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2023-21 - EGDocuSign Envelope ID: BDB5F6A7-A69B-4E46-A608-AEE1BDOBF9CA E n%initas Development NOTICE OF DECISION Services Department rFvEi_OPMENTEEEwri..s iDEPAial MEN'r Project Name: 145 Athena Street Residence Remodel Request: Demolition of an existing single-family residence and the construction of a new single-family residence with a detached accessory dwelling unit (ADU) Discretionary Actions: Coastal Development Permit (CDP) CEQA Determination: Exempt DECISION: APPROVED Project Number: CDP-005251-2022 DSD Number: 2023-21 Location: 145 Athena Street Community: Leucadia APN: 256-083-12-00 Applicant: Brett Johnson and Sonia Rodriguez Representative: Chris Miller Project Planner: Rachael Lindebrekke, Associate Planner, Decision Date: April 10, 2023 Report Approval: ® Katie Innes, Planning Manager ® Andrew Maynard, Principal Planner PROJECT DESCRIPTION A request for a Coastal Development Permit (CDP) to demolish a 1,346 square -foot single-family residence and detached accessory structure and construct a new 1,822 square foot single-family residence with a new 300 square foot detached accessory dwelling unit (ADU). DocuSign Envelope ID: BDB5F6A7-A69B-4E46-A608-AEE1BDOBF9CA ITEM NAME: 145 ATHENA ST RESIDENCE REMODEL PROJECT NUMBER: CDP-005251-2022 APRIL 10, 2023 PROJECT ANALYSIS Background The project site is a single-family residential lot developed under the County of San Diego with a single-family residence and detached accessory structure. Since incorporation, the City has received no other discretionary planning applications or development permits for the project site, and there currently are no open Code Enforcement cases associated with the property. Project Site Characteristics: The project site is located within the in the RS-11 Zone and Residential Single -Family 11 General Plan Land Use Designation. Pursuant to EIVIC Chapter 30.08 (Zones), the RS-11 Zone provides for primary single-family residential units with accessory uses. The project is on a legal lot that is similar in size and use to other lots in the vicinity. The project site has an average lot slope of less than 10 percent. The project will continue to take access off Athena Street, a public road. Public improvements and utility services are available to serve the site. The project site is also located within Coastal Zone. The table below summarizes the characteristics of the project site: General Plan: Residential Single -Family 11 RS-11 Specific Plan: None Zoning District: RS-11 Zoning Overlay: Coastal Zone Other Key City Plan: None Notable State or Regional Plan and Law: None Adjacent Area: The area surrounding the project site is developed. The immediate surrounding area includes single-family and duplex residential structures having a mix of architectural styles, construction ages, and are one or two stories. The project proposes to demolish the existing 1,346 square foot one-story single-family residence and detached accessory structure, and construct a new 1,822 square foot single-family residence with a new 300 square foot detached accessory dwelling unit, which is consistent with the existing surrounding development. The table below summarizes the characteristics of the adjacent area: Direction General Plan and Zoning District Land Use North Residential Single -Family 11; RS-11 Single-family residences South Residential Single -Family 11; RS-11 Single-family residences East Residential Single -Family 11; RS-11 Single-family residences, duplexes and multi -family development West Residential Single -Family 11; RS-11 Single-family residences and duplexes General Plan Consistency 2of18 DocuSign Envelope ID: BDB5F6A7-A69B-4E46-A608-AEE1BDOBF9CA ITEM NAME: 145 ATHENA ST RESIDENCE REMODEL PROJECT NUMBER: CDP-005251-2022 APRIL 10, 2023 The City of Encinitas General Plan includes a number of goals and policies that guide development and land use within the City. A discussion of how the project is consistent with applicable General Plan policies is summarized below: General Plan Goal or Policy Explanation of Project Conformance Policy 1.12: The residential The proposed project is the demolition of an existing single - character of the City shall be family residence and accessory dwelling units, and substantially single-family reconstruction of a new single-family residence and detached housing. detached accessory dwelling unit. The proposed project will construct a new single-family residence consistent with this policy. Land Use Goal 6: Every effort The proposed project has been designed to ensure that the shall be made to ensure that the existing desirable character of the community is maintained existing desirable character of and will be compatible with the surrounding neighborhood, the communities is maintained. which consists primarily of single-family units. The project has been designed in compliance with the municipal code