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RESOLUTION NO. 2020-65

A RESOLUTION OF THE CITY OF ENCINITAS CITY COUNCIL APPROVING THE APPEAL FILED BY SURFER’S POINT LLC, SET ASIDE THE DENIAL DECISION OF THE PLANNING COMMISSION, AND APPROVING THE MAJOR USE PERMIT MODIFICATION, DESIGN REVIEW PERMIT MODIFICATION, PARCEL MAP WAIVER AND COASTAL DEVELOPMENT PERMIT TO CONSOLIDATE THREE EXISTING LOTS INTO ONE PARCEL AND AUTHORIZE SITE IMPROVEMENTS MODIFICATIONS TO A PREVIOUSLY APPROVED 25-UNIT TIME-SHARE PROJECT WITH ASSOCIATED LANDSCAPE/SITE IMPROVEMENTS FOR THE PROPERTY LOCATED AT 100 & 2000 CARLSBAD BOULEVARD

CASE NO. MULTI-002886-2017, SUB-002905-201, USE-002887-2017, DR-002888-2017 & CDPNF-002889-2017 (17-205 MUPMOD/DRMOD/PMW/CDP); APN: 216-042-01 & -05

WHEREAS, Surfer’s Point, LLC submitted an application for a Major Use Permit Modification, Design Review Permit Modification, Parcel Map Waiver and renewal of a Coastal Development Permit to consolidate three existing parcels into one lot and site improvements modifications to a previously approved 25-unit timeshare hotel in two phases (Phase One- 14 units and Phase Two- 11 units) with associated site improvements and the use of a temporary construction trailer in both phases, for the property located at 100 & 2000 Carlsbad Boulevard, legally described in Exhibit A;

WHEREAS, the Planning Commission conducted duly noticed public hearings on June 6, 2019 and June 18, 2020 and denied the Design Review Permit modification;

WHEREAS, the appellant, Surfer’s Point LLC filed a timely appeal received by the City on July 6, 2020;

WHEREAS, the City Council conducted a duly noticed public hearing on August 19, 2020, for the appeal pursuant to Chapter 1.12 (Appeals) of the Encinitas Municipal Code; and

WHEREAS, the City Council considered a Major Use Permit Modification, Design Review Permit Modification, Parcel Map Waiver, renewal of a Coastal Development Permit and Addendum to the Environmental Impact Report with the previously certified Environmental Impact Report.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Encinitas hereby APPROVES the appeal and SETS ASIDE the denial decision of the Planning Commission, and hereby approves Case Nos. MULTI-002886-2017, SUB-002905-201, USE-002887-2017, DR-002888-2017 & CDPNF-002889-2017 (17-205 MUPMOD/DRMOD/PMW/CDP) based on the following Environmental Determination and Findings:

Section 1. California Environmental Quality Act Determination

An Addendum to the project’s Environmental Impact Report (Case No. 00-201DR/CDP/MUP) has been prepared for changes to the proposed project. The City Council certified the Environmental Impact Report for the original project on September 1, 2005. Under the California Environmental Quality Act, an Addendum to a previously certified Environmental Impact Report (EIR) may be prepared if minor additions are proposed to a project and the changes do not result in new significant environmental effects. An Environmental Initial Study was conducted to support the Addendum to the EIR.

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Section 2. Discretionary Action(s) Findings

Based on the findings for a Major Use Permit as per Encinitas Municipal Code Section 30.74.070 (Use Permit) and the aforementioned analysis, City Council has made the following findings to support the approval, with conditions:

Finding for Major Use Permit Explanation of Finding

1. The location, size, design or operating characteristics of the proposed project will be incompatible with or will adversely affect or will be materially detrimental to adjacent uses, residences, buildings, structures or natural resources, with consideration given to, but not limited to:

a. The inadequacy of public facilities, services and utilities to serve the proposed project,

The proposed site modifications and reduction in the number of units, with the conditions of approval and mitigation measures, will be compatible with and not adversely affect the adjacent uses, residences, building structures or natural resources. Existing public facilities exist or conditioned to be constructed to serve the proposed project.

b. The unsuitability of the site for the type and intensity of use or development which is proposed, and

No change in intensity of the site is proposed with the modifications. The project, with the implementations of the conditions of approval and mitigation measures, will result in a project that is suitable for the site.

c. The harmful effect, if any, upon environmental quality and natural resources of the City;

Stronger conditions as identified with coordination with the California Coastal Commission have been incorporated to protect the environment and natural resources. The project, with the conditions of approval, will not have a harmful effect upon the environmental quality and natural resources of the City.

2. The impacts of the proposed project will adversely affect the policies of the Encinitas General Plan or the provisions of this Code; or

No changes to the operational characteristics have been made with the project modifications. The proposed use, as conditioned, is consistent with the policies of the General Plan and applicable provisions of the VSC zone, wherein a timeshare requires the approval of a Major Use Permit. The timeshare will not adversely affect the policies of the General Plan or Municipal Code.

3. The project fails to comply with any other regulations, conditions or policies imposed by this Code.

The project, as conditioned, demonstrates compliance with the applicable policies of the General Plan and the standards for the VSC Zone.

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Based upon the findings for a Design Review Permit as per Encinitas Municipal Code Section 23.08.080 and the aforementioned analysis, City Council has made the following findings to support the approval, with conditions: Findings for Design Review Permit Explanation of Finding

1. The project design is inconsistent with the General Plan, a Specific Plan, or the provisions of the Municipal Code.

The proposed color changes to be of earth tone as requested by Coastal Commission, landscaping and best management practices for stormwater purposes are consistent with the provisions of the General Plan, North 101 Corridor Specific Plan and the Local Coastal Program. The design of the timeshare/hotel and site improvements are consistent with the Design Review recommendations included in the North 101 Corridor Specific Plan.

