2003-325431
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DOC # .003-0325431
. Recording Requested By And)
MAR 24. 2003 4:34 PM
.,' When Recorded Mail To: )
) IFFICIt4. RECIJmS
) SAN DIEGO ClJt{fV REŒRDER'S IFFICE
) IMIm{ J. SMITH, CIJt{fV REŒJ!DER
, ) FEES: 47.00
City Clerk )
City of Encinitas )
505 S. Vulcan Avenue )
~ Encinitas, CA 92024 ) SPACE ABOVE FOR RECORDER'S USE
~~ 1~ COVENAI'IT REGARDING REAL PRO~' .
\ TENTATIVE PARCEL MAP AND COASTAL DEVELOPMENT PERMIT
\, lfi' Assessor's Parcel. Case No.: 02-017 TPM/CDP
No. 254-252-02
A. Ben Leland ("OWNER" hereinafter) is the owner ofrea1 property which is conu;nonly
known as 1232 Hygeia Avenue ("PROPERTY" hereinafter) and which is described as follows:
THE NORTHERLY 80 FEET OF LOT 14, IN BLOCK 5 OF SOUTH COAST PARK, IN
THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO THE MAP THEREOF NO. 1776, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY,JANUARY 11, 1924.
B. In consideration of the approval of Case No. 02-017 TPM/CDP by the City of Encinitas
("CITY" hereinafter), OWNER hereby covenants and agrees for the benefit of CITY, to comply with
the terms and conditions of the pennit as follows:
See Attachment "A", Notice of Decision No. DCD 2002-73.
C. This Covenant shall run with the land and be binding upon and inure to the benefit of
the future owners, encumbrances, successors, heirs, personal representatives, transferees and assigns of
the respective parties.
D. OWNER agrees that OWNER'S duties and obligations under this Covenant are a lien
upon the PROPERTY. Upon notice and opportunity to respond, CITY may add to the property tax bill
of the PROPERTY any past due financial obligation owing to CITY by way of this Covenant.
SCANNED
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E. If either party is required to incur costs to enforce the provisions of this Covenant, the
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prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorneys'
fees, from the other party.
F. Failure of OWNER to comply with the tenns of this Covenant shall constitute consent
to the filing by CITY of a Notice of Violation of Covenant.
G. Upon OWNER'S satisfaction of OWNER'S duties and obligations contained herein,
OWNER may request and CITY shall execute a Satisfaction of Covenant.
H. By action of the City Council, CITY may assign to a person or persons impacted by the
performance of this Covenant, the right to enforce this Covenant against OWNER.
ACCEPTED AND AGREED:
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. OWNER:
~
Dated;? -cs- - ð ~ by ~ ~ '- ~
Ben Leland
(Notarization of OWNER'S signature is attached.)
CITY OF ENCINITAS:
~é?...~
Dated 3 -2(-03 by ...v...
v Bill Weedman
(Notarization not required) City Planner
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. . ~L-P~RP~SE ACKNOWLEDI:MENT .
Slate of California }ss.
County of _San Diego
On ;:z..-tø'3 before me, Neal GaOl
,
personally ap~r~d "', Llp'J? /e/¿¡,,¡ ,"",AOV,
SIGN"""
0 personally known to me - OR - .tt[ proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
f8 o~",,) signatures(s) on the instrument the person(s),
- NEAL GANZ or the entity upon behalf of which the
. NOTARYPUBUC-~ person(s) acted, executed the instrument.
COMM.NO.13CK1'oðt16 -
. l SAN DIEGO COUNTY J
MY COMM. EXP. JUly 14 3Ø
WITNESS my hand and official seal.
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OPTIONAL INFORMATION
The ¡nfonnation below is not required by law. However, it could prevent fraudulent attachment of this acknowl-
edgement to an unauthorized document.
