resolution no. pc 2020-27 a resolution of the city of

RESOLUTION NO. PC 2020-27

A RESOLUTION OF THE CITY OF ENCINITAS PLANNING COMMISSION APPROVING A TENTATIVE MAP, DENSITY BONUS, DESIGN REVIEW PERMIT AND COASTAL

DEVELOPMENT PERMIT TO SUBDIVIDE ONE EXISTING PARCEL INTO FOUR (4) LOTS UTILIZING THE STATE DENSITY BONUS LAW AND TO ESTABLISH A CONDOMINIUM FORM OF OWNERSHIP FOR 53 RESIDENTIAL UNITS AND COMMUNITY RECREATION CONDOMINIUM IN THE DEVELOPMENT; DEMOLISH ALL EXISTING AGRICULTURAL

STRUCTURES AND SINGLE-FAMILY HOME; CONSTRUCT A 250-UNIT AGRIHOOD COMMUNITY INCLUDING COMMUNITY RECREATION, FARM STAND MARKET, FARM-TO-TABLE RESTAURANT W/ACCESSORY ON-SITE ALCOHOL SALES AND SERVICES,

EVENT VENUE, AGRICULTURAL STRUCTURES AND ACCESSORY STRUCTURES; GRADING/SITE/LANDSCAPING IMPROVEMENTS; AND THREE TEMPORARY

CONSTRUCTION TRAILERS AND MODEL RESIDENTIAL UNITS

(Case Nos. MULTI-003524-2019, SUB-003526-2019, DR-003528-2019 & CDP-003529-2019 APN: 254-612-12)

WHEREAS, Nolen Communities, submitted an application for a Tentative Map, Density Bonus, Design Review Permit, and Coastal Development Permit to subdivide one existing parcel into four (4) lots utilizing the state density bonus law and to establish condominium form of ownership for 53 residential units and the community recreation building; demolish all existing agricultural structures and single-family home; construct a 250-unit “Agrihood” community including community recreation facility, farm stand market, farm-to-table restaurant with accessory on-site alcohol sales, event venue and outdoor space, agricultural structures and accessory structures; grading/site/landscaping improvements; and temporary construction trailers and model homes for the property legally described in Exhibit A; and

WHEREAS, the Planning Commission conducted a duly noticed public hearing on December 17, 2020.

NOW, THEREFORE, BE IT RESOLVED that the Encinitas Planning Commission hereby APPROVES Case Nos. Case Nos. MULTI-003524-2019, SUB-003526-2019, DR-003528-2019 & CDP-003529-2019, based on the following Environmental Determination and Findings:

Section 1. California Environmental Quality Act Determination

An Environmental Impact Report (EIR) was prepared to analyze the potential environmental effects of the project. In accordance with the California Environmental Quality Act (CEQA), the draft EIR was published for a 45-day public and agency review period on August 28, 2020 to October 12, 2020. Comments received during the public review period and corresponding responses are included in the Final EIR included as part of Planning Commission Resolution No. PC 2020-28. Responses were provided for a total of three (3) comment letters from state agencies (California Department of Fish & Wildlife, Caltrans, and SANDAG), three (3) comment letters from organizations, and forty-seven comment letters from individuals (eight opposed, 39 in support).

Through the analysis provided in the EIR, it was determined that the project would result in the following significant impacts unless mitigation measures are incorporated to reduce the

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environmental impacts to less than significant levels, with the exception of traffic, which was determined to be unavoidable:

Transportation Biological Resources Cultural/Tribal Resources Geology/Soils (Paleontological Resources) Hazards/Hazardous Materials

The impacts to biological resources were associated with potential effects of construction activity on potential active raptor or off-site gnatcatcher nests. With respect to cultural /tribal resources and geology and soils, construction activity may impact potential archaeological and paleontological resources within the project area. Regarding Hazards/Hazardous Materials, measures during construction are in place to include Soil Management Plans, remedial grading, asbestos and lead material surveys and abatement programs. For all the above impacts, mitigation measures are identified in the EIR to reduce the environmental effects to less than significant levels. The Mitigation Monitoring and Reporting Program (MMRP) is included as a part of Planning Commission Resolution No. PC 2020-28 and provides additional details of the required environmental mitigation measures.

Through the analysis provided in the EIR, it was determined that the project would have significant and unavoidable transportation impacts related to Vehicle Miles Traveled (VMT) that cannot be fully mitigated. The project includes mitigation to reduce these impacts such as including various Transportation Demand Management (TDM) measures but the VMT impacts would remain significant and unavoidable.

Once significant impacts have been identified, CEQA and the CEQA Guidelines Sections 15043 and 15093 require that certain findings be made before project approval to justify the unavoidable transportation impact. The City must adopt a Statement of Overriding Consideration, which allows a lead agency to cite a project’s general economic, social or other benefits as justification for choosing to allow the occurrence of specified significant environmental effects that have not been avoided. The CEQA provisions require the agency to provide in writing the specific reasons to support its action to approve the project with a Statement of Overriding Consideration (included as a part of), indicating that the project’s benefits must outweigh the unavoidable significant effects. The overriding consideration must be supported by substantial evidence.

The project would require the adoption of a Statement of Overriding Consideration. The statement provides the lead agency’s views on the ultimate balancing of the merits of approving a project despite its environmental impact. Although the project would have a significant and unavoidable traffic impact, it would also result in a number of public benefits associated with the development of the project site:

SOCIAL BENEFITS1. The project would provide visual and functional compatibility with adjacent residential

neighborhoods, other nearby land uses, development, and natural features.

2. The project would create a walkable environment that promotes and enhances the pedestrian experience throughout the site, with safe, convenient, and attractive connections, open space, parks, paseos, agriculture, and other amenities.


3. The project would provide a site plan that creates connectivity to adjacent neighborhoods and transit while respecting adjacent single-family residential neighborhoods by locating lower-density, detached homes along the western portion of the project site.

4. The project would provide a publicly-accessible loop trail system around the project site.

ECONOMIC BENEFITS5. The project would provide for varying housing densities and diverse housing types to

support an inclusive, multi-generational community to meet the current and future housing demand on a site located near transit, retail, recreational amenities, and schools.

6. The project would provide additional affordable housing within the project for very-low income families, thereby helping to meet the State-mandated affordable housing requirements and further encouraging diversity within the community.

7. The project would provide homeownership opportunities and meet the growing demand for smaller cottage/carriage homes, while at the same time encouraging multi-generational living opportunities that are compatible with the visual character of the surrounding community.

ENVIRONMENTAL BENEFITS 8. The project would provide at least the minimum number of units and housing

opportunities that are consistent with the goals of the adopted City of Encinitas Housing Element, while minimizing environmental effects and protecting surrounding natural and aesthetic resources.

9. The project would buffer existing open space areas adjacent to the project site (Magdalena Ecke Open Space Preserve) with an organic farm and focusing development further south to protect sensitive habitat and views.

10. The project would minimize visual impacts of the project site by locating two-story units around the perimeter of the project site and focusing three-story structures more central to the project site.

11. The project would provide for the long-term preservation of agriculture through an urban farm and other amenities that would serve as community assets and as a transition between urban uses and agricultural land.

12. The project would provide for the design of buildings, spaces, and uses that enhance and respect the agricultural history of the area and promote environmental stewardship.

CEQA also requires an EIR to evaluate project alternatives that would avoid or substantially lessen the significant environmental effects of a project, while achieving the most basic project objectives. Three alternatives were analyzed, which include a No Project scenario, Increased Intensity of Existing Agricultural Operations and VMT Reduction. It was determined that the development alternatives evaluated in the EIR would not avoid or substantially lessen the significant and unavoidable transportation impact.


Planning Commission certified the Final Environmental Impact Report as complete and made Overriding Consideration Findings through Resolution No. PC 2020-28. That resolution requires compliance with Mitigation, Monitoring and Reporting Program (MMRP) and the mitigations that are required for the project as referred to in the Environmental Impact Report.

Section 2. Discretionary Action(s) Findings

FINDINGS

Based on the findings for No Net Loss as per Section 65863 of the California Government Code and the aforementioned analysis, the Planning Commission has made the following findings to support the approval, with conditions:

Finding for No Net Loss Explanation of Finding

The proposed development's residential density is consistent with the Housing Element, and the remaining sites identified in the Housing Element are adequate to meet the requirements of Government Code Section 65583.2 and to accommodate the City's share of the regional housing need pursuant to Section 65584. (Findings required by Government Code Section 65863.)

The remaining sites in the Housing Element inventory are adequate to meet the requirements of Section 65583.2 and to accommodate the City’s share of the regional lower income housing need pursuant to Section 65584. The proposed project does not reduce the density of the site below what was projected in the City’s Housing Element; the Housing Element shows a site capacity of 246 units, whereas 250 units are proposed. However, although the site was projected to contain 246 lower income units, the proposed project includes only 40 lower income units, 206 fewer than projected. Nonetheless, the remaining sites in the inventory are adequate to accommodate the City’s share of the regional lower income housing need, based on the following: The City's Fifth Cycle Housing Element, adopted on March 19, 2020, requires that the City accommodate 1,220 lower income units as its share of the regional housing need, with 145 lower income units either constructed, approved, or projected to be provided through accessory dwelling units, leaving a remaining need for 1,141 lower income units. The sites found by the Department of Housing and Community Development to meet the requirements of Section 65863.2 can accommodate at least 1,459 units. If the project is approved, the remaining need for lower income units will be reduced to 1,101 units, and the site capacity will be reduced to 1,213 units, still in excess of the remaining need for lower income units.