2. The project design is substantially inconsistent with the Design Review Guidelines.

The modifications are consistent with the North 101 Corridor Specific Plan Design Guidelines. A detailed analysis of facts supporting a finding of substantial consistency with the applicable City Design Guidelines is presented in the ‘Design Guidelines Consistency’ section of the staff report. The proposed project color change and landscape site improvement elements will enhance the image of the property and contribute positively to the surrounding area.

3. The project would adversely affect the health, safety, or general welfare of the community.

No evidence has been submitted or received to demonstrate that the proposed modifications would adversely affect the health, safety, or general welfare of the community. The project has been conditioned appropriately to ensure that the health, safety, and general welfare of the community is maintained.

Based upon the findings for a Coastal Development Permit as per Encinitas Municipal Code Section 30.80.090, and the aforementioned analysis, City Council has made the following findings to support the approval, with conditions:

Finding for Coastal Development Permit Explanation of Finding

1. The project is consistent with the certified Local Coastal Program of the City of Encinitas.

The project is consistent with the certified Local Coastal Program of the City of Encinitas with the approval of the Major Use Permit and Design Review Permit. The project is consistent with the applicable policies of the General Plan and North 101 Corridor Specific Plan. The project also complies with the applicable zoning requirements in the North 101 Corridor Specific Plan Visitor Serving Commercial (VSC) zone including

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allowable land use, setbacks, lot coverage, landscaping, building height and parking.

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.

An Environmental Impact Report was prepared for the project on September 1, 2005, which included mitigation measures still applicable to the current project design. Under the California Environmental Quality Act, an Addendum to a previously certified Environmental Impact Report (EIR) may be prepared if minor additions are proposed to a project and the changes do not result in new significant environmental effects. An Environmental Initial Study was conducted to support the Addendum to the EIR.

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.

The proposed project is located between the sea and the nearest public road. Part of the project includes a pedestrian path to ensure public access through the site as presently offered is maintained. View outlooks are included and the path connects to a sidewalk on North Coast Highway 101 that leads to a pedestrian crossing across North Coast Highway 101 to further connect to the future Carlsbad trail, which is to be located on the west side of North Coast Highway 101.

Based on the findings for a Parcel Map Waiver as per Encinitas Municipal Code Section 24.60.50 (Parcel Map Waiver) and the aforementioned analysis, City Council has made the following findings to support the approval, with conditions:

Finding for Parcel Map Waiver Explanation of Finding

The proposed subdivision and each of the lots proposed to be created comply with requirements as to area, on-site improvements, design, access, floodwater drainage control, adequate boundary monumentation, dedications of right-of-way, payment of development fees, appropriate improved public streets and other off-site improvements, sanitary disposal facilities, water supply availability, fire protection facilities, environmental review and protection, grading, and any and all other requirements of this title and the state Subdivision Map Act which would be applicable to review and approval of a tentative final parcel map.

The proposed consolidated lot complies with all standards of the VSC zone. The proposed project is a request to consolidate three existing lots into one legal lot. No new lots are proposed by this application. All necessary on- and off-site improvements are in place or are conditioned to be provided as part of this project. All utilities and services are in place for the proposed project.

The above environmental determination and findings are supported by the minutes, maps, and exhibits, all of which are herein incorporated by reference.

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BE IT FURTHER RESOLVED that based on the Environmental Determination and Findings hereinbefore adopted by the City Council, Case No. MULTI-002886-2017, SUB-002905-201, USE-002887-2017, DR-002888-2017 & CDPNF-002889-2017 (17-205MUPMOD/DRMOD/PMW/CDP) is hereby subject to the conditions in Exhibit B.

PASSED AND ADOPTED this 19th day of August 2020, by the following vote, to wit:

AYES: NOES: ABSTAIN: ABSENT:

_________________________ Catherine S. Blakespear, Mayor

ATTEST: _________________________ Kathy Hollywood, City Clerk NOTE: This action is subject to Chapter 1.04 of the Municipal Code, which specifies time limits for legal challenges.

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Resolution No. CC 2020-65 Case No. MULTI-002886-2017, SUB-002905-201, USE-002887-2017, DR-002888-2017 & CDPNF-

002889-2017 (17-205 MUPMOD/DRMOD/PMW/CDP)

LEGAL DESCRIPTION PARCEL 1 That portion of Lot 10 of Section 33, Township 12 South, range four west, San Bernardino Meridian, in the City of Encinitas, County of San Diego, State of California, according to the official plat thereof, lying northeasterly of the northeasterly line of the 80-foot right of way of California State Highway, as shown on the plans thereof, Division seven, county of San Diego, Route two, Section “B”, sheet seven as said highway is described in deed dated March 10, 1924 and recorded April 23, 1925 in Book 1073, Page 395 of deeds. Excepting therefrom that portion thereof described in deed to the state of California for highway right of way, recorded January 26, 1934 as Document No. 3647, in Book 265, Page 359 of official records. Also excepting therefrom that portion described in deed to the State of California recorded October 18, 1951 as Document No. 127880 in Book 4266, Page 313 of official records. PARCEL 2 That portion of the southeast quarter of the southwest quarter of Section 33, township 12 South, Range four west, San Bernardino Meridian, in the City of Encinitas, County of San Diego, State of California, according to the official plat thereof, lying northeasterly of the northeasterly line of the 80-foot right- of way of California State Highway, as shown on the plans thereof, division seven, County of San Diego, Route two, Section “B”, Sheet seven as said highway is described in deed dated March 10, 1924 and recorded April 23, 1925 in Book 1073, Page 395 of deeds and lying southwesterly of the southwesterly line of the 200-foot right of way of the Atchison, Topeka and Santa Fe Railway (formerly the California Railway Co., according to profile of its road approved by the Department of Interior, May 12, 1881). Excepting therefrom, that portion thereof lying southeasterly of the arc of a 116.50-foot radius curve, concave southeasterly, said arc of curve being described as follows: Beginning at the intersection of said northeasterly line of said 80-foot highway right of way with said southwesterly line of said 200-foot railway right of way; thence northwesterly along 1,040-foot radius curve, concave southwesterly in said northeasterly line of highway, a distance of 223.59 feet; thence north 47 degrees 36 feet west continuing along said northeasterly line of highway 138.12 feet to the beginning of said 116.50-foot radius curve herein described; thence leaving said northeasterly line of highway northeasterly and easterly along said arc of said 116.50-foot radius curve to a point in said southwesterly line of said Atchison, Topeka and Santa Fe Railway right of way, which point is distant along said southwesterly line 324.58 feet northerly from said intersection thereof with said northeasterly right of way line of said state highway. PARCEL 3 That portion of the southeast quarter of the southwest quarter Section 33, Township 12 South, Range four West, San Bernardino meridian, in the City of Encinitas, County of San Diego, State of California, according to the official part thereof described as follows:

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Beginning at the intersection of the northeasterly line of the California State highway Commission’s right of way, as shown on plans thereof, Division seven, County of San Diego, Section “B”, Route two, Sheet seven dated August 9, 1926 and described in deed to the State of California, recorded April 23, 1925 in Book 1073, Page 395 of deeds, with the westerly right of way line of the 200.00-foot right of way of Atchison, Topeka and Santa Fe Railway (formerly the California Southern Railway Company), according to profile of its road approved by the Department of Interior, May 12, 1881; thence northwesterly along said northeasterly line of said State Highway along the arc of a 1,040-foot radius curve, concave, southwesterly a distance of 223.59 feet ; thence north 47 degrees 36 feet 0 inches west, continuing along said northeasterly line of said state highway, a distance of 138.12 feet; thence leaving said northeasterly line of said state highway, northeasterly and easterly along 116.50-foot radius curve, concave southerly, an arc distance of 190.33 feet, more or less, to that portion in the said westerly right of way of said railway right of way, distant thereon 324.58 feet northerly from the point of beginning; thence southerly along said westerly right of way line, a distance of 324.58 feet to the point of beginning. Excepting therefrom that portion thereof described as follows: Beginning at the southerly corner of said land described in deed to Lucy D. Handschy, thence along a 1040.00-foot radius curve, concave southwesterly in the northeasterly line of the California State Highway Commission right of way and described in said deed to Handschy, as a portion of the southwesterly boundary of the land described in said deed; thence northwesterly along said curve through a central angle of 11 degrees 7 feet 0 inches a distance of 201.78 feet to the point of beginning of a curve, concave northerly, the center of which bears north 20 degrees 58 feet 11 inches east, 50 feet from said point; thence easterly along said curve through a central angle of 56 degrees 54 feet 4 inches a distance of 49.66 feet; thence tangent to said curve north 54 degrees 4 feet 7 inches east, 41.44 feet to the westerly line of the 200-foot right of way of the Atchison, Topeka and Santa Fe Railroad, and described in said deed to Handschy as the easterly boundary of the land described therein; thence southerly along said easterly boundary point of beginning.

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EXHIBIT "B" Resolution No. CC 2020-65

Case No. MULTI-002886-2017, SUB-002905-201, USE-002887-2017, DR-002888-2017 & CDPNF-002889-2017 (17-205 MUPMOD/DRMOD/PMW/CDP)

Applicant: Surfer’s Point, LLC Location: 100 & 2000 Carlsbad Boulevard

SC1 SPECIFIC CONDITIONS: SC2 At any time after two years from the date of this approval, on August 19, 2022 at 5 p.m., or the

expiration date of any extension granted in accordance with the Municipal Code, the City may require a noticed public hearing to be scheduled before the authorized agency to determine if there has been demonstrated a good faith intent to proceed in reliance on this approval. If the authorized agency finds that a good faith intent to proceed has not been demonstrated, the application shall be deemed expired as of the above date (or the expiration date of any extension). The determination of the authorized agency may be appealed to the City Council within 15 days of the date of the determination.

SC5 This project is conditionally approved as set forth on the application and project drawings

stamped received by the City on June 2, 2020, consisting of 40 sheets including General Project Information, Preliminary Grading Plans (five sheets), Architectural Sheets (20 sheets), Landscape Plans (14 Sheets), and Slope Analysis (two sheets), all designated as approved by the City Council on August 19, 2020, and shall not be altered without express authorization by the Development Services Department.

SCA The following conditions shall be completed and/or fulfilled to the satisfaction of the

Development Services Department:

1. The permitted development shall be operated as a limited-term occupancy 25-unit timeshare and hotel with a minimum of seven units reserved for exclusive use hotel units. None of the minimum required number of hotel units shall be converted to fractional time-interest timeshare units. However, the number of units reserved exclusively for hotel use may be increased to the extent that the entire project may be operated as a hotel and subject to the acquisition of any and all necessary land use approvals and development permits as may be required at that time.

2. Prior to grading permit issuance, the owner shall record an open space easement to protect all undisturbed steep slope areas and inland bluffs to the satisfaction of the Development Services Department. The construction of interim drainage improvements/erosion control measures shall be permitted within such easement and shall be included in the open space easement document to the satisfaction of the Development Services Department.

3. Prior to issuance of any certificate of occupancy for the project, the applicant shall submit to the Development Services Department two copies of the final proposed covenants, conditions, and restrictions (CC&Rs) and any other covenants or riders to ownership title (“covenants”) related to the operation of a minimum of seven hotel units within the 25-unit timeshare property. The proposed CC&Rs and other covenants shall be reviewed by the City and shall not be recorded until and unless the Development Services Director determines that the CC&Rs and other covenants properly and adequately incorporate the terms and conditions set forth by this approval and the approved Management &

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Maintenance Plan. The CC&Rs and other covenants shall stipulate that the portions of the CC&Rs and other covenants pertaining to the terms and conditions set forth herein shall not be amended or revised without review and approval by the Development Services Department of said amendments or revisions. In addition, the CC&Rs shall include provisions and restrictions as identified in SCA4 below.

