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.
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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.
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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
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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:
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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
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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
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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,
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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
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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.
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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.
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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.
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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
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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
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M tM
Certificate Of Completion
Envelope Id: C37993B816E24DBD89A7E695B7BCDC39
Subject: Complete with DocuSign: 003828-2020 CDP (206 Fourth Street) 2022-48.docx
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10/25/2022 5:15:54 PM
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Roy Sapa'u
rsapau@encinitasca.gov
Director of Development Services
City of Encinitas
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D8624D2093C649C...
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Envelope Originator:
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505 S Vulcan Ave
Encinitas, CA 92024
bdavis@encinitasca.gov
IP Address: 70.183.94.130
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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
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10/25/2022 6:31:33 PM
10/25/2022 6:31:35 PM
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