standards of the RS-11 Zone to ensure the residential structure height, setbacks, floor area ratio and lot coverage blend with the character of the surrounding community. Municipal Code Analysis Below is a table summarizing how the proposed project meets the applicable zoning standards for the RS-11 Zone: Development Standard Project Proposed Complies? Zone: Residential Single Family 11 Single-family detached residence Yes ® No ❑ (RS-11) — This zone is intended to and accessory dwelling unit provide for single-family detached residential units with minimum lot sizes of 3,950 net square feet and maximum densities of 11 units per net acre. One primary dwelling is permitted on each legal lot. Minimum Net Lot Area: 3,950 square Net: 7,317 square feet Yes ® No ❑ feet Gross: 7,317 square feet Lot Width: 40 feet 46 feet Yes ® No ❑ Lot Depth: 90 feet 158 feet Yes ® No ❑ Front Yard Setback: 20 feet 28 feet, 6 inches Yes ® No ❑ Rear Yard Setback: 20 feet 41 feet, 4 inches Yes ® No ❑ Interior Side 1 (West) Yard Setback: 5 5 feet Yes ® No ❑ feet Interior Side 2 (East) Yard Setback: 5 5.5 feet Yes ® No ❑ feet Lot Coverage: 40% 1,822 square feet/ 7,317 square feet Yes ® No ❑ *Up to 800 square feet of area excluded = 24.9% for ADU. *300 square foot ADU excluded from calculation 3of18 DocuSign Envelope ID: BDB5F6A7-A69B-4E46-A608-AEE1BDOBF9CA ITEM NAME: 145 ATHENA ST RESIDENCE REMODEL PROJECT NUMBER: CDP-005251-2022 APRIL 10, 2023 Development Standard Project Proposed Complies? Floor Area Ratio: 0.6 1,822 square feet/ 7,317 square feet Yes ® No ❑ *Up to 800 square feet of area exempt = .249 for an ADU. *300 square foot ADU excluded from calculation Height Yes ® No ❑ Single -Family Residence Single Family Residence — Pitched a. 22 feet (measured from the lower of Roof the existing or finished grade) to the a. 10 feet (measured from the top of the finished roof material lower grade) to top of the above the exterior wall. finished roof material above the b. 26 feet (pitched roof) exterior wall. c. Two -stories maximum b. 17 feet, 3 inches (measured from lower grade) to highest roof ADU point of the pitched roof. a. 16 feet maximum when: c. One-story 1. not constructed above a garage, or wholly within or to the same dimensions as an existing or proposed primary residence or ADU — Flat Roof accessory structure; and a. 15 feet, 7 and 3/4 inches 2. not in compliance with the (measured from lower grade to required setbacks of the highest roof point. underlying zone. b. One-story b. no projections permitted above the maximum 16-foot height limit. c. Two -stories maximum Parking — Two (2) existing, unenclosed Yes ® No ❑ Single-family residence: parking spaces are provided. (see * Legal non - Two (2) enclosed parking spaces for non -conformity discussion below) conforming single-family homes less than 2,500 square feet. Accessory Dwelling Unit: One (1) parking space required for accessory dwelling units not within .5 miles of a major transit stop. Non -conformities The existing single-family residence and a detached garage was constructed in 1956 under the County of San Diego's jurisdiction. As constructed, and since the City of Encinitas incorporation in 1986, there is one legal nonconformity for the site (parking - see below). All nonconformities will not be expanded, enlarged, or intensified in accordance with Encinitas Municipal Code Chapter 30.76. 1. Parking- In accordance with the City of Encinitas Municipal Code (Chapter 30.54), single and two-family dwelling units (duplexes) of up to 2,500 square feet of floor area, require two enclosed parking spaces for each unit. The existing 1,346 square foot residence would 4of18 DocuSign Envelope ID: BDB5F6A7-A69B-4E46-A608-AEE1BDOBF9CA ITEM NAME: 145 ATHENA ST RESIDENCE REMODEL PROJECT NUMBER: CDP-005251-2022 APRIL 10, 2023 therefore require two (2) enclosed parking spaces, if constructed today. In 1976, and under the County's jurisdiction, the detached garage was permitted to be converted to a "miscellaneous" accessory structure as verified through the County Accessor's Residential Building Record. As a result of the conversion, the two existing parking spaces were relocated to the existing driveway in the front yard setback, unenclosed. The current project proposes the demolition of the existing residence and detached accessory structure, and construction of a new 1,822 square foot residence and a new 300 square foot detached ADU. The construction of the 1,822-square foot single-family residence requires the two parking spaces be maintained. No parking is required for the ADU because the site is within a half mile of a major transit stop. The project proposes to maintain the two unenclosed parking spaces in their existing location and condition (unenclosed), as approved through the County of San Diego. Therefore, the nonconformity will not be expanded, enlarged, or intensified in accordance with Encinitas Municipal Code Chapter 