2023-39- EGDocuSign Envelope ID: 86E29233-3lE2-4A82-81CC-6EF885A84Dl9
ECITYOF 0 NOTICE OF DECISION
nanitas Development Services Department
DRELOPMENTSERVICIES DEPAIRI MEN'T
Project Name:
El Portal Beach Residence (Lot 44)
Request:
Demolition of an existing duplex and accessory structures,
construction of a new single-family residence with a basement,
and a detached garage with an ADU above, and site
improvements.
Discretionary Actions:
Coastal Development Permit (CDP)
CEQA Determination:
EXEMPT
DECISION:
APPROVED
Project Number:
CDP-004804-2021
DSD Number:
2023-39
Location:
223 and 225 El Portal Street (Lot 44)
Community:
Old Encinitas
APN:
256-293-37-00
Applicant:
Kevin Dunn, RREG Investments Series LLC Series
Representative:
Patrick Kornman, SID Architects
Project Planner:
Sara Cadona, Assistant Planner
Report Approval:
E] Andrew Maynard, Principal Planner
Decision Date:
June 19, 2023
PROJECT DESCRIPTION
The applicant is requesting a Coastal Development Permit (CDP) for the demolition of an existing
duplex and accessory structures, construction of a new single-family residence with a basement,
and a detached garage with an ADU above, and site improvements. The proposed project scope
includes the following:
DocuSign Envelope ID: 86E29233-3lE2-4A82-81CC-6EF885A84Dl9
ITEm NAME: El Portal Beach Residence (Lot 44)
PROJECT NUMBER: CDP-004804-2021
June 19, 2023
Single -Family
Residence
Garage
ADU
TOTALS
Basement (SF)
1,010
n/a
n/a
1,010
First Floor (SF)
1,010
442
n/a
1,452
Second Floor (SF)
1,100
n/a
459
1,559
TOTALS
3,120
442
459
4,021
The residence is of a contemporary architecture style with a mixture of stucco, vertical board and
batten siding- white and brown, brick veneer- light grey and dark grey, aluminum framed windows
and doors, metal guardrail, and a standing seam metal roof.
PROJECT ANALYSIS
Background
The County of San Diego Residential Building Record indicated that the residential structure to
be demolished was built as a single -story duplex in 1952 under the County of San Diego prior to
the city's incorporation. The duplex is located on two underlying lots which were subdivided as
Lot 44 and 43 in Block "J" of Seaside Gardens of Map No. 1800 dated August 6, 1924. This CDP
application proposes the construction of a new single-family residence on the northern Lot 44. A
separate discretionary application to construct a new single-family residence with basement, and
a detached garage with an ADU above on the southern Lot 43 has been filed separately.
Project Site Characteristics
The table below summarizes the General Plan Designation, Zoning District, Overlay Zones and
other notable City plans that apply to the project site:
General Plan
Residential Single -Family I I
Specific Plan
None
Zoning District
RS-1 1
Zoning Overlay
Coastal Overlay Zone
Other Key City Plan
None
Notable State or Regional Plan and Law
ADU state law
The project site is developed with an existing duplex and an accessory structure that was built
prior to the City's incorporation in 1986. The project site is located at the northeast quadrant of
the intersection of El Portal Street and La Mesa Avenue. The property slopes downward at a slope
gradient of approximately 1.16 percent from west to east. Access to the project site is primarily
from the rear alley that extends from El Portal Street.
The project site is located within the community of Old Encinitas in the RS-1 1 Zone and
Residential Single -Family 11 General Plan Land Use Designation. The project site is also located
within the Coastal Zone. Pursuant to Encinitas Municipal Code (EMC) Chapter 30.08 (Zones),
the RS-1 1 Zone provides for primary single-family detached residential units with accessory uses.
The project site is on a legal lot that is similar in size and use to other lots in the vicinity. Public
improvements and utility services are available to serve the site.
