit future spa and patio trellis will need to meet the allowance contained within Chapter 30.16 (Residential Zones) for detached accessory structures and will require separate building permits for each item. Design Guidelines Consistency. - The project includes grading that exceeds eight feet in depth of cut. The project as proposed conforms to the Design Recommendations for a residential project as follows: Design Guideline Consistency Explanation of Project Conformance 3.2.1 The overall architecture shall The grading mimics the overall condition of the complement and reinforce the existing topography. The modern architecture existing topography. complements the grading proposed. 3.2.13 Pads shall not be significantly built The site area includes earthwork cuts to be 5.0 up above the pre-existing or natural feet in depth and fill of 6.0 feet. Most of these topography, unless necessary due cut portions are under the building and the fill to engineering constraints. sections are at the rear of the property to help with drainage. These will not be visible from public perspective views. Additionally, future structures will be measure from the lower of natural or finished grade so as not to gain additional building height. .2.7 Retaining walls faced with local The retaining wall are of block and modern in stone or of earth -colored and appearance, complementing the proposed textured concrete are encouraged, architecture and style of the project. and should be used to minimize Landscaping is proposed to screen the walls grading, where practical. Plantable partially in many of the locations so as to walls are encouraged. minimize the public perspective views through the site. Local Coastal Program Consistency The proposed project is located within the Coastal Zone of the City of Encinitas and requires approval of a Tentative Parcel Map, Administrative Design Review and Coastal Development Permit for the project. The project adheres to the applicable development standards of the R-8 Zone provided in the Encinitas Municipal Code, including allowable density, net lot area, minimum lot depth and minimum lot width, and for the existing home on the property, setbacks (except where legal nonconforming), lot coverage, floor area ratio, and parking, as well as the applicable goals and policies of the General Plan, which ensures consistency with the City's adopted Local Coastal Program. PUBLIC NOTICE AND PARTICIPATION Citizen Participation Program A Citizen Participation Program (CPP-004572-2021) meeting was held on Monday, June 7, 2021 at 6 pm as a virtual meeting hosted by the architect. Approximately three members attended the virtual meeting. Questions included, time frame of construction, building both houses together, 6of22 ITEM NAME: Boardman Tentative Parcel Map and New Residence PROJECT NUMBER: MULTI-004359-2021 SEPTEMBER 28, 2021 how retaining wall at south side of driveway would be constructed and how would the fences be configured on both properties. The applicant responded to all comments received and submitted a final CPP report that was approved by the City. Public Notice The Notice of Pending Action on the Tentative Parcel Map, Administrative Design Review and Coastal Development Permit was mailed on September 16, 2020, 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. Additionally, as a courtesy, the notice was posted at City Hall and on the Development Services Department's Internet site under "Public Notices". Public Hearing A virtual administrative hearing was held pursuant to Section 30.08.080 of the Municipal Code for consideration of the Tentative Parcel Map, Administrative Design Review Permit and Coastal Development Permit request on Tuesday, September 28, 2021, at 5 p.m. ENVIRONMENTAL CONSIDERATIONS The project is exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15301(I)(1), 15303(a), and 15315. Section 15301(1)(1) exempts the demolition of one single-family residence. Section 15303(a) exempts the construction of a new single-family residence. Section 15315 exempts the subdivision of one parcel into two parcels with associated improvements. The applicant is proposing a two parcel subdivision with an average lot slope less than 20 percent 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 24.60 (Tentative Parcel Maps) of the Encinitas Municipal Code. The project meets all applicable development standards for the R-8 Zone. FINDINGS Based on Section 66474 of the California Government Code, findings for a Tentative Parcel Map and the aforementioned analysis, Development Services Department has made the following findings to support the approval, with conditions: Findings for Tentative Map Explanation of Finding 1. That the proposed map is consistent with The proposed subdivision is consistent with the applicable general and specific plans as General Plan (the subject site is not within a specified in Section 65451 of the specific plan area). The resulting lots meet the Subdivision Map Act. applicable R-8 zoning standards including the minimum net lot area, minimum lot width, minimum lot depth and allowable density. 