30.76. Single Family Residential Zones (RR-2/R-3/R-5/R-8/RS-11) Pursuant to EMC Section 30.16.010.C, projects proposed within the RS-11 Zone must comply with the following development standards: 1. Residences shall be oriented with the rear of the residence toward collector and larger streets where possible, consistent with the pattern of development in the neighborhood; 2. Walkways connecting with city sidewalk/trail systems shall be provided in new residential developments; 3. Driveway or other concrete or asphalt concrete areas available for parking shall not exceed 50%, where practical, of the required front yard area; 4. Access to the garage shall be from the alley or side street, if available. Project compliance with the four requirements is discussed below. 1. The existing residence and all properties along Athena Street are oriented towards Athena Street. The project proposes to maintain the same existing orientation which matches the existing pattern of development within the neighborhood. 2. The project is not a new residential development and therefore will not be providing additional city sidewalks/trail systems. 3. The existing driveway covers 53 percent of the required front yard area (932 square foot driveway/ 932 square foot required front yard). The project exceeds the 50 percent limit; however, it is not practical to reduce the existing driveway area as two parking spaces are required to be maintained in that area. This requires the driveway to maintain the width and length as existing to meet parking dimension requirements as discussed in the non - conformities section above. 4. There is no existing garage on site and no garage is proposed as part of the project. Building Height On lots in the R-3 to R-25 zones with greater than 10 percent average lot slope, the building height at the uphill side of the lot shall not exceed 12 feet above the crown of the Right -of -Way (ROW). The site is located within the RS-11 Zone and the average lot slope was determined to be less than 10 percent. Therefore, the site is not subject to the additional height restriction of 12 feet above the crown of the right-of-way. The project complies with the standard height limitation of 22 feet from the lower of the existing or finished grade at the building wall for the main residence and 16 feet in height for the proposed detached accessory dwelling unit. 5of18 DocuSign Envelope ID: BDB5F6A7-A69B-4E46-A608-AEE1BDOBF9CA ITEM NAME: 145 ATHENA ST RESIDENCE REMODEL PROJECT NUMBER: CDP-005251-2022 APRIL 10, 2023 Grading Approximate earthwork quantities include 15 cubic yards of cut with 15 cubic yards fill with no import or export. Maximum cut depth will be four feet six inches and maximum fill height will be two feet nine inches. Therefore, the grading work related to cut and fill is exempt from Design Review in accordance with Encinitas Municipal Code Section 23.08.030B.14, since proposed grading does not exceed the thresholds of eight -foot cut and four -foot fill. Design Review Exemptions The applicant is proposing to demolish a 1,346 square -foot single-family residence and a detached accessory structure and construct a new 1,822 square foot single-family residence with a new 300 square foot ADU. The exterior design of both the residence and ADU consists of a white stucco finish, silver metal window and door trims, and silver metal standing seam roofing material. The residence is designed with a dissimilar building footprint, orientation, elevations, and architectural features from surrounding residential units. Additionally, as discussed above, the limited grading proposed does not exceed cut and fill thresholds requiring Design Review. Therefore, pursuant to EMC Sections 23.08.030.13.7 and 23.08.030.B.14, the project is exempt from design review. Local Coastal Program Consistency The project site is located in the Coastal Zone and requires a Coastal Development Permit. 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 all RS-11 zoning development standards including setbacks, lot area, floor area ratio, lot coverage, and building height, with the exception of the two unenclosed parking spaces for the single-family residence (which have a legal non -conforming status). PUBLIC NOTICE AND PARTICIPATION Public Notice The Notice of Pending Action for the Coastal Development Permit was mailed on March 23, 2023, 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". One comment was received requesting the project not impact La Mesa Avenue with noise, dust, water runoff, or other nuisances. The project will not negatively impact La Mesa Avenue as it is required to comply with all project conditions. Project conditions that will mitigate impacts to surrounding properties include the submittal and review of drainage and erosion control plans to prevent discharge of sediment and all other pollutants onto adjacent streets and properties; the submittal of a security treatment plan; and compliance with Fire Codes, which ensure that during construction all roadways shall be maintained free and clear, including the parking of vehicles. In addition, the project is required to remain in compliance with Chapter 9.38 (Noise Abatement and Control) and 30.40.010A (Performance Standards — Noise) of the Encinitas Municipal Code to ensure the project will not create a noise nuisance during and after construction. 