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: 4" high with a ½" inch stroke width for residential buildings, 8" high with a ½" stroke for commercial and multi-family residential buildings, 12" high with a 1" 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.
IV. AUTOMATIC FIRE SPRINKLER SYSTEM - ONE- AND TWOFAMILY 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. Sprinklers will be required due to significant modifications and additions being over 50 percent of existing structure.
V. CLASS "A" ROOF: All structures shall be provided with a Class "A" Roof covering to the satisfaction of the Solana Beach Fire Department.
C. Engineering Department Conditions:
I. The Applicants are required to obtain an Encroachment Permit in accordance with SBMC Section 11.20 for the frontage improvements as listed below in the public right-of-way. The frontage improvements shall be done to the satisfaction of the City Engineer prior to the occupancy of the proposed project:
a. Construction of the 10-foot-wide Decomposed Granite (DG) area. b. Construction of the 9" X 9" X 12" mountable curb and concrete gutter.
c. Construction of the SDRSD driveway approach within 2:1 transitions to the proposed DG pathway.
d. Construction of a six-foot-wide concrete spillway.
e. Landscaping in the public right-of-way.
II. The Applicants shall construct a minimum five-food-wide transitional improvements on both sides of the property frontage to match existing improvements.
111. The Applicants shall construct the City-standard 9" X 9" X 12" mountable concrete curb along the property frontage of the property Resolution 2023-006
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to the south (425 Marview Drive), subject to approval of the adjacent property owner.
IV. The Applicants shall record a Hold Harmless Agreement prior to release of the grading bond. The document will hold the City of Solana Beach harmless for the storm drain and sewer systems on the Applicants' property.
V. All construction demolition materials shall be recycled according to the City's Construction and Demolition recycling program and an approved Waste Management Plan shall be submitted.
VI. Construction fencing shall be located on the subject property unless the Applicants have obtained an Encroachment Permit in accordance with SBMC Chapter 11.20 which allows otherwise.
Grading Conditions
VII. The Applicants shall obtain a Grading Permit in accordance with Chapter 15.40 of the Solana Beach Municipal Code. Conditions prior to the issuance of a Grading Permit shall include, but not be limited to, the following:
a. The Applicants shall obtain a grading plan prepared by a Registered Civil Engineer and approved by the City Engineer.
On-site grading design and construction shall be in accordance with Chapter 15.40 of the Solana Beach Municipal Code.
b. The grading contractor shall clearly delineate the limits of grading operation within the project site by installation of construction fencing, as defined on the grading plan.
c. The Applicants shall obtain a Soils Report prepared by a Registered Soils Engineer and approved by the City Engineer.
All necessary measures shall be taken and implemented to assure slope stability, erosion control and soil integrity. The grading plan shall incorporate all recommendations contained in the soils report. An as-graded report shall be submitted to and approved by the City prior to release of the grading bond and issuance of occupancy.
d. The Applicants shall provide a Drainage Report prepared by a Registered Civil Engineer. This report shall address the design for detention basin and corresponding outflow system to ensure the rate of runoff for the proposed development is at or below that of pre-existing condition. All recommendations of this report shall be incorporated into the Preliminary Grading Plan. A Resolution 2023-006
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detention basin easement(s) shall be recorded for maintenance of the detention basins by the property owner(s) in perpetuity, prior to the release of the Grading Bond and Security Deposit. e. The surface drainage run-off for this project shall be diverted to Marview Drive by a pump system. The Emergency overflow
system for the proposed drainage design shall be connected to a dissipater system designed to spread any potential emergency flow over the entire width of the property as shown on the preliminary grading plan. The pump discharge point at Marview Drive shall be maintained by the property owner. An
Encroachment Removal and Maintenance Agreement (EMRA)
shall be executed for the drainage discharge improvements in the right of way.
f. The Applicants shall show all retaining walls and drainage structures. Retaining walls shown on the grading plan shall conform to the San Diego Regional Standards or be designed by a licensed civil engineer. Engineering calculations for all designed walls with a surcharge and nonstandard walls shall be submitted at grading plan check. Retaining walls may not exceed the allowable height within the property line setback as determined by the City of Solana Beach Municipal Code.