Finding for No Net Loss Explanation of FindingTherefore, the remaining sites in the inventory are adequate to meet the requirements of Government Code Section 65583.2 and to accommodate the remaining share of the regional housing need pursuant to Section 65584.

Based on the findings for a Tentative Map as per Section 66474 of the California Government Code and the aforementioned analysis, the Planning Commission has made the following findings to support the approval, with conditions:

Findings for Tentative Parcel Map Explanation of Finding1. That the proposed map is not consistent

with applicable general and specific plans as specified in Section 65451 of the Subdivision Map Act.

The proposed residential subdivision with condominium units includes a request for density bonus in accordance with the State Density Bonus Law as per California Government Code Section 65915. According to the State Density Bonus Law, the applicant can request to increase the allotted density per local municipal code to exceed the maximum density in exchange for affordable housing. A maximum of 576 units are allowed under the State Density Bonus Law, and applicant is proposing 250 dwelling units consistent with the provisions of the Encinitas Ranch Specific Plan. Of the 250 units, 40 of the units will be affordable. The project has been conditioned to require that the affordable units be reserved for very low-income households in accordance with Section 65915. The proposed map is consistent with the General Plan, Subdivision Map Act and State Density Bonus Law, and the Encinitas Ranch Specific Plan.

2. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans.

The project design and improvements are consistent with the General Plan and Encinitas Ranch Specific Plan, as conditioned herein.

The project will provide several public improvements that will benefit the larger community.

3. That the site is not physically suitable for the proposed type of development.

The project site is physically suitable for the proposed development and all necessary public facilities and services are in place or can be extended to serve the project.


The applicant has submitted letters of facility availability for the project from fire, sewer, water, elementary and school service providers.

4. That the site is not physically suitable for the proposed density of development.

The proposed subdivision is consistent with the maximum density standards outlined in Chapter 30.16 (R30 zone) of the Municipal Code and Encinitas Ranch Specific Plan with the benefit of State Density Bonus Law noted in California Government Code Section 65915. All necessary public facilities and services are in place or can be extended to serve the project.

No physical characteristics or site conditions constrain the property resulting in the unsuitability of the development of the site as proposed. The project site is zoned ERSP R30 and Agricultural, which allows for the development of a multiple-family residential, restaurant and agricultural uses. Further, the State Density Bonus Law facilitates the development of 576 units on the site, and the project is proposing only 250 units.

5. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially or avoidably injure fish or wildlife or their habitat.

An EIR was prepared for the project. The EIR analyzed environmental impacts to biological resources and includes mitigation measures that will lessen the impacts to off-site biological resources to a less than significant level.

Additionally, the EIR analysis indicates that the project will have a significant and unavoidable VMT traffic impact. A statement of overriding consideration is required for this impact.

6. That the design of the subdivision or the type of improvements is likely to cause serious public health problems.

All necessary public facilities and services are in place or can be extended to serve the project. The applicant has submitted letters of facility availability for the project from fire, sewer, water, elementary and school service providers. No evidence has been identified to demonstrate that the proposed subdivision and associated improvements would cause serious health problems.

7. 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.

All easements of record are identified in the preliminary title report for the subject property and shown on the proposed tentative parcel map. No conflicts with easements of record have been identified.


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.

Based on the findings for a Design Review Permit as per Encinitas Municipal Code Section 23.08.080 (Design Review) and the aforementioned analysis, Planning Commission has made the following findings to support the approval, with conditions:

Findings for Design Review Permit Explanation of Finding1. The project design is inconsistent with the

General Plan, a Specific Plan, or the provisions of the Municipal Code.

The project is consistent with the provisions of the General Plan, Encinitas Ranch Specific Plan, Local Coastal Plan and provisions of the Municipal Code.

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

The project is consistent with the ERSP Design Guidelines. The design includes four-sided architecture with a variety of architectural elements, materials, colors and detailing. The project includes landscape improvements and street trees that soften the visual impacts of the project. The grading design considers the existing topography of the site.

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

No evidence has been provided indicating that the proposed project would adversely affect health, safety or general welfare of the surrounding neighborhood or community. All utilities and services are in place to serve the project.

Based on the findings for a Coastal Development Permit as per Encinitas Municipal Code Section 30.80.090 (Coastal Development Permit) and the aforementioned analysis, Planning Commission has made the following findings to support the approval, with conditions:

Finding for Coastal Development Permit Explanation of Finding


Finding for Coastal Development Permit Explanation of Finding1. The project is consistent with the certified

Local Coastal Program of the City of Encinitas; and

The project, as conditioned, complies with all Municipal Code requirements, policies of the General Plan, Encinitas Ranch Specific Plan and the Local Coastal Program.

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

An EIR has been prepared for the project and mitigation measures have been incorporated to bring the significant environmental impacts for biological resources, cultural resources, tribal cultural resources and geology and soils to a less than significant level. The EIR has identified that the project will have a significant and unavoidable VMT traffic impact and a statement of overriding consideration is included to disclose the ultimate balancing of the merits of approving a project despite its environmental impact.

Additionally, project alternatives were analyzed as part of the EIR and it was determined that the alternatives evaluated either would not avoid or substantially lessen the significant and unavoidable transportation impact or would be infeasible. In addition, it was determined that these alternatives would not meet the project objective of developing affordable units for income qualifying residents and would not improve the current flooding problem along Sidonia Street.

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 project site is located at the corner of Leucadia Boulevard and Quail Gardens Drive, which is not located between the sea and the first public road. Therefore, the requirements of Section 30200 et. seq. of the Coastal Act does not apply.

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

BE IT FURTHER RESOLVED that based on the Environmental Determination and Findings hereinbefore adopted by the Planning Commission, Case Nos. MULTI-003524-2019, SUB-003526-2019, DR-003528-2019 & CDP-003529-2019 is hereby subject to the conditions in Exhibit B.

PASSED AND ADOPTED this 17th day of December, 2020 by the following vote, to wit:

AYES: Doyle, Ehlers, Farrow, Flicker, Sherod


NOES: NoneABSTAIN: None ABSENT: None

_________________________Bruce Ehlers, Chair

ATTEST:

_________________________Roy Sapa’uSecretary

NOTE: This action is subject to Chapter 1.04 of the Municipal Code, which specifies time limits for legal challenges.


EXHIBIT "A"

Resolution No. PC 2020-27Case Nos. MULTI-003524-2019, SUB-003526-2019, DR-003528-2019 & CDP-003529-2019

LEGAL DESCRIPTION

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF ENCINITAS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:PARCEL A:PARCEL 54 OF CERTIFICATE OF COMPLIANCE RECORDED JANUARY 22, 1999 AS INSTRUMENT NO. 1999-0036120 OF OFFICIAL RECORDS, BEING LOT 54 AND A PORTION OF LOT 58 OF ENCINITAS TRACT NO. 94-066, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13356 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, SEPTEMBER 4, 1996, DESCRIBED AS FOLLOWS:BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 54; THENCE SOUTH 01° 20' 53" WEST 953.59 FEET ALONG THE EASTERLY LINE OF SAID LOT AND ITS SOUTHERLY PROLONGATION TO THE BOUNDARY OF SAID LOT 58; THENCE ALONG SAID BOUNDARY THE FOLLOWING COURSES: SOUTHERLY 18.41 FEET ALONG A NON-TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 514.00 FEET, A RADIAL LINE TO THE BEGINNING OF SAID CURVE BEARS, NORTH 65° 13' 52" WEST, THROUGH A CENTRAL ANGLE OF 2° 03' 07", NON-TANGENT FROM SAID CURVE, NORTH 88° 00' 43" WEST 38.31 FEET, SOUTHERLY 154.94 FEET ALONG A NON-TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 550.00 FEET THROUGH A CENTRAL ANGLE OF 16° 08' 27", SOUTH 05° 09' 47" WEST 172.10 FEET, AND NORTH 89° 02' 31" WEST 647.94 FEET; THENCE ALONG THE BOUNDARY OF SAID LOTS 58 AND 54, THE FOLLOWING COURSES: NORTH 0° 41' 23" EAST 684.36 FEET, NORTH 0° 39' 48" EAST 96.14 FEET, NORTH 0° 41' 13" EAST 508.34 FEET AND SOUTH 89° 18' 50" EAST 751.43 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF SAID LAND DEEDED TO THE CITY OF ENCINITAS BY QUITCLAIM RECORDED DECEMBER 17, 2002, AS FILE NO. 2002-1153619 OFFICIAL RECORDS.PARCEL B:AN EASEMENT FOR INGRESS AND EGRESS, FENCING, PARKING, UTILITIES, LANDSCAPING, DRAINAGE AND ANY OTHER USE PERMITTED UNDER THE APPLICABLE ZONING CODES, 10.00 FEET WIDE, OVER THAT PORTION OF PARCEL 58 OF LOT LINE ADJUSTMENT NO. 98-181 BA IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED JANUARY 22, 1999 AS FILE NO. 1999-0036120 OF OFFICIAL RECORDS OF SAID COUNTY, THE WESTERLY LINE OF WHICH IS DESCRIBED AS FOLLOWS:BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL; THENCE SOUTH 1° 20' 53" WEST 953.59 FEET ALONG THE WESTERLY LINE OF SAID PARCEL TO THE SOUTHERLY CORNER THEREOF.EXCEPT THAT PORTION INCLUDED WITHIN QUAIL GARDENS DRIVE.APN: 254-612-12-00