2. That the design or improvement of the As conditioned, the project design and proposed subdivision is consistent with improvements are consistent with the General applicable general and specific plans. Plan with the density, net lot size, lot depth and 7of22 ITEM NAME: Boardman Tentative Parcel Map and New Residence PROJECT NUMBER: MULTI-004359-2021 SEPTEMBER 28, 2021 Findings for Tentative Map Explanation of Finding lot width requirements. The site is not subject to any specific plans. 3. That the site is physically suitable for the The project site is physically suitable for the proposed type of development. proposed type of development. The project proposes to subdivide one existing lot into two new parcels. The site's existing topography is sloping east to west with the highest point of the property on the east side of the site near of Parcel 1 and the future Parcel 2. The proposed subdivision is consistent with the R-8 zoning standards for allowable density, minimum lot area, minimum lot depth and minimum lot width, and is physically suitable for detached single-family residential development as anticipated in the future, and consistent with the R-8 zone. An attached Accessory Dwelling Unit (ADU) is proposed in the rear of the property consistent with setback allowances. Additionally, all necessary public facilities and services are in place, or can be extended, to serve the project. 4. That the site is physically suitable for the The project site is physically suitable for the proposed density of development. proposed density of development. The proposed subdivision is consistent with all density standards and is suitable for the proposed density of development. The allowable density under the R-8 zoning standards allows for two units to be created on the property. The project proposes the creation of two new lots, both proposing new single-family dwellings on them. 5. That the design of the subdivision or the The proposed subdivision is surrounded by proposed improvements are not likely to previously developed parcels and would not cause substantial environmental damage or result in any significant environmental impacts substantially or avoidably injure fish or and would not affect any natural habitat or wildlife or their habitat. wildlife. The project is exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15301(I)(1), 15303(a), and 15315. Section 15301(I)(1) exempts the demolition of one single-family residence. Section 15303(a) exempts the construction of a new single-family residence. Section 15315 exempts the subdivision of one parcel into two parcels with associated improvements. The applicant is proposing a three -lot subdivision with an average lot slope less than 20 percent consistent with the CEQA exemption criteria. 8of22 ITEM NAME: Boardman Tentative Parcel Map and New Residence PROJECT NUMBER: MULTI-004359-2021 SEPTEMBER 28, 2021 Findings for Tentative Map Explanation of Finding In addition, none of the exceptions listed in Section 15300.2 exist for the proposed project. 6. That the design of the subdivision or the All necessary public facilities and services are type of improvements is not likely to cause in place or can be extended to serve the project. serious public health problems. All service providers have indicated that existing facilities are available to service the proposed project. The design of the subdivision, and its associated improvements will not result in serious public health problems. 7. That the design of the subdivision or the All easements of record are identified in the type of improvements will not conflict with preliminary title report for the subject properties, easements, acquired by the public at large, and future easements are shown on the for access through or use of, property within proposed tentative map. No conflicts with the proposed subdivision. In this easements of record have been identified. connection, the authorized agency may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements through or use of property within the proposed subdivision. Based on Encinitas Municipal Code Sections 23.08.080, findings for a Design Review Permit and Coastal Development Permit and the aforementioned analysis, staff has made the following findings to support the approval, with conditions: Findings for a Design Review Permit Explanation of Finding a. The project design is inconsistent with the The site's existing topography is sloping east General Plan, a Specific Plan or the to west with the highest point of the property provisions of this Code. on the east side of the site near the rear of Parcel 1 and the future pad of Parcel 2. The grading is proposed to create the two -car garage partially below grade and then to fill in sections at the rear (approximately 5.1 feet of fill) to help the property drain properly. The project is consistent with all provisions of the General Plan and requirements of the Municipal Code. 9of22 ITEM NAME: Boardman Tentative Parcel Map and New Residence PROJECT NUMBER: MULTI-004359-2021 SEPTEMBER 28, 2021 Findings for a Design Review Permit Explanation of Finding b. The project design is substantially The grading work and series of small retaining inconsistent with the Design Review