Contact the Community Development Department for further information.
g. The Applicants are responsible to protect the adjacent properties during construction. If any grading, construction activity, access or potential construction-related impacts are anticipated beyond the property lines, as determined by the City Engineer, the Applicants shall obtain a letter of permission from the adjoining property owners. All required letters of permission shall be submitted to the City Engineer prior to the issuance of the Grading Permit.
h. Cut and fill slopes shall be set back from site boundaries and buildings in accordance with SBMC Section 15.40.140 and to the satisfaction of the City Engineer.
i. The Applicants shall pay a grading plan check fee in accordance with the current Engineering Fee Schedule at initial grading plan submittal. Inspection fees shall be paid prior to issuance of the Grading Permit.
j. The Applicants shall obtain and submit grading security in a form prescribed by the City Engineer.
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k. The Applicants shall obtain haul permit for import/ export of soil.
The Applicants shall transport all excavated material to a legal disposal site.
I. The Applicants shall submit certification from the Engineer of Record and the Soils Engineer that all public or private drainage facilities and finished grades are functioning and are installed in accordance with the approved plans. This shall be accomplished by the Engineer of Record incorporating as-built conditions on the Mylar grading plans and obtaining signatures of the Engineer of Record and the Soils Engineer certifying the as-built conditions.
m. An Erosion Prevention and Sediment Control Plan shall be prepared by the Applicants. Best management practices shall be developed and implemented to manage storm water and nonstorm water discharges from the site at all times during excavation and grading activities. Erosion prevention shall be emphasized as the most important measure for keeping
sediment on site during excavation and grading activities.
Sediment controls shall be used as a supplement to erosion prevention for keeping sediment on site.
n. The Applicants shall show all proposed on-site private drainage facilities intended to discharge water run-off. Elements of this design shall include a hydrologic and hydraulic analysis verifying the adequacy of the facilities and identify any easements or structures required to properly convey the drainage. The construction of drainage structures shall comply with the standards set forth by the San Diego Regional Standard
Drawings.
o. Post Construction Best Management Practices meeting City and RWQCB Order No. R9-2013-001 requirements shall be
implemented in the drainage design.
p. No increased cross lot drainage shall be allowed.
q. The Applicants shall obtain the Grading and Building Permits concurrently.
r. Prior to obtaining a foundation inspection on the Building Permit, the Applicants shall submit a building pad certification statement from a Soils Engineer and an engineer or land surveyor licensed in Land Surveying per SSMC 15.40.230E
D. City Council Conditions:
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I. The project is approved subject to the conditions requested by the neighbors and listed in "Exhibit B" in the letter submitted on January 11, 2023 and included in below in Conditions D(l)(i-x). i. Survival of Conditions: These conditions of approval survive the completion of construction of improvements on this property and completion of the related building permit. These conditions shall remain in effect as long as the building remains. Any expansion of the building envelope, material change to the landscape plan, and any changes to these conditions will require an amendment of this Development Review Permit that is approved by a Resolution of the City Council at a City Council meeting where the public is permitted to provide input.
ii. Grading: Grading and disturbance of the hillside slope on the west side of the house shall be minimized. The grading on the slope on the west side of the house that is beyond the footprint of the house as set forth on the Final Plans shall not be lower than the "finished floor'' elevation of lower floor level to allow the lower level of the house to "daylight" on the west side.
The grading and re-compaction within the building footprint and an area of two feet wide contiguous with the building footprint can be graded and compacted as required by the Final Plans. The limits or boundary of the area to be disturbed by grading and recompaction shall not exceed the limits or boundary of the building footprint (not including hardscape) plus the area that is two feet wide contiguous with the building footprint.