6of18 DocuSign Envelope ID: BDB5F6A7-A69B-4E46-A608-AEE1BDOBF9CA ITEM NAME: 145 ATHENA ST RESIDENCE REMODEL PROJECT NUMBER: CDP-005251-2022 APRIL 10, 2023 No other comments were received in response to the public notices or throughout the process. ENVIRONMENTAL CONSIDERATIONS The project has been determined to be exempt from environmental review pursuant to California Environmental Quality Act (CEQA) Guidelines Sections 15301(1)(1) and (4) and 15303(a) and (d). Section 15301(1)(1) exempts the demolition and removal of one single family residence and Section 15301(1)(4) exempts the demolition and removal of accessory structures. Section 15303(a) exempts the construction of one single-family residence and accessory dwelling unit in a residential zone. Section 15303(d) also exempts water main, sewage, electrical, gas, and other utility extensions to serve such construction. It has been determined that the project is not in an environmentally sensitive location; will not have a cumulative effect on the environment; is not a hazardous waste site; will not cause substantial change in significance of a historic resource; and will not result in damage of a scenic highway. The proposed project is consistent with Sections 15301(1)(1) and 15303(a) and (d) — and 15300.2 — Exceptions of the CEQA Guidelines, therefore, the project may rely on the categorical exemptions. DISCUSSION The project complies with all applicable policies of the General Plan, Local Coastal Program, and provisions of the Encinitas Municipal Code including the RS-11 Zone development standards and nonconformity regulations. The proposed project is consistent with the development character of the surrounding neighborhood and shall be required to comply with all applicable Building and Fire codes through the standard building permit plan checking process. 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 The proposed project complies with all certified Local Coastal Program of the development standards of the RS-11 Zone, City of Encinitas. including the nonconformity standards for parking. The project is consistent with the applicable goals and policies of the General Plan. Therefore, the project is consistent the City's certified Local Coastal Program, comprised of the General Plan and the Municipal Code. 7of18 DocuSign Envelope ID: BDB5F6A7-A69B-4E46-A608-AEE1BDOBF9CA ITEM NAME: 145 ATHENA ST RESIDENCE REMODEL PROJECT NUMBER: CDP-005251-2022 APRIL 10, 2023 Findings for Coastal Development Permit Explanation of Finding 2. The proposed project is consistent with The project will not result in significant adverse the certified Local Coastal Program of impacts to the environment and the project is the City of Encinitas. The proposed exempt from environmental review pursuant to development conforms with Public Sections 15301(1)(1) and (4) and 15303(a) and Resources Code Section 21000 et al. (d). Section 15301(1)(1) exempts the demolition (CEQA) and that there are no feasible and removal of one single family residence and mitigation measures or feasible Section 15301(1)(4) exempts the demolition and alternatives available, which would removal of accessory structures. Section substantially lessen any significant 15303(a) exempts the construction and adverse impact that the activity may conversion of one single-family residence and have on the environment. accessory dwelling unit in a residential zone. Section 15303(d) exempts water main, sewage, electrical, gas, and other utility extensions to serve such construction. The project is consistent with the Sections identified above, and the project is consistent with Section 15300.2 — Exceptions of the CEQA Guidelines, and therefore may rely on the categorical exemptions. 3. For projects involving development The project site is located on Athena Street, between the sea or other body of water which is not located between the sea and the and the nearest public road, approval nearest public road. Therefore, Section 30200 shall include a specific finding that such et. seq. of the Coastal Act does not apply. development is in conformity with the public access and public recreation policies of Section 30200 et. seq. of the Coastal Act. 8of18 DocuSign Envelope ID: BDB5F6A7-A69B-4E46-A608-AEE1BDOBF9CA ITEM NAME: 145 ATHENA ST RESIDENCE REMODEL PROJECT NUMBER: CDP-005251-2022 APRIL 10, 2023 CONCLUSION The Development Services Department has determined that the application and plans for a Coastal Development Permit are consistent