walls combined with adjacent fences totaling Guidelines. over six feet are designed to complement the earth present on -site. Grading is proposed on Parcel 1 and Parcel 2; however, Parcel 2 is under a separate application (Case No. MULTI-004364-2021, 541 Hermes Avenue). The maximum earthwork cuts will be 5.1 feet in depth and fill of 6.0 feet is proposed. This includes 562 cubic yards of cut, 493 cubic yards of fill and 69 cubic yards of export. These portions of earthwork are not visible from public perspective views The project as designed is consistent with the Design Review Guidelines. c. The project would adversely affect the The project complies with all applicable health, safety, or general welfare of the standards outlined in the Municipal Code. The community. project is exempt from the requirements of CEQA and will not adversely affect the health, safety and general welfare of the community. Based on 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 a Coastal Development Permit Explanation of Finding 1. The project is consistent with the certified The proposed subdivision, grading and site Local Coastal Program of the City of improvements comply with all applicable Encinitas; and development standards of the R-8 Zone related to minimum net lot area, minimum lot depth, minimum lot width and density, as well as setbacks (except where legal non- conforming), lot coverage, floor area ratio and parking. The project is consistent with all applicable goals and policies of the City's certified Local Coastal Program including the General Plan and the Municipal Code. The project complies with all R-8 development standards contained in the Municipal Code. 2. The proposed development conforms with The project is exempt from environmental Public Resources Code Section 21000 review pursuant to the California and following (CEQA) in that there are no Environmental Quality Act (CEQA) Guidelines feasible mitigation measures or feasible Sections 15301(I)(1), 15303(a), and 15315. alternatives available which would Section 15301(1)(1) exempts the demolition of substantially lessen any significant one single-family residence. Section 15303(a) adverse impact that the activity may have exempts the construction of a new single - on the environment; and family residence. Section 15315 exempts the subdivision of one parcel into two parcels with 10 of 22 ITEM NAME: Boardman Tentative Parcel Map and New Residence PROJECT NUMBER: MULTI-004359-2021 SEPTEMBER 28, 2021 Finding for a Coastal Development Permit Explanation of Finding associated improvements. The applicant is proposing a three -lot subdivision with an average lot slope less than 20 percent consistent with the CEQA exemption criteria. In addition, none of the exceptions listed in Section 15300.2 exist for the proposed project. 3. For projects involving development The project site is located on Hermes Avenue, between the sea or other body of water which is not located between the sea and the and the nearest public road, approval shall nearest public road. Therefore, this finding include a specific finding that such does not apply to the project. development is in conformity with the public access and public recreation policies of Section 30200 et. seq. of the Coastal Act. CONCLUSION The Development Services Department determined the Tentative Parcel Map, Administrative Design Review Permit and Coastal Development Permit applications and plans to be consistent with the City's certified Local Coastal Program, including all applicable goals and policies of the General Plan, all applicable provisions of the Municipal Code, and all development standards for the R-8 Zone. The Development Services Department has also determined that the project is consistent with the applicable Design Guidelines. Therefore, the project is hereby approved based upon the above findings and subject to the following conditions of approval. CONDITIONS OF APPROVAL SPECIFIC CONDITIONS: SCA The following specific conditions shall be completed and/or fulfilled to the satisfaction of the Development Services Department, Land Development Engineering Division: The existing survey monuments shall be referenced on the site plan and shall be protected in -place. If any monument is disturbed or destroyed it shall be replaced by a licensed land surveyor and a Corner Record or Record of Survey shall be filed with the County prior to release of securities and/or building occupancy. 2. The owner shall dedicate an easement for Public Pedestrian Access Easement subject to the terms and conditions set forth in the City of Encinitas Resolution 2009-62 adopted October 28, 2009 to the City of Encinitas per the Parcel Map along the property frontage of Hermes Avenue for any portion of the public sidewalk encroaching into private property. 3. As shown on the preliminary grading plan the existing secondary driveway apron shall be demolished and replaced with standard curb, gutter and sidewalk. 