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1995-06 . . . RESOLUTION NO. OL-95-06 NCŒ ~ Arrk\J,.. L þ.ffØ>lÆ'O 'to p.C. rt.~o-q5'. SEe (Z.eso.:It pc- 't$"-~ A RESOLUTION OF THE OLIVENHAIN COMMUNITY ADVISORY BOARD OF THE CITY OF ENCINITAS APPROVING A DESIGN REVIEW PERMIT AND A COASTAL DEVELOPMENT PERMIT FOR THE CONSTRUCTION OF A 2,000 SQUARE FOOT RETAIL NURSERY STRUCTURE FOR PROPERTY LOCATED IN THE WEST VllLAGE COMMERCIAL CENTER AT 160 RANCHO SANTA FE ROAD (CASE NO. 95-150 DR/CDPÆIA) (}ÙPN:259-191-14) WHEREAS, Pete Fletcher / West Village, Inc. applied for a Design Review Pennit pursuant to Chapter 23.08 of the Municipal Code and a Coastal Development Pennit (Municipal Code Chapter 30.80) to allow for the construction of a 2,000 square foot retail nursery sales structure on a 5.14 acre property; and WHEREAS, the property is located at 160 Rancho Santa Fe Road and is legally described as: BLOCKS OR LOTS 8 AND 13, IN THE COLONY OF OLIVENHAIN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 326, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 8, 1885, AND AS MORE PARTICULARLY DESCRIBED IN THE GRANT DEED RECORDED AS DOCUMENT #1993-0487271 ON JULY 29, 1993. WHEREAS, a public hearing was conducted on July 25 and September 5, 1995 by the Olivenhain Community Advisory Board (CAB) at which time the Board considered without limitation: 1. The Agenda Reports for the July 25 and September 5, 1995 Olivenhain CAB meetings; 2. The adopted General Plan, Zoning Code, Local Coastal Program and associated Land Use Maps; 3. Oral Evidence received at the Public Hearing; 4. The Environmental Initial Assessment for the application request conducted by the City's Environmental Consultant for the project, David Claycomb with Helix Environmental, dated July 28, 1995. 5. Written evidence submitted with the application and five sheets including the Site Plan, the Remedial Grading Plan, the Building Elevations and Floor Plan, the Erosion Control Plan, and the Remedial Grading Plan Cover Sheet dated received by the City cd/cro/f:/95150o12.doc(9-5-95) . . . on June 22, 1995. In addition, three Exhibits of the Area Subject to Inundation During a 100-Year Stonn, a Wetlands Identification Plan, and a plan showing the Limits of the Floodway pursuant to County hydrology studies, and a fourth sheet of the Conceptual Landscape Plan dated received by the City on August 18, 1995. In addition, the applicant submitted a Materials and Color Board for the proposed structure at the Board's July 25, 1995 meeting and written evidence received at the Public Hearings; and WHEREAS, the Olivenhain CAB made the following required findings pursuant to Section 23.08.072 (Design Review Pennit) and Chapter 30.80 (Coastal Development Pennit) of the Municipal Code: (See ExIu"bit II 1 ") NOW THEREFORE, BE IT RESOLVED that the Olivenhain Community Advisory Board, acting as the decision-making body of the Lead Agency, has reviewed the Envirorunental Initial Assessment (EIA) and finds, in its independent judgment, that, with the incorporation of the mitigation measures contained herein, the project will not result in any significant adverse envirorunental impacts and a Negative Declaration shall be adopted. NOW THEREFORE, BE IT FURTHER RESOLVED by the Olivenhain Community Advisory Board that the application for Design Review and Coastal Development Pennits (Case No. 95-150) is hereby approved subject to the following conditions: A STANDARD CONDffiONS: 1. This approval will expire on September 5, 1997, two years after the approval of this project, unless the following conditions have been met or an extension of time has been approved pursuant to Municipal Code requirements. 2. This approval may be appealed to the Planning Commission within 15 calendar days ITom the date of the Board's approval pursuant to Chapter 1.12 of the Municipal Code. After the City's appeal period ends, a 10 working day appeal period begins for the approval to be appealed to the California Coastal Commission. 3. At all times during the effective period of this permit, the property owner shall obtain and maintain in valid force and effect, each and every license and pennit required by a governmental agency for the operation of the authorized activity. 4. At no time during the effective period of this permit shall the property owner be delinquent in the payment of taxes or other lawful assessments relating to the property which is the subject of this permit. cd/cro/f:/9S1S0o12.doc(9-S-9S) . . . B. 5. In the event that any of the conditions of this pennit are not satisfied, the Community Development Department shall cause a noticed hearing to be set before the authorized agency to detennine why the City ofEncinitas should not revoke this pennit. 