CAPACm CLAIMED BY SIGNER (P~CIPAL) DESCRIPTION OF An-ACHED DOCUMENT
0 INDtVtDUAL
0 CORPORATEOFACER
TnLE OR TYPE OF DOCUMENT
11TI.f<S,
0 PARTNER(S)
0 ATJ'ORNEY-tN-FACf NUMBER OF PAGES
0 TRUSTEE(S)
0 GUARDIAN/CONSERVATOR
0 OTHER: DATE OF DOCUMENT
OTHER
SIGNER IS REPRESENTING: RIGHT THUMBPRINT D
HAME 01' PER"""S, "" ENTITY,..., OF
SIGNER
APA~ VAu.EV-SIERRA. 1IOI~:w.2.J.169
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City ofEncinitas
COMMUNITY DEVELOPMENT DEPARTMENT
505 So. Vulcan Ave.
Encinitas, CA 92024
(760) 633-2710
NOTICE OF DECISION
DCD 2002-73
July 29, 2002
This letter is to inform you that the Director of Community Development has approved your
application for: .
02-017 TPMlCDP (Leland) - A request for a Tentative Parcel Map and Coastal
Development Permit to subdivide a 0.41-acre lot into two parcels. The project site is located
at 1232 Hygeia Avenue in the R8 (Residential 8) zone and within the Coastal Zone. (APN:
254-252-02)
Project Description and Discussion: The subject property is currently developed with a single-
family residence, a detached shed, a detached garsge, and a pool. The property slopes down very
slightly from east to west The existing residence will remain on proposed Parcel 1. The detached
garage and shed 3J'e located on proposed Parcel 2 and will be required to be removed prior to
recordation of the final parcel map. A portion of the pool lies within the proposed access easement
along the southerly 16 feet of Parcel 1. The pool and the portion of the existing driveway west of
the existing residence will be removed prior to sale or development of Parcel 2.
The project consists of the subdivision of the subject 0.41-acre lot into two parcels. The existing
residence on proposed Parcell will comply with all applicable development atandards of the subject
RS zone after the proposed subdivision. Parcell will continue to use the existing driveway and will
have direct access to Hygeia Avenue. Access to Hygeia Avenue for proposed Parcel 2 will be
provided by an access easement along the southerly 16 feet of Parcel I. Parcel 2 provides ample
space for development in compliance with the development standards of the subject R8 zone.
Conceptual grading with a building pad elevation ofS5.0 feet is shown on the tentative parcel map.
The applicant has stated that the raised pad would be necessary for positive sewer flow to Hygeia
Avenue and has requested that the building pad elevation be recognized with this approval as the
point from which to measure the height of future construction. General Plan policies require
grading to be minimized and residential development to be adapted to existing terrain.
Additionally, in the opinion of the Engineering Services Department, the building pad need not be
raised to achieve positive sewer flow. Therefore, the grading shown on the approved tentative
parcel map is not recognized and is not a part of this approval. Future development shall be
constructed on grade to the maximum extent possible. Building height for future structures shall be
measured from the lower of the existing grade as shown on the tentative parcel map or the finished
grade, whichever is lower.
The subject RS zone requires a minimum lot area of 5,400 square feet and minimum lot dimensions
of 60 feet in width and 90 feet in depth. The proposed lot dimensions are consistent with required
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standards. The maximum residential density allowed for the subject R8 zone is 8.0 dwelling units
per net acre. Net acreage calculations indicate a maximum of two dwelling units could be allowed
on the subject property. The project proposes two residential lots, therefore, the project complies
with the. density requirements of the Municipal Code and General Plan. The applicant has
submitted service availability letters indicating that all required services are available for the project
site.
Pursuant to Municipal Code Chapter 23.06, the applicant implemented a Citizen Participation
Program (CPP). The applicant held an informal meeting at the project site on February 16, 2002
that several neighbors, the applicant, and the project engineer attended. According to the CPP final
report submitted by the project engineer, several concerns were raised by the neighbors in
attendance. Two neighbors expressed concern regarding the grsding as shown on the tentative
parcel map,. which would create a raised building pad. One of the two neighbors was also
concerned with a tree that had been historically on the property and what effects the root system has
had on soil stability. The other expressed additional concerns with the proposed drainage for the
project, which were echoed by another neighbor. The project engineer responded by indicating that
the soil stability issue would be addressed at the time of future construction on Parcel 2, that the
drainage for the project would be accepted by the drsinage system of the subdivision to the west,
and that water quality standards would require filtering of drainage waters prior to flow off the site.