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DocuSign Envelope ID: 86E29233-3lE2-4A82-81CC-6EF885A84Dl9
ITEm NAME: El Portal Beach Residence (Lot 44)
PROJECT NUMBER: CDP-004804-2021
June 19, 2023
Adjacent Area
Direction
General Plan and
Zoning District
Land Use
North
Residential Single -Family 11/ RS-1 1
Single -Family Residence
South
Residential Single -Family 11/ RS-1 1
Single -Family Residence
East
Residential Single -Family 11/ RS-1 I
Single -Family Residence
West
Residential Single -Family 11/ RS-1 I
Single -Family Residence
General Plan Consistency
The City of Encinitas General Plan includes 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
LAND USE ELEMENT:
The proposed primary detached single-family
residence is consistent with the Residential
Residential Single-FamilV 11
Single-Familyl 1 General Plan designation. The
3,979 -square foot net lot area project site is
Residential uses in this category may
compatible with the surrounding land uses, lot
include residential development types
sizes, residential character, and zoning.
consisting of single family detached units.
This designation corresponds with the
existing density of development found in the
coastal communities. Many of the
neighborhoods under this category are built
on the stable pattern of single family
detached dwellings on lots of approximately
3,950 square feet, corresponding to this
density.
LAND USE POLICY 1.12: The residential
The proposed project is a primary single-family
character of the City shall be substantially
detached residence and is consistent with this
single-family detached housing.
policy.
LAND USE GOAL 6: Every effort shall be
The proposed project is a primary single-family
made to ensure the existing desirable
residence and is consistent with the surrounding
character of the communities is maintained.
development. The lot size is consistent with
surrounding properties. The proposed project
maintains the existing residential character of
the neighborhood and surrounding area.
Municipal Code Analysis
Below is a table summarizing how the proposed project meets the applicable zoning standards
for the RS-1 I Zone.
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DocuSign Envelope ID: 86E29233-3lE2-4A82-81CC-6EF885A84Dl9
ITEm NAME: El Portal Beach Residence (Lot 44)
PROJECT NUMBER: CDP-004804-2021
June 19, 2023
Development Standard
Proposed Project
Complies?
RS-1 I allows "Dwelling Unit, One-
Single-family residence as the
Yes Z No El
Family."
primary land use.
Minimum Net Lot Area:
3,979 SF (0.091 acres)
Yes Z No El
3,950 square feet
Lot Width — 40 feet
40 feet
Yes Z No El
Lot Depth — 90 feet
100 feet
Yes Z No El
Front Yard Setback - 20 feet
20 feet,3 inches
Yes Z No El
Rear Yard Setback - 20 feet*
9 feet,I inch (detached garage
Yes Z No E]
allowable setback)*
Interior Side Yard Setback — 5 feet
5 feet
Yes Z No El
Street Side Yard Setback — 10 feet
10 feet
Lot Coverage - 40 percent maximum
39.4 percent
Yes Z No El
Floor Area Ratio —.60
0.54
Yes Z No EI
ADU (459 SF) is exempt from FAR per
State Law
Building Height — Two stories and 22
21 feet, 29/64 of an inch to top of
Yes Z No El
feet to top of a flat roof and to top of
roof above exterior walls.
finished roof above the building wall,
and 26 feet to top of roof directly above
25 feet, 1-13/16 inches to top of roof
the exterior walls and 26 feet to peak
pitch.
of a minimum 3:12 pitched roof
Parking (SFR) — Two parking spaces
Two enclosed parking spaces are
Yes Z No El
are required for a home less than
provided in the detached garage
2,500 square feet. An additional space
and a third parking space (8.5 feet
(enclosed or unenclosed) is required if
by 21 feet) is provided
over 2,500 square feet.
perpendicular to the detached
garage.
*Code Section 30.16. 0 10. F. 3 allows for a reduced garage setback up to 5 feet for interior sides
and rear setbacks.
Development Standards Discussion
Basement. EMC Chapter 30.04 (Definitions) defines a "basement" as the level of a building
partly or wholly underground where more than one half of its perimeter is less than or equal
to four feet above the lower of natural or finished grade as defined in EMC Section
30.16.01OB6. The lowest level of the proposed single-family residence qualifies as a
basement. Basement depths are dimensioned on each elevation to indicate the difference
between the basement floor and adjacent grade. EMC Section 30.16.010.B7e exempts that
portion of the floor in the basement from the floor area ratio calculation.
