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2022-48 - EGDocuSign Envelope ID: C37993B8-16E2-4DBD-89A7-E695B7BCDC39 ��, � irvcE NOTICE OF DECISION cinnas' w...._ En Development Services Department r VEi..ONAENTVEEwri:si.)EPAialMEN'r Project Name: Tracey Residence Request: Demolition of an existing single-family residence and detached garage and construction of a new single-family residence with basement Discretionary Actions: Coastal Development Permit (CDP) CEQA Determination: Exempt DECISION: APPROVED Project Number: CDP-003828-2020 DSD Number: 2022-48 Location: 206 Fourth Street Community: Old Encinitas APN: 258-041-01 Applicant: Martin Tracey Representative: Rick Somers Project Planner: Chris Stanley, Associate Planner c» to ii,iile &Q".IlgVQ IIIiIItas a gy Decision Date: October 25, 2022 Report Approval: ® Anna Colamussi, Assistant Director PROJECT DESCRIPTION A Coastal Development Permit (CDP) to demolish an existing 2,584-square foot two-story residence with a 481-square foot attached garage and a 681-square foot detached garage and construct a 2,929- square foot two-story single-family residence with a 1,130-square foot basement, a 482-square foot attached garage and a 285-square foot deck within the Residential 11 (R-11) zone. PROJECT ANALYSIS Background According to the County Assessor Residential Building Record, the dwelling was constructed in 1981 prior to City incorporation per building permit no 2184944. DocuSign Envelope ID: C37993B8-16E2-4DBD-89A7-E695B7BCDC39 PROJECT NUMBER: CDP-003828-2020 OCTOBER 25, 2022 Project Site Characteristics The table below summarizes the General Plan Designation, Zoning District, and Overlay Zones that pertain to the project site: General Plan: Residential 11 R-11 Specific Plan: None Zoning District: Residential 11 (R-11) Zoning Overlay: Coastal Zone Overlay; Special Study Overlay; Coastal Commission Appeal Zone Overlay Other Key City Plan: None Notable State or Regional Plan and Law: None The R-11 zone is intended to provide low density single-family attached and detached units, with a minimum lot size of 3,950 net square feet and a maximum density of 11 units per net acre. Adjacent Area The project site is located within the community of Old Encinitas, south of A Street, west of Fourth Street, north of West B Street and east of Fifth Street. The subject lot is surrounded by attached and detached single-family dwellings. The following table summarizes the existing characteristics of the adjacent area and previously developed properties: Direction General Plan & Zoning District Land Use North Residential 11 & R-11 Single -Family Residential South Residential 11 & R-11 Single -Family Residential East Residential 11 & R-11 Single -Family Residential West Residential 11 & R-11 Single -Family Residential General Plan Consistency The City of Encinitas General Plan includes several 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: General Plan Goal or Policy Explanation of Project Conformance Policy 1.12: The residential The property's General Plan land use designation is character of the City shall be Residential 11 (R-11). The Residential 11 land use substantially single-family designation is intended to provide for single-family units. The detached housing. project proposes the construction of a single-family dwelling and is consistent with this policy. LU GOAL 6: Every effort shall be The proposed project has been designed to ensure that the made to ensure that the existing existing desirable character of the community is maintained desirable character of the and will be compatible with the surrounding neighborhood, communities is maintained. which consists primarily of single-family units. Municipal Code Analysis The project site is located within the Residential 1 (R-11) Zone. The proposed project meets the development standards of the R-11 zone, as identified below. 2of14 DocuSign Envelope ID: C37993B8-16E2-4DBD-89A7-E695B7BCDC39 PROJECT NUMBER: CDP-003828-2020 OCTOBER 25, 2022 Development Standard Project Proposed Complies? Lot Area — 3,950 square feet (net 5,011 square feet (net lot area) Yes ® No ❑ lot area Lot Width — 40 feet minimum 50.06 feet Yes ® No ❑ Lot Depth — 90 feet minimum 100.23 feet Yes ® No ❑ Single -Family Residence Front Yard Setback — 20 feet 10 feet Yes ❑ No ®* Rear Yard Setback — 20 feet 20 feet Yes ® No ❑ Interior Side Yard Setback — 5 5 feet Yes ® No ❑ feet Street Side Yard Setback-10 feet 5 feet Yes ❑ No ®* Lot Coverage — 40 percent 36.7 percent Yes ® No ❑ Parking — 2 enclosed parking 2-car attached garage and two Yes ® No ❑ spaces for each unit up to 2,500 unenclosed spaces square feet of floor area. 3 spaces for dwelling units in excess of 2,500 square feet. Any parking space over 2 spaces may be enclosed or unenclosed. Building Height — Single-family