A standard public notification was issued May 23, 2002 for the Tentative Parcel Map and Coastal
Development Permit, which allowed for a 20-day review and comment period. Several comments
were received in writing and in person from adjacent neighbors before and during the comment
period. Of concern to all was the proposed pad grade and the effects it may have on adjacent
properties, particularly in terms of drainage. As stated above, this approval does not recognize the
proposed pad elevation for Parcel 2 or the conceptual grsding shown. The issue of soil stability,
especially in the area of the root system of the removed tree, was of concern to most. This approval
is conditioned to require a soils report, with specific attention given to the area of the removed tree,
prior to any grading of the site or site preparstion in conjunction with a building permit.
Of particular concern to the neighbors directly adjacent to Parcel 2 to the south and west was
compliance with drainage and storm water quality standards. Both neighbors expressed concern
with how the proposed subdivision would affect storm water runoff on Hygeia Avenue. The
neighbor to the south stated that storm events cause large amounts of water to run down his
driveway from Hygeia Avenue and he fears that the subdivision will exacerbate the problem.
Although adjacent to Parcel 2, this neighbor's driveway is scparsted from the subject property by
another parcel under separste ownership. The neighbor to the west is concerned that the proposed
new driveway, future construction and the existing driveway would cause excessive amounts of
water to flow toward his property. This neighbor is requesting street improvements to carry water
on Hygeia Avenue further south to an existing storm drain inlet to the south of the above-mentioned
neighbor's property.
This approval will be conditioned to require 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. Additionally, this approval requires that Best Management
Practice (BMP) be utilized for storm water pollution control to ensure compliance with all storm
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water quality standards. The BMP for this project will be required to include detention basins
and to allow flow of storm water across landscaped areas prior to entering the storm drain
system. Prior to recordation of the final parcel map, the drainage system for this project will be
required to be designed, approved, and a bond accepted for completion of the work. A covenant
will be required to ensure proper maintenance of the required detention basin(s). In regards to
street improvements along Hygeia Avenue, the Subdivision Map Act allows the City to request
street improvements only along the property frontage for subdivisions creating four or fewer
parcels. Since there is a property between the subject property and the drain inlet to the south
and, in the opinion of the Engineering Services Department, improvements solely along the
subject property's ftontage would exacerbate the existing drainage condition for the neighbors to
the south, street improvements will not be required with this subdivision.
One other neighbor expressed concerns with construction noise from the subject property, the
"disproportionate" sizes of the lots, and the removal of the pool. This neighbor was advised to
bring noise complaint issues to the attention of the Code Enforcement Division. The proposed
lot sizes are consistent with City of Encinitas technical and design standards for subdivisions.
There is no requirement that the proposed lots of a subdivision be of the same or similar size.
The pool is an accessory to the existing single-family residence and may be removed at any time
according to the property owner's desire. To accommodate the driveway access to proposed
Parcel 2, the pool must be removed.
This approvà1 is based on the following findings:
FINDINGS FORA TENTATIVE PARCEL MAP
STANDARD: Section 66474 of the California Government Code requires that the authorized
agency approve an application for a Tentative Map unless, based upon the information
presented in the application and during the Public Hearing, the authorized agency makes any
of the following findings offaet:
a. That the proposed map is not consistent with applicable general and specific plans as
specified in Section 6545 I of the Subdivision Map Act.
1
FactslDiscussion: There is no specific plan associated with the subject property. The
General Plan allows for a maximum density of 8.00 dwelling units per net acre in the subject
R8 zone. The project proposes two units on 0.37 net acres for a project density of 5.41
dwelling units per net acre, which is consistent with the allowable density range of the R8
zone.
Conclusion: The Community Development Department finds that the proposed map is
consistent with the General Plan.
b. That the design or improvement of the proposed subdivision is not consistent with
applicable general and specific plans.