EXHIBIT "B"Resolution No. PC 2020-27

Case Nos. MULTI-003524-2019, SUB-003526-2019, DR-003528-2019 & CDP-003529-2019

Applicant: Nolen CommunitiesLocation: 1150 Quail Gardens Drive

SC1 SPECIFIC CONDITIONS:

SCA The following Planning-related conditions shall be completed and/or fulfilled to the satisfaction of the Development Services Department:

1. The project shall comply with EMC Section 23.12.110 (Adoption of the 2019 California Green Building Standards Code, Part 11, Title 24 of the California Code of Regulations) for new non-residential buildings. For any new non-residential building, at least eight percent of the total number of parking spaces provided for all types of parking facilities, but in no case less than one, shall be electric vehicle charging spaces (EV spaces). Each EV space shall be equipped with fully operational electric vehicle supply equipment (EVSE). Calculations for the required number of EV spaces shall be rounded up to the nearest whole number. Building construction plans shall demonstrate compliance prior to the issuance of building permits for the project.

2. The total project landscape area shall consist of at least 50 percent native species.

3. Per Encinitas Municipal Code Sections 30.16.020(C)9 and 30.41.090 B, the developer/applicant shall enter into an Affordable Housing Agreement with the City, in a form approved by the City Attorney, to be executed by the City Manager, to ensure that the requirements of the City’s codes and State Density Bonus and Health and Safety law are satisfied.

4. The Affordable Housing Agreement shall guarantee the affordability of the affordable units for a minimum of 55 years for the 15 density bonus affordable units and in perpetuity for the remaining 25 inclusionary affordable units as required by Encinitas Municipal Code. Longer periods of affordability may be warranted if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program.

5. The Affordable Housing Agreement shall specify the timing of construction and issuance of certificates of occupancy for market rate units relative to deed restricted affordable units, identify the type, size, rent restrictions and location of each affordable unit; and shall specify phasing of the affordable units in relation to the market-rate units.

6. The owner/applicant shall coordinate with the Development Services Department to demonstrate compliance with Encinitas Municipal Code Section 30.16.020C10a The timing of issuance of building permits and certificate of occupancy for the affordable units shall consider the market needs of the owner/applicant with the timing of permit issuance and construction of the market rate units while guaranteeing the construction of the affordable unitsprior to occupancy of the market rate units to the satisfaction of the Development Services Department.


7. Affordable units shall be comparable in exterior appearance and overall quality of construction to market-rate units in the same housing development. Interior finishes and amenities may differ from those provided in the market rate units, but neither the workmanship nor the products may be of substandard or inferior quality as determined by the city.

8. A minimum of four conventional bike rack locations throughout the development site to accommodate a minimum of 20 bicycles shall be required and locations approved by the Development Services Department.

9. Parking for the restaurant and agricultural uses are shared between Lots 2 and 3. A reciprocal parking access agreement shall be established if Lots 2 and 3 are not under the same ownership.

10. The maximum capacity of events on-site is 57 people when the restaurant is open. The maximum capacity is 175 people when the restaurant is closed. A parking study must be submitted to the City for any events beyond these capacities.

11. The Cottage and Carriage units shall provide alternative options of stain color wood accents to ensure there is adequate variety in appearance to those units.

12. All events in the non-residential areas shall conclude at 10 p.m.

13. The requirements and restrictions of the State Department of Alcoholic Beverage Control (ABC) license issued for the restaurant and outdoor patio/deck areas shall be in addition to this approval.

14. The alcohol service area(s) shall be conducted in the non-residential use area (Lot 2) areas 3, 5, 9, 11, 13 and 16 as depicted on Sheet L1.2, Conceptual Landscape Plan per the project plans dated December 9, 2020. No consumption or service of alcohol shall take place in any areas not specifically authorized as part of this approval.

15. The quarterly gross sales of alcoholic beverages at the restaurant shall not exceed 50 percent of the quarterly gross sales of all food products during the same period. The applicant shall submit evidence to the Development Services Department on an annual basis to demonstrate compliance with the quarterly gross sales limitation for alcoholic beverages.

16. This permit is strictly limited to allow only the occupant load for the premises as approved by the City of Encinitas Fire Department. Occupant loads approved by the City of Encinitas Fire Department shall be posted at all times.

17. Upon a change to the business model, uses and restrictions as approved and conditioned herein, the approval of the alcohol service shall be reviewed by the Development Services Department for compliance with conditions of approval or to determine whether a modification to this approval is necessary.

18. The applicant shall ensure that no patron exhibiting observable signs or behaviors consistent with intoxication is furnished with alcohol and that restaurant policies shall reserve the right of the establishment to deny alcohol service to any patron.


19. The applicant is responsible at all times for verifying the legal age of patrons, monitoring the behavior of patrons, and taking appropriate actions to deter conduct that may threaten the health, safety or welfare of patrons or property.

20. No individual under 21 years of age, or without proper identification, shall be served or sold alcohol.

21. The site shall be maintained in a neat and orderly manner at all times.

22. No sales of alcoholic beverages for consumption off-premises is authorized through this permit unless public convenience or necessity findings are made by the Development Services Department.

23. No pool tables or coin-operated amusement devices shall be permitted, maintained or operated on the premises.

24. Dancing shall be prohibited on the premises unless associated with an event.

25. Entertainment shall be located in the areas analyzed for entertainment uses as part of this approval; specifically within Lot 2 within locations 3, 5, 9, 11, 13, and 16 as depicted on the Conceptual Landscape Plan Sheet L1.2 stamped with Development Services approval. Entertainment shall be limited to the types of entertainment indicated in the project description and specifically authorized herein including private parties such as weddings and educational events associated with schools or similar.

26. To address complaints and minimize the need for Sheriff’s Department response to minor issues, the applicant shall have a manager on premises at all times when entertainment is performed and shall be available to be contacted by a City representative and/or adjacent property owner or tenant.

27. The operation of the restaurant as approved herein shall not be converted to any other use including but not limited to a bar, dance floor, band stage/station, Disc Jockey station, etc.,

28. Alcohol sales are an accessory use to the principal restaurant use. Failure to operate alcohol sales as an accessory use to the principal use may result in reconsideration of this approval.

29. The subject alcoholic beverage serving establishment shall automatically become a Deemed Approved Activity as per Encinitas Municipal Code (EMC) Section 9.27.050 and shall comply with Deemed Approved Performance Standards prescribed in EMC Section 9.27.070. Failure to comply with the standards will result in enforcement actions and possible revocation of the Deemed Approved Status. In the event the Deemed Approved Status is revoked, the Development Services Department shall cause a noticed hearing to be set before the authorized agency to determine whether the City of Encinitas should modify or revoke this approval.

30. Business shall be conducted in a manner that will not violate any provisions of the California Alcoholic Beverage Control Act, providing against the sale of alcohol to minors; maintaining the public health, morals, convenience, and safety; and taking


reasonable steps to correct any objectionable conditions on the premises and immediately adjacent to the premises.

31. The applicant shall ensure the long-term preservation of the agricultural area and associated uses in perpetuity in order to continue the historic agricultural traditions of the City of Encinitas. The approximately 5.5-acre agricultural lot shall be permanently owned and maintained by the Master Homeowners Association (“Master Association”).

32. Nolen Communities and any future owners shall not utilize the agricultural component of the project to cultivate, manufacture, or distribute cannabis.

33. The emergency access gate at the intersection of Sidonia Street and Guildford Court shall not be converted to a general access point in the future.

34. Events within the agricultural amenity area shall be subject to noise monitoring during the first year of operations, with the project applicant required to submit a summary noise report to the Development Services Department (and a copy of the noise report to any Resident who requests it) at the end of the first year to ensure noise levels at the nearest residential property line outside the Project area do not exceed the noise standards imposed by the City’s Performance Standards (Chapter 30.40 of the City of Encinitas Municipal Code). If noise levels exceed what is allowed under the Performance Standards, the project applicant will propose and implement additional measures and monitoring (to the satisfaction of the City Development Services Department) to ensure future compliance with City standards.