Building Height. The property slopes downward at a slope gradient of approximately 1.16
percent from west to east. EMC Section 30.16.010B.6.e states that for lots with an average
lot slope of less 10 percent, the building height for the primary single-family dwelling shall not
exceed 22 feet to the top of the flat roof, measured from the lower of the existing or finished
grade most adjacent to the building wall below, and 26 feet to the top of the top of the ridgeline.
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DocuSign Envelope ID: 86E29233-3lE2-4A82-81CC-6EF885A84Dl9
ITEm NAME: El Portal Beach Residence (Lot 44)
PROJECT NUMBER: CDP-004804-2021
June 19, 2023
Along the north elevation, the applicant has shown on the project plans that the new single-
family residence is proposed at 21 feet and 29/64 of an inch to the finished roof above the
finished wall and with the proposed roof pitch 25 feet and 1-13/16 inches to top of pitch.
The proposed project complies with the maximum residential height standards. Standard
Condition of Approval HC 01 (Height Certification) requires a height certification from a
licensed surveyor or a registered civil engineer verifying that the building height is in
compliance with the approved plans during construction.
Architectural Promections. EMC Section 30.16.010.F.8 states architectural features of the
primary structure, such as porches, steps, eaves, awnings, chimneys, decks, balconies,
stairways, wing walls, or bay windows, window seats, fireplaces, planters, roof overhangs and
other architectural projections, which do not create additional livable area, may project into
the required setbacks. The proposed residence is proposing eave projections of 1 foot — 8
inches into the north side setbacks and 4 feet into the front setback, which complies with the
municipal code.
Garage. EMC Section 30.48.040.B.1 (Private Garages, Detached) requires that an detached
garage "shall not exceed 1,000 square feet or 50 percent of living area of the principal
residence, whichever is less. A garage area of 480 square feet is permitted regardless of the
living area of the principal residence." The proposed single-family residence includes an
attached 441 -square foot, two -car garage which complies with the floor area requirement for
attached garages. The Off -Street Design Manual, states that there must be a minimum backup
distance of 24 feet, from the garage to the far end of the alley it is 24 feet, complying with code
requirements.
Design Review Exemption
The proposed project is a custom single-family residence with a dissimilar building footprint,
orientation, elevations, and architectural features from residences in the immediate neighborhood
and is exempt from Design Review in accordance with EMC Section 23.08.03OB7. The project
meets the criteria of the exemption.
Local Coastal Program Consistency
The project site is located in the Coastal Zone and requires a Coastal Development Permit. The
project complies with the Local Coastal Program, including all goals and policies of the General
Plan and all RS-1 1 Zone development standards.
PUBLIC NOTICE AND PARTICIPATION
Citizen Participation Program
EMC Section 23.060.020B (Applicability) exempts, when in compliance with all other City
ordinances and regulations, the construction of one single-family detached dwelling, not within
the Coastal Appeal Zone, provided that no discretionary permit or administrative review is
required other than a coastal development permit.
Public Notice
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DocuSign Envelope ID: 86E29233-3lE2-4A82-81CC-6EF885A84Dl9
ITEm NAME: El Portal Beach Residence (Lot 44)
PROJECT NUMBER: CDP-004804-2021
June 19, 2023
The Notice of Pending Action on the Coastal Development Permit was mailed on May 4, 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 EMC Sections 30.01.070 and 30.80.080, as
applicable. Additionally, as a courtesy, the notice was posted at City Hall and on the Development
Services Department's Internet site under "Public Notices."
On May 12, 2023, staff received comments for this CDP application regarding the proposed alley
improvements and blocking of the alley way as this is an access easement. Staff responded and
stated that during construction the alley should not be blocked, if work is proposed within the
public right-of-way a right-of-way permit will need to be applied for through the City's Engineering
Department.
On May 15, 2023, staff received a comment expressing concerns about land excavation for the
basement and if there are any protections against land failures or any other problems such as
water surges from plumbing. Staff responded with the grading permit (LDEV-021438-2022) that
is being concurrently processed. To reduce any impacts onto neighboring properties the applicant
is proposing temporary shoring. Any further questions about the grading permit shall be directed
to Engineering and during construction if there are any issues, contact the project inspector.