11 of 22 ITEM NAME: Boardman Tentative Parcel Map and New Residence PROJECT NUMBER: MULTI-004359-2021 SEPTEMBER 28, 2021 4. The applicant proposes a joint use stormwater pollution and flow control facility over the proposed Parcel 1 for the benefit of each parcel. A private drainage easement shall be reserved per the parcel map as well as an appropriate private maintenance agreement. STANDARD CONDITIONS: CONTACT THE DEVELOPMENT SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: MAPS 02 Approval of the Tentative Parcel Map and all associated permits will expire on September 28, 2023 at 5 p.m., two years after the approval of this project, unless the conditions have been met or an extension of time has been approved pursuant to the Municipal Code. MAPS 03 This approval may be appealed to the City Council within 10 calendar days from the date of this approval pursuant to Chapter 1.12 of the Municipal Code. A04 General: This project is conditionally approved as set forth on the application and project drawings stamped received by the City on September 20, 2021, consisting of 21 sheets including Cover Sheet (0001), Topographic Plat, Tentative Parcel Map/Preliminary Grading Plan (Two Sheets), Landscape Plan (Sheets L1.0, L2.0 and L1.2), Three-dimensional drawings (Sheet A001), Site Plan/Average Lot Slope (Sheet A002), Site Plan for Parcel 1 (Sheet A003), Floor Plans (Sheets A101, A102, A103), Elevations (Sheets A201, A202, and A203), and Sections (Sheets A301, A302, A303, A304, and A305), all designated as approved by the Development Services Department on September 28, 2021, and shall not be altered without express authorization by the Development Services Department. A 08 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. A09 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 1 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. 12 of 22 ITEM NAME: Boardman Tentative Parcel Map and New Residence PROJECT NUMBER: MULTI-004359-2021 SEPTEMBER 28, 2021 COv 01 Covenants: Prior to grading issuance, the owner shall cause a covenant regarding real property to be recorded. Said covenant shall set forth the terms and conditions of this grant of approval and shall be of a form and content satisfactory to the Development Services Director. DF 01 Development Fees: 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/Grading 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 the applicable Utility Departments or Districts regarding Water and/or Sewer Fees. EM 01 Electrical and Mechanical Equipment: 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. Ground - mounted mechanical and 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 primary building's exterior to the satisfaction of the Development Services Department. EM 02 Electrical and Mechanical Equipment: 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 01 Greywater Systems: Newly constructed single-family dwelling units shall be pre - plumbed for a greywater system permitted and constructed in accordance with Chapter 15 of the California Plumbing Code and including a stub -out in a convenient location for integration of the greywater system with landscape irrigation systems and accepting greywater from all sources permissible in conformance with the definition of greywater as per Section 14876 of the California Water Code. Exception: A greywater system shall not be permitted where a qualified soils engineer determines in a written, stamped report, or percolation test shows, that the absorption capacity of the soil at the project site is unable to accommodate the discharge of a greywater irrigation system. 13 of 22 ITEM NAME: Boardman Tentative Parcel Map and New Residence PROJECT NUMBER: MULTI-004359-2021 SEPTEMBER 28, 2021 GWS 02 Greywater Systems: The greywater system shall be identified on the Building Permit construction plans and installed to the satisfaction of the Building Official prior to Final CO or occupancy. HC 01 Height Certification: 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 reduced (8 '/2 inches x 11 inches) copy of the site plan and elevations depicting the exact point(s) of certification. 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 Grading 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. PO4 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 Utility Connections: 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 Utility Connections: 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. CT/SO 01 Construction Trailers/Sales Office: 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. 14 of 22 ITEM NAME: Boardman Tentative Parcel Map and New Residence PROJECT NUMBER: MULTI-004359-2021 SEPTEMBER 28, 2021 L 01 Landscaping: The project is subject to Chapter 23.26 of the Municipal Code (Water Efficient Landscape Program), which requires a landscape and irrigation plan to be prepared by a State licensed landscape designer. The requirements for the plans are listed in Chapter 23.26. The landscape and irrigation plans, including the required signature block of the State licensed landscape designer, must be submitted as part of the Building Permit application for the project. L 02 Landscaping: All required plantings and automated irrigation systems shall be in place prior to use or occupancy of new buildings or structures. All required plantings and automated irrigation systems shall be maintained in good