35. The Project’s Covenants, Conditions, and Restrictions (“CC&Rs”) shall require that all garage parking spaces be used for vehicle parking and not for storage where a vehicle should otherwise be parked, and that Project residents utilizing surface parking spaces shall be required to post parking permit placards on their vehicles.

36. An agricultural or conservation easement shall be placed over the farm portion of the project such that the farm portion of the project shall be restricted to agricultural and/or open space uses in perpetuity.

37. The project applicant shall not allow construction crews to utilize Sidonia Street as an access point to the project site, except for the Sidonia Street roadway improvements and utility connections which are components of the project.

38. No sale, consumption or service of alcohol shall be permitted in the public right-of-way in accordance with Section 9.28.010 of the Municipal Code.

39. Sales, service, and consumption of alcoholic beverages shall only be permitted between the hours of 10 a.m. and 10 p.m., Monday through Sunday.

40. The use of the site shall comply with the City of Encinitas noise regulations and all other performance standards (EMC Chapters 9.32 and 30.40) at all times.

41. At all times when alcoholic beverages are sold, served, or consumed, food services shall be available to patrons upon request. Alcohol sales and service shall always remain accessory to the principal restaurant use.


42. No licensee, manager or server shall sell, serve or deliver to a patron any alcoholic beverage unless he or she has completed Responsible Beverage Service and Sales (RBSS) training conducted by the California Department of Alcoholic Beverage Control or by a certified RBSS training provider in accordance with Chapter 9.43 of the Municipal Code.

43. Prior to final occupancy, bicycle spaces shall be evenly distributed throughout the project to the satisfaction of the Development Service Department.

44. The California Room for the cottage units shall not be converted to floor area in order to maintain the required maximum unit size.

45. A private gate shall be installed at the northwest corner of the project site between the BMP areas in order to maintain a continuous fencing along this portion of the project site.

46. The restaurant shall be maintained as a farm-to-table restaurant utilizing a substantial amount of local farm products to the satisfaction of the Development Services Department.

47. An open space agricultural easement shall be placed in perpetuity over the growing fields. Improvements within the open space easement shall be limited to in-ground agriculture growing and greenhouses only and no other permanent structures shall be permitted within the approximate 5-acre field area.

48. Prior to grading permit issuance, owner/applicant shall coordinate with the Development Services Department to maximize the preservation of mature trees wherever possible.

SCB The following engineering-related conditions shall be completed and/or fulfilled to the satisfaction of the Development Services Department:

1. Prior to the recordation of the Subdivision Map, the owner shall be responsible for the construction of public improvements along the property frontages of Sidonia Street, Quail Gardens Drive and Leucadia Boulevard. A Public Improvement Plan shall be submitted including the following improvements:

a) The property frontage of Sidonia Street shall be widened to 36 feet from curb to curb. For water quality, the eight-foot wide parking area shall be constructed of pervious pavers. A standard parkway with contiguous sidewalk shall be constructed. The applicant shall provide full AC overlay along the property frontage. The entrance to the subdivision shall be a standard public & private road intersection with 20 feet curb return radii with ADA compliant pedestrian ramps. Streetlights shall be constructed as required by the City Traffic Engineer. The existing storm drain shall be extended from Saint Albans Drive, replacing the existing 18-inch CMP pipe, to the subject property.

b) The property frontage of Quail Gardens Drive shall be improved including replacement of the asphalt path with standard concrete sidewalk along the entire property frontage. The entrance to the subdivision shall be reconstructed as a standard public and private road intersection with 20 feet radii curb return with


ADA compliant pedestrian ramps. The existing driveway apron to the south shall be demolished and reconstructed with curb and gutter.

c) The existing pedestrian ramps along the Leucadia Boulevard shall be replaced with new ADA compliant pedestrian ramps.

d) The existing private sewer shall be demolished within the subject property and new sewer main shall be constructed to City of Encinitas standards tying into the existing sewer main in Leucadia Blvd.

e) The developer shall underground all overhead public utility lines, including electric, cable, telephone, fiber optic, and any other similar wire, and remove all existing utility poles and appurtenances along the Quail Gardens Drive property frontage, the sidelines of the property, as well as any utility lines running through the site or in an adjacent easement. A dry utility plan shall be included with the grading permit application. Clearly call out the pole numbers and all wires to be constructed underground.

2. The applicant shall dedicate to the City of Encinitas a Public Sewer Easement subject to the terms and conditions set forth in the City of Encinitas Resolution No. 2009-54 adopted October 28, 2009 per the Subdivision Map. A 20-foot wide easement shall be dedicated from within the new private road, and any other course, to an existing public sewer easement or public right-of-way.

3. The applicant shall record a Private Road and Drainage Facilities Maintenance Agreement as well as a Stormwater Treatment BMP Facility Maintenance Agreement to ensure the continued maintenance of the HOA owned and shared facilities including but not limited to roads, storm drain facilities, landscaping, stormwater basin, streetlights, park areas, etc. The CCRs shall be reflective of this requirement.

4. The applicant shall provide adequate maintenance vehicle access to the proposed bioretention basins, storage tank and all public cleanouts. Over time, the bioretention basins must be amended and/or the surface material removed and replaced. The access shall be a minimum of eight feet wide and shall be surfaced with a non-erodible material such as reinforced gravel or PCC.

SCC The following traffic-related conditions shall be completed and/or fulfilled to the satisfaction of the Development Services Department:

1. At the Saxony Road/Leucadia Boulevard intersection, the applicant shall modify the traffic signal operations to convert the northbound and southbound approaches from protected left-turn operation to protected-permissive left turn operations.

2. At the Garden View Road/Leucadia Boulevard intersection optimize or install traffic systems management strategizes (such as adaptive signal timing) to the satisfaction of the Director of Development Services. Signal optimization could include reoptimizing cycle lengths and/or signal splits to better accommodate future traffic demand along the corridor.

3. Reconstruct the median on Quail Gardens Drive north of the Quail Gardens Drive/Leucadia Blvd intersection to lengthen the southbound left turn storage by 25 feet.

4. The applicant shall pay Traffic Mitigation Fees.


G1 STANDARD CONDITIONS:

CONTACT THE DEVELOPMENT SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S):

MAPS 01 Approval of the Tentative Map and all associated permits will expire on December 17, 2023 at 5 p.m., three 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.

MAPS 03 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.

A 04 This project is conditionally approved as set forth on the application and project drawings stamped received by the City on December 9, 2020, consisting of 93 sheets including the Cover Sheet (T0.0), Tentative Parcel Map Sheet (T1.1), Sheet Index (T1.2), Sample Residential Renderings (T1.3), Preliminary Grading Plan (C1.2), Preliminary Utility Plan (C1.3), Preliminary Improvement Plans (C1.4 – C1.6), Slope Analysis (C1.7), Fire Access Plan (C1.8), Landscape Sheets (L1.1 – L1.9), Conceptual Details & Elevations (L1.10-L.12) Fencing Plan (L1.13), Conceptual Lighting Plans (CS-1 – CS-6), Reference Site Plans- Setbacks, Ground Floor and Top Floor (A1.11 – A1.13), Public Open Space (A1.2), Development Summary (A1.3), General Notes (A1.4), 6-Plex Floor Plans, Roof Plan, Elevations, Private Open Space, Parking & Storage Exhibits (A2.1.1 – A2.1.4), 7-Plex Floor Plans, Roof Plan, Elevations, Private Open Space, Parking & Storage Exhibits (A2.2.1 – A2.2.4), 13-Plex Floor Plans, Roof Plan, Elevations, Private Open Space, Parking & Storage Exhibits (A2.3.1 – A2.3.5), Area Calculations – For Sale (A2.4.0), 4-Plex Townhouse Floor Plans, Roof Plan, Elevations, Private Open Space, Parking & Storage Exhibits (A2.4.1 – A2.4.6), 5-Plex Townhouse Floor Plans, Roof Plan, Elevations, Private Open Space, Parking & Storage Exhibits (A2.5.1 – A2.5.6), Cottage/Carriage Floor Plans, Roof Plan, Elevations, Window Conditions, Special Interior Features and Eave Conditions (A2.6.1 – A2.6.14), Recreation Center Floor Plans, Roof Plan and Elevations (A2.7.1 – A2.7.5), Farmstand/Restaurant Floor Plan, Roof Plan and Elevations (A2.8.1 – A2.8.4), Community Center Venue Plans (A2.9.1 – A.2.9.3), Farm Operations Plans (A2.10.1 – A2.10.3) and Color & Material Board (A3.1), all designated as approved by the Planning Commission on December 17, 2020, and shall not be altered without express authorization by the Development Services Department.

A 08 Approval of this request shall not waive compliance with any sections of the Municipal Code and all other applicable City regulations in effect at the time of Building Permit issuance unless specifically waived herein.

A 09 Prior to any use or issuance of final occupancy of the project site pursuant to this permit, all conditions of approval contained herein shall be completed or secured to the satisfaction of the Development Services Department.

