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2023-21 (EG) Page 1 of 12 RESOLUTION NO. PC 2023-21 A RESOLUTION OF THE CITY OF ENCINITAS PLANNING COMMISSION APPROVING A COASTAL DEVELOPMENT PERMIT FOR THE DEMOLITION OF A FIRE-DESTROYED DUPLEX RESIDENTIAL STRUCTURE AND SURFACE LEVEL CLEAN-UP OF AN EXISTING BLUFFTOP PROPERTY LOCATED AT 1478 AND 1480 NEPTUNE AVENUE (CASE NO. CDP-005992-2023; APN 254-040-26) WHEREAS, Diane Langager on behalf of Chad Robley, Mindgruve LLC, submitted an application for the demolition of a fire-destroyed duplex residential structure and surface level clean-up of an existing blufftop property located at 14780 and1480 Neptune Avenue, legally described in Exhibit A; WHEREAS, the Planning Commission conducted a duly noticed public hearing on October 5, 2023; and WHEREAS, the public and the applicant were provided an opportunity to provide testimony and evidence for and against the project. NOW, THEREFORE, BE IT RESOLVED that the Encinitas Planning Commission hereby APPROVES Case No. CDP-005992-2023 based on the following Environmental Determination and Findings: Section 1. California Environmental Quality Act Determination It has been determined that the project is exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15301(l)(2) (Class 1 – Existing Facilities) which exempts the demolition of a duplex. The proposed demolition meets this exemption. The project does not qualify as one of the exceptions prescribed under Section 15300.2 of the CEQA Guidelines and no historic resources are affected by the proposed project. Section 2. Discretionary Action(s) Findings Based on the findings for a Coastal Development Permit per Encinitas Municipal Code Section 30.80.090 and the aforementioned analysis, Planning Commission has made the following findings to support the approval, with conditions: Finding for Coastal Development Permit Explanation of Finding 1. The proposed project is consistent with the certified Local Coastal Program of the City of Encinitas. The project site is located within the R-11 Zone and within the Appeal Jurisdiction of the California Coastal Commission. The project proposes the demolition of a fire-destroyed duplex residential structure and surface level clean-up of an existing blufftop property. No new buildings or structures are proposed with this project. The project, as proposed, complies with all applicable requirements of the Municipal Code, and all applicable General Plan policies. Therefore, the project is consistent with the Local Coastal Program of DocuSign Envelope ID: A1367A9B-3C73-4AB8-B9EF-1E5B859A9637 Page 2 of 12 Finding for Coastal Development Permit Explanation of Finding the City of Encinitas. 2. The proposed project is consistent with the certified Local Coastal Program of the City of Encinitas. The proposed development conforms with Public Resources Code Section 21000 et al. (CEQA) and 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. 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. The project is exempt from environmental review pursuant to CEQA Guidelines Section 15301(l)(2). 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. Public access is not available or feasible on the site because it is a steep private bluff top property located on the west side of Neptune Avenue. In accordance with Section 30212 of the Coastal Act, public beach and shore access and recreational opportunities already exist and both are available approximately a quarter-mile north and south of the project site at Grandview Beach and Beacon’s Beach respectively. The above environmental determination and findings are supported by the minutes, maps, and exhibits, all of which are herein incorporated by reference. BE IT FURTHER RESOLVED that based on the Environmental Determination and Findings hereinbefore adopted by the Planning Commission, Case No. CDP-005992-2023 is hereby subject to the conditions in Exhibit B. PASSED AND ADOPTED this 5th day of October 2023, by the following vote, to wit: AYES: Dalton, Doyle, Prendergast, Ryan, Sherod NOES: None ABSTAIN: None ABSENT: None ________________________ Kevin Doyle, Chair ATTEST: _________________________ Anna Colamussi Secretary NOTE: This action is subject to Chapter 1.04 of the Municipal Code, which specifies time limits for legal challenges. DocuSign Envelope ID: A1367A9B-3C73-4AB8-B9EF-1E5B859A9637 Page 3 of 12 EXHIBIT "A" RESOLUTION NO. PC-2023-21 LEGAL DESCRIPTION Real property in the City of Encinitas, County of San Diego, State of California, described