condition, and whenever necessary, shall be replaced with new materials to ensure continued compliance with applicable landscaping, buffering, and screening requirements. All landscaping and irrigation systems shall be maintained in a manner that will not depreciate adjacent property values and otherwise adversely affect adjacent properties. All irrigation lines shall be installed and maintained underground (except drip irrigation systems). L 03 Landscaping: All landscaping for parking areas and driveways shall conform with Chapter 30.54 of the Municipal Code and the City's Off-street Parking and Design Manual incorporated by reference therein. WF 01 Walls and Fences: All retaining and other freestanding walls, fences, and enclosures shall be architecturally designed 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 the Development Services Department prior to the issuance of building and/or grading permits. WF 02 Walls and Fences: Any wall, fence or combination thereof exceeding six feet in height and facing any neighboring property or visible from the public right-of-way shall be subject to design review pursuant to Section 23.08.040.A.1 of the Encinitas Municipal Code. Where a minimum two feet horizontal offset is provided, within which screening vegetation is provided to the satisfaction of the Development Services Department, the fence/wall may not be considered one continuous structure for purpose of measuring height and may be exempted from design review provided none of the offset fences or walls exceed six feet in height pursuant to Section 23.08.030.B.1. DR 01 Design Review: Any future modifications to the approved project will be reviewed relative to the findings for substantial conformance with a Design Review Permit contained in Section 23.08.140 of the Municipal Code. Modifications beyond the scope described therein may require submittal of an amendment to the Design Review Permit and approval by the authorized agency. DR 02 Design Review: Side and rear elevations and window treatments shall be trimmed and architecturally treated so as to substantially match the front elevations. This treatment shall be reflected in building plans and shall be found satisfactory by the Development Services Department prior to the issuance of Building Permits. DR 03 Design Review: All project grading shall conform with the approved plans. If no grading is proposed on the approved plans, or subsequent grading plans are inconsistent with the grading shown on the approved plans, a Design Review 15 of 22 ITEM NAME: Boardman Tentative Parcel Map and New Residence PROJECT NUMBER: MULTI-004359-2021 SEPTEMBER 28, 2021 Permit for such grading shall be obtained from the authorized agency of the City prior to issuance of Grading or Building Permits. SAN DIEGUITO WATER DISTRIC (SDWD) CONDITIONS: CONTACT THE SAN DIEGUITO WATER DISTRICT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): SDWD EWS 01 Existing Water Service - Map: The subject property is currently being served by a 3/4-inch water meter. Upon development, each parcel shall be individually metered. 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 Water System — Fees/Charges: The developer shall comply with SDWD's fees, charges, rules and regulations. SDWD WS 04 Water System — Grading/Improvement Plans: The developer shall show all existing and proposed water facilities on improvement and/or grading plans for SDWD Approval (if applicable). SDWD WS 07 Water System —Water Agencies' Standards: The developer shall install the water system according to Water Agencies' (WAS) standards. SDWD WS 08 Water System — Water Meter Location: Water meters shall be 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. FIRE CONDITIONS: CONTACT THE FIRE DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: FIRE 01 Address Numbers: STREET NUMBERS: Approved numbers and/or addresses shall be placed on all new and existing buildings and at appropriate additional locations as to be plainly visible and legible from the street or roadway fronting the property from either direction of approach. Said numbers shall contrast with their background, and shall meet the following minimum standards as to size: four -inch high with a one-half inch stroke width for residential buildings, eight -inch high with a one-half 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 02 Address for Structures Located off Roadway: Where structures are located off a roadway on long easements/driveways, a monument marker shall be placed at the entrance where the easement/driveway intersects the main roadway. Permanent address numbers with height conforming to Fire Department standards shall be affixed to this marker. FIRE 05 Construction - Class "A" Roof: All structures shall be provided with a Class "A" Roof covering to the satisfaction of the Encinitas Fire Department. 