4. Hotel Units. By acceptance of this CDP, the Permittee acknowledges and agrees, on their behalf as well as all successors and assigns, that:

a. General Occupancy Requirements. All seven hotel units shall be open and made available to the general public at all times. No individual ownership or long-term occupancy of the seven hotel units shall be allowed.

b. Length-of-Stay Provisions. All seven hotel units shall be open and made available to the general public, and shall not be rented to any individual, family, or group for more than 30 consecutive days and shall not exceed 60 days within any 12-month period pursuant to Encinitas Municipal Code Section 30.20.020B.

c. Conversion Prohibited. The conversion of any of the hotel units to limited use overnight visitor accommodation units (e.g., timeshare, fractional ownership, etc.) or to full-time occupancy condominium units or to any other units with use arrangements that differ from the approved project shall be prohibited.

d. Low-Cost Units. The seven low-cost hotel units shall be available to the general public at rates no higher than as proposed by the Applicant, as allowed to be modified following the Consumer Price Index as specified in subsection (e) below;

e. Monitoring Reports for Low-Cost Hotel Units. The Permittee (or his affiliated designee) shall annually provide, for Development Services Director review and approval, two copies of a monitoring report for the two low-cost hotel units, beginning one year after occupancy of the hotel, and annually thereafter. The monitoring reports shall include, at a minimum, the average daily rate charged each month during the preceding year for the low-cost units, the occupancy rate for each low-cost unit for each applicable month, a description of proposed low-cost rates for the upcoming year (which shall be allowed to increase at no more than the annual Consumer Price Index each year without a permit amendment), and an assessment of compliance with the terms and conditions of this permit regarding the low-cost units. The Permittee (or his affiliated designee) shall be required to make changes as identified in any approved monitoring report as required by the Development Services Director to maintain consistency with the terms and conditions of this permit.

5. An on-site hotel management agent shall manage all hotel occupancy units with such management services to include, but not limited to, check-in and check-out services, reservation services, issuance of key cards to control access to rooms, and collection and remittance of transient occupancy tax (TOT).

6. All occupants of the hotel occupancy units, including hotel occupancy unit owners, shall pay the transient occupancy tax (TOT) in accordance with Encinitas Municipal Code Section 3.12.

7. All on-site parking shall always be made available and usable for parking for this project. 8. Pursuant to Section 4.8.3 of the North 101 Corridor Specific Plan, prior to issuance of a

Certificate of Occupancy, the owner shall file a maintenance agreement and easement subject to the approval of the City Attorney. The agreement and easement shall ensure that if the landowner, or subsequent owners, fails to maintain the required/installed site improvements, the City will be able to file an appropriate lien(s) against the property in order to accomplish the required maintenance.

9. Directional signage shall be provided from the project site that reads, “Connection to the City of Carlsbad Trails”. The location of the sign shall be shown on the building plans.

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10. Prior to issuance of any permit for Phase II of the project, the NCTD double track shall be completed and NCTD shall confirm acceptance of the lease agreement with the project applicant or future owners of the project.

11. All proposed external windows on the west, east and south sides of the structures visible from Coast Highway 101 or La Costa Avenue shall be comprised of non-glare glass.

12. A landscaping monitoring program shall be required for this project for the removal of invasive species and to ensure landscaping for purposes of permanently establishing native plants on the slope restoration area, preventing erosion and softening the appearance of the structures is in viable condition. Prior to grading permit issuance, a bonded landscape monitoring and reporting program for the project’s landscape plan shall be submitted for review and approval by the Development Services Department. The program shall provide that landscape monitoring be conducted every six months for three years, or as otherwise agreed to by the Development Services Department, until the plant material is established. A monitoring report shall be prepared and submitted to the Development Services Department following each monitoring visit. Monitoring reports shall include an assessment of the landscaped areas including reviewing and noting the following items: plant health and vigor, progress of seeding, presence of weeds, presence of plant pests or disease, soil moisture, and drainage improvements/erosion control measures. Monitoring reports shall include recommendations and remedial measures for any deficiencies or problems that would prevent implementation of the project’s landscape plan. Upon completion of the three years, if it is determined at that time that sufficient screening is not provided; additional landscaping improvements shall be required to be provided by the applicant. The additional plantings shall be installed to the satisfaction of the Development Services Director prior to final inspection approval. The City shall secure the bonds for the landscaping improvements until the applicant can demonstrate through certification by a landscape architect and site verification by the Development Services Department that the landscaping has been established.

13. Non-native vegetation shall be removed after the rainy season only. 14. Upon completion of the installation of the landscaping and the irrigation system, a final

field observation shall be conducted and a certification of substantial completion shall be provided to the City in accordance with the local landscape ordinance.

15. A temporary construction trailer may be allowed on the proposed project site for each phase. The temporary construction trailer shall comply with the provisions of Chapter 30.46.110A4 of the Municipal Code. The temporary construction trailer shall be identified, on the grading and building permit site plan and be removed prior to issuance of Certificate of Occupancy to the satisfaction of the Development Services Department.

16. Construction lighting and post-construction project lighting fixtures shall be shaded and oriented so that direct light or indirect glow will not increase the light levels in the lagoon or within the 100-foot wetlands buffer provided on the project site.

17. No structures shall be permitted within 25 feet of the bluff edge except for a four-foot fence as required by the Environmental Impact Report mitigation measure. The fence shall be set back five feet from the bluff edge.

18. No landscaping shall be within five feet of the bluff edge. 19. A public access trail shall be provided from La Costa Avenue onto the project site to a

public viewpoint at the northeast corner of the property, then connecting to N. Coast Highway 101. The path shall be located at a minimum five feet from the bluff edge along the northern portion of the property. The path shall be ADA accessible. The ADA accessible path shall be constructed so as not to trigger the need for a building or grading permit. Precautions shall be taken when placing material for the path close to the bluff edge to ensure that the integrity of the bluff is not threatened.