On May 17, 2023, staff received a comment expressing concerns about the basement, building
height, impervious area requirements, vehicular movement in the alley, lighting regulations, and
who should be contacted during construction. City staff responded that the basement is fully under
grade, the proposed building height and impervious area meet code requirements, the garage
and driveways are being proposed to be accessed off the alley, the City of Encinitas does not
have a dark sky ordinance and only Olivenhain, and to contact the building and engineering
inspectors during construction.
ENVIRONMENTAL CONSIDERATIONS
The project has been determined to be exempt from environmental review pursuant to California
Environmental Quality Act (CEQA) Guidelines Sections 15301(l)(2) and 15303(a). Section
15301(l)(2) exempts from environmental review the demolition of a duplex, and Section 15303(a)
exempts from environmental review the construction of one -single family residence. The project
meets the criteria of the CEQA Guidelines section. No historic resources are affected by the
change of use with the project. None of the exceptions in Section 15300.2 exists.
DISCUSSION
The applicant is proposing a residence that is consistent with the design variety of the surrounding
neighborhood. Public improvements and utility services are available to serve the site. The project
complies with all applicable policies of the General Plan, Local Coastal Program, and provisions
of the municipal code including development standards for the RS-1 1 Zone. The project will 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:
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DocuSign Envelope ID: 86E29233-3lE2-4A82-81CC-6EF885A84Dl9
Findings for Coastal Development Permit
1. The project is consistent with the certified
Local Coastal Program of the City of
Encinitas; and
2. The proposed development conforms with
Public Resources Code Section 21000 and
following (CEQA) in that there are no
feasible mitigation measures or feasible
alternatives available which would
substantially lessen any significant
adverse impact that the activity may have
on the environment; and
3. For projects involving development
between the sea or other body of water and
the nearest public road, approval shall
include a specific finding that such
development is in conformity with the
public access and public recreation
policies of Section 30200 et. seq. of the
Coastal Act.
CONCLUSION
ITEm NAME: El Portal Beach Residence (Lot 44)
PROJECT NUMBER: CDP-004804-2021
June 19, 2023
Explanation of Finding
The proposed demolition of the existing
duplex and construction of a single-family
residence complies with all Encinitas
Municipal Code development standards of the
RS-1 1 Zone. The project is also consistent
with the applicable goals and policies of the
City's General Plan and is therefore consistent
with the certified Local Coastal Program
comprised of the General Plan and the
Municipal Code.
Developed properties surround the project
site. There are no environmental issues
associated with the project. The project would
not have a harmful effect on environmental
quality or natural resources. No potentially
significant adverse impacts to the environment
would result from the project and the project is
exempt from environmental review pursuant to
CEQA Guidelines Sections 15301(l)(2) and
15303(a).
This finding is not applicable because the
property is not located between the sea and
the nearest public road.
The applicant is requesting a Coastal Development Permit (CDP) for the demolition of an existing
duplex and accessory structures, construction of a new single-family residence with a basement,
and site improvements. The residence complies with all development standards of the RS-1 1
Zone. The Development Services Department has determined the Coastal Development Permit
application to be consistent with all applicable policies of the General Plan, Local Coastal
Program, and provisions of the Municipal Code. Therefore, the project is approved based upon
the aforementioned findings and subject to the following conditions of approval.
CONDITIONS OF APPROVAL
SPECIFIC CONDITIONS:
SCA The following specific conditions shall be completed and/or fulfilled to the satisfaction of
the Development Services Department - Engineering:
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DocuSign Envelope ID: 86E29233-3lE2-4A82-81CC-6EF885A84Dl9
ITEm NAME: El Portal Beach Residence (Lot 44)
PROJECT NUMBER: CDP-004804-2021
June 19, 2023
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.
2. The applicant shall pay all applicable mitigation and impact fees including but not
limited to Traffic Mitigation fees and Wastewater Capacity fees. These impact fees
shall be paid in full prior to issuance of building permit.
3. All existing bricks shall be removed within City right-of-way. The parkway shall be
leveled with native soil after the bricks are permanently removed.
4. The driveway transition for lot, APN 256-293-01-00 shall transition to the satisfaction
of the City Engineer and/or City Engineering Inspector.
5. The applicant shall cap the existing, abandoned sewer lateral at sewer main per City
standards and/or San Diego Regional Standard Drawings.