A 10 Permits from other agencies will be required as follows: County Health Department / Alcohol Beverage Control


CT/SO 01 Construction Trailers/Sales Office: Any and all temporary construction trailers or sales offices, used during the course of development, shall be removed prior to the issuance of the final Certificate of Occupancy to the satisfaction of the Development Services Department.

COV 01 Covenants: Prior to Grading Permit issuance or recordation of the Final Map the owner shall cause a covenant regarding real property to be recorded. Said covenant shall set forth the terms and conditions of this grant of approval and shall be of a form and content satisfactory to the Development Services Director.

DR 01 Design Review: 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.

DR 02 Design Review: 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.

DR 03 Design Review: 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.

DR 04 Design Review: 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).

DF 01 Development Fees: 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 / Building Permit issuance / Building Permit final inspection / issuance of a Certificate of Occupancy / initiating use in reliance on this permit / Grading Permit issuance to the satisfaction of the Development Services Department. The applicant is advised to contact the Development Services Department regarding Park Mitigation Fees, 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.

EM 01 Electrical and Mechanical Equipment: All roof-mounted equipment and appurtenances, including air conditioners and their associated vents, conduits and other mechanical and electrical equipment, shall be architecturally integrated, and shall be shielded from view and sound buffered to the satisfaction of the Development Services Department. Note: All rooftop equipment shall be


assumed visible unless demonstrated otherwise to the satisfaction of the Development Services Department, and adequate structural support shall be incorporated into building design. Rooftop vent pipes shall be combined below the roof and shall utilize decorative caps where visible from any point.

EM 02 Electrical and Mechanical Equipment: All ground-mounted mechanical and electrical equipment shall be screened, and sound buffered through use of a wall, fence, landscaping, berm, or combination thereof and shall be designed to be compatible with the primary building’s exterior to the satisfaction of the Development Services Department.

ER 01 Encinitas Ranch Community Facilities District No. 1: The developer shall submit an application to the City Manager for assignment of special tax status and property designation for each parcel within the proposed development. Any property that is designated Public Property shall prepay the associated special tax prior to Certificate of Occupancy. The application shall include the following information: a) Acreage associated with Public Property i. Public streets ii. Public parks or open space iii. Other public areas. b) Acreage associated with Property Owner Association Property i. Private streets ii. Parks iii. Other common areas. c) Size of individual lots created by the subdivision map. d) The square footage of homes or buildings to be constructed on lots. If the square footage is not known at the time of Final Map approval, then this information shall be submitted to the City Manager prior to issuance of Building Permits. e) The number of proposed affordable dwelling units and the acreage of the lots upon which said affordable dwellings units are constructed. Under Section “E” of the “Amended and Restated Rate and Method of Apportionment of Special Taxes for City of Encinitas Community Facilities District No. 1 (Encinitas Ranch Public Improvements)” (“Rate and Method” hereafter), a total of 445.4 acres of Public Property and Property Owner Association Property could be exempted from the obligation for the Special Tax. The Rate and Method also exempted from the Special Tax up to a total of 75 dwelling units located on up to 3.5 acres of Affordable Housing Property. The City Manager determined tax exempt status and irrevocably assigned tax exemptions in the chronological order in which the property was designated Public Property, Property Owner Association Property, or Affordable Housing Property. As of June 23, 2000, all of the 445.4 acres of Public Property and Property Owner Association Property and all of the 3.5 acres of Affordable Housing Property have been designated. Hereafter, property that is submitted for tax-status assignment will be handled in the following manner: Public Property: Property that is designated Public Property will be required to prepay the associated Special Tax prior to Certificate of Occupancy. Homeowner Association Property: Homeowner Association Property will be designated “Taxable Property Owner Association Property” and will be subject to the Special Tax. Affordable Housing: Property that is classified by the City of Encinitas as affordable will be subject to the Special Tax. The developer has the option of requesting a prepayment calculation for a nominal fee.

EPS 01 EPS Ban: The use of Expanded Polystyrene (EPS) disposable food service ware containers shall be prohibited in accordance with Chapter 11.27 (Prohibition on the Use of Polystyrene Disposable Food Service Ware) of the Municipal Code.


GWS 01 Greywater Systems: Newly constructed single-family dwelling units (Carriage and Cottage units) shall be pre-plumbed for a greywater system permitted and constructed in accordance with Chapter 15 of the California Plumbing Code and including a stub-out in a convenient location for integration of the greywater system with landscape irrigation systems and accepting greywater from all sources permissible in conformance with the definition of greywater as per Section 14876 of the California Water Code. Exception: A greywater system shall not be permitted where a qualified soils engineer determines in a written, stamped report, or percolation test shows, that the absorption capacity of the soil at the project site is unable to accommodate the discharge of a greywater irrigation system.

GWS 02 Greywater Systems: The greywater system shall be identified on the Building Permit construction plans and installed to the satisfaction of the Building Official prior to Final CO or occupancy.

HC 01 Height Certification: Prior to issuing a final inspection on framing, the applicant shall provide a survey from a licensed surveyor or a registered civil engineer verifying that the building height is in compliance with the approved plans. The height certification/survey shall be supplemented with a copy of the site plan and elevations depicting the exact point(s) of certification to the satisfaction of the Development Services Director. The engineer/surveyor shall contact the Development Services Department to identify and finalize the exact point(s) to be certified prior to conducting the survey.

H 01 Housing: Projects involving a subdivision or development proposal involving 20 or more residential units shall be required to provide an Affirmative Fair Housing Marketing Plan or provide evidence that the developer/builder is a Voluntary Affirmative Marketing Agreement (VAMA) signatory and has paid the required per unit fee for VAMA administration. The Affirmative Fair Housing Marketing Plan/evidence of being a VAMA signatory must be found satisfactory by the Development Services Department prior to approval of a Final Map, Final Parcel Map, or issuance of Building Permits, whichever comes first.

H 05 Affordable units shall be comparable in exterior appearance and overall quality of construction to market-rate units in the same housing development. Interior finishes and amenities may differ from those provided in the market rate units, but neither the workmanship nor the products may be of substandard or inferior quality as determined by the City. The number of bedrooms of the affordable units shall at least equal the minimum number of bedrooms of the market-rate units.

I 01 To the maximum extent permitted by law, the Owner(s) shall waive any claims of liability against the City, and shall indemnify, hold harmless and defend the City of Encinitas, and its agents, officers and employees from and against any and all actions, claims, damages, liabilities and/or proceedings arising from: (i) the City’s approval of any and all entitlements or permits relating to the project; (ii) any injury to or death of any person, or damage or injury of any kind to property which may arise from or be related to the direct or indirect operations of the Owner(s) or its contractors, subcontractors, agents, employees, or other persons acting on the Owner(s)’s behalf relating to the project; and (iii) the operation of the project.


The Owner(s) agree to execute an indemnity agreement provided by the City prior to recordation of the Final Parcel Map / Grading Permit issuance and the Development Services Director, or designee, is hereby authorized to execute the same. The Owner(s) further agree that such indemnification and hold harmless shall include all defense related fees and costs associated with the defense of the City by counsel approved by the City. This indemnification shall not terminate upon expiration of the conditions of approval or completion of the project, but shall survive in perpetuity.

L 01 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.

L 02 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 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).

L 03 All landscaping for parking areas and driveways shall conform with Chapter 30.54 of the Municipal Code and the City’s Off-street Parking and Design Manual incorporated by reference therein.

L 04 All landscaping, fences, walls, etc. on the site and 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/homeowner’s association. 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.

L 05 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. The certificate shall specifically indicate that plants were installed as specified and that the irrigation system was installed as designed. The certificate of substantial completion shall be completed and signed by a State licensed landscape architect, landscape contractor, or an irrigation designer who also holds a State license in the landscape field.


MMRP 01 Mitigation Monitoring and Reporting Program: The Mitigation Monitoring and Reporting Program (MMRP), as set forth in the Resolution No. 2020-X herein referenced, shall be implemented by the project applicant or developer.

MH 01 Model Homes/Sales: Model homes, in a number not to exceed that necessary to provide an example of each dwelling type being offered, may be allowed in accordance with 30.46.100 of the Municipal Code. That Section provides that Building Permits may not be issued for model homes until a Final Map has been recorded, or, in the alternative, that a Final Parcel Map has been submitted which the Development Services Director has determined to be in conformance with the approved Tentative Parcel Map and technically correct. In addition, that Section provides that prior to issuance of Building Permits for model homes, the applicant shall provide a site plan to the satisfaction of the Development Services Department, indicating, among other things, the location of the model homes and their relation to off-street parking, vehicular and pedestrian access, and existing and all known future development in surrounding areas.

MH 02 Model Homes/Sales: Model homes shall include at least one model designated as a “Water Efficient Landscape Model” in accordance with Section 23.26.110 of the Municipal Code, featuring elements such as hydro zones, irrigation equipment, and other elements which contribute to overall water efficiency pursuant to Chapter 23.26 of the Municipal Code.

MH 03 Model Homes/Sales: All sales maps that are distributed or made available to the public shall include but shall not be limited to trails, future and existing schools, parks, streets, and all other adjacent and all known future development.