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20. The applicant shall obtain all necessary permits from outside agencies (including but not limited to the City of Carlsbad) for any improvements located outside of the City of Encinitas limits.

21. To minimize any increased potential for raptor predation pressure on special status bird species occurring at the Batiquitos Lagoon, the project applicant shall install and permanently maintain anti-perching materials as shown on Sheet T-2 of the project plans to the satisfaction of the Development Services Department and wildlife agencies. In addition, the project applicant shall keep all trash and garbage in enclosed structures to prevent access to common raptor prey species such as rodents and other small mammals.

22. Prior to building permit issuance, the final project landscape plans shall be reviewed and approved by the California Department of Fish and Wildlife and U.S. Fish and Wildlife Service for the purposes of minimizing landscaping that may provide nesting or roosting habitat for raptor species.

SCB The following conditions shall be completed and/or fulfilled to the satisfaction of the Encinitas Fire Department:

1. The installation of fire hydrants, fire sprinkler and fire alarm system, standpipe that serves

all three levels of the building and the fire access road on the east side of the building shall be completed prior to issuance of final occupancy for Phase I.

2. Prior to removing the existing fire access road on the east side of the building, a phasing/timing plan shall be reviewed with the Fire Department and other applicable city departments prior to building construction materials for Phase II are delivered and placed on site.

3. Fire hydrant locations shall be reviewed as part of the Grading Plans. SCC The following engineering-related conditions shall be completed and/or fulfilled to the

satisfaction of the Development Services Department:

1. Prior to approval/issuance of a grading or building permit for the project, the Certificate of Compliance for the lot consolidation shall be recorded.

2. As shown, the applicant shall be responsible for the construction of a fully signalized intersection at La Costa Ave. and N. Coast Highway 101 to the satisfaction of the City of Encinitas. Additionally, the applicant shall be responsible for half width improvements on N. Coast Highway 101 and La Costa Ave. along the limits of the project frontages beyond the intersection. Adequate offsite transitions shall be constructed as necessary to ensure full frontage improvements. Generally the improvements shown on the PGP are consistent with both the City’s Streetscape project and the Encinitas Beach Hotel project; however the final design of the improvements shall be reviewed and approved during grading/improvement plan review and may be required to be modified depending on the phase of construction for the other projects. Any improvements that are not completed by either of the other two projects shall be the responsibility of this project. Additionally, any public improvements damaged during construction shall be repaired and/or replaced to the satisfaction of the City.

3. A right turn lane/pocket into the driveway entrance on North Coast Highway 101 shall be constructed to the satisfaction of the City Traffic Engineer. The final design shall include pedestrian and bicycle facilities at locations and configurations approved by the City Traffic Engineer. The final design of the improvements shall be reviewed and approved during grading/improvement plan review.

4. The applicant shall dedicate additional right-of-way along the property frontage to La Costa Ave. to the satisfaction of the City to facilitate the extension of the northbound right

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turn pocket onto N. Coast Highway 101. The 42-foot dedication shall be based on the most conservative (northerly) La Costa centerline, or 49 feet from the southerly as shown on the PGP. However, if the City moves forward with and completes a roundabout at this intersection rather than a signalized intersection, the 42-foot dedication may be based on the southerly centerline.

5. The applicant shall grant a Public Drainage Easement to the City at the northwest corner of the property, as is shown on the project plans, for the required stormdrain outlet from N. Coast Highway 101. The Encinitas Beach Hotel project proposes to construct an outlet within existing right-of-way, or within this easement if timing allows. This project shall dedicate the easement and extend the outlet to its ultimate location/configuration. Additionally, the project shall dedicate a Public Flowage Easement from the required outlet on North Coast Highway 101 to the northerly property boundary to allow for flows of public water to the Batiquitos Lagoon. The applicant shall install adequate drainage improvements and erosion control measures to adequately convey runoff from the outlet to the edge of the wetland to the satisfaction of the Development Services Director.

6. For purposes of storm water quality, this project shall be considered a Priority Development Project subject to the provisions of the Hydromodification Management Plan. The applicant shall provide permanent post construction stormwater and HMP treatment BMPs to collect and treat all runoff prior to discharge from the site. The provided PDP SWQMP and SWMM stormwater sizing generally addresses all concerns however the final design and sizing of all facilities will be approved during grading plan review.

7. The applicant shall record an Encroachment Maintenance and removal Covenant against the property prior to issuance of a grading or building permit to ensure the perpetual maintenance of the proposed decorative driveway paving, landscape, irrigation, any other private improvements within the right-of-way.

8. The applicant shall install landscape and irrigation within the public right-of-way consistent with the North Coast Highway 101 Leucadia Streetscape landscape palette, and consistent with the Encinitas Beach Hotel right-of-way improvement plans. This landscaping shall be privately maintained by the property owner in perpetuity and shall be subject to the required EMRA covenant. However, the applicant shall install a water service to the planter area with an empty meter box to facilitate the City taking over irrigation and maintenance should the need arise in the future.

9. Where basement retaining walls abut property lines, easements, etc. the applicant shall ensure that the width of required shoring is accounted for in the basement dimensions so that there is no encroachment into the public right-of-way.

10. This project proposes construction of an underground garage. The drainage for the garage access ramp shall be designed to intercept all runoff and ensure that no storm water may enter the garage. The system to drain wastewater from the garage shall be connected to the sewer system.

11. The developer shall design and have approved the shoring and construction dewatering systems necessary for the construction of the underground garage prior to issuance of any grading permit for the project.

12. No permanent dewatering system shall be allowed for the underground garage. The underground garage shall be designed to withstand the hydrostatic pressure without any dewatering.

13. All proposed trash enclosures shall be fitted to comply with Storm Water 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 berm shall be installed at all openings to hold in any liquids that escape from the dumpster and to prevent any flow of storm water through the trash enclosure area. The berm can be designed wide and flat to allow rolling

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of the dumpster in and out. The enclosure shall be self-contained OR may have a drain that discharges through an adequately sized oil/ grease separator and then is filtered through a City-approved hydrocarbon filter and discharged into the public sanitary sewer system not to planters or the storm drain system. A separate building permit may be required for this structure.