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FactslDlscussion: Chapter 24.12 of the Municipal Code sets forth design standards for
subdivisions and Chapter 30.16 of the Municipal Code sets forth development standards
such as lot width, depth, and area requirements for the subject R8 zone. The proposed
parcels meet the development and design standards of the. General Plan and Municipal
Code.
Conclusion: The Community Development Department finds that the design of the
subdivision is consistent with the General Plan and Municipal Code.
c. That the site is not physically suitable for the type of development.
FactsIDiscussion: The project will create two parcels. The existing residence will remain
on proposed Parcell. The residence will comply with all applicable development standards
of the subject R8 zone. Proposed Parcel 2 provides adequate space for development in
compliance with all applicable development standards for the subject R8 zone.
Conclusion: The Community Development Department finds that the subject site is
physically suitable for the existing development on proposed Parcel I and that the site is
physically suitable for development on Parcel 2 in compliance with all applicable
development standards of the subject R8 zone.
d. That the site is not physically suitable for the proposed density of development.
FactsIDiscussion: The project proposes to create two lots yielding a residential density of
5.41 units per net acre. The subject R8 zone allows for a maximum density of 8.00 dwelling
units per acre, and the net acreage calculations indicate a site specific maximum density of
two units. Therefore, the project complies with the density requirements of the subject R8
zone.
Conclusion: The Community Development Department finds that the subject site is
physically suitable for the proposed density of development.
e. That the design of the subdivision or of the proposed improvements is likely to cause
substantial environmental damage or substantially or avoidably injure fish or wildlife or
their habitat.
FactsIDiscussion: This project has been determined to be exempt from environmental
review pursuant to Section 15315 of the State CEQA Guidelines which exempts the
division of property in urbanized areas zoned for residential use into four or fewer parcels
when the division is in conformance with the General Plan and zoning, no variances or
exceptions are required, all services and access to the proposed parcels to local standards
are available, the parcel was not involved in a division of a larger parcel within the
previous two years, and the parcel does not have an average slope greater than 20
percent.
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Conclusion: The Community Development Department finds that the design of the
subdivision and of the proposed improvements is not likely to cause substantial
environmental damage or substantially or avoidably injure fish or wildlife or their habitat.
f. That the design of the subdivision or the type of improvements is likely to cause serious
public health problems.
FactsIDiscussion: The applicant has provided letters of service availability from sanitation,
water, fire and school districts which state that ~l services are available to serve the project.
Conclusion: The Community Development Department finds that, since all necessary
services can be provided for the proposed project, the design of the subdivision and of the
proposed improvements is not likely to cause serious public health problems.
g. That the design of the subdivision or the type of improvements will conflict with easements,
acquired by the public at large, for access through or use of: property within the proposed
subdivision. In this connection, the authorized agency may approve a map if it finds that
alternate easements, for access or for use, will be provided, and that these will be
substantially equivalent to ones previously acquired by the public. This subsection shall
apply only to easements of record or to easements established by judgment of a court of
competent jurisdiction and no authority is hereby granted to a legislative body to determine
that the public at large has acquired easements through or use of property within the
proposed subdivision.
FactslDiscussion: No easements have been identified on the subject property that would
conflict with the proposed subdivision.
Conclusion: The Community Development Department finds that the design of the
subdivision or the type of improvements will not conflict with any easements, acquired by
the public at large, for access through or use of, property within the proposed subdivision.
FINDINGS FOR A COASTAL DEVELOPMENT PERMIT
STANDARD: Section 30.80.090 of the Municipal Code provides that the authorized agency
must make the following findings of fact, based upon the information presented in the
application and during the Public Hearing, in order to approve a coastal development permit:
1. The project is consistent with the certified Local Coastal Program of the City ofEncinitas;
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
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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.
Facts: The City's Genersl Plan and Municipal Code are the applicable components of the
City's Local Coastal Plan. The project consists of the subdivision of the subject 0.41.acre lot
into two parcels. The proposed parcels are consistent with the required standards for lot area
and dimensions in the subject R8 zone. The project has been determined to be exempt from
environmental review pursuant to Section 15315 of the State CEQA Guidelines.
