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2009-14 City of Encinitas PLANNING AND BUILDING DEPARTMENT 505 South Vulcan Avenue Encinitas CA 92024 (760) 633-2710 NOTICE OF DECISION PBD-2009-14 June 1, 2009 This letter is to inform you that the Planning and Building Director has approved your application for: 09-022 CDP (Applicant: California Department of Transportation) - A request for a Coastal Development Permit for vehicular access to eight (8) boring hole locations to conduct geotechnical testing north of the existing Manchester northbound on-ramp and east of Interstate 5 within the California Department of Transportation right-of-way. The project site area is located in the Transportation Corridor (TC) zone, Coastal zone, SceniclVisual Corridor Overlay zone and within the Cardiff-by-the-Sea community area. Project Description and Discussion: The project is a Coastal Development Permit request for vehicular access across sensitive habitat to drill eight (8) boring hole locations to conduct geotechnical testing. The geotechnical study results will be utilized for future Interstate 5 widening projects. Each bore hole will be approximately 4.25 inches in diameter and 200 feet deep. The boring locations are located north of the Manchester northbound on-ramp and east of Interstate 5 with the California Department of Transportation right-of-way. The project is proposing vehicular access and boring within sensitive habitat in the Coastal Zone, which requires a Coastal Development Permit in accordance with Section 13252, Subsection 3(B) of the California Code of Regulations. The project is located within the ScenicNisual Corridor Overlay (SNCO) zone. Section 30.34.080 of the Municipal Code provides that within the SNCO zone, consideration will be given to the overall visual impact of the project and conditions or limitations pertaining thereto may be applied to the project. The proposed improvements would not be visible to the adjacent neighborhood to the east of the project site from any vantage points. Additionally, any temporary impacts would be mitigated as specified within the conditions of approval. A standard public notification was issued for the Coastal Development Permit application, which allowed for a ten (10) day comment period from May 1, 2009 to May 11, 2009. The Planning Department did not receive any correspondence from the neighborhood or any interested parties. The Planning Department detennined the Coastal Development permit to be consistent with all applicable policies of the General Plan and provisions of the Municipal Code. The access and bore holes as approved herein are exempt from Design Review as per section 23.08.030A of the Municipal Code. This approval is based on the following findings: PBD\AM\G:\NOD\09-022cdp.nod.doc - 1 - FINDINGS FOR A COASTAL DEVELOPMENT PERMIT STANDARD: Section 30.80.090 of the Municipal Code provides that the authorized agency must make the following findings of fact, based upon the information presented in the application and during the Public Hearing, in order to approve a coastal development permit: 1. The project is consistent with the certified Local Coastal Program of the City of Encinitas; and 2. The proposed development conforms with Public Resources Code Section 21000 and following (CEQA) in that there are no feasible mitigation measures or feasible alternatives available which would substantially lessen any significant adverse impact that the activity may have on the environment; and 3. For projects involving development between the sea or other body of water and the nearest public road, approval shall include a specific finding that such development is in conformity with the public access and public recreation policies of Section 30200 et. seq. of the Coastal Act. Facts: The applicant requests vehicular access to conduct geotechnical testing at eight (8) locations bore hole testing for future Interstate 5 widening improvements. The site is located north of the Manchester onramp and east of Interstate 5 within the Transportation Corridor (TC) zone, Coastal zone and Scenic/ Visual Corridor Overlay zone within the City of Encinitas. The project is proposing access and boring within sensitive habitat in the Coastal Zone, which thereby requires a Costal Development Permit in accordance with Section 13252, Subsection 3(B) of the California Code of Regulations. The project is not visible to neighboring properties but will have temporary impacts to the land subject to review under Section 30.34.080 of the Municipal Code. Section 30.34.080 of the Municipal Code provides that within the S/VCO zone. The project is exempt from the Design Review regulations in accordance with Section 23.080.030A of the Municipal Code Discussion: Related to finding No. 1, the project complies or is conditioned to comply with the City's Local Coastal Program and the Municipal Code. Related to finding No. 2, the project is exempt from environmental review pursuant to Sections 15304 of the California Environmental Quality Act (CEQA) Guidelines. State and Federal Wildlife