14. The project geotechnical engineer shall determine if the proposed export material is adequate for beach sand. The engineer shall coordinate with the City’s Geotechnical Engineer and Beach Sand Coordinator, and if deemed quality material the acceptable material shall be hauled to the beach at a location to be determined.

SCD The following conditions shall be completed and/or fulfilled to the satisfaction of the San Dieguito Water District (SDWD):

1. The subject property is currently being served by a one-inch water meter. If the water meter

needs to be upsized for the proposed use, the Developer shall upgrade the meter and/or water service at their expense.

2. The installation of a backflow devise (RP) shall be required on the potable water meter. The backflow preventer shall be tested yearly, and the results provided to SDWD.

3. A dedicated fire line shall be required for fire sprinklers. 4. A backflow devise (DCDA meeting current District standards) shall be installed on the fire

service line. The location of the proposed backflow will need to be shown on the plans for SDWD approval.

5. The developer shall install the water system according to Water Agencies’ (WAS) standards. 6. Water meters shall be located in front of the parcel they are serving and outside of any

existing or proposed travel way. Cost of relocation shall be the responsibility of the developer. Appurtenances shall not be placed in roadside ditches.

7. The developer shall show all existing and proposed water facilities on improvement and/or grading plans for SDWD approval.

8. The developer shall comply with SDWD’s fees, charges, rules and regulations. 9. All residential common space/commercial/mixed used proprieties which propose over 5,000

square feet of landscaping shall install a separate landscape water meter. A backflow preventer will be required on the landscape meter.

G1 STANDARD CONDITIONS:

CONTACT THE DEVELOPMENT SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): M1 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. G3 This project is located within the Coastal Appeal 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 Council’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.

G4 Prior to recordation of Certificate of Compliance/grading permit issuance, the owner shall

cause a covenant regarding real property to be recorded. Said covenant shall set forth the terms

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and conditions of this grant of approval and shall be of a form and content satisfactory to the Development Services Director.

G5 The Owner(s) shall waive any claims of liability against the City and indemnify, hold harmless

and defend the City and City's employees regarding any component of the City’s approval, by executing an indemnity agreement in substantially the form as provided by the Development Services Department prior to recordation of Certificate of Compliance and/or building/grading permit issuance and the Development Services Director, or designee, is hereby authorized to execute the same.

G6 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.

G8 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 reduced (8 ½ inches x 11 inches) copy of the site plan and elevations depicting the exact point(s) of certification. 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.

G11 All retaining and other freestanding walls, fences, and enclosures shall be architecturally

designed in a manner similar to, and consistent with, the primary structures (e.g. stucco-coated masonry, split-face block or slump stone). These items shall be approved by the Development Services Department prior to the issuance of building and/or grading permits.

G12 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. Ground-mounted mechanical and electrical equipment shall also be screened through use of a wall, fence, landscaping, berm, or combination thereof to the satisfaction of the Development Services Department. All exterior accessory structures shall be designed to be compatible with the primary building’s exterior to the satisfaction of the Development Services Department.

G13 Prior to any use 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.

G14 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 building/grading permit issuance to the satisfaction of the Development Services Departments. The applicant is advised to contact the Development Services Department regarding Park Mitigation Fees, Flood Control and Traffic Fees, applicable School District(s)

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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.

G15 A plan shall be submitted for approval by the Development Services Department and the Fire

Department regarding the security treatment of the site during the construction phase, the on- and off-site circulation and parking of construction workers' vehicles, and any heavy equipment needed for the construction of the project.

G18 In accordance with the provisions of the Off-Street Parking Design Manual, all parking spaces

(except handicapped spaces) shall be delineated by double-line striping consisting of 4-inch wide painted white lines one to two feet apart, and all parking areas with more than one row of parking spaces shall have directional signs or painted directional arrows where one way travel is necessary to guide traffic, all of which shall be indicated in building plans and found satisfactory by the Development Services Department prior to final approval of the project’s building permit. Adjacent to the sides of the parking lot landscape islands, stalls shall be provided with a 12-inch wide concrete strip adjacent to the island’s curb.

G21 Decorative use of neon or LED tubing or banding, such as tubing around windows or doors or

banding around the building exterior, shall not be allowed unless approved through subsequent design review permit modification(s). Temporary window signs are limited to 25% of window area in accordance with Section 30.60.060 (N) of the Municipal Code.

G22 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.

G23 Building plans for all new commercial buildings shall include installation of wiring for current or

conduits for future installation of photovoltaic energy generation system(s) and an electric vehicle charging station.

G24 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 pursuant to Section 23.08.030.B.1.

LANDSCAPING L1 The project is subject to Chapter 23.26 of the Municipal Code (Water Efficient Landscape

Program), which requires a landscape and irrigation plan to be prepared by a State licensed landscape designer. The requirements for the plans are listed in Chapter 23.26. The landscape and irrigation plans including the required signature block of the State licensed landscape designer must be submitted as part of the building permit application for the project.

L2 All required plantings and automated irrigation systems shall be in place prior to use or

occupancy of new buildings or structures. All required plantings and automated irrigation

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systems shall be maintained in good condition, and whenever necessary, shall be replaced with new materials to ensure continued compliance with applicable landscaping, buffering, and screening requirements. All landscaping and irrigation systems shall be maintained in a manner that will not depreciate adjacent property values and otherwise adversely affect adjacent properties. All irrigation lines shall be installed and maintained underground (except drip irrigation systems).

L4(a) All landscaping, fences, walls, etc. on the site, in any adjoining public parkways (the area

between the front property line and the street) shall be permanently maintained by the owner, assigns or any successors in interest in the property. The maintenance program shall include normal care and irrigation of the landscaping; repair and replacement of plant materials and irrigation systems as necessary; and general cleanup of the landscaped and open areas, parking lots and walkways, walls, fences, etc. Failure to maintain landscaping and the site in general may result in the setting of a public hearing to revoke or modify the approval. This condition shall be recorded with the covenant required by this Resolution.