6. Upon a showing of compelling public necessity demonstrated at a noticed hearing, the City of Encinitas, acting through the authorized agency, may add, amend or delete conditions and regulations contained in this pennit. 7. The property owner shall pay applicable development fees at the established rate. Such fees may include, but shall not be limited to: Pennit and Plan Checking Fees, School Fees, Water and Sewer Service Fees, Traffic Impact Fees, and Drainage Fees (as applicable). AITangements shall be made to the satisfaction of the appropriate department or agency to pay the impact fees prior to Building Pennit issuance or Final Occupancy approval, as detennined applicable by the concerned Department or Agency. 8. Approval of this request does not waive compliance with any section of the Municipal Zoning Code and all other applicable City Ordinances, unless otherwise noted herein. Prior to the erection of signs for the subject structure, the property owner shall obtain Sign Pennit approval consistent with the Master Sign Program established for the existing commercial center. 9. Property owner(s) shall agree to preserve and save hannless the City ofEncinitas and each officer and employee thereof from any accident, loss, or damage to persons or property happening or occurring as the proximate result of any of the work undertaken to complete this project, and that all said liabilities are hereby assumed by the property owner(s). COMMUNITY DEVELOPMENT DEPARTMENT: The property owner/developer shall contact the Community Development Department regarding compliance with the following conditions: 1. The Design Review and Coastal Development Pennits are approved as set forth in the plans, submitted with the application, consisting of five sheets including the Site Plan, the Remedial Grading Plan, the Building Elevations and Floor Plan, the Erosion Control Plan, and the Remedial Grading Plan Cover Sheet dated received by the City on June 22, 1995. In addition, three Exhibits of the Area Subject to Inundation During a 100- Year Stonn, a Wetlands Identification Plan, and a plan showing the Limits of the Floodway pursuant to County hydrology studies, and a fourth sheet of the Conceptual Landscape Plan dated received by the City on August 18, 1995. In addition, the applicant submitted a Materials and Color Board for the proposed structure at the Board's July 25, 1995 meeting. cd/cro/f:/95150o12.doc(9-5-95) . . . 2. Prior to Building Pennit issuance, the property owner shall cause to be recorded a standard form Covenant, acceptable to the Community Development Director, which records this Resolution of Approval and conditions herein. 3. All exterior light standards shall conform with Section 30.20.010 H2 of the Municipal Code which limits light standards to a maximum height of 18 feet. All light sources shall be shielded in such a manner to direct the light away fÌ"om streets and adjoining properties. Light fixtures placed on the structure shall be architecturally consistent with the buildings' design to the satisfaction of the Community Development Director. 4. Prior to Grading Pennit issuance, the property owner shall submit for the Community Development Director's approval a Landscape Plan for the wetland revegetation area which has been approved by the Army Corps of Engineers. Said Landscape Plan shall be consistent with the Conceptual Mitigation Plan prepared by Sweetwater Environmental Biologists (dated November 4, 1994). In accordance with General Plan Land Use Element Policy 10.6, the revegetated cismontane alkali marsh area shall measure 6,915 square feet in area to provide a 1.5:1 mitigation for the impact to 4,610 square feet of wetland area impacted so as to result in a net gain in acreage and value. The revegetated wetland and 50-foot buffer areas shall be permanently conserved or protected through the application of an open space easement or other suitable device to the satisfaction of the Community Development Director. 5. Landscaping adjacent to the approved structure shall be consistent with the Conceptual Landscape Plan approved by the Community Advisory Board and shall be installed prior to Final Occupancy approval of the retail nursery sales structure. All plant materials shall be maintained in a healthy and growing condition at all times. An automated inigation system for all landscaped areas shall be in place prior to Final Occupancy. All inigation pipes shall be placed underground and the inigation systems shall be maintained in an orderly working condition at all times to the satisfaction of the Community Development Director. All landscape planter areas which abut the length of a parking stall shall be provided with a 12-inch wide concrete strip adjoining the top of the concrete curb to provide for a walkway strip between the landscaped area and parking stall. Additional landscaping beyond the existing plant materials shall be required to stabilize any slopes caused by grading to the satisfaction of the City Engineer and the Community Development Director. 