Discussion: Related to finding No. I, with the approval of the Tentative Parcel Map request,
the project complies with or is conditioned to comply with the City's Local Coastal Program
and the Municipal Code. Related to finding No.2, the project has been determined to be
exempt from environmental review pursuant to Section 15315 of the State CEQA
Guidelines and no potentially significant adverse impacts to the environment will result.
Finding No.3 is inapplicable since the project is not located between the sea or other body
of water and the nearest public road.
Conclusion: The Community Development Department finds that 1) the project is
consistent with the certified Local Coastal Program of the City of Encinitas; 2) no
potentially significant adverse impacts to the environment will resuÍt since the project Initial
Study determined that the project could not have a significant effect on the environment and
therefore a Negative Declaration will be adopted; and 3) finding No.3 is not applicable to
the project since the project site is not located between the sea or other body of water and
the nearest public road.
Environmental Review: The project has been determined to be exempt from environmental review
pursuant to Section 15315 of the State CEQA Guidelines which exempts the division of property
in urbanized areas zoned for residential use into four or fewer parcels when the division is in
conformance with the General Plan and zoning, no variances or exceptions are required, all
services and access to the proposed parcels to local standards are availl ble, the parcel was not
involved in a division of a larger parcel within the previous two years, and the parcel does not
have an average slope greater than 20 percent.
This approval is subject to the following conditions:
SCI SPECIFIC CONDmONS:
SC4 Approval of the Tentative Parcel Map and all associated permits will expire on July 29,
2004 at 5:00 p.m., two years after the approval of this project, unless the conditions have
been met or an extension of time has been approved pursuant to the Municipal Code.
SC6 This project is conditionally approved as set forth on the application and project drawings
dated received by the City on March 18, 2002, consisting ora I-sheet Tentative Parcel Map
designated as approved by the Community Development Director on July 29, 2002, and
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shàll not be altered without express authorization by the Community Development
D~mm~. .
SCA The grading ~own on the approved tentative parcel map is not a part of this approval.
Future development shall be constructed on grsde to the maximum extent possible.
Building height for future structures shall be measured ftom the lower of the existing grade
as shown on the tentative parcel map or the finished grade, whichever is lower.
SCB Prior to recordation of the final Parcel Map, the existing garage and shed on proposed Parcel
2 shall be removed to the satisfaction of the Community Development D~mm~.
SCC Prior to the sale of either parcel or prior to the development of Parcel 2, whichever comes
first, the following shall be completed to the satisfaction of the Community Development
D~mment:
1. The existing pool shall be removed.
2. The existing northerly driveway shall be partially removed so that the pavement does
not extend westerly of the existing residence.
3. A new driveway shall be constructed in the proposed access easement along the
southerly property line of the subject property to provide access to Parcel 2. Parcell
shall not access the access easement unless the existing residence on Parcel I is outfitted
with fire sprinklers to the satisfaction of the Fire Depmmettt.
4. It shall be. demonstrated that Parcell provides parking for the existing residence in
conformance with Municipal Code requirements.
Gl STANDARD CONDmONS:
CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CQNDmON(S):
G4 Prior to recordation of the final parcel map, the applicant 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 Community
Development Director.
G5 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.
Gl3 The applicant shall pay development fees at the established rate. Such fees may include, but
not be 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/Cost Recovery Fees. Arrangements to pay these fees shall be made prior to
Final Map approval to the satisfaction of the Community Development and Engineering
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Services Departments. The applicant is advised to contact the Community Development
Department regarding Park Mitigation Fees, the Engineering Services Department regarding
Flood Control and Traffic Fees, applicable School District(s) regarding School Fees, the Fire
Department regarding Fire Mitigation/Cost Recovery Fees, and the applicable Utility
Departments or Districts regarding Water and/or Sewer Fees.
Ml This approval may be appealed to the City Council within 10 calendar days from the date of
this approval pursuant to Chapter 1.12 of the Municipal Code.