L5 All masonry freestanding or retaining walls visible from points beyond the project site shall be

treated with a protective sealant coating to facilitate graffiti removal. The sealant shall be of a type satisfactory to the Development Services Department. The property owner shall be responsible for the removal in a timely manner of any graffiti posted on such walls.

SIGNS S1 Any signs proposed for this development shall be designed and approved in conformance with

Encinitas Municipal Code Chapter 30.60. USE PERMITS U1 At all times during the effective period of this permit, the responsible party shall obtain and

maintain in valid force and effect, each and every license and permit required by a governmental agency for the operation of the authorized activity.

U2 In the event that any of the conditions of this permit are not satisfied, the Development Services

Department shall cause a noticed hearing to be set before the authorized agency to determine whether the City of Encinitas should revoke this permit.

U3 Upon a showing of compelling public necessity demonstrated at a noticed hearing, the City of

Encinitas, acting through the authorized agency, may add, amend, or delete conditions and regulations contained in this permit.

U4 Nothing in this permit shall relieve the applicant from complying with conditions and regulations

generally imposed upon activities similar in nature to the activity authorized by this permit. U5 Nothing in this permit shall authorize the applicant to intensify the authorized activity beyond that

which is specifically described in this permit. U6 The hours of operation are not limited but shall be reviewed and may be limited by the Planning

Commission should substantiated complaints arise pertaining to the hours of operation. U7 Any future modifications to the approved project will be reviewed relative to the findings for

substantial conformance with a use permit contained in Section 30.74.105 of the Municipal Code.

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Modifications beyond the scope described therein will require submittal of an amendment to the use permit and approval by the authorized agency.

U8 All project grading shall conform with that shown on the approved project plans. If no grading is

proposed on the approved plans, or subsequent grading plans are inconsistent with the grading shown on the approved plans, a use permit modification for such grading shall be obtained from the authorized agency of the City prior to issuance of grading or building permits.

DESIGN REVIEW DR1 Any future modifications to the approved project will be reviewed relative to the findings for

substantial conformance with a design review permit contained in Section 23.08.140 of the Municipal Code. Modifications beyond the scope described therein may require submittal of an amendment to the design review permit and approval by the authorized agency.

DR2 Side and rear elevations and window treatments shall be trimmed and architecturally treated so

as to substantially match the front elevations. This treatment shall be reflected in building plans and shall be found satisfactory by the Development Services Department prior to the issuance of building permits.

DR3 All project grading shall conform with the approved plans. If no grading is proposed on the

approved plans, or subsequent grading plans are inconsistent with the grading shown on the approved plans, a design review permit for such grading shall be obtained from the authorized agency of the City prior to issuance of grading or building permits.

CERTIFICATES OF COMPLIANCE

BA1 Completion of this lot consolidation shall require the recordation of a Certificate of Compliance.

New legal descriptions reflecting the consolidated parcels shall be prepared to the satisfaction of the Development Services Department. Pursuant to Municipal Code Section 24.70.110, a subdivision map of record reflecting the boundaries resulting from this action may serve as a substitute for a Certificate of Compliance.

BA2 In accordance with Section 66412(d) of the California Subdivision Map Act, deeds reflecting this

lot consolidation shall be recorded in the Office of the County Recorder. Conformed copies of the deeds shall be presented to the Development Services Department prior to the preparation of the Certificate of Compliance referenced in Condition BA1, above.

B1 BUILDING CONDITION(S):

CONTACT THE DEVELOPMENT SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): B2 The applicant shall submit a complete set of construction plans to the Development Services

Department for building permit plancheck 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). Commercial and Multi-residential construction must also contain details and

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notes to show compliance with State disabled accessibility mandates. These comments are preliminary only. A comprehensive plancheck will be completed prior to permit issuance and additional technical code requirements may be identified and changes to the originally submitted plans may be required.

F1 FIRE CONDITIONS:

CONTACT THE FIRE DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): F2 ACCESS ROAD MINIMUM DIMENSIONS: Fire apparatus access roads identified as

Circulation Element Roads and areas within the Very High Fire Hazard Severity Zone shall have an unobstructed improved width of not less than 24 feet and all other roads shall be not less than 20 feet; curb line to curb line. Exceptions: Single-Family residential driveways; serving no more than two single-family dwellings, shall have minimum of 16 feet, curb line to curb line, of unobstructed improved width. Access roads shall be designed and maintained to support the imposed loads of not less than 75,000 pounds and shall be provided with an approved paved surface to provide all-weather driving capabilities and provide a vertical clearance of not less than 13 feet 6 inches.

F5 GRADE: The gradient for a fire apparatus access roadway shall not exceed 20.0 percent.

Grades exceeding 15.0 percent (incline or decline) shall not be permitted without mitigation. Minimal mitigation shall be a surface of Portland cement concrete, with a deep broom finish perpendicular to the entire direction of travel. Additional mitigation measures may be required where deemed appropriate. The angle of departure and angle of approach of a fire access roadway shall not exceed seven degrees (12 percent).

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. An approved emergency key-operated switch and/or an approved emergency traffic control-activating strobe light sensor shall be installed per Encinitas Fire Department standards.

F7 RESPONSE MAPS: Any new development, which necessitates updating of emergency response maps by virtue of new structures, hydrants, roadways or similar features, shall be required to provide map updates in one of the following formats (AutoCad DWG, DXF, ESRI shapefile, ESRI personal geodatabase, or XML format) and shall be charged a reasonable fee for updating all response maps.

F8 CONSTRUCTION MATERIALS: Prior to delivery of combustible building construction

materials to the project site all of the following conditions shall be completed to the satisfaction of the Fire Department:

1. All wet and dry utilities shall be installed and approved by the appropriate inspecting department or agency;

2. As a minimum the first lift of asphalt paving shall be in place to provide a permanent all weather surface for emergency vehicles; and

3. Water supply for fire protection (fire hydrants and standpipes) shall be installed, in service and accepted by the Fire Department and applicable water district.