with the City's certified Local Coastal Program, including all applicable policies of the General Plan and provisions of the Municipal Code including the nonconformity regulations. The construction of a new single-family residence and detached accessory dwelling unit is consistent with the General Plan Land Use Designation and applicable General Plan policies. The project meets all development standards for the RS-11 Zone, except for parking, which shall remain as legal non -conforming. Therefore, the project is hereby approved based upon the aforementioned findings and subject to the following conditions of approval: CONDITIONS OF APPROVAL SPECIFIC CONDITIONS: SCA The following Planning -related condition shall be completed/fulfilled to the satisfaction of the Development Services Department: Two required parking spaces shall be always available and usable for the parking of owner/tenant vehicles and are not to be rented or conveyed separately from the dwelling units without City approval. STANDARD CONDITIONS: CONTACT THE DEVELOPMENT SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: A 01 Approval — General: At any time after two years from the date of this approval, on April 10, 2025 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 04 Approval — General: This project is conditionally approved as set forth on the application and project drawings stamped received by the City on March 10, 2023, consisting of ten (10) sheets including Title Sheet (Sheet A0.1), Existing Site Plan (Sheet A0.2), Impervious Area Calcs (Sheet A0.3), General and Engineering Notes (Sheet A0.5), Existing Floor and Roof Plan (Sheet A1.1), Existing Elevations (Sheet A1.2), Proposed Floor Plan - Main House (Sheet A2.1), Proposed Roof Plan - Main House (Sheet A2.2), Proposed Elevations - Main House (Sheet A2.3) and Proposed ADU Floor Plan, Roof Plan, Elevations (Sheet A2.4) all designated as approved by the Development Services Department on April 10, 2023 and shall not be altered without express authorization by the Development Services Department. 9of18 DocuSign Envelope ID: BDB5F6A7-A69B-4E46-A608-AEE1BDOBF9CA ITEM NAME: 145 ATHENA ST RESIDENCE REMODEL PROJECT NUMBER: CDP-005251-2022 APRIL 10, 2023 A 08 Approval — General: Approval of this request shall not waive compliance with any sections of the Municipal Code and all other applicable City regulations in effect at the time of Building Permit issuance unless specifically waived herein. A 09 Approval — General: Prior to any use or issuance of final occupancy of the project site pursuant to this permit, all conditions of approval contained herein shall be completed or secured to the satisfaction of the Development Services Department. ADU 01 Accessory Dwelling Units: Prior to Building Permit issuance, a covenant regarding real property shall be recorded regarding the accessory unit providing that compliance with the following conditions shall be maintained: a) The accessory unit is approved for use as a second dwelling unit, accessory to the principal use of the property as a single-family residence. b) The use of the accessory unit shall be incidental, related, appropriate and clearly subordinate to the single-family residence. c) Sale or ownership of the accessory unit separate from the associated single-family residence is prohibited. d) All required parking for the accessory unit shall be located, constructed, and maintained as approved and shown on the approved plans. AEB 01 All -Electric Building: All new residential and non-residential buildings shale be constructed all -electrically per Encinitas Municipal Code Section 23.12.O8OD-E. An all -electric budling is defined as a building that has no natural gas or propane plumbing installed within the building and there is no gas meter connection, and that uses electricity as the source of energy for its space heating, water heating, cooking appliances, and clothes drying appliances. All Electric Buildings may include solar thermal pool heating. 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 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 building permit issuance Fire cost recovery fee Fire Prevention Prior to building/fire permit issuance Flood control Engineering Division With grading permit mitigation fee issuance/or prior to final building permit issuance 10 of 18 DocuSign Envelope ID: BDB5F6A7-A69B-4E46-A608-AEE1BDOBF9CA ITEM NAME: 145 ATHENA ST RESIDENCE REMODEL PROJECT NUMBER: CDP-005251-2022 APRIL 10, 2023 Inclusionary housing Planning Division Prior to final map recordation in -lieu fee or prior to building permit issuance Parkland acquisition Planning Division Prior to building permit fee issuance Parkland development Planning Division Prior to building permit fee issuance 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. EE 01 Energy Efficiency: Existing residential building additions or alterations with a permit value of $50,000 or higher shall include applicable energy efficiency measures depending on the age of the home. Measures may include duct sealing, cool roof, lighting package, water heating package, or attic insultation. See Encinitas Municipal Code Section 23.12.080.C. 