16 of 22 ITEM NAME: Boardman Tentative Parcel Map and New Residence PROJECT NUMBER: MULTI-004359-2021 SEPTEMBER 28, 2021 FIRE 13 Grade: The gradient for a fire apparatus access roadway shall not exceed 20.0 percent. Grades exceeding 15.0 percent (incline or decline) shall not be permitted without mitigation. Minimal mitigation shall be a surface of Portland cement concrete, with a deep broom finish perpendicular to the entire direction of travel. Additional mitigation measures may be required where deemed appropriate. The angle of departure and angle of approach of a fire access roadway shall not exceed seven degrees (12 percent). FIRE 18 Automatic Fire Sprinklers -One and Two Family: 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 20 Road Access -Road Minimum Dimensions: Fire apparatus access roads identified as Circulation Element Roads and areas within the Very High Fire Hazard Severity Zone shall have an unobstructed improved width of not less than 24 feet and all other roads shall be not less than 20 feet; curb line to curb line. Exceptions: Single -Family residential driveways; serving no more than TWO single-family dwellings, shall have minimum of 16 feet, curb line to curb line, of unobstructed improved width. Access roads shall be designed and maintained to support the imposed loads of not less than 75,000 pounds and shall be provided with an approved paved surface to provide all-weather driving capabilities and provide a vertical clearance of not less than 13 feet six inches. FIRE 24 Obstruction of Roadways During Construction: All roadways shall be a minimum of 24 feet in width during construction and maintained free and clear, including the parking of vehicles, in accordance with the California Fire Code and the Encinitas Fire Department. BUILDING CONDITIONS: CONTACT THE ENCINITAS DEVELOPMENT SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): BLDG 02 Single Family: 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. 17 of 22 ITEM NAME: Boardman Tentative Parcel Map and New Residence PROJECT NUMBER: MULTI-004359-2021 SEPTEMBER 28, 2021 ENGINEERING CONDITIONS: CONTACT THE DEVELOPMENT SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: Grading GIRD 01 Grading — Regulations: All City Codes, regulations, and policies in effect at the time of building/grading permit issuance shall apply. GIRD 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. GIRD 03 Grading — Plan: The applicant shall submit a Grading Plan for review and obtain a Grading Permit prior to the commencement of any clearing or grading of the site. The Grading Plan shall include, but not be limited to, the design for site grading, drainage improvements, erosion control, stormwater pollution control, and on -site pavement. GIRD 04 Grading — Responsible Charge: The grading for this project is defined in Chapter 23.24 of the Encinitas Municipal Code. Grading shall be performed under the observation of a civil and geotechnical engineer whose responsibility it shall be to coordinate site inspection and testing to ensure compliance of the work with the approved grading plan, submit required reports to the Development Services Department and verify compliance with Chapter 23.24 of the Encinitas Municipal Code. GIRD 05 Grading — Offsite Authorization: No grading shall occur outside the limits of the project boundary and easements unless a letter of permission is obtained from the owners of the affected properties and provided to the Development Services Department. GIRD 06 Grading — Borrow/Disposal Sites: Separate grading plans shall be submitted and approved, and separate grading permits issued for borrow or disposal sites if located within the city limits. Import material shall be free of organic material, trash, debris, and environmental contaminants. GIRD 07 Grading — Slopes: All newly created slopes within this project shall be no steeper than 2:1. GIRD 09 Grading — Reports: Geotechnical, Drainage/Hydrology, Stormwater Quality, and Traffic studies/report (as applicable) shall be prepared by a qualified engineer licensed by the State of California to perform such work. The reports shall be submitted with the first grading plan submittal and shall be approved prior to issuance of any grading or improvement permit for the project. GIRD 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 18 of 22 ITEM NAME: Boardman Tentative Parcel Map and New Residence PROJECT NUMBER: MULTI-004359-2021 SEPTEMBER 28, 2021 and requirements the Development Services Department may impose with regards to the hauling operation. Drainaae Conditions 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 04 Drainage — Hold Harmless: The owner of the subject property shall execute and record a covenant holding the City harmless for drainage prior to approval of any grading or building permit for this project. DRAIN 05 Drainage — Concentrated Flows: Concentrated flows across driveways and/or sidewalks shall not be permitted. DRAIN 06 Drainage — Flow Rate: The drainage system shall be designed to ensure that runoff resulting from a 100-year frequency storm underdeveloped conditions is equal to or less than the runoff from a storm of the same frequency and duration under existing conditions. Both 6 hour and 24-hour storm durations shall be analyzed to determine the mitigation necessary to accomplish the desired results. Street Conditions 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 enter into an Encroachment Maintenance and Removal covenant agreeing to maintain the improvements in perpetuity and to remove those improvements at the direction of the City. ST 03 Street — Dedication General: The owner shall dedicate to the City of Encinitas all public streets and easements required by these conditions or shown on the site development plan. The offer shall be made by execution of an easement document 19 of 22 ITEM NAME: Boardman Tentative Parcel Map and New Residence PROJECT NUMBER: MULTI-004359-2021 SEPTEMBER 28, 2021 or by a certificate on the Map or Parcel Map prior to issuance of any building/grading permit for this project. All land so offered shall be dedicated to the City free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated. ST 08 Street — Private Maintenance Agreement: The owner(s) shall record a Private Road and Drainage Facilities Maintenance Agreement against the subject property to ensure private maintenance in perpetuity. ST 09 Street — Reciprocal Access and Maintenance: Reciprocal access and/or maintenance easements/agreements shall be provided ensuring access to all parcels over private roads, drives or parking areas and maintenance thereof to the satisfaction of the Development Services Department. ST 18 Street — Improvement Paved Swale: The area between the existing street pavement and property line shall be graded up with a slope ranging between two percent and 8.5 percent to allow six-inch rise from the flow line invert to the property line. A minimum two -foot wide paved swale shall be provided where no curb and gutter is proposed. ST 21 Street — ADA General: All paths of travel, sidewalks, curb ramps, pedestrian ramps, driveway aprons, etc. shall be designed and constructed in compliance with ADA standards. Prior to completion of the project, each and every facility shall be inspected against the City's Public Right -of -Way Curb Ramp Inspection form. ST 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 29 Street — Mailbox: A centralized cluster style mailbox shall be located on private property in a location approve by the City and USPS. 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. Utilities Conditions 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. 20 of 22 ITEM NAME: Boardman Tentative Parcel Map and New Residence PROJECT NUMBER: MULTI-004359-2021 SEPTEMBER 28, 2021 UT 02 Utility — Underground: All proposed utility services within the project shall be installed underground including existing utilities unless exempt by the Municipal Code. UT 06 Utility — Sewer Connection: Sanitary sewer is available to serve this property. The applicant shall connect to the sanitary sewer system and shall pay all applicable capacity and permit fees. UT 09 Utility — LWD: The project lies within the Leucadia Wastewater District. Project plans shall be submitted to the District for requirements and processed to approval. UT 13 Utility — Separate Laterals: Separate sewer laterals shall be provided for each unit within the development. Stormwater Pollution Control Conditions 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 09 Stormwater — BMP Special Inspection: Special inspection of the BMP facilities by a licensed civil engineer in the State of California is required during construction. Prior to obtaining building occupancy an inspection report shall be submitted along with the Engineer's Certification of Final Grading and Request for Field Clearance for Occupancy form to the Development Services Department verifying the size and depth of the excavation, gravel and engineered soil depth and material, storm drain -pipe, overflow, and overall function of the facilities per the approved grading plan. The inspection report shall include any pertinent information including material receipts, survey data, inspection dates, etc. in order to detail the construction of the drainage facility. STORM 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. 21 of 22 ITEM NAME: Boardman Tentative Parcel Map and New Residence PROJECT NUMBER: MULTI-004359-2021 SEPTEMBER 28, 2021 Map Conditions MAP 01 Map — General: A Final Subdivision Map or Parcel Map shall be prepared by a California licensed land surveyor or civil engineer licensed prior to January 1, 1982. The map or parcel map shall comply with Chapter 1 of the City of Encinitas Engineering Design Manual and the project boundary shall be tied to two City approved first order monuments on the North American Datum NAD 83, 1991.35 epoch. MAP 05 Map — Improvement Securities: Public/private grading/improvement plans shall be approved, and adequate surety shall be posted prior to a public hearing for approval of the Map/Parcel Map. Prior to recordation of the Final/Parcel Map, a Performance bond and Labor and Materials bond, or cash deposit, shall be posted for all the required public/private improvements and a covenant recorded against the subject property securing the improvements. 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 Todd Mierau, Associate Planner, at 760-633-2693 or by email at (,pp !„2.iurat,w( „g„iul�q!'iiiul�!'i'il� J„ fu g w„y; or contact the Development Services Department, 505 South Vulcan Avenue, Encinitas, CA 92024 at 760-633-2710 or by email 22 of 22