as follows: THAT PORTION OF LOT 2 IN THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED APRIL 19, 1881, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF NEPTUNE AVENUE, AS SAID AVENUE IS SHOWN ON MAP NO. 2078 OF SOUTH COAST PARK NO. 5, FILED NOVEMBER 21, 1927 IN THE OFFICE OF THE COUNTY RECORDER, DISTANT THEREON NORTH 19°26'45" WEST 69.67 FEET TO THE SOUTHWEST CORNER OF SAID SOUTH COAST PARK NO. 5, SAID POINT OF BEGINNING BEING FURTHER IDENTIFIED AS THE MOST NORTHERLY CORNER OF LAND DESCRIBED IN DEED TO EMIL FERIR, ET UX, DATED MAY 21, 1929, RECORDED MAY 22, 1929 IN BOOK 1629, PAGE 356 OF DEEDS, RECORDS OF SAID COUNTY; THENCE SOUTH 70°33'15" WEST 185.84 FEET ALONG THE NORTHERLY LINE OF SAID FERIR LAND AND ALONG THE NORTHERLY LINE OF LAND DESCRIBED IN DEED TO SAID FERIR, DATED FEBRUARY 19, 1930, RECORDED FEBRUARY 26, 1930 IN BOOK 1731, PAGE 354 OF DEEDS, TO A POINT ON THE EASTERLY LINE OF LAND DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, DATED JANUARY 10, 1930 AND RECORDED IN BOOK 1731, PAGE 254 OF DEEDS, RECORDS OF SAID COUNTY; THENCE NORTH 18°44'15" WEST ALONG SAID EASTERLY LINE, 125.00 FEET TO THE MOST SOUTHERLY CORNER OF LAND DESCRIBED IN DEED TO ESTHER C. COLLINS, DATED SEPTEMBER 21, 1936, RECORDED OCTOBER 19, 1936 IN BOOK 573, PAGE 382 OF OFFICIAL RECORDS, RECORDS OF SAID COUNTY; THENCE NORTH 70°33'15" EAST 184.29 FEET ALONG THE SOUTHERLY LINE OF SAID COLLINS LAND TO A POINT ON THE WESTERLY LINE OF SAID NEPTUNE AVENUE; THENCE SOUTH 19°26'45" EAST 125.00 FEET ALONG SAID WESTERLY LINE TO THE POINT OF BEGINNING, AS PER RECORDS OF SURVEY MAP NO. 1116, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 24, 1944. EXCEPTING THEREFROM THE SOUTHEASTERLY 75 FEET OF SAID PROPERTY ALSO EXCEPTING THEREFROM THAT PORTION, IF ANY, HERETOFORE OR NOW LYING BELOW THE ORDINARY HIGH TIDE LINE OF THE PACIFIC OCEAN THE SOUTHERLY 7 FEET OF THE EASTERLY 70 FEET OF THE FOLLOWING DESCRIBED LAND: ALL THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WESTERLY LINE OF NEPTUNE AVENUE AND THE WESTERLY PROLONGATION OF THE NORTHERLY LINE OF PHOEBE STREET, SAID POINT BEING THE SOUTHWESTERLY CORNER OF SOUTH COAST PARK NO. 4, AS DocuSign Envelope ID: A1367A9B-3C73-4AB8-B9EF-1E5B859A9637 Page 4 of 12 SHOWN ON MAP THEREOF NO. 2049; THENCE ALONG SAID WESTERLY LINE OF NEPTUNE AVENUE TO THE FOLLOWING COURSES AND DISTANCES: NORTH 19°26'45" WEST, A DISTANCE OF 1276.57 FEET (RECORD 1276.43 FEET) NORTH 28°09'40" WEST, A DISTANCE OF 132.20 FEET (RECORD 141.72 FEET) NORTH 19°26'40" WEST (RECORD NORTH 19°26'45" WEST) A DISTANCE OF 203.48 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 70°37'45" WEST, A DISTANCE OF 186.18 FEET TO A POINT ON THE EASTERLY LINE OF THAT TRACT OF LAND AS CONVEYED BY THE SOUTH COAST LAND COMPANY TO THE COUNTY OF SAN DIEGO, BY DEED DATED JANUARY 10, 1930 AND RECORDED IN BOOK 1731, PAGE 254 OF DEEDS; THENCE ALONG THE SAID EASTERLY LINE OF COUNTY LAND, NORTH 18°44'15" WEST, A DISTANCE OF 50.00 FEET; THENCE NORTH 70°37'45" EAST, A DISTANCE OF 185.62 FEET TO A POINT ON THE SAID WESTERLY LINE OF NEPTUNE AVENUE; THENCE ALONG THE SAID WESTERLY LINE OF NEPTUNE AVENUE, SOUTH 19°26'40" EAST (RECORD SOUTH 19°26'45" EAST), A DISTANCE OF 50.0 FEET TO THE TRUE POINT OF BEGINNING. APN: 254-040-26-00 DocuSign Envelope ID: A1367A9B-3C73-4AB8-B9EF-1E5B859A9637 Page 5 of 12 EXHIBIT "B" RESOLUTION NO. PC-2023-21 Case No. CDP-005992-2023 CONDITIONS OF APPROVAL Applicant: Diane Langager on behalf of Chad Robley, Mindgruve Ventures LLC Location: 1478 and 1480 Neptune Avenue (APN 254-040-26) SPECIFIC CONDITIONS: SCA The following conditions shall be completed and/or fulfilled to the satisfaction of the Development Services Department: 1. As part of the demolition and recognizing that the surf room/storage room is part of the foundation, only the superstructure of the surf room/storage room shall be removed. Prior to the issuance of the demolition permit, all drainage and related safety concerns shall be addressed with the removal of the superstructure to the satisfaction of the Development Services Department. 2. All drainage shall drain to the public storm drain and not over the coastal bluff to the maximum extent practical. 3. The property owner shall submit a building permit application to authorize demolition of the fire-destroyed structure and surface clean-up of the property within 30 calendar days of the final approval including conclusion of all appeal periods. Failure to apply for a building permit application shall be a violation of this Coastal Development Permit (CDP). 