M4 The property owner/developer shall obtain design review permits through the City for
homes to be constructed on the lots resulting from the approved map, as well as all related
site improvements. If the property owner/developer elects to develop the lots resulting from
the approved final map as custom homesites, the design review permit requirement may be
waived by the Community Development Department pursuant to Section 23.08.030 (7) of
the Municipal Code. The property owner/developer is advised to contact the Community
Development Department at such time as development of the subject property is planned to
determine whether a design review permit will be required. A standard covenant specifying
this condition shall be recorded in the Office of the County Recorder to give constructive
notice to future purchasers of the site.
Fl FIRE CONDITIONS:
CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE WITH
THE FOLLOWING CONDmON(S):
F2 ACCESS ROADWAY DIMENSIONS: Fire apparatus access roadways shall have an
unobstructed paved width of not less than 24 feet, curb line to curb line, and an
unobstructed vertical clearance of not less than 13 feet 6 inches. Access roads shall be
designed and maintained to support the imposed loads of fire apparatus. Minimum
design load is 65,000 Ibs. EXCEPTION: Access to one (I) single family residence shall
not be less than 16 feet of paved width, curb line to curb line.
F5 GRADE: The gradient for a fire apparatus roadway shall not exceed 20.0%. Grades
exceeding 15.0% (incline or decline) shall not be permitted without mitigation. Minimal
mitigation shall be the installation of automatic fire sprinkler systems appropriate to the
structures and uses served. The angle of departure and angle of approach of a fire access
roadway shall not exceed 7%.
F6 GATES: All gates or other structures or devices, which could obstruct fire access
roadways or otherwise hinder emergency operations, are prohibited unless they meet
standards approved by the Fire Department. All automatic gates across fire access
roadways shall be equipped with approved emergency key operated switches overriding
all command functions and opening the gate(s). Gates accessing four (4) or more
residences or residential lots, or gates accessing hazardous, institutional, educational, or
assembly occupancy group structures shall also be equipped with approved emergency
traffic control activating strobe light sensor(s) which will activate the gate on the
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approach of emergency apparatus. All automatic gates must meet Fire. Department
requirements for rapid, reliable access.
F13 ADDRESS NUMBERS: Address numbers shall be placed in a location that will allow
them to be clearly visible from the street fronting the structure. The numbers shall
contrast with their background, and shall be no less in height than: Four (4") inches for
single family homes and duplexes; Eight (8") inches for commercial and multi-family
residential buildings; and Twelve (12") inches for industrial buildings.
Fl4 ADDRESS NUMBERS FOR STRUCTURES LOCATED OFF ROADWAY: Where
structures are located off a roadway on long easements/driveways, a monument marker
shall be placed at the entrance where the easement/driveway intersects the main roadway.
Permanent address numbers with height conforming to Fire Department standards shall
be affixed to this marker.
F18 CLASS "A" ROOF: All structures shall be provided with a Class "A" roof assembly to
the satisfaction of the Encinitas Fire Department.
El ENGINEERING CONDITIONS:
CONTACT THE ENGINEERING SERVICES DEPARTMENT REGARDING
COMPLIANCE WITH TIlE FOLLOWING CONDmON(S):
E2 All City Codes, regulations, and policies in effect at the time of buildinglgrading permit issuance
shall apply.
EA Best Management Practice shall be utilized for storm water pollution control to
satisfaction of the City Engineer. The surface run off shall be directed over grass and
landscaped areas prior to collection and discharge onto the street and/or into the public
storm drain system. If pipes are used for area drainage, inlets shall be located to allow
maximum flow distance over grass and non-erodable landscape areas. A grass lined
ditch, reinforced with erosion control blanket, or a riprap lined drainage ditch shall be
used instead of a concrete ditch where feasible. Hardscape areas and driveways shall be
sloped toward grass and landscaped areas. Driveways with a grass or gravel lined swale
in the middle can be used if site topography does not allow discharge of driveway runoff
over landscape areas. Grading plan shall identify all landscape areas designed for storm
water pollution control.