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. 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. 11 of 18 DocuSign Envelope ID: BDB5F6A7-A69B-4E46-A608-AEE1BDOBF9CA ITEM NAME: 145 ATHENA ST RESIDENCE REMODEL PROJECT NUMBER: CDP-005251-2022 APRIL 10, 2023 EV 01 Electric Vehicle Charging Ready: New one- and two-family dwellings, including townhouses with private garages must include a dedicated 208/240-volt branch circuit rated to 40 amperes minimum for each unit capable of accommodating a future Level 2 home electric vehicle charging station. See Encinitas Municipal Code 23.12.110. 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 CO or occupancy. 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 agrees 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 further agrees 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. SSO 01 Security, Safety and Operations: Prior to issuance of a Grading / Building Permit, a Security, Safety, and Operations plan shall be submitted and approved by the Development Services Department and the Fire Department. Such plan shall include, but not be limited to, the following items (as applicable): site location, owner info, 24-hour emergency contact info, safety and perimeter fencing, access location(s), loading/unloading zones, onsite/offsite circulation, worker parking and signage, temporary parking lot location/design, neighborhood traffic flow, model home phasing and fencing, large vehicle turnaround areas, signage for haul routes per EMC 23.24.410, construction trailer location, hours of grading and building permit operations, City tree protection zones, hours of hauling (i.e. school routes, prime arterials, impacted streets, etc.), and construction phasing. 12 of 18 DocuSign Envelope ID: BDB5F6A7-A69B-4E46-A608-AEE1BDOBF9CA ITEM NAME: 145 ATHENA ST RESIDENCE REMODEL PROJECT NUMBER: CDP-005251-2022 APRIL 10, 2023 SPV 01 Solar Photovoltaic Panels: All newly constructed low-rise residential buildings the installed PV system must be big enough to offset the electricity use of the proposed building as if it was a mixed -fuel building. See Section 150.1(c)14 of the California Building Code, Part 6 (Energy Code). 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. 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 03 Walls and Fences: All masonry freestanding or retaining walls visible from points beyond the project site shall be treated with a protective sealant coating to facilitate graffiti removal. The sealant shall be of a type satisfactory to the Development Services Department. The property owner shall be responsible for the removal in a timely manner of any graffiti posted on such walls. SAN DIEGUITO WATER DISTRIC (SDWD) CONDITIONS: CONTACT THE SAN DIEGUITO WATER DISTRICT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: SDWD EWS 03 Existing Water Service— SFR/Miscellanies Improvements: The subject property is currently being served by a 5/8-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 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. 13 of 18 DocuSign Envelope ID: BDB5F6A7-A69B-4E46-A608-AEE1BDOBF9CA ITEM NAME: 145 ATHENA ST RESIDENCE REMODEL PROJECT NUMBER: CDP-005251-2022 APRIL 10, 2023 FIRE CONDITIONS: CONTACT THE FIRE DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: FIRE 01 Address 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: 4" high with a '/2" inch stroke width for residential buildings, 8" high with a '/2" stroke for commercial and multi -family residential buildings, 12" high with a 1" stroke for industrial buildings. Additional numbers shall be required where deemed necessary by the Fire Marshal, such as rear access doors, building corners, and entrances to commercial centers. FIRE 05 Construction - Class "A" Roof: All structures shall be provided with a Class "A" Roof covering to the satisfaction of the Encinitas Fire Department. 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 24 Obstruction of Roadways During Construction: All roadways shall be a minimum of 20 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 CONDITION: CONTACT THE ENCINITAS DEVELOPMENT SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION: BLDG 02 Single Family and Duplex: 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. 