4. Upon building permit approval, the property owner shall initiate work pursuant to the building permit within 60 calendar days of the building permit issuance. Failure to initiate work of the building permit application shall be a violation of this CDP. 5. At all times, the property shall be effectively secured from public access, including but not limited to enclosing the property with construction fencing, and all access points to and from, including but not limited to the beach and Neptune Avenue shall be limited to authorized construction personnel/staff only. SCB The following Engineering-related condition shall be completed/fulfilled to the satisfaction of the Development Services Department: 1. ESP – Demolition: The applicant shall submit a Demolition Plan for review and obtain a Demolition Permit prior to the commencement of any work. The Demolition Plan shall include, but not be limited to, the proposed demolition to occur and an approved erosion control plan. The proposed demolition shall be as described in the scope of work of the architectural plan set for CDP-005992-2023, prepared by DZN Partners, dated 7/31/2023. Additionally, no grading, clearing or grubbing shall be permitted and any ground disturbance and work beyond what is described may DocuSign Envelope ID: A1367A9B-3C73-4AB8-B9EF-1E5B859A9637 Page 6 of 12 require additional permits. A cost estimate and cash securities must be provided for the approved erosion control plan prior to issuance of a Demolition Permit. 2. ESP – Survey Monuments: Existing survey monuments 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. STANDARD CONDITIONS: CONTACT THE DEVELOPMENT SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): A 01 Approval - General: At any time after two years from the date of this approval, on October 5, 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 03 Approval - General: This project is located within the California Coastal Commission’s Appeal Jurisdiction of the Coastal Zone and may be appealed to the California Coastal Commission pursuant to Coastal Act Section 30603 and Chapter 30.04 of the City of Encinitas Municipal Code. An appeal of the City’s decision must be filed with the Coastal Commission within 10 working days following the Coastal Commission’s receipt of the Notice of Final Action. Applicants will be notified by the Coastal Commission as to the date the Commission's appeal period will conclude. Appeals must be in writing to the Coastal Commission, San Diego Coast District office. A 04 Approval - General: This project is conditionally approved as set forth on the application and project drawings received by the City on dated September 8, 2022 consisting of 11 sheets including the Pollution Prevention Plan (Two sheets), Site Plan of Fire-Destroyed Structure (Sheet A0.0), Average Lot Slope (Sheet A0.1) Symbology (Sheet A0.2), Floor Plans (Sheets A1.0 through A1.3, and Elevations (Sheets a2.0 and a2.1), and all technical studies and application material, all designated as approved by the Planning Commission on October 5, 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. DocuSign Envelope ID: A1367A9B-3C73-4AB8-B9EF-1E5B859A9637 Page 7 of 12 BD 01 Bluff-top Development: Owner(s) shall enter into and record a covenant satisfactory to the City Attorney waiving any claims of liability against the City and agreeing to indemnify and hold harmless the City and City's employees relative to the approved project. This covenant is applicable to any bluff failure and erosion resulting from the development project. BD 02 Bluff-top Development: The owner shall participate in and comply with any comprehensive plan adopted by the City to address coastal bluff recession and shoreline erosion problems in the City. This condition shall apply to future owners, encumbrances, successors, heirs, personal representatives, transferees and assigns of the respective parties. BD 03 Bluff-top Development: The property owner/applicant shall execute and record a covenant to the satisfaction of the Development Services Department setting forth the terms and conditions of t his approval prior to the issuance of Building Permits. Said covenant shall also provide that the property owner shall be responsible for maintaining the approved structure(s) in good visual and structural condition in a manner satisfactory to the Development Services Director. BD 04 Bluff-top Development: An “as-built geotechnical report” shall be submitted to the Development