6. Prior to Building Pennit issuance, a plan shall be submitted for approval by the City Engineer, the Community Development Director, and the Encinitas Fire Protection District regarding the treatment of the site during the construction phase, the circulation and parking of construction workers' vehicles and any heavy equipment needed for the construction of the project, and the mitigation of potential impacts the construction may pose to surrounding uses and/or residents. cd/cro/f:/95150pcl.doc(lO-12-95) . . . C. FIRE DEPARTMENT: The property owner/developer shall contact the Fire Department regarding compliance with the following condition: FEES: Prior to Final Occupancy, the property owner shall submit to the Community Development Department a letter ITom the Fire Department stating that all development impact, plan check and/or cost recovery fees have been paid or secured to the satisfaction of the Fire Department. D. CITY ENGINEERING DEPARTMENT: The property owner/developer shall contact the City Engineering Department regarding compliance with the following conditions: 1. All City Codes, regulations, and policies in effect at the time of approval shall apply. Grading Conditions: 2. The property owner/developer shall obtain a grading pennit prior to the commencement of any clearing or grading of the site. 3. The grading for this project is defined in Chapter 23.24 of the Encinitas Municipal Code. Grading shall be perfonned under the observation of a civil engineer whose responsibility it shall be to coordinate site inspection and testing to ensure compliance of the work with the approved grading plan, submit required reports to the City Engineer and verify compliance with Chapter 23.24 of the Encinitas Municipal Code. No grading shall occur outside the limits of the project unless a letter ofpennission is obtained ITom the owners of the affected properties. 4. A soils/geologicaI/hydraulic report (as applicable) shall be prepared by a qualified engineer licensed by the State of California to petfonn such work: a. Prior to Building Pennit issuance; or b. At first submittal of a Grading Plan. Drainage Conditions: 5. The property owner/developer shall exercise special care during the construction phase of this project to prevent any offsite siltation. The property owner/developer shall provide erosion control measures and shall construct temporary desiltationldetention basins of type, size and location as approved by the City Engineer. The basins and erosion control measures shall be shown and specified on the grading plan and shall be constructed to the satisfaction of the City Engineer prior to the start of any other grading operations. Prior to the removal of any basins or facilities so constructed the area seNed shall be protected by additional drainage facilities, slope erosion control measures and other methods required or approved by the City Engineer. The property owner/developer shall maintain the temporary basins and erosion control measures for cd/cro/f:/9S1S0o12.doc(9-S-9S) . . . a period of time satisfactory to the City Engineer and shall guarantee their maintenance and satisfactory perfonnance through cash deposit and bonding in amounts and types suitable to the City Engineer. Utilities 6. The property owner/developer shall comply with all the rules, regulations and design requirements of the respective utility agencies regarding sernces to the project. 7. The property owner/developer shall be responsible for coordination with S.D.G. & E., Pacific Telephone, and other applicable authorities. 8. All proposed utilities within the project shall be installed underground including existing utilities unless exempt by the Municipal Code. The property owner/developer shall be responsible for the relocation and under grounding of existing public utilities, as required. E. BUILDING DMSION: The property owner/developer shall contact the Building Division regarding compliance to the following condition: The applicant shall submit a complete set of construction plans to the Building Division for review. The submittal shall include structural calculations and details, complete ftaming plans and details, a site plan and floor plans showing State mandated disabled access requirements, State Energy compliance documentation and a Soils Report which includes