F9 POSTING OR STRIPING ROADWAYS “NO PARKING FIRE LANE”: Fire Department

access roadways, when required, shall be properly identified as per Encinitas Fire Department

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standards. The means by which fire lanes are designated shall be maintained in a clean and legible condition at all times and be replaced or repaired when necessary to provide adequate visibility.

F10 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.

F11 FIRE HYDRANTS AND FIRE FLOWS: The applicant shall provide fire hydrants of a type,

number, and location satisfactory to the Encinitas Fire Department. A letter from the water agency serving the area shall be provided that states the required fire flow is available. Fire hydrants shall be of a bronze type. Multi-family residential or industrial fire hydrants shall have two (2) 4” inch and two (2) 2 ½” inch NST outlets. Residential fire hydrants shall have one (1) 4” inch NST outlet, and one (1) 2 ½” inch NST outlets.

F13 ADDRESS NUMBERS: 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 ½” inch stroke width for residential buildings, eight inches high with a ½-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.

F15 AUTOMATIC FIRE SPRINKLER SYSTEM: Structures shall be protected by an automatic

fire sprinkler system designed and installed to the satisfaction of the Fire Department. F18 CLASS “A” ROOF: All structures shall be provided with a Class “A” Roof covering to the

satisfaction of the Encinitas Fire Department. F19 WET STANDPIPE SYSTEM: A Class I or Class III combined wet standpipe system is

required. Standpipe system shall be designed and installed per NFPA 14 and Encinitas Fire Department requirements.

F20 FIRE ALARM SYSTEM: A California State Fire Marshal listed fire alarm system is required

and shall be designed and installed per NFPA 72, California Fire Code and Encinitas Fire Department requirements.

E1 ENGINEERING CONDITIONS:

CONTACT THE DEVELOPMENT SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): E2 All City Codes, regulations, and policies in effect at the time of building/grading permit issuance

shall apply.

E3 All drawings submitted for Engineering permits are required to reference the NAVD 88 datum; the NGVD 29 datum will not be accepted.

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EG1 Grading Conditions EG3 The developer shall obtain a grading permit prior to the commencement of any clearing or

grading of the site. EG4 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 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.

EG5 No grading shall occur outside the limits of the project unless a letter of permission is obtained

from the owners of the affected properties. EG6 Separate grading plans shall be submitted and approved and separate grading permits issued

for borrow or disposal sites if located within the city limits. EG7 All newly created slopes within this project shall be no steeper than 2:1. EG8 A soils/geological/hydraulic report (as applicable) shall be prepared by a qualified engineer

licensed by the State of California to perform such work. The report shall be submitted with the first grading plan submittal and shall be approved prior to issuance of any grading permit for the project.

EG9 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 developer shall comply with all conditions and requirements the Development Services Director may impose with regards to the hauling operation.

EG10 In accordance with Section 23.24.370 (A) of the Municipal Code, no grading permit shall be

issued for work occurring between October 1st of any year and April 15th of the following year, unless the plans for such work include details of protective measures, including desilting basins or other temporary drainage or control measures, or both, as may be deemed necessary by the field inspector to protect the adjoining public and private property from damage by erosion, flooding, or the deposition of mud or debris which may originate from the site or result from such grading operations.

EG13 Owner shall provide a precise grading plan prior to approval of building permit. Grading plan

shall provide design for drainage improvements, erosion control, storm water pollution control, and on-site pavement.

ED1 Drainage Conditions ED2A 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 Best Management Practice Manual shall be employed to determine appropriate storm water pollution control practices during construction.

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

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be required. Said drainage system shall include any easements and structures required by the Development Services Department 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 Development Services Department.

ED6 The owner of the subject property shall execute a hold harmless covenant regarding drainage

across the adjacent property prior to approval of the any grading or building permit for this project. ES1 Street Conditions ES3 The owner shall make an offer of dedication to the City for all public streets and easements

required by these conditions or shown on the site development plan. The offer shall be made by execution of a grant deed prior to issuance of any building permit for this project. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated.

ES5 Prior to any work being performed in the public right-of-way, 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.

ES8 The design of all private driveways and drainage systems shall be approved by the Development

Services Department prior to issuance of any grading or building permit for this project. The structural section of all private streets shall conform to City of Encinitas Standards based on R-value tests. The standard improvement plan check deposit is required.

ES10 Improvements constructed within the present or future public right-of-way shall be considered

temporary. The owner shall enter into an encroachment removal covenant agreeing to remove those improvements at the direction of the City.

EU1 Utilities Conditions EU2 The owner shall comply with all the rules, regulations, and design requirements of the respective

utility agencies regarding services to the project. EU3 The owner shall be responsible for coordination with S.D.G. & E., AT&T, and other applicable

authorities. EU4 All proposed utilities within the project shall be installed underground including existing utilities

unless exempt by the Municipal Code. ESW1 Storm Water Pollution Control Conditions ESW2 Grading projects with a disturbed area of greater than 1 acre must also meet additional

requirements from the State Water Resources Control Board (SWRCB). Those additional requirements include filing a Notice of Intent (NOI) and preparing a Stormwater Pollution Prevention Plan (SWPPP) for review and approval by the City.

ESW5 The project must meet storm water quality and pollution control requirements. The applicant

shall design and construct landscape and/or turf areas and ensure that all flows from

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impervious surfaces are directed across these areas prior to discharging onto the street. A Grading Plan identifying all landscape areas designed for storm water pollution control (SWPC) and Best Management Practice shall be submitted to the City for Development Services Department approval. A note shall be placed on the plans indicating that the modification or removal of the SWPC facilities without a permit from the City is prohibited.

ESW6 Storm Water Pollution Control (SWPC) 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.