The trenching on the westerly slope to install the "emergency overtlow dissipater'' for the "storm water detention tank" (500 cubic feet) located on the east side of the house as shown on the Final Preliminary Grading Plan shall be minimized to avoid disturbance of the westerly slope and will not be deeper than approximately 12 inches.
iii. Drainage: All roofs of the new house and hardscape structures shall drain (indirectly) to the street on Marview Drive as provided on the Final Preliminary Grading Plan. The east side of the roof and all site drains on the east side of the new house will drain to the 500 cubic foot cast in place concrete "storm water detention tank" (located on the east side of the house) and then drained to the street on Marview Drive. The west side of the roof and all site drains on the west side of the house and all other site drains, including drains serving the lower level deck, will drain to the cast in place concrete vault identified as "storm drain cleanout with Resolution 2023-006
DRP21-009/DRP21-010 - 437 Marview Dr
pump" on the Final Preliminary Grading Plan (where the pump is located) located on the west side of the house and then be pumped to the "storm water detention tank" which drains on Marview Drive. The location and size of the cast in place concrete vault on the west side of the house where a pump is located (identified as "storm drain cleanout with pump" on the Final Preliminary Grading Plan which pumps water uphill to the 500 cubic foot "storm water detention tank" on the east side of the house) shall not be larger than 4 feet wide, 4 feet long, and 7 feet deep as shown on the Final Preliminary Grading Plan.
iv. Drainage: The "emergency overflow dissipater'' pipe shown on the Final Preliminary Grading Plan that services the 500 cubic foot cast in place concrete "storm water detention tank" located on the east side of the house will dissipate water evenly across the entire westerly slope at the elevation of 271 MSL or higher. v. Construction of Improvements Located West of the House: The area located west of, contiguous with, and between the building footprint (and extended to the north and south property boundaries), including the area west of the lower-level walkways and the patio area (reduced as approved by the Council), and the westerly property boundary of the lot (the "landscape area") shall only be used for planting California native plants.
Within the above described landscape area west of the building footprint, walkways and patio area, no structures, decks, patios, slabs, walkways, or other hardscape, impervious surfaces, or improvements, including a pool, fire pit (or any fire device or fixture), or installation of irrigation equipment (except temporary surface installed irrigation to support native plantings as provided herein), or grading, or walkways, walking paths or fences shall be constructed, installed, or conducted except installation of the "emergency overflow dissipater'' (which serves the 500 cubic foot "storm water detention tank" located on the east side of the house) shown on the Final Preliminary Grading Plan. The above described landscape area west of the house, including as on the Final Plans shall not be converted from native vegetation to any other use or surface, and the native vegetation shall not be replaced with lawns, ornamental vegetation, or other non- native vegetation, or replaced with gravel, flagstone, crushed rock or other material, bare soil, or other materials without native vegetation. Native vegetation shall be continually maintained in the above described landscape area.
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vi. Sewer Pump: The Final Plans provide that sewage from the bathrooms located in the lower level of the house will be collected and then pumped up to the sewer on Marview Drive. This pump shall be located in the side yard setback next to the side of the house or under the house so that any malfunction will be easily noticed and remedied before sewage flows down the slope. It shall not be located in landscape area west of the westerly facade of the new house because if there is a sewage leak from the pump tank it may not be quickly discovered and may be allowed to run downhill into our properties.
vii. Landscape Plan: Require that all landscape vegetation on the landscape plan for installation on the west side of the house, between the house and the west property boundary, consist of native plants suitable to thrive the Torrey Sandstone type soil.
When planting native plants on the flat area that is created by grading the slope to create the pad for the lower level of the house, install 50% of native plants in large boxes (e.g., 24 inches or larger boxes).
However, when planting native plants on the slope only install plants in 1-gallon to 5-gallon size containers to minimize disturbing the slope and watering needs on the slope. Within this landscape area on the west side of the house only temporary irrigation (surface installed) shall be allowed as long as needed to establish the native plants. No permanent irrigation may be installed within area.