Two-story structure with 22-foot Yes ® No ❑ residence maximum flat roof height to the top of Two stories and 22 feet measured the roof finish above the exterior wall from the lower of the existing or finished grade to the top of the roof finish above the exterior wall; 26 feet measured from the lower of the existing or finished grade to the highest peak of the pitched roof *See legal nonconformities discussion below. Legal Nonconformities The project site has an existing front yard setback and street side yard setback nonconformity. Both nonconformities can continue per Encinitas Municipal Code (EMC) Section 30.76.120(A) Remodeling or Reconstruction of Residential Buildings with Structural/Use Nonconformity because no intensity of the structural nonconformity is proposed. Coastal Development Permit The applicant is proposing to construct a new two-story single-family residence with an attached garage and basement. The proposed project is consistent with the policies of the City's certified Local Coastal Program, and all -applicable goals and policies of the General Plan. The project is consistent with most R-11 zoning development standards including lot coverage, parking and building height requirements. As mentioned previously, there is an existing front yard and street side yard setback nonconformity that can continue per EMC Section 30.76.120(A) Remodeling or Reconstruction of Residential Buildings with Structural/Use Nonconformity because no intensity of the structural nonconformity is proposed. 3of14 DocuSign Envelope ID: C37993B8-16E2-4DBD-89A7-E695B7BCDC39 PROJECT NUMBER: CDP-003828-2020 OCTOBER 25, 2022 Local Coastal Program Consistency Other than the nonconforming front and street side yard setback, the project adheres to the applicable development standards of the R-11 zone, including those related to lot coverage, lot width, lot depth, building height, and parking. The project is consistent with the goals, policies, and development standards of the City's certified Local Coastal Program, comprised of applicable provisions of the General Plan and the Municipal Code. No potentially significant adverse impacts to the environment will result from the project, and the project is exempt from environmental review. PUBLIC NOTICE AND PARTICIPATION Public Notice The Notice of Pending Action for the Coastal Development Permit was mailed on October 14, 2022, 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 internet site under "Public Notices". No comments were received in response to the public notices or throughout the process. Community Participation Program The applicant held a Citizen's Participation Program (CPP) meeting at the project site from 6 p.m. to 7 p.m. on Friday, April 22, 2022. In addition to the property owner and project representatives, two neighbors were in attendance who both had concern with alley access during the project. No other comments were received. Administrative Hearing An Administrative Hearing was held pursuant to EMC Section 30.08.080 for consideration of the Coastal Development Permit request on Tuesday, October 25, 2022, at 5 p.m. in the City Council Chambers. ENVIRONMENTAL CONSIDERATIONS The project has been determined to be exempt from environmental review pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15303(a). Section 15303(a) exempts the construction of a single-family residence from environmental review. The proposed project proposes the construction of a single-family home and meets this criterion. No exceptions in Section 15300.2 exist. DISCUSSION The proposed project is consistent with the policies of the City's certified Local Coastal Program including the Municipal Code, and all applicable goals and policies of the General Plan. The project is consistent with all R-11 development standards including lot depth, lot width, lot coverage, parking, and building height requirements, except for the front yard setback and street side yard setback. The required front yard setback for the R-11 zone is 20 feet, while a portion of the proposed dwelling will keep the current nonconforming 10-foot front yard setback. The required street side yard setback for the R-11 zone is 10 feet, but the project will keep a portion of the existing nonconforming 5-foot street side yard setback. The nonconformities can continue per Encinitas Municipal Code (EMC) Section 30.76.120(A) Remodeling or Reconstruction of Residential Buildings with Structural/Use Nonconformity because no intensity of the structural nonconformity is proposed. The proposed single-family home is 4of14 DocuSign Envelope ID: C37993B8-16E2-4DBD-89A7-E695B7BCDC39 PROJECT NUMBER: CDP-003828-2020 OCTOBER 25, 2022 also consistent with the development character of the surrounding neighborhood. The subject site has an identical zoning designation (R-11) to the adjacent properties located to the north, east, south, and west. As conditioned, public improvements and utility services will be available to serve the site. The required findings can be made to support the approval of the Coastal Development Permit. FINDINGS 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: Findings for Coastal Development Permit Explanation of Finding 1. The project is consistent with the certified The project complies with the applicable Local Coastal Program of the City of General Plan goals and policies and the R-11 Encinitas; and zoning standards. Therefore, the project is consistent with the Local Coastal Program of the City of Encinitas. 