recommendations for the design of structural foundations. Submitted plans shall be reviewed for compliance with State Title 24, the latest adopted editions of the Unifonn Building Code, the Unifonn Mechanical Code, the Unifonn Plumbing Code, and the National Electrical Code. A comprehensive plan check will be conducted prior to Building Pennit issuance and comments and/or changes to the originally submitted plans may be required. F. Mitieation Monitorine and Reoortine Pro2l'am: In accordance with the Environmental Initial Assessment for this project (HELIX ENVIRONMENTAL PLANNING, INC.: Dated July 28, 1995), the following mitigations are required to reduce environmental impacts associated with the project to a level below significance. A Negative Declaration is hereby adopted for this project upon reliance of the following mitigations. 1. Potentially significant impacts related to erosion, compaction and seismic hazards shall be avoided through confonnance with applicable provisions of the City of Encinitas Municipal Code related to grading, building and adherence to Unifonn Building and Construction Codes. Such confonnance shall include measures related, but not limited to, proper site preparation, fill placement, short-tenn erosion contro~ landscaping, and structural design. Prior to Grading Pennit issuance, a subsurface geotechnical investigation shall be perfonned to address the potential for liquefaction and to detennine the approximate foundation design criteria for improvements. cd/cro/f:/95150o12.doc(9-5-95) . . . 6. 2. Potentially significant impacts related to air quality impacts due to construction-related dust generation shall be reduced to below a level of significance through confonnance with applicable City dust control measures. Such measures include regular watering (or other appropriate measures) to minimize dust generation and off-site migration. 3. Potentially significant impacts related to water quality and drainage shall be avoided or reduced below a level of significance through confonnance with applicable City design and grading guidelines for on-site runoff and erosion control. These measures shall include ensuring adequate drainage capacity and erosion control to preclude excessive off-site runoff and sediment transport. 4. Wetlands impacts shall be mitigated by the implementation of the Conceptual Mitigation Plan for the Fletcher Property with mitigation measures including the following: a. Create cismontane alkali marsh habitat on the site to blend with cismontane alkali marsh that is to be restored adjacent to the Fletcher property for the Rancho Santa Fe Bridge Project over Escondido Creek. b. Adhere to the u.S. Anny Corps of Engineers Section 404 Pemût requirements and the California Department of Fish & Game 1603 Streambed Alteration Agreement (as detennined applicable by these resource agencies). c. Mitigation (i.e.: wetlands or cismontane alkali marsh habitat restoration) shall occur at a 1.5:1 ratio as detennined by the City ofEncinitas to confonn with General Plan Resource Management Element Policy 10.6. d. Wetlands creation shall occur in, or adjacent to, those areas identified in the Conceptual Mitigation Plan for the Fletcher Property (Sweetwater Environmental; November 4, 1994). 5. The mitigation measures implemented through the revegetation of the cismontane alkali marsh shall be included in a mitigation monitoring and reporting program and maintenance of the area shall be assured to the satisfaction of the u.S. Anny Corps of Engineers and the City ofEncinitas. The maintenance program shall include irrigation, weed control and replacement of plantings as necessary. Monitoring shall include evaluations of the progress and measurements of the progress of the habitat creation. Potential impacts related to construction noise can be reduced below a level of significance through confonnance with applicable City guidelines such as operating schedules and equipment maintenance and Municipal Code Section 9.32.410 which limits days and hours in which construction may occur. cd/cro/f:/95150o12.doc(9-5-95) . . . 