EB A grading permit shall be obtained for any grading 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 Owner shall provide a precise site plan to the Engineering
Department for review prior to the approval of a building permit. The building site plan
shall provide design for drainage improvement, erosion control, storm water pollution
control and Best Management Practice, and on-site pavement. A note shall be placed on
the construction plans specifying that any modifications to the site BMP must be
approved by The City of Encinitas Engineering Department. A soils report shall be
submitted with the first submittal of the grading plan. The soils report shall address the
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removal of the tree stump and roots as well as the recompaction of soil disturbed by the
root system.
EC The existing overhead utilities to the existing residence on Parcell may stay, however all
new utility services to the property shall be undergrounded.
ED A covenant shall be recorded against the property to ensure adequate maintenance of the
detention basin. A second covenant shall be recorded against the property holding the
City harmless for any damages to the adjacent properties resulting from storm water
runoff or lack of detention basin maintenance.
EE Prior to recordation of the final Parcel Map, the drainage system for this project shall be
designed, approved, and a bond accepted for completion of the work to the satisfaction of
the Engineering Department.
EDI Drainal!'e Conditions '
ED2 The owner shill exercise special care during the construction phase of this project to
prevent any off site siltation. The owner shall provide erosion control measures and shall
construct temporary desiltationldetention basins of type, size and location approved by
the Engineering Services Director. The basins and erosion control measures shall be
shown and specified on the grading plan and shall be constructed to the satisfaction of the
Engineering Services Director prior to the start of any other grading operations. Prior to
the removal of any basins or facilities so constructed, the area served shall be protected
by additional drainage facilities, slope erosion control measures, and other methods
required or approved by the Engineering Services Director. The owner shall maintain the
temporary basins and erosion control measures for a period of time satisfactory to the
Engineering Services Director and shall guarantee their maintenance and satisfactory
performance by cash deposit and bonding in amounts and types suitable to the
Engineering Services Director. .
ED3 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 Engineering Services Director to properly handle the drainage.
ED5 The owner shall pay the current local drainage area fee prior to issuance of the building
permit for this project or shall construct drainage systems in conformance with the
Master Drainage Plan and City of Encinitas Standards as required by the Engineering
Services Director.
ED8 The drainage system shall be designed to ensure that runoff resulting from a lOO-year
frequency storm under developed conditions is equal to or less than the runoff from a
storm of the same ftequency and duration under existing conditions. Both 6-hour and 24-
hour storm durations shall be analyzed to determine the detention basin capacities
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necessary to accomplish the desired results.
ESI Street Conditions
ES5 Prior to any work being performed in the public right-of-way, a right"Of-way construction
permit shall be obtained from the Engineering Services Director and appropriate fees
paid, .in addition to any other permits required.
ES6 In accordance with Chapter 23.36 of the Municipal Code, the owner shall execute and
record a covenant with the County Recorder agreeing not to oppose the formation of an
assessment district to fund the installation of right "Of-way improvements.
ES7 In accordance with Chapter 23.36 of the Municipal Code, the owner shall execute and
record a covenant with the County Recorder agreeing not to oppose the formation of an
assessment district to fund the undergrounding of utility facility improvements.
EUI Utilities
EU2 The owner shall comply with all the rules, regulations, and design requirements of the
respective utility agencies regarding services to the project.
EU4 All proposed utilities within the project shall be installed underground unless
exempt by the Municipal Code.
This notice constitutes a decision of the Community Development Department only. Additional
permits, including Building Permits, may be required by the Building Department or other City
Departments. It is the property owner'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, this decision may be appealed to
the City Council within ten (10) calendar days of the date of this determination. The appeal must be
filed, accompanied by a $100.00 filing fee, prior to 5:00 p.m. on the lOth calendar day following the
date of this notice of decision. The action of the Community Development Department in reference
to the above item may not be appealed to the Coastal Commission.
If you have any questions regarding this determination, please contact Kerry Kusiak at the
Community Development Department by telephoning (760) 633-2719.
~l~W-U~A ~
Patti M hy
Community Development Director
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