2. The proposed development conforms with No potentially significant adverse impacts to the Public Resources Code Section 21000 and environment would result from the project. The following (CEQA) in that there are no project is exempt from environmental review feasible mitigation measures or feasible pursuant to Section 15303(a) of the California alternatives available which would Environmental Quality Act (CEQA) Guidelines, substantially lessen any significant adverse which exempts the construction of one single - impact that the activity may have on the family residence in a residential zone. environment; and 3. For projects involving development The project site is located between the nearest between the sea or other body of water and public road and the sea, but the public has the nearest public road, approval shall access to the sea through Moonlight Beach include a specific finding that such Park, which is located to the south of the subject development is in conformity with the public property. access and public recreation policies of Section 30200 et. seq. of the Coastal Act. CONCLUSION The Development Services Department determined the Coastal Development Permit application and plans to be consistent with the City's certified Local Coastal Program, including all applicable policies of the General Plan and provisions of the Municipal Code. The residential use is consistent with the General Plan land use designation and applicable General Plan policies. All development standards for the R-11 zone are met including lot width, lot depth, lot coverage, parking and building height, except for the front and street side yard setbacks, which will be maintained as an existing nonconformity. Based on the aforementioned facts and 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: 5of14 DocuSign Envelope ID: C37993B8-16E2-4DBD-89A7-E695B7BCDC39 PROJECT NUMBER: CDP-003828-2020 OCTOBER 25, 2022 SPCL 04 Special — Survey Monuments: The existing survey monuments shall be referenced on the grading plan and shall be protected in -place. If any monument is disturbed or destroyed it shall be replaced by a licensed land surveyor and a Corner Record or Record of Survey shall be filed with the County prior to release of securities and/or building occupancy. G1 STANDARD CONDITIONS: CONTACT THE DEVELOPMENT SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): A 01 Approval - General: At any time after two years from the date of this approval, on October 25, 2024 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 02 Approval - General: This approval may be appealed to the City Council within 15 calendar days from the date of this approval in accordance with Chapter 1.12 of the Municipal Code. A 03 Approval - General: This project is located within the California Coastal Commission's Appeal Jurisdiction of the Coastal Zone and may be appealed to the California Coastal Commission pursuant to Coastal Act Section 30603 and Chapter 30.04 of the City of Encinitas Municipal Code. An appeal of the City's decision must be filed with the Coastal Commission within 10 working days following the Coastal Commission's receipt of the Notice of Final Action. Applicants will be notified by the Coastal Commission as to the date the Commission's appeal period will conclude. Appeals must be in writing to the Coastal Commission, San Diego Coast District office. A 04 Approval - General: This project is conditionally approved as set forth on the application and project drawings stamped received by the City on September 27, 2022, consisting of 14 sheets including Cover Sheet (A-0.0), Site Plan (A-1.0), Basement Floor Plan (A-2.0), 1st Floor Plan (A-2.1), 2nd Floor Plan (A-2.2), Exterior Elevations (A-3.0), Exterior Elevations (A-3.0), Exterior Elevations (A-3.1), Exterior Elevations (A-3.3), Exterior Elevations (A-3.4), 1st Floor Roof Plan (A-4.0), 2nd Floor Roof Plan (A-4.1), Sections (A-5.0), and ), Sections (A-5.0), and preliminary grading plan stamped received by the City on June 30, 2021 consisting of six sheets including Existing Topographic Plan (Sheet 1), Preliminary Grading & Drainage