agencies have reviewed the proposal and determined that with adherence to the avoidance and conservation measures required herein, the project will have no lasting significant impact to the environment. Finding No. 3 is not applicable because the lot is located north of Manchester Avenue and east of Interstate 5, which is not located between the sea and nearest public road. PBD\AM\G:\"NOD\09-022cdp.nod.doc -2- Conclusion: The Planning and Building Department finds that 1) the Coastal Development Permit does not create a condition that does not comply with the City's Local Coastal Plan; 2) no potentially significant adverse impacts to the environment will result from the project; and 3) finding No. 3 is not applicable as the project site is located north of Manchester Avenue and east of Interstate 5, which is not located between the sea and the nearest public road. The project is consistent with all Building and Planning development standards within the Encinitas Municipal Code. Environmental Review: The California Department of Transportation provided an environmental letter on December 19, 2009 regarding environmental impacts of access and boring holes for the project. The letter concluded that temporary impacts would result to .39 acres of disturbed Coastal Sage Scrub and .30 acres of disturbance to non-native grassland. A :field investigation also concluded that the California Gnatcatcher (Polioptila californica) was found above bench areas and further away from Interstate 5. Caltrans concluded that the California Gnatcatcher would not be adversely impacted by using implementation of avoidance and minimization measures. The U.S. Department of Fish and Wildlife Service reviewed the application and letter by Caltrans regarding habitat of the savannah sparrow, light-footed clapper rail and the California Gnatcatcher. They concluded that given the temporary nature of the impacts combined with implementation of avoidance measures and conservation measures specified herein as Conditions SCC through SCO, the project would therefore have no lasting significant impacts to the flora and fauna. The project is exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines 15304, which exempts from Environmental Review minor public alterations in the condition of land, water and/or vegetation which do not involve healthy, mature, scenic trees except for forestry and agricultural purposes. This approval is subject to the following conditions: SCI SPECIFIC CONDITIONS: SC2 At any time after two years from the date of this approval, June 1, 2011 at 5:00 P.M., or the expiration date of any extension granted in accordance with the Municipal Code, the City may require a noticed public hearing to be scheduled before the authorized agency to determine if there has been demonstrated a good faith intent to proceed in reliance on this approval. If the authorized agency finds that a good faith intent to proceed has not been demonstrated, the Coastal Development Permit shall be deemed expired as of the above date (or the expiration date of any extension). The determination of the authorized agency may be appealed to the City Council within 15 days of the date of the determination as listed on this Permit. PBD\AM\G:\NOD\09-022cdp.nod.doc -3- SC6 This project is conditionally approved as set forth on the application and project drawings stamped received by the City on December 10, 2008, consisting of one (1) sheet including a site plan, designated as approved by the Planning and Building Director on June 1, 2009, and shall not be altered without express authorization by the Planning and Building Department. SCA The San Dieguito Water District has a 30 inch transmission main within the area of the boring holes. Prior to the commencement of work Caltrans and/or the contractor shall call DIGALERT to mark out all utilities. SCB Prior to the commencement of work a traffic control plan and/or encroachment permit shall be submitted and approved the Engineering Services Department if any City of Encinitas right-of-way is to be utilized for any portion of this project. SCC All equipment associated with the project shall remain free of graffiti to the satisfaction of the Code Enforcement Division. SCD Any impacts to coastal sage scrub, non-native (annual) grassland shall be mitigated at a 1:1 ratio on-site by reseeding with native species. SCE Sensitive habitat outside the project footprint shall be designated as Environmentally Sensitive Area (ESA). All parties in conjunction with the project operation shall avoid these areas. No construction activities, materials, or equipment are permitted within this area. The boundary of ESA shall be fenced by orange plastic snow fencing. Work areas (including boring locations and access) shall be clearly delineated and marked by a qualified biologist with geotechnical personnel in the field prior to the removal or impact to any habitat. SCF Prior to delineating Environmental Sensitive Areas or clearing coastal sage scrub habitat, a qualified biologist shall survey the site for California Gnatcatchers. If Gnatcatchers