7. The property owner shall deposit with the City (or shall make the City a party in the release of a deposit with another governmental agency) an amount sufficient to fund a mitigation monitoring and reporting program to implement the creation of the revegetated cismontane alkali marsh as described in the Conceptual Mitigation Plan prepared by Sweetwater Environmental Biologists (dated November 4, 1994) to the satisfaction of the City Engineer and the Community Development Director. PASSED AND ADOPTED this 5th day of September 1995, by the following vote, to wit: AYES: Jordan, McGregor, Bode, Robertson, Tutoli NAYS: None ABSENT: None ABSTAIN: None G:~: ~ iL Craig R Olson, Associate Planner cd/cro/f:/95150o12.doc(9-5-95) . . . EXHIBIT" 1 " RESOLUTION NO. OL-95-06 Chapter 23.08.076 (Design Review)Findings Pursuant to of the Encinitas Municipal Code: 1. The project design is consistent with the General Plan, or Specific Plan and the provisions of the Municipal Code. Facts: The project proposes to construct a 2,000 square foot retail nursery structure adjoining a +/-60,000 square foot commercial center which will impact a 4,600 square foot area identified as wetlands habitat. Discussion: The project complies with all development standards established for the General Commercial Zoning District including setbacks, landscaping requirements, parking, and lot coverage. Impacts to the 4,610 square feet of "isolated and disturbed wetlands" were proposed to be mitigated by the applicant through the creation of 4,610 square feet of higher value cismontane alkali marsh (as stipulated in the Sweetwater Conceptual Mitigation Plan). The revegetation of the marsh wetland is proposed in an area adjacent to existing wetlands south of the proposed building site for the retail nursery. The Anny Corps of Engineers has approved the mitigation plan (which contains a 3-year monitoring requirement) subject to the issuance of a Coastal Development Pennit. As a condition of this approval, a 1.5:1 ratio for the restoration of the impacted wetlands area is required (i.e.: 6,915 square feet) to address General Plan Resource Management Policy 10.6 which requires a net gain in wetlands acreage and value. The project is necessary to help protect existing improvements trom potential flood hazard associated with the 100-year stonn since the 100-year flood plain line encroaches onto the developed commercial center. The project complies with General Plan Land Use Element Policy 8.2 since the scope of the project is limited to a minimal area of the property and is necessary to protect the existing commercial center trom flood impacts. The proposed project is also found to be incidental to the flood control project (La Bajada Bridge) recently constructed by the County to improve a County Circulation Element road. Such improvements are exempt pursuant to Land Use Element Policy 8.2c. The project site is not located within an adopted Specific Plan area. Conclusion: Therefore, the Olivenhain Community Advisory Board finds that the project design is consistent with the General Plan and the provisions of the Municipal Code. 2. The project design is substantially consistent with the Design Review Guidelines. f!m: The Design Review Guidelines relate to Site Design, Building Design, Landscape Design, Sign Design and Privacy and Security. The project proposes to construct a 2,000 square foot retail nursery sales structure in an existing retail commercial center. cd/cro/f:/9S1S0o12.doc(9-S-9S) . . . Discussion: The project has been conditioned to comply with Municipal Code development standards. Existing landscaping within the center will remain and the project site will be landscaped to compliment existing landscaped areas. The proposed structure is a wood exterior, octagonal shaped, stand-alone structure which will be provided a wood deck and trellis. The height of the structure will be 20 feet. Exterior building material consists of wood trim and exposed beams, glass, and clay roofing tiles. Although, most of the structures within the existing center have stucco exteriors, the proposed structure is compatible in design and building material. Due to its stand alone location, the proposed structure will complement the existing center since it will provide a transition ITom the center to the wetland area adjacent to the Escondido Creek. Parking is provided to comply with CUlTent Code requirements. Signage is conditioned to adhere with the City's Sign Ordinance. No evidence has been received during the planning review process to indicate that the project, as presented, modified and conditioned herein, would not confonn with the City's established Design Review Guidelines. Conclusion: Therefore, the Olivenhain Community Advisory Board finds that the project design is substantially consistent with the City's Design Review Guidelines. 3. The project design will not adversely affect the health, safety or general welfare of the community. Facts: No evidence has been submitted during the planning review process to indicate the project would pose any adverse health, safety or general welfare issues. Discussion: The project has been conditioned to comply with Municipal Code development standards. The grading within the 1 DO-year floodplain is necessary to aid in protecting existing