MAPS 07 Requests for street names shall be submitted by an applicant/owner to the City for review and approval. Street names shall be approved by the City prior to the recordation of the Final Parcel Map.

MAPS 08 Requests for street addresses shall be submitted by an applicant/owner to the City for review and approval. Street addresses shall be provided by the Development Services Department prior to the issuance of Building Permits.

P01 Parking/Parking Lots/Garages: Parking lot lights shall have a maximum height of 18 feet from the finished grade of the parking surface, and the light source shall be directed away from all property lines, adjacent streets and residences.

P02 Parking/Parking Lots/Garages: Parking lot layout and improvements shall meet the standards of the Municipal Code and the Off-Street Parking Design Manual.

P03 Parking/Parking Lots/Garages: Parking area shall be screened from adjacent properties and/or public view with decorative wall(s) and/or landscaping. Said screening shall be reviewed and approved by the Development Services Department prior to Building or Grading Permit issuance.

SSO 01 Security, Safety and Operations: Prior to issuance of a Grading Permit, a Security, Safety, and Operations plan shall be submitted and approved by the Development Services Department and the Fire Department. Such plan shall include, but not be limited to, the following items (as applicable): site location,


owner info, 24-hour emergency contact info, safety and perimeter fencing, access location(s), loading/unloading zones, onsite/offsite circulation, worker parking and signage, temporary parking lot location/design, neighborhood traffic flow, model home phasing and fencing, large vehicle turnaround areas, signage for haul routes per EMC 23.24.410, construction trailer location, hours of grading and building permit operations, City tree protection zones, hours of hauling (i.e. school routes, prime arterials, impacted streets, etc.), and construction phasing.

SIGN 01 Sign: Any signs proposed for this development shall be designed and approved in conformance with Encinitas Municipal Code Chapter 30.60.

SIGN 02 Sign: Temporary subdivision advertising signs and any model home and information signage shall be submitted to the Development Services Department for review and approval prior to issuance of Building Permits.

TE 01 Trash Enclosures: New or retrofitted trash enclosure(s) shall be constructed of masonry with an exterior compatible with that of the building(s) and shall be provided with view-obstructing solid metal gates as approved by the authorized agency. Adequate space for recyclable materials shall be provided within the enclosure in accordance with Municipal Code requirements. The applicant shall review the design of the trash enclosure with the service provider and receive approval prior to Building Permit issuance.

UTILITY 01 Utility Connections: All utility connections shall be designed to coordinate with the architectural elements of the site so as not to be exposed except where necessary. Locations of pad mounted transformers, meter boxes, and other utility related items shall be included in the site plan submitted with the Building Permit application with an appropriate screening treatment. Transformers, terminal boxes, meter cabinets, pedestals, ducts and other facilities may be placed above ground provided they are screened with landscaping.

UTILITY 02 Utility Connections: Building plans for all new residential units and commercial structures shall include installation of wiring for current or conduits for future installation of photovoltaic energy generation system(s) and an electric vehicle charging station.

WF 01 Walls and Fences. All retaining and other freestanding walls, fences, and enclosures shall be architecturally designed in a manner similar to the project plans approved herein dated December 9, 2020.These items shall be approved by the Development Services Department prior to the issuance of building and/or grading permits.

WF 02 Walls and Fences: Any wall, fence or combination thereof exceeding six feet in height and facing any neighboring property or visible from the public right-of-way shall be subject to design review pursuant to Section 23.08.040.A.1 of the Encinitas Municipal Code. Where a minimum two feet horizontal offset is provided, within which screening vegetation is provided to the satisfaction of the Development Services Department, the fence/wall may not be considered one continuous structure for purpose of measuring height and may be exempted from design review provided none of the offset fences or walls exceed six feet in height.


WF 03 Walls and Fences: All masonry freestanding or retaining walls visible from points beyond the project site shall be treated with a protective sealant coating to facilitate graffiti removal. The sealant shall be of a type satisfactory to the Development Services Department. The property owner shall be responsible for the removal in a timely manner of any graffiti posted on such walls.

B1 BUILDING CONDITION(S):


BLDG 01 The applicant shall submit a complete set of construction plans to the Development Services Department for building permit plan check processing. The submittal shall include a Soils/Geotechnical Report, structural calculations, and State Energy compliance documentation (Title 24). Construction plans shall include a site plan, a foundation plan, floor and roof framing plans, floor plan(s), section details, exterior elevations, and materials specifications. Submitted plans must show compliance with the latest adopted editions of the California Building Code (The Uniform Building Code with California Amendments, the California Mechanical, Electrical and Plumbing Codes). Commercial and Multi-residential construction must also contain details and notes to show compliance with State disabled accessibility mandates. These comments are preliminary only. A comprehensive plan check will be completed prior to permit issuance and additional technical code requirements may be identified and changes to the originally submitted plans may be required.

E1 ENGINEERING CONDITIONS:


Grading

GRD 01 Grading – Regulations: All City Codes, regulations, and policies in effect at the time of building/grading permit issuance shall apply.

GRD 02 Grading – Datum: All drawings submitted for Engineering permits are required to be based on the NAVD 88 datum; the NGVD 29 datum will not be accepted.

GRD 03 Grading – Plan: The applicant shall submit a Grading Plan for review and obtain a Grading Permit prior to the commencement of any clearing or grading of the site. The Grading Plan shall include, but not be limited to, the design for site grading, drainage improvements, erosion control, stormwater pollution control, and on-site pavement.

GRD 04 Grading – Responsible Charge: The grading for this project is defined in Chapter 23.24 of the Encinitas Municipal Code. Grading shall be performed under the observation of a civil and geotechnical engineer whose responsibility it shall be to coordinate site inspection and testing to ensure compliance of the work with the approved grading plan, submit required reports to the Development Services


Department and verify compliance with Chapter 23.24 of the Encinitas Municipal Code.

GRD 05 Grading – Offsite Authorization: No grading shall occur outside the limits of the project boundary and easements unless a letter of permission is obtained from the owners of the affected properties and provided to the Development Services Department.

GRD 06 Grading – Borrow/Disposal Sites: Separate grading plans shall be submitted and approved, and separate grading permits issued for borrow or disposal sites if located within the city limits. Import material shall be free of organic material, trash, debris, and environmental contaminants.

GRD 07 Grading – Slopes: All newly created slopes within this project shall be no steeper than 2:1.

GRD 09 Grading – Reports: Geotechnical, Drainage/Hydrology, Stormwater Quality, and Traffic studies/report (as applicable) shall be prepared by a qualified engineer licensed by the State of California to perform such work. The reports shall be submitted with the first grading plan submittal and shall be approved prior to issuance of any grading or improvement permit for the project.

GRD 10 Grading – Haul Route: Prior to hauling dirt or construction materials to any proposed construction site within this project the developer shall submit to and receive approval from the Development Services Department for the proposed haul route. The applicant shall comply with Municipal Code section 23.24.410 as well as all conditions and requirements the Development Services Department may impose with regards to the hauling operation.

GRD 13 Grading – Structural Review: All proposed temporary shoring and/or non-standard structural retaining wall shall be included as part of the grading plans and will be reviewed by the City’s third-party reviewer. Additional plan check fees shall be required.

Drainage Conditions

DRAIN 01 Drainage – Erosion Control: An erosion control system shall be designed and installed onsite during all construction activity. The system shall prevent discharge of sediment and all other pollutants onto adjacent streets and into the storm drain system. The City of Encinitas Stormwater Standards Manual shall be employed to determine appropriate stormwater pollution control practices during construction.

DRAIN 02 Drainage – Drainage System: A drainage system capable of handling and disposing of all surface water originating within the project site, and all surface waters that may flow onto the project site from adjacent lands, shall be required. Said drainage system shall include any easements and structures required by the Development Services Department to properly handle the drainage.

DRAIN 03 Drainage – Flood Control Fee: Pursuant to Municipal Code Chapter 23.96, the applicant shall pay the current adopted Flood Control Fee for the creation of new


impervious surfaces prior to issuance of the building or grading permit for this project to the satisfaction of the Development Services Department.

DRAIN 04 Drainage – Hold Harmless: The owner of the subject property shall execute and record a covenant holding the City harmless for drainage prior to approval of any grading or building permit for this project.

DRAIN 05 Drainage – Concentrated Flows Concentrated flows across driveways and/or sidewalks shall not be permitted.

DRAIN 06 Drainage – Flow Rate: The drainage system shall be designed to ensure that runoff resulting from a 100-year frequency storm underdeveloped conditions is equal to or less than the runoff from a storm of the same frequency and duration under existing conditions. Both 6 hour and 24-hour storm durations shall be analyzed to determine the mitigation necessary to accomplish the desired results.

Street Conditions

ST 01 Street – Right-of-Way Permit: Prior to any work being performed in the public right-of-way or City easement, a right-of-way construction permit shall be obtained from the Development Services Department and appropriate fees paid, in addition to any other permits required.

ST 02 Street – Encroachment Agreement: Private improvements constructed within the present or future public right-of-way shall be considered temporary. The owner shall enter into an Encroachment Maintenance and Removal covenant agreeing to maintain the improvements in perpetuity and to remove those improvements at the direction of the City.