are found within the project footprint, all work shall stop and the City of Encinitas and U.S. Department of Fish and Game shall be contacted to determine if additional consultation or measures are required for the project. SCG All work shall be completed outside the breeding season (February 15 to August 11) for the clapper rail and gnatcatcher. SCH A biologist shall be onsite while vegetation is being cleared and while boring locations are initially accessed, and shall survey ahead of crews clearing access to ensure all species are flushed from vegetation. SCI The applicant shall have photos taken of the areas for access and drilling before, immediately after and 6 and 12 months after activities are complete to demonstrate restoration of the project sites. All photographs shall be submitted to the Planning and Building Department. PBD\AM\G:`,NOD\09-022cdp.nod.doc -4- SCJ Boring locations shall be placed in the most disturbed areas and would not impact large scrubs to the extent possible. No grading shall occur to access borings from existing trails and/or roads. SCK Access roads that need to be graded or pioneered to reach boring locations shall be minimized to the extent possible. All graded area shall be returned to their original contours and have erosion control materials according to the Best Management Practices. Borings shall be conducted on benches and flat areas. SCL Any native areas temporarily impacted during accessing or drilling activities shall be reseeded with a native plant mix. The proposed seed palette shall be reviewed and approved by the project biologist prior to the application in the field. The best methods of revegetation shall be determined during design and could include hydroseeding or planting. SCM No invasive exotic plant species shall be seeded or planted as part of the project. In compliance with Executive Order 13112 native impacted areas shall be reseeded with plant species native to local habitat types, and shall avoid the use of California Invasive Plant Council (Cal-IPC) "Invasive Plant Inventory" to the extent practicable. SCN Any planting stock to be brought onto the project site for habitat restoration shall first be inspected by a qualified pest inspector to ensure it is free of pest species that could invade natural areas, including but not limited to: Argentine ants, fire ants and other pests. Any planting stock found to be infested with such pests would not be allowed on the project site or within 300 feet of natural habitats. The stock shall be quarantined, treated and disposed of according to the best management principles by qualified experts in a manner that precludes invasion into natural habitats. Caltrans shall ensure that all temporary irrigation would be for the shortest duration possible, and no permanent irrigation shall be used for native habitat restoration. SCO Typical erosion control measures, Best Management Practices (BMP's) in the vicinity of streams and adjacent native habitats shall be employed. All equipment maintenance, staging, and dispensing of fuel, oil, and coolant, or any other such activities shall occur in designated offsite areas. These designated areas shall be in such a manner as to prevent any runoff from entering adjacent water's of the United States, including wetlands. G1 STANDARD CONDITIONS: CONTACT THE PLANNING DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: G2 This approval may be appealed to the City Council within 15 calendar days from the date of this approval in accordance with Chapter 1.12 of the Municipal Code. G5 Approval of this request shall not waive compliance with any sections of the Municipal Code and all other applicable City regulations in effect at the time of Grading Permit issuance unless specifically waived herein. PBD\AM\G:\NOD\09-022cdp.nod.doc -5- E1 ENGINEERING CONDITIONS: CONTACT THE ENGINEERING SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): E2 All City Codes, regulations, and policies in effect at the time of building/grading permit issuance shall apply. E3 All drawings submitted for Engineering permits are required to reference the NAVD 88 datum; the NGVD 29 datum will not be accepted. This notice constitutes a decision of the Planning & Building Department only. Additional permits, including Building Permits, may be required by the Building Division or other City Departments. It is the property owner's responsibility to obtain all necessary permits required for the type of project proposed. In accordance with the provisions of Municipal Code Section 1. 12, the decision of the Planning and Building Director may be appealed to the City Council within 15 calendar days of the date of this determination. The appeal must be filed, accompanied by a $250 filing fee, prior to 5:00 pm, on the 15th calendar day following the date of this Notice of Decision. If you have any questions regarding this determination, please contact Andrew Maynard at the Planning and Building Department by telephoning (760) 633-2718. Patrick Murphy, Planning and Building Director PBD\AM\G:\NOD\09-022cdp.nod.doc -6-