6. A signed and stamped letter from a licensed Geotechnical Engineer is required
confirming the proposed work will not compromise the adjacent structures and
improvements located within 385 La Mesa Avenue, APN 256-293-36-00. All
Geotechnical recommendations shall be closely adhered to by the developer and
contractors.
7. The cross -gutter at El Portal Street and La Mesa Avenue shall be replaced to the
nearest joints.
SCB The following specific conditions shall be completed and/or fulfilled to the satisfaction of
the Development Services Department — Planning:
1. The design of this home shall remain different from the surrounding homes per the
custom home design review exemption Section EMC 23.080.B.7 to the satisfaction of
the Development Services Department as there are two custom homes proposed
directly adjacent to each other.
2. 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. e) May be rented, but only with a rental
agreement with terms greater than 30 days.
STANDARD CONDITIONS:
CONTACT THE DEVELOPMENT SERVICES DEPARTMENT REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITION(S):
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DocuSign Envelope ID: 86E29233-3lE2-4A82-81CC-6EF885A84Dl9
ITEm NAME: El Portal Beach Residence (Lot 44)
PROJECT NUMBER: CDP-004804-2021
June 19, 2023
A01 Approval — General: At any time after two years from the date of this approval,
on June 19, 2023 at 5 p.m., or the expiration date of any extension granted in
accordance with the Municipal Code, the application shall be deemed expired as
of the above date.
A 02 Approval — General: This approval may be appealed to the City Council within
10 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 consisting of seventeen sheets including Title
Sheet (AO -I), Notes (C-1), Preliminary Grading Plans (C-2), Sections (C-3),
Architectural Site Plan (AI-1), Area/Coverage/Slope Diagrams (Al-2), Basement
Floor Plan (A2-1), First Floor Plan (A2-2), Second Floor Plan (A2-3), Roof Plan
(A2-4), First Floor RCP/Lighting Plan (A2-5), Second Floor RCP/Lighting Plan (A2-
6), Exterior Elevation — North (A3-1), Exterior Elevation — South (A3-2), Exterior
Elevations — West and East, SFR (A3-3), Exterior Elevations — West and East,
ADU (A3-4), Materials (M) all designated as approved by the Development
Services Director on June 19, 2023, 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.
CT/SO 01 Construction Trailers/Sales Office: Any and all temporary construction trailers
or sales offices, used during the course of development, shall be removed prior to
the issuance of Certificate of Occupancy to the satisfaction of the Development
Services Department.
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
collectionl
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DocuSign Envelope ID: 86E29233-3lE2-4A82-81CC-6EF885A84Dl9
ITEm NAME: El Portal Beach Residence (Lot 44)
PROJECT NUMBER: CDP-004804-2021
June 19, 2023
Fire mitigation fee
Fire Prevention
Prior to occupancy
release
Fire cost recovery
Fire Prevention
Prior to building/fire
fee
permit issuance
Flood control
Engineering Division
With grading permit
mitigation fee
issuance/or prior to
final building permit
issuance
Inclusionary housing
Planning Division
Prior to final map
in -lieu fee
recordation or prior to
building permit
issuance
Parkland acquisition
Planning Division
Prior to building permit
fee
issuance
Parkland
Planning Division
Prior to building permit
development fee
issuance
Plan check fee
Building, Engineering,
At plan check
Fire Prevention and
submittal
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
Engineering Division
Prior to permit
fee
issuance
I 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 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.
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DocuSign Envelope ID: 86E29233-3lE2-4A82-81CC-6EF885A84Dl9
ITEm NAME: El Portal Beach Residence (Lot 44)
PROJECT NUMBER: CDP-004804-2021
June 19, 2023
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 CO or occupancy.
HC 01 Height Certification: Prior to issuing a final inspection on framing, the applicant
shall provide a survey from a licensed surveyor or a registered civil engineer
verifying that the building height is in compliance with the approved plans. The
height certification/survey shall be supplemented with a copy of the site plan and
elevations depicting the exact point(s) of certification to the satisfaction of the
Development Services Director. The engineer/surveyor shall contact the
Development Services Department to identify and finalize the exact point(s) to be
certified prior to conducting the survey.