ST 03 Street – Dedication General: The owner shall dedicate to the City of Encinitas all public streets and easements required by these conditions or shown on the site development plan. The offer shall be made by execution of an easement document or by a certificate on the Map or Parcel Map prior to issuance of any building/grading permit for this project. All land so offered shall be dedicated 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.

ST 07 Street - Public Easement for Private Streets: The owner shall dedicate a Public Easement for Private Streets to the City of Encinitas subject to the terms and conditions set forth in the City of Encinitas Resolution 2009-53 over the private road. Said easement grants to the City of Encinitas public rights-of-way uses such as, but not limited to public utilities, signage, trash collection and emergency vehicles.

ST 08 Street – Private Maintenance Agreement: The owner(s) shall record a Private Road and Drainage Facilities Maintenance Agreement against the subject property to ensure private maintenance in perpetuity.

ST 11 Street – Structural Section: The design of all private driveways and drainage systems shall be approved by the Development Services Department prior to issuance of any grading, improvement or building permit for this project. The


structural section of all private streets shall conform to City of Encinitas minimum standards or be based on R-value tests, whichever is greater.

ST 20 Street – Pedestrian Ramp: Standard ADA compliant pedestrian curb ramps shall be required at the curb returns for the public/private road. A public pedestrian easement will be required for any portion of the curb ramp within private property.

ST 21 Street – ADA General: All paths of travel, sidewalks, curb ramps, pedestrian ramps, driveway aprons, etc. shall be designed and constructed in compliance with ADA standards. Prior to completion of the project, each and every facility shall be inspected against the City’s Public Right-of-Way Curb Ramp Inspection form.

ST 23 Street – Improvement Plans: All required public improvements shall be designed on a Public Improvement Plan approved by the City and permitted with a Public Improvement Permit. Adequate financial surety shall be posted prior to issuance of a Public Improvement Permit.

ST 25 Street – Public Improvement Repairs: Any portion of the existing sidewalk or any other public improvements damaged during construction shall be repaired and/or replaced to the next joint to the satisfaction of the Development Services Department.

ST 26 Street – Public Facility Protection: All street signs, lights, lamps, utilities, etc. located within the public right-of-way shall be protected in-place during construction or replaced to the satisfaction of the Development Services Department.

ST 27 Street – Street Trees: The removal of any and all City trees shall be consistent with Encinitas Municipal Code Chapter 15.02 and the City’s Urban Forest Management Program. Trees located within City street right-of-way, on City property, or within City easements are referred to as City trees and shall be protected in place during construction unless specifically approved otherwise. No grading, excavation, or disturbance of city tree root systems shall occur within the City tree drip line area (the area from the trunk of a tree to the outermost edge of the tree canopy projection on the ground). If a City tree is not clearly labeled to be removed, it must be protected in place. Even if approved improvements conflict with a city tree, it must not be disturbed unless the plan is revised to address the tree removal.

ST 28 Street – Homeowners Association: A Homeowners Association shall be formed to accept the maintenance responsibility of all commonly owned facilities including but not limited to open space areas, the bioretention basin and all other stormwater treatment facilities, the private road and all improvements, and any private storm drain infrastructure. These areas shall be called out as “Non-buildable.” City staff shall review and approve the CC & R’s for the project prior to approval of the final subdivision map.

ST 29 Street – Mailbox: A centralized cluster style mailbox shall be located on private property in a location approve by the City and USPS.


ST 30 Streets – Traffic Control Plan: Prior to commencement of any work in the public right-of-way or other work that may cause a traffic disturbance, the applicant shall obtain approval of a Traffic Control Plan from the City’s Traffic Engineering division, as necessary.

ST 31 Streets – Striping Plan: A street striping plan shall be prepared and included with the public improvement plans.

Utilities Conditions

UT 01 Utility – Regulations/Coordination: The owner shall comply with all the rules, regulations, and design requirements of the respective utility agencies regarding services to the project. The owner shall be responsible for coordination with S.D.G. & E., AT&T, Cox, SDWD, OMWD, LWD, and all other applicable utility companies.

UT 02 Utility – Underground: All proposed utility services within the project shall be installed underground including existing utilities unless exempt by the Municipal Code.

UT 04 Utility – Underground Existing Facilities: The owner shall be responsible for the relocation and undergrounding of existing public utilities and appurtenances, as required including but not limited to pedestals, cabinets, vaults, poles, and guy wires.

UT 05 Utility – Underground Transmission Lines: The owner shall underground all overhead public utility lines, including electric, cable, telephone, fiber optic, and any other similar wire, and remove all existing utility poles and appurtenances along the property frontage, as well as any utility lines running through the site, side lines or in an adjacent easement per Chapter 23.36.120 of the Municipal Code. Undergrounding shall be extended to the next existing pole in order to provide for a net reduction of utility poles. Each facility shall be shown and called out on the grading/improvement plans and labeled as to be removed or constructed underground.

UT 07 Utility – Sewer Main Extension: Sanitary sewer may be available to serve this property if some additional infrastructure is provided. The applicant shall provide the necessary improvements and shall connect to the sanitary sewer system and shall pay all applicable capacity and permit fees.

UT 13 Utility – Separate Laterals: Separate sewer laterals shall be provided for each unit within the development.

UT 16 Utility – Existing & Proposed Facilities: The location of all utility facilities such as backflow preventers, transformers, etc. shall be plotted and adequate screening shall be provided to the satisfaction of the Development Services Department. Private facilities shall be located out of the public right-of-way to the maximum extent practicable. Any authorized encroachment into the public right-of-way will require an Encroachment Maintenance and Removal Covenant.


UT 19 Utility – Traffic Loops: The traffic loops shall be replaced within three (3) days of completing work in the area to current Caltrans standard to detect bicycles per Traffic Operations Policy Directive 09-06 at no cost to the City.

UT 20 Utility – Signal Conduit: Damage to traffic signal conduit or wiring shall be repaired immediately at no cost to the City.

Stormwater Pollution Control Conditions

STORM 01 Stormwater – SWPPP: Grading projects with a disturbed area of greater than one (1) acre must also meet additional requirements from the State Water Resources Control Board (SWRCB) and shall obtain coverage under the California State General Construction Permit. Those additional requirements may include filing a Notice of Intent (NOI) and preparing a Stormwater Pollution Prevention Plan (SWPPP), or a Small Site Low Erosivity Waiver to be submitted to the Water Board’s Stormwater Multiple Application and Report Tracking System (SMARTS).

STORM 02 Stormwater – LID BMPs: Best Management Practices shall be utilized for stormwater pollution and flow control per the City of Encinitas BMP Design Manual to the satisfaction of the Development Services Department. The Grading Plan/Permit Site Plan shall identify all landscape areas designed for stormwater pollution control and incorporate Low Impact Development (LID) BMP’s. A note shall be placed on the plans indicating that the BMP’s are to be privately maintained and the facilities not modified or removed without a permit from the City.

STORM 03 Stormwater – Post Construction BMP Required: The applicant shall provide permanent post construction stormwater quality treatment BMP facilities to collect and treat all runoff generated by all new and/or removed and replaced impervious surfaces prior to discharge from the subject site. A note shall be placed on the plans indicating that the BMPs are to be privately maintained and the facilities not modified or removed without a permit from the City.

STORM 05 Stormwater – Priority Development Project: The project shall be categorized as a Priority Development Project for purposes of stormwater quality and shall be subject to Hydromodification Management Plan requirements. A Stormwater Quality Management Plan (SWQMP) with detailed Drainage Management Area exhibit shall be submitted with the grading permit application. Treatment and flow control facilities shall be detailed on the plans. A note shall be placed on the plans indicating that the BMPs are to be privately maintained and the facilities not modified or removed without a permit from the City. A Stormwater Treatment Facility Maintenance Agreement shall be recorded against the subject property to ensure maintenance of the BMP / HMP facilities in perpetuity.

STORM 08 Stormwater – Stormwater Maintenance Agreement: A Stormwater Maintenance Agreement (SWMA) shall be required to ensure the professional maintenance, repair, and replacement of the stormwater quality BMP as necessary into perpetuity. The covenant shall also detail the funding mechanism for the required maintenance.


STORM 09 Stormwater – BMP Special Inspection: Special inspection of the BMP facilities by a licensed civil engineer in the State of California is required during construction. Prior to obtaining building occupancy an inspection report shall be submitted along with the Engineer’s Certification of Final Grading and Request for Field Clearance for Occupancy form to the Development Services Department verifying the size and depth of the excavation, gravel and engineered soil depth and material, storm drain pipe, overflow, and overall function of the facilities per the approved grading plan. The inspection report shall include any pertinent information including material receipts, survey data, inspection dates, etc. in order to detail the construction of the drainage facility.

STORM 11 Stormwater – Securities: Stormwater Quality Best Management Practice (BMP) facilities shall be designed and approved by the Development Services Department and secured with a performance bond prior to the issuance of a Grading permit for this project.