Services Department, for review and acceptance, prior to approval of the foundation inspection. The report shall outline all field test locations and results, and observations performed by the consultant during construction of the proposed structure(s), and especially relative to the depths and actual location of the foundations. The report shall also verify that the recommendations contained in the Geotechnical Investigation Report, prepared and submitted in conjunction with the application, have been properly implemented and completed. BD 05 Bluff-top Development: An “as-built geotechnical report”, reviewed and signed by both the soils/geotechnical engineer and the project engineering geologist, shall be completed and submitted to the City within 15 working days after completion of the project. The project shall not be considered complete (and thereby approved for use or occupancy) until the as-built report is received and the content of the report is found acceptable by 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 the final Certificate of Occupancy to the satisfaction of the Development Services Department. COV 01 Prior to Building Permit issuance/Grading Permit issuance, the owner shall cause a covenant regarding real property to be recorded. Said covenant shall set forth the terms and conditions of this grant of approval and shall be of a form and content satisfactory to the Development Services Director. DocuSign Envelope ID: A1367A9B-3C73-4AB8-B9EF-1E5B859A9637 Page 8 of 12 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/Divisio n Timing for fee collection1 Fire mitigation fee Fire Prevention Prior to building permit issuance Fire cost recovery fee Fire Prevention Prior to building/fire permit issuance Flood control mitigation fee Engineering Division With grading permit issuance/or prior to final building permit issuance Inclusionary housing in-lieu fee Planning Division Prior to final map recordation or prior to building permit issuance Parkland acquisition fee Planning Division Prior to building permit issuance Parkland development fee Planning Division Prior to building permit issuance Plan check fee Building, Engineering, Fire Prevention and Planning Divisions At plan check submittal Permit fee Building Division and Engineering Division At permit issuance School fees Building Division Prior to building permit issuance Traffic mitigation fee Engineering Division Prior to building permit issuance DocuSign Envelope ID: A1367A9B-3C73-4AB8-B9EF-1E5B859A9637 Page 9 of 12 Water and sewer fee Engineering Division Prior to permit issuance 1 Initiating use in reliance on this approval may apply when no permits required. I 01 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) agrees 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 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. BUILDING CONDITION(S): CONTACT THE ENCINITAS BUILDING DIVISION REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): 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. DocuSign Envelope ID: A1367A9B-3C73-4AB8-B9EF-1E5B859A9637 Page 10 of 12 FIRE CONDITION(S): CONTACT THE ENCINITAS 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 24 Obstruction of Roadways During Construction: All roadways shall be a minimum of 24 feet in width during construction and maintained free and clear, including the parking of vehicles, in accordance with the California Fire Code and the Encinitas Fire Department. SAN DIEGUITO WATER DISTRICT CONDITION(S): CONTACT THE SAN DIEGUITO WATER DISTRICT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): 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 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. DocuSign Envelope ID: A1367A9B-3C73-4AB8-B9EF-1E5B859A9637 Page 11 of 12 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 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 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 system. The City of Encinitas Stormwater Standards Manual shall be employed to determine appropriate stormwater pollution control practices during construction. 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 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 DocuSign Envelope ID: A1367A9B-3C73-4AB8-B9EF-1E5B859A9637 Page 12 of 12 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 SDG&E, AT&T, Cox, SDWD, OMWD, LWD, and all other applicable utility companies. 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. DocuSign Envelope ID: A1367A9B-3C73-4AB8-B9EF-1E5B859A9637