101 Indemnification: To the maximum extent permitted by law, the Owner(s) shall
waive any claims of liability against the City, and shall indemnify, hold harmless
and defend the City of Encinitas, and its agents, officers and employees from and
against any and all actions, claims, damages, liabilities and/or proceedings arising
from: (i) the City's approval of any and all entitlements or permits relating to the
project; (ii) any injury to or death of any person, or damage or injury of any kind to
property which may arise from or be related to the direct or indirect operations of
the Owner(s) or its contractors, subcontractors, agents, employees, or other
persons acting on the Owner(s)'s behalf relating to the project; and (iii) the
operation of the project.
The Owner(s) agree to execute an indemnity agreement provided by the City prior
to Grading Permit issuance and the Development Services Director, or designee,
is hereby authorized to execute the same. The Owner(s) further agree that such
indemnification and hold harmless shall include all defense related fees and costs
associated with the defense of the City by counsel approved by the City. This
indemnification shall not terminate upon expiration of the conditions of approval or
completion of the project, but shall survive in perpetuity.
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DocuSign Envelope ID: 86E29233-3lE2-4A82-81CC-6EF885A84Dl9
ITEm NAME: El Portal Beach Residence (Lot 44)
PROJECT NUMBER: CDP-004804-2021
June 19, 2023
PO4 Parking/Parking Lots/Garages: Garages enclosing required parking spaces
shall be available and usable for the parking of owner/tenant vehicles at all times,
and not be rented or conveyed separately from the appurtenant dwelling unit
without City approval.
UTILITY 01 Utility Connections: All utility connections shall be designed to coordinate with
the architectural elements of the site so as not to be exposed except where
necessary. Locations of pad mounted transformers, meter boxes, and other utility
related items shall be included in the site plan submitted with the Building Permit
application with an appropriate screening treatment. Transformers, terminal
boxes, meter cabinets, pedestals, ducts, and other facilities may be placed above
ground provided they are screened with landscaping.
UTILITY 02 Utility Connections: Building plans for all new residential units shall include
installation of wiring for current or conduits for future installation of photovoltaic
energy generation system(s) and an electric vehicle charging station.
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 andlor 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.
BUILDING CONDITION:
CONTACT THE ENCINITAS DEVELOPMENT SERVICES DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
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.
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DocuSign Envelope ID: 86E29233-3lE2-4A82-81CC-6EF885A84Dl9
ITEm NAME: El Portal Beach Residence (Lot 44)
PROJECT NUMBER: CDP-004804-2021
June 19, 2023
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 -inches high with a half -inch
stroke width for residential buildings, eight -inches high with a half -inch stroke for
commercial and multi -family residential buildings, 12-inches high with a one -inch
stroke for industrial buildings. Additional numbers shall be required where deemed
necessary by the Fire Marshal, such as rear access doors, building corners, and
entrances to commercial centers.
FIRE 05 Construction — Class "A" Roof: 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. 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 250-lb 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.
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.
SAN DIEGUITO WATER DISTRICT CONDITIONS:
CONTACT THE SAN DIEGUITO WATER DISTRICT (SDWD) 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. Upon
development, each parcel shall be individually metered. The owner may apply
capacity credits toward the installation of a new water meter. The owner shall
provide SDWD with a written statement indicating which lot will receive
capacity credits.
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DocuSign Envelope ID: 86E29233-3lE2-4A82-81CC-6EF885A84Dl9
ITEm NAME: El Portal Beach Residence (Lot 44)
PROJECT NUMBER: CDP-004804-2021
June 19, 2023
SDWD WS 02 Water System — Fees/Charges: The developer shall comply with SDWD's
fees, charges, rules and regulations.
SDWD WS 04 Water System — Grad ing/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 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.
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 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
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DocuSign Envelope ID: 86E29233-3lE2-4A82-81CC-6EF885A84Dl9
ITEm NAME: El Portal Beach Residence (Lot 44)
PROJECT NUMBER: CDP-004804-2021
June 19, 2023
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.
GRD 13 Grading — Structural Review: All proposed temporary shoring and/or non-standard
structural retaining wall shall be included as part of the grading plans and will be
reviewed by the City's third -party reviewer. Additional plan check fees shall be
required.
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
system. The City of Encinitas Stormwater Standards Manual shall be employed
to determine appropriate stormwater pollution control practices during
construction.