STORM 12 Stormwater – Roof Drains: For stormwater pollution control purposes, all runoff from all roof drains shall discharge onto grass and landscape areas prior to collection and discharge onto the street and/or into the public storm drain system unless directly connected to an adequately designed BMP facility to the maximum extent practical. Grass/landscape areas and BMPs designated for stormwater pollution control shall not be modified without a permit from the City. A note shall be placed on the plans indicating that the BMP’s are to be privately maintained and the facilities not modified or removed without a permit from the City.

STORM 13 Stormwater – Trash Enclosures: All existing and proposed trash enclosures shall be fitted to comply with Stormwater Best Management Practice requirements. The trash enclosures shall have an impervious, non-combustible roof that will not allow rainwater to enter the enclosure. The enclosure shall be lockable and locked when not in use. A wide berm shall be installed at all openings to hold in any liquids that escape from the dumpster and to prevent any flow of stormwater through the trash enclosure area. The berm can be designed wide and flat to allow rolling of the dumpster in and out. The enclosure shall be self-contained and may drain into the public sanitary sewer system if feasible. A separate building permit may be required for this structure.

Map Conditions

MAP 01 Map – General: A Final Subdivision Map or Parcel Map shall be prepared by a California licensed land surveyor or civil engineer licensed prior to January 1, 1982. The map or parcel map shall comply with Chapter 1 of the City of Encinitas Engineering Design Manual and the project boundary shall be tied to two City approved first order monuments on the North American Datum NAD 83, 1991.35 epoch.

MAP 03 Map – Single Phase: This project is approved specifically as 1 (single) phase.

MAP 05 Map – Improvement Securities: Public/private grading/improvement plans shall be approved, and adequate surety shall be posted prior to a public hearing for approval of the Map/Parcel Map. Prior to recordation of the Final/Parcel Map, a


Performance bond and Labor and Materials bond, or cash deposit, shall be posted for all the required public/private improvements and a covenant recorded against the subject property securing the improvements.

F1 FIRE CONDITIONS:

CONTACT THE FIRE DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S):

STANDARD CONDITIONS:

FIRE 01 STREET NUMBERS: Approved numbers and/or addresses shall be placed on all new and existing buildings and at appropriate additional locations as to be plainly visible and legible from the street or roadway fronting the property from either direction of approach. Said numbers shall contrast with their background, and shall meet the following minimum standards as to size: four inches high with a ½-inch stroke width for residential buildings, eight inches high with a ½-inchstroke for commercial and multi-family residential buildings, 12-high with a one-inch stroke for industrial buildings. Additional numbers shall be required where deemed necessary by the Fire Marshal, such as rear access doors, building corners, and entrances to commercial centers.

FIRE 03 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.

FIRE 05 All structures shall be provided with a Class “A” Roof covering to the satisfaction of the Encinitas Fire Department

FIRE 07 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: a) All wet and dry utilities shall be installed and approved by the appropriate

inspecting department or agency; b) As a minimum the first lift of asphalt paving shall be in place to provide a

permanent all-weather surface for emergency vehicles; c) Water supply for fire protection (fire hydrants and standpipes) shall be

installed, in service and accepted by the Fire Department and applicable water district.

FIRE 11 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) four-inch and two (2) 2 ½-inch NST outlets. Residential fire hydrants shall have one (1) four-inch NST outlet, and one (1) 2 ½-inch NST outlets.

FIRE 12 The applicant shall provide and maintain fire/fuel breaks to the satisfaction of the Encinitas Fire Department. Fire/fuel breaks size and composition shall be


determined by the Fire Department and shown on the improvement /grading plans and final map and building plans.

FIRE 13 The gradient for a fire apparatus access roadway shall not exceed 20 percent. Grades exceeding 15 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).

FIRE 14 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.

FIRE 16 Solar Photovoltaic systems (solar panels) shall be installed per the California Fire Code and Encinitas Fire Department requirements.

FIRE 17 Structures shall be protected by an automatic fire sprinkler system designed and installed to the satisfaction of the Fire Department.

FIRE 18 One- and two-family dwellings: Structures shall be protected by an automatic fire sprinkler system designed and installed to the satisfaction of the Fire Department. Plans for the automatic fire sprinkler system shall be approved by the Fire Department prior to installation.

FIRE 20 Fire apparatus access roads shall have an unobstructed width of not less than 24 feet, exclusive of shoulders, except for approved security gates in accordance with Section 503.6, and have an unobstructed vertical clearance of 13 feet 6 inches. Roads serving only residential dwellings, that are not within the Very High Fire Hazard Severity Zone, shall have an unobstructed with of not less than 20 feet. Residential driveways serving no more than two single-family dwellings shall have an unobstructed width of not less than 16 feet.

FIRE 21 All dead-end fire access roads in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus. A cul-de-sac shall be provided in residential areas where the access roadway serves more than four (4) structures. The minimum unobstructed paved radius width for a cul-de-sac shall be 36 feet in residential areas with no parking.

FIRE 23 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.


FIRE 24 All roadways shall be a minimum of 20 feet in width during construction and maintained free and clear, including the parking of vehicles, in accordance with the California Fire Code and the Encinitas Fire Department.

FIRE 25 Fire Department access roadways, when required, shall be properly identified as per Encinitas Fire Department 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.

SD1 SAN DIEGUITO WATER DISTRICT CONDITIONS:

CONTACT THE ENCINITAS SAN DIEGUITO WATER DISTRICT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S):

SDWD A 01 Agreement – Map: The developer shall enter into a secured agreement with SDWD prior to map recordation.

SDWD BF 01 Backflow – Commercial: Backflow preventers shall be installed on the water meters for the multi-units meeting SDWD standards. The location of the proposed backflow preventers shall be shown on the plans for SDWD approval.

SDWD BF 02 Backflow – Fire Line: Backflow preventers shall be installed on the dedicated fire lines meeting SDWD standards. The location of the proposed backflow preventers shall be shown on the plans for SDWD approval.

SDWD BF 03 Backflow – Landscape: Backflow preventers shall be installed on the dedicated landscape water meters meeting SDWD standards. The location of the proposed backflow preventers shall be shown on the plans for SDWD approval.

SDWD ED 02 Easement Dedication – Private Street: The developer shall dedicate to SDWD all necessary easements for that portion of the water system which is to be public water. The minimum easement width shall be 15 feet; additional width will be required if access dictates or if more than one utility is proposed for the easement. The whole width of private/access streets shall be dedicated to SDWD.

SDWD EWS 01 Existing Water Service - Map The subject property is currently being served by three (3) 2-inch water meters and one (1) 3/4-inch water meter. The owner may downsize the existing meters and apply capacity credit toward the installation of new water meters. All water meters that will receive capacity credit shall be paid for and installed at one time.

SDWD RW 01 Recycled Water – Available: SDWD Ordinance No. 1994-01 states that the use of potable water on landscaping areas may be deemed an unreasonable use where reclaimed water is available, or when it becomes available (where feasible). Reclaimed water is available for the site. The owner shall install landscaping irrigation to reclaimed water


standards in those areas that are common space and/or commonly maintained. The owner shall obtain County of San Diego Department of Environmental Health, San Elijo Joint Powers Authority and SDWD approval and connect to the reclaimed water system. Reclaimed water shall be used for grading operations where feasible.

SDWD SM 01 Sub-Meters – Mixed Use/Commercial: Per California Water Code Section 537 et seq., all newly constructed multi-unit residential structures or newly constructed mixed-use residential and commercial structures, for which an application for one or more water service connections is submitted after January 1, 2018, shall measure the quantity of water supplied to each individual unit, unless exempt under the applicable law. The measurement may be individual meters or sub-meters.

SDWD WS 01 Water System – Facility Location Private Street: SDWD will require a minimum of 5 feet from outside of edge of pavement or behind curb for SDWD facilities on the proposed private/access streets.

SDWD WS 02 Water System – Fees/Charges: The developer shall comply with SDWD’s fees, charges, rules and regulations.

SDWD WS 03 Water System – Fire Line Requirement: Dedicated fire lines shall be installed meeting SDWD standards.

SDWD WS 04 Water System – Grading/Improvement Plans: The developer shall show all existing and proposed water facilities on improvement and/or grading plans for SDWD Approval.

SDWD WS 05 Water System – Hydraulic Analysis A hydraulic analysis shall be completed for the proposed subdivision. The results of the analysis will dictate the design of the water system and determine the re-design of the existing water system. The analysis will need to account for future development of the area.

SDWD WS 06 Water System – Landscape Water Meter Requirement: All residential common space/commercial/mixed used properties which propose over 5,000 square feet of landscaping shall install a separate landscape water meter.

SDWD WS 07 Water System – Water Agencies’ Standards The developer shall install the water system according to Water Agencies’ (WAS) standards.

SDWD WS 08 Water System – Water Meter Location: Water meters shall be located outside of any existing or proposed travel way. Appurtenances shall not be placed in roadside ditches. Cost of relocation shall be the responsibility of the developer.


resolution no. pc 2020-27 a resolution of the city of

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