The existing native vegetation on the slope as shown on the Final Landscape Plan shall not be disturbed. Do not trim, cut, remove, or otherwise disturb the existing "native vegetation" area identified on the Final Landscape Plan. No irrigation, pipe for the emergency overflow dissipater, walking pathway, fencing, or other materials or improvements may be installed in this native vegetation area.
viii. Interior and Exterior Lighting: Require that the interior and exterior lighting does not extend beyond the westerly property boundary in such concentration as to disturb neighboring homes. ix. Exterior Sound System: The installation and operation of any sound system, including any speakers or amplified sound, on the exterior of the house or any building or structure and yard areas on the property is prohibited.
x. Railing and Decks: In order to reduce noise projected from the house, all railings for the decks on the west, north and south sides Resolution 2023-006
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of the house shall be made from a solid material such as glass or stucco wall, or a combination of solid materials.
II. The Applicants shall submit a revised conceptual landscape plan for consideration and approval at a future City Council meeting and prior to the issuance of building and grading permits. The revised plan shall identify individual plant species and locations versus varieties of species. The interested neighbors shall be notified in advance of the meeting by City Staff.
Ill. The finished floor elevation of the lower level shall be raised to 275.0 feet above MSL.
IV. The Applicant shall construct a berm along the western extent of the lower level patio consistent with the berm slope exhibit submitted and presenting to the City Council at the January 11, 2023 City Council meeting.
I. ENFORCEMENT
Pursuant to SSMC 17.72.120(8) failure to satisfy any and all of the abovementioned conditions of approval is subject to the imposition of penalties as set forth in SSMC Chapters 1.1.6 and 1.18 in addition to any applicable revocation proceedings.
II. EXPIRATION
The Development Review Permit and Structure Development Permit for the project will expire 24 months from the date of this Resolution, unless the Applicants has obtained building permits and has commenced construction prior to that date, and diligently pursued construction to completion. An extension of the application may be granted by the City Council according to SSMC 17.72.110.
Ill. INDEMNIFICATION AGREEMENT
The Applicants shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney's fees, against the City or its agents, officers, or employees, relating to the issuance of this permit including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision. The City will promptly notify the Applicants of any claim, action, or proceeding. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification.
In the event of such election, the Applicants shall pay all of the costs related thereto, including without limitation reasonable attorney's fees and costs. In the Resolution 2023-006
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event of a disagreement between the City and Applicants regarding litigation issues, the City shall have the authority to control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter. However, the Applicants shall not be required to pay or perform any settlement unless such settlement is approved by the Applicants.
NOTICE TO APPLICANTS: Pursuant to Government Code Section 66020, you are hereby notified that the 90-day period to protest the imposition of the fees, dedications, reservations or other exactions described in this resolution commences on the effective date of this resolution. To protest the imposition of any fee, dedications, reservations or other exactions described in this resolution you must comply with the provisions of Government Code Section 66020. Generally the resolution is effective upon expiration of the tenth day following the date of adoption of this resolution, unless the resolution is appealed or called for review as provided in the Solana Beach Zoning Ordinance.
PASSED AND ADOPTED at a special meeting of the City Council of the City of Solana Beach, California, held on the 11 th day of January, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers - Zito, Edson, Becker, MacDonald
Councilmembers - None
Councilmembers - Heebner (Recused)
Councilmembers - None
APPROVED AS TO FORM: ATTEST:
, City Attorney
/
STA TE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF SOLANA BEACH
RESOLUTION CERTIFICATION
SS.
I, ANGELA IVEY, City Clerk of the City of Solana Beach, California, DO HEREBY CERTIFY that the foregoing is a full, true and correct copy of Resolution 2023-006 conditionally approving a Development Review Permit, Structure Development Permit, and Structure Development Permit Waiver to demolish a single-family residence, construct a replacement two-story, single-family residence with a three-car garage, and perform associated site improvements at 437 Marview Drive, Solana Beach, Applicant:
Tom and Marti Bertolino, Case: DRP21-009, SDP21-010 as duly passed and adopted at a Regular Solana Beach City Council meeting held on the 11 th day of January, 2023 and is the original on file in the City Clerk's Office.
CERTIFICATION