DRAIN 02 Drainage — Drainage System: A drainage system capable of handling and
disposing of all surface water originating within the project site, and all surface
waters that may flow onto the project site from adjacent lands, shall be required.
Said drainage system shall include any easements and structures required by the
Development Services Department to properly handle the drainage.
DRAIN 03 Drainage — Flood Control Fee: Pursuant to Municipal Code Chapter 23.96, the
applicant shall pay the current adopted Flood Control Fee for the creation of new
impervious surfaces prior to issuance of the building or grading permit for this
project to the satisfaction of the Development Services Department.
DRAIN 04 Drainage — Hold Harmless: The owner of the subject property shall execute and
record a covenant holding the City harmless for drainage prior to approval of any
grading or building permit for this project.
DRAIN 05 Drainage — Concentrated Flows: Concentrated flows across driveways and/or
sidewalks shall not be permitted.
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DocuSign Envelope ID: 86E29233-3lE2-4A82-81CC-6EF885A84Dl9
ITEm NAME: El Portal Beach Residence (Lot 44)
PROJECT NUMBER: CDP-004804-2021
June 19, 2023
DRAIN 06 Drainage — Flow Rate: The drainage system shall be designed to ensure that
runoff resulting from a 100-year frequency storm underdeveloped conditions is
equal to or less than the runoff from a storm of the same frequency and duration
under existing conditions. Both 6 hour and 24-hour storm durations shall be
analyzed to determine the mitigation necessary to accomplish the desired results.
Street Conditions
ST 01 Street — Right -of -Way Permit: Prior to any work being performed in the public
right-of-way or City easement, a right-of-way construction permit shall be obtained
from the Development Services Department and appropriate fees paid, in addition
to any other permits required.
ST 02 Street — Encroachment Agreement: Private improvements constructed within
the present or future public right-of-way shall be considered temporary. The owner
shall enter into an Encroachment Maintenance and Removal covenant agreeing
to maintain the improvements in perpetuity and to remove those improvements at
the direction of the City.
ST 13 Street — Improvements Standard: The owner shall construct public
improvements along the property frontage of El Portal Street and La Mesa Avenue,
improvements shall include construction of standard curb, gutter and non-
contiguous sidewalk along the entire property frontage per SDRSD. Grind and
overlay two inches (2") along the entire property frontage. Any required transitions
shall be located outside of the property frontage.
ST 16 Street — Improvement Alley: The existing alley shall be improved to public
standards with full width asphalt paving and a 3 feet wide concrete ribbon gutter
down the center along the entire property frontage per SDRSD and City of
Encinitas standards. The alley shall be sloped to the center of the gutter. Construct
alley apron per SDRSD G-1 7. Replace any/all monolithic sidewalk panels removed
during construction of SDRSD G-17. Replace the sidewalk panels per SDRSD G-
7 to the nearest joints.
ST 20 Street — Pedestrian Ramp: Standard ADA compliant pedestrian curb ramps shall
be required at the curb returns for the public road located at the intersection of El
Portal Street and La Mesa Avenue. Replace the pedestrian ramp located adjacent
to the northeast corner of the property near the proposed SDRSD G-1 7 per current
ADA standards. A public pedestrian easement will be required for any portion of
the curb ramp within private property.
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 23 Street — Improvement Plans: All required public improvements shall be designed
on a Public Improvement Plan approved by the City and permitted with a Public
Improvement Permit should the City Engineer or Principal Engineer require it.
Adequate financial surety shall be posted prior to issuance of a Public
Improvement Permit.
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DocuSign Envelope ID: 86E29233-3lE2-4A82-81CC-6EF885A84Dl9
ITEm NAME: El Portal Beach Residence (Lot 44)
PROJECT NUMBER: CDP-004804-2021
June 19, 2023
ST 25 Street — Public Improvement Repairs: Any portion of the existing sidewalk or
any other public improvements damaged during construction shall be repaired
and/or replaced to the next joint to the satisfaction of the Development Services
Department.
ST 26 Street — Public Facility Protection: All street signs, lights, lamps, utilities, etc.
located within the public right-of-way shall be protected in -place during
construction or replaced to the satisfaction of the Development Services
Department.