14 of 18 DocuSign Envelope ID: BDB5F6A7-A69B-4E46-A608-AEE1BDOBF9CA ITEM NAME: 145 ATHENA ST RESIDENCE REMODEL PROJECT NUMBER: CDP-005251-2022 APRIL 10, 2023 ENGINEERING CONDITIONS: CONTACT THE DEVELOPMENT SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): Grading 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 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 10 Grading — Haul Route: Prior to hauling dirt or construction materials to any proposed construction site within this project the developer shall submit to and receive approval from the Development Services Department for the proposed haul route. The applicant shall comply with Municipal Code section 23.24.410 as well as all conditions and requirements the Development Services Department may impose with regards to the hauling operation. GRD 11 Grading — Drainage Plan: The project's building plan(s) shall include an engineered drainage and stormwater quality treatment BMP site plan prior to approval of building permit. The plan shall provide at a minimum the design for precise grading, drainage improvements, erosion control, stormwater pollution control, and impervious surfaces. GRD 12 Grading — Permit Exemption: A grading permit shall be obtained for this project unless the proposed grading is exempt under section 23.24.090 of the Municipal Code. If the proposed grading is exempt from permit requirement, the applicant shall provide a precise site plan prior to approval of a building permit. The building site plan shall provide design for precise grading, drainage improvements, erosion control, stormwater pollution control, and impervious surfaces. Drainage 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 15 of 18 DocuSign Envelope ID: BDB5F6A7-A69B-4E46-A608-AEE1BDOBF9CA ITEM NAME: 145 ATHENA ST RESIDENCE REMODEL PROJECT NUMBER: CDP-005251-2022 APRIL 10, 2023 system. The City of Encinitas Stormwater Standards Manual shall be employed to determine appropriate stormwater pollution control practices during construction. 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. DRAIN 07 Drainage — Cross Lot Drainage: Runoff from this property may drain to the adjacent property. The applicant shall design and construct a detention/infiltration basin to receive site runoff discharging onto the adjacent property. The detention/infiltration basin shall be designed to ensure that the impact of the runoff on the adjacent property is less than or equal to the predevelopment condition to the satisfaction of the Development Services Department. 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 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. 16 of 18 DocuSign Envelope ID: BDB5F6A7-A69B-4E46-A608-AEE1BDOBF9CA ITEM NAME: 145 ATHENA ST RESIDENCE REMODEL PROJECT NUMBER: CDP-005251-2022 APRIL 10, 2023 ST 26 Street — Public Facility Protection: All street signs, lights, lamps, utilities, etc. located within the public right-of-way shall be protected in -place during construction or replaced to the satisfaction of the Development Services Department. ST 30 Streets — Traffic Control Plan: Prior to commencement of any work in the public right-of-way or other work that may cause a traffic disturbance, the applicant shall obtain approval of a Traffic Control Plan from the City's Traffic Engineering division, as necessary. 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. 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 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 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. UT 18 Utility — Clearance: No excavation shall be permitted within five (5) feet of any utility pole or anchor without written approval of the utility pole owner. 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 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. 17 of 18 DocuSign Envelope ID: BDB5F6A7-A69B-4E46-A608-AEE1BDOBF9CA ITEM NAME: 145 ATHENA ST RESIDENCE REMODEL PROJECT NUMBER: CDP-005251-2022 APRIL 10, 2023 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. En_gineerin_g Special Conditions: 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. 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 pm on the 151h 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 Rachael Lindebrekke, Associate Planner, at 760-633-2703 or by email at a lluu� IIu.IIII Iuuu �u�s 2.r or contact the Development Services Department, 505 South Vulcan Avenue, Encinitas, CA 92024 at 760-633- 2710 or by email at pulluuuu.q.w.uuiu�a::a:�. SIGNATURE DocuSigned by: llaln.f,,s OA16A15BEC64492... Katie Innes Planning Manager 18 of 18 M fM Certificate Of Completion Envelope Id: BDB5F6A7A69B4E46A608AEE1 BDOBF9CA Subject: Complete with DocuSign: 005251-2022 CDP (145 Athena St) 2023-21.docx Source Envelope: Document Pages: 18 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 4/10/2023 12:54:22 PM Signer Events Katie Innes kinnes@encinitasca.gov Principal Planner 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 DocuSigned by: E I KInR S OA16A15BEC64492.. 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: 4/10/2023 12:55:15 PM Viewed: 4/10/2023 2:31:28 PM Signed: 4/10/2023 2:31:40 PM Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Timestamps 4/10/2023 12:55:15 PM 4/10/2023 2:31:28 PM 4/10/2023 2:31:40 PM 4/10/2023 2:31:40 PM Payment Events Status Timestamps