Plan (Sheet 2), Preliminary Grading & Drainage Plan (Sheet 3), Preliminary Grading & Drainage Plan (Sheet 3), Geotechnical Site Plan, and Geologic Cross -Section A -A', all designated as approved by the Development Services Director on October 25, 2022, 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. DF 01 Development Fees: The applicant shall pay development fees at the established rate. Such fees may include but are not limited to: permit and plan checking fees, water and 6of14 DocuSign Envelope ID: C37993B8-16E2-4DBD-89A7-E695B7BCDC39 PROJECT NUMBER: CDP-003828-2020 OCTOBER 25, 2022 sewer service fees, school fees, traffic mitigation fees, flood control mitigation fees, park mitigation fees, and fire mitigation, and fire cost recovery fees. All plan check, permit, and service fees shall be paid in accordance with the table below to the satisfaction of the applicable Department Director or designee. The applicant is advised to contact the Development Services Department regarding Park Mitigation Fees (Planning Division), Flood Control and Traffic Fees (Engineering Division), applicable School District(s) regarding School Fees (Building Division), Fire Mitigation/Cost Recovery Fees (Fire Department), and the applicable Utility Departments or Districts regarding Water and/or Sewer Fees. Fee Name Department/Division Timing for fee collection' Fire mitigation fee Fire Prevention Prior to occupancy release Fire cost recovery fee Fire Prevention Prior to building/fire permit issuance Flood control mitigation Engineering Division With grading permit fee issuance/or prior to final building permit issuance Inclusionary housing in- Planning Division Prior to final map lieu fee recordation or prior to building permit issuance Parkland acquisition fee Planning Division Prior to occupancy release Parkland development fee Planning Division Prior to occupancy release Plan check fee Building, Engineering, At plan check submittal Fire Prevention and Planning Divisions Permit fee Building Division and At permit issuance Engineering Division School fees Building Division Prior to building permit issuance Traffic mitigation fee Engineering Division Prior to building permit issuance Water and sewer fee Engineering Division Prior to permit issuance ' Initiating use in reliance on this approval may apply when no permits required. 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 7of14 DocuSign Envelope ID: C37993B8-16E2-4DBD-89A7-E695B7BCDC39 PROJECT NUMBER: CDP-003828-2020 OCTOBER 25, 2022 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 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. 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 Certificate of Occupancy or occupancy release. 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 Parking: 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, 8of14 DocuSign Envelope ID: C37993B8-16E2-4DBD-89A7-E695B7BCDC39 PROJECT NUMBER: CDP-003828-2020 OCTOBER 25, 2022 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. 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 (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 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. B1 BUILDING CONDITIONS: CONTACT THE ENCINITAS DEVELOPMENT SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 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 CONDITION(S): FIRE 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'/z-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 9of14 DocuSign Envelope ID: C37993B8-16E2-4DBD-89A7-E695B7BCDC39 PROJECT NUMBER: CDP-003828-2020 OCTOBER 25, 2022 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 08 BASEMENT: All basements shall be designed and equipped with emergency exit systems consisting of operable windows, window wells or exit door that's leads directly outside via staircase and exit door or exit door at grade. b) Window wells/Light wells that intrude into side yard or backyard setbacks of five feet or less, shall require a hinged grating covering the window well/lightwell opening. The grating shall be capable of supporting a weight of 2501b person; yet must be able to be opened by someone of minimal strength with no special knowledge, effort or use of key or tool. Any modification of previously approved plans related to this condition shall be subject to re -submittal and review by City staff (Fire, Building, Planning). 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. 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. 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. 