ST 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.
Utilities Conditions
UT 01 Utility — Regulations/Coord i nation: 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 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 13 Utility — Separate Laterals: Separate sewer laterals shall be provided for each SFR
within the development. The proposed ADU shall connect to the onsite sewer lateral
for the SFR. The ADUs shall not have sewer laterals directly connected to the public
sewer main.
UT 16 Utility — Existing & Proposed Facilities: The location of all utility facilities such
as backflow preventers, transformers, etc. shall be plotted and adequate screening
17 of 19
DocuSign Envelope ID: 86E29233-3lE2-4A82-81CC-6EF885A84Dl9
ITEm NAME: El Portal Beach Residence (Lot 44)
PROJECT NUMBER: CDP-004804-2021
June 19, 2023
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 03 Stormwater — Post Construction BMP Required: The applicant shall provide
permanent post construction stormwater quality treatment BMP facilities to collect
and treat all runoff generated by all new and/or removed and replaced impervious
surfaces prior to discharge from the subject site. A note shall be placed on the
plans indicating that the BMPs are to be privately maintained and the facilities not
modified or removed without a permit from the City.
STORM 09 Stormwater — BMP Special Inspection: Special inspection of the BMP facilities
by a licensed civil engineer in the State of California is required during construction.
Prior to obtaining building occupancy an inspection report shall be submitted along
with the Engineer's Certification of Final Grading and Request for Field Clearance
for Occupancy form to the Development Services Department verifying the size
and depth of the excavation, gravel and engineered soil depth and material, storm
drain pipe, overflow, and overall function of the facilities per the approved grading
plan. The inspection report shall include any pertinent information including
material receipts, survey data, inspection dates, etc. in order to detail the
construction of the drainage facility.
STORM 11 Stormwater — Securities: Stormwater Quality Best Management Practice (BMP)
facilities shall be designed and approved by the Development Services
Department and secured with a performance bond prior to the issuance of a
Grading permit for this project.
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 BMPs are to be privately maintained and
the facilities not modified or removed without a permit from the City.
STORM 13 Stormwater — Trash Enclosures: All existing and proposed trash enclosures
shall be fitted to comply with Stormwater Best Management Practice requirements.
The trash enclosures shall have an impervious, non-combustible roof that will not
allow rainwater to enter the enclosure. The enclosure shall be lockable and locked
when not in use. A wide berm shall be installed at all openings to hold in any
liquids that escape from the dumpster and to prevent any flow of stormwater
through the trash enclosure area. The berm can be designed wide and flat to allow
rolling of the dumpster in and out. The enclosure shall be self-contained and may
18 of 19
DocuSign Envelope ID: 86E29233-3lE2-4A82-81CC-6EF885A84Dl9
ITEm NAME: El Portal Beach Residence (Lot 44)
PROJECT NUMBER: CDP-004804-2021
June 19, 2023
drain into the public sanitary sewer system if feasible. A separate building permit
may be required for this structure.
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 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 within 10 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 1 oth calendar da 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. 1 2.020(D)(1) until such time as an action is
taken on the appeal. The action of the Development Services Department may no be
appealed to the Coastal Commission.
SIGNATURE
EDocuSigned by:
g V,�" "kA4 for
C88BFF2EEA10462
Katie Innes
Planning Manager
19 of 19
Certificate Of Completion
Envelope Id: 86E292333lE24A8281CC6EF885A84D19
Subject: Complete with DocuSign: 004804-2021 CDP (223 and 225 El Portal- Lot 44) 2023-39.docx
Source Envelope:
Document Pages: 19 Signatures: 1
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Status: Original
6/19/2023 10:22:46 AM
Signer Events
Andrew Maynard
amaynard@encinitasca.gov
Associate Planner
City of Encinitas
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Holder: Brayden Davis
bdavis@encinitasca.gov
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C88BFF2EEA10462
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Status: Completed
Envelope Originator:
Brayden Davis
505 S Vulcan Ave
Encinitas, CA 92024
bdavisCo)encinitasca.gov
IP Address: 70.183.94.130
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Timestamp
Sent: 6/19/2023 10:23:40 AM
Viewed: 6/19/2023 10:28:19 AM
Signed: 6/19/2023 10:28:29 AM
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