10 of 14 DocuSign Envelope ID: C37993B8-16E2-4DBD-89A7-E695B7BCDC39 PROJECT NUMBER: CDP-003828-2020 OCTOBER 25, 2022 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 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. GRD 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. GRD 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. GRD 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. GRD 07 Grading — Slopes: All newly created slopes within this project shall be no steeper than 2:1. GRD 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. 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. 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. 11 of 14 DocuSign Envelope ID: C37993B8-16E2-4DBD-89A7-E695B7BCDC39 PROJECT NUMBER: CDP-003828-2020 OCTOBER 25, 2022 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 27 Street — Street Trees: The removal of any and all City trees shall be consistent with Encinitas Municipal Code Chapter 15.02 and the City's Urban Forest Management Program. Trees located within City street right-of-way, on City property, or within City easements are referred to as City trees and shall be protected in place during construction unless specifically approved otherwise. No grading, excavation, or disturbance of city tree root systems shall occur within the City tree drip line area (the area from the trunk of a tree to the outermost edge of the tree canopy projection on the ground). If a City tree is not clearly labeled to be removed, it must be protected in place. Even if approved improvements conflict with a city tree, it must not be disturbed unless the plan is revised to address the tree removal. 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 BMPs: 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. 12 of 14 DocuSign Envelope ID: C37993B8-16E2-4DBD-89A7-E695B7BCDC39 PROJECT NUMBER: CDP-003828-2020 OCTOBER 25, 2022 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. UT 04 Utility — Underground Existing Facilities: The owner shall be responsible for the relocation and undergrounding of existing public utilities and appurtenances, as required including but not limited to pedestals, cabinets, vaults, poles, and guy wires. UT 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 16 Utility — Existing & Proposed Facilities: The location of all utility facilities such as backflow preventers, transformers, etc. shall be plotted and adequate screening shall be provided to the satisfaction of the Development Services Department. Private facilities shall be located out of the public right-of-way to the maximum extent practicable. Any authorized encroachment into the public right-of-way will require an Encroachment Maintenance and Removal Covenant. 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 1-inch water meter. 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 15 calendar days of the date of this determination. The appeal must be filed, accompanied by a $406 filing fee, prior to 5:00 p.m. on the 13 of 14 DocuSign Envelope ID: C37993B8-16E2-4DBD-89A7-E695B7BCDC39 PROJECT NUMBER: CDP-003828-2020 OCTOBER 25, 2022 1511 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 be appealed to the Coastal Commission. If you have any questions regarding this determination, please contact Chris Stanley, Associate ulla,7.u..ii..L!I'::!LI:..'..:..0..; or contact the Development Planner, at 760-633-2785 or y email at ii� ;,, Services Department, 505 South Vulcan Avenue, Encinitas, CA 92024 at 760-633-2710 or by email at SIGNATURE DocuSigned by: D8624D2093C649C... Roy Sapa'u Director 14 of 14 M tM Certificate Of Completion Envelope Id: C37993B816E24DBD89A7E695B7BCDC39 Subject: Complete with DocuSign: 003828-2020 CDP (206 Fourth Street) 2022-48.docx Source Envelope: Document Pages: 14 Signatures: 1 Certificate Pages: 1 Initials: 0 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) Record Tracking Status: Original 10/25/2022 5:15:54 PM Signer Events Roy Sapa'u rsapau@encinitasca.gov Director of Development Services City of Encinitas Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Editor Delivery Events Agent Delivery Events Intermediary Delivery Events Certified Delivery Events Carbon Copy Events Witness Events Notary Events Envelope Summary Events Envelope Sent Certified Delivered Signing Complete Completed Holder: Brayden Davis bdavis@encinitasca.gov Signature EDocuSigned by: N sapa'u D8624D2093C649C... Signature Adoption: Pre -selected Style Using IP Address: 70.183.94.130 Signature Status Status Status Status Status Signature Signature Status Hashed/Encrypted Security Checked Security Checked Security Checked Status: Completed Envelope Originator: Brayden Davis 505 S Vulcan Ave Encinitas, CA 92024 bdavis@encinitasca.gov IP Address: 70.183.94.130 Location: DocuSign Timestamp Sent: 10/25/2022 5:16:43 PM Viewed: 10/25/2022 6:31:33 PM Signed: 10/25/2022 6:31:35 PM Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Timestamps 10/25/2022 5:16:43 PM 10/25/2022 6:31:33 PM 10/25/2022 6:31:35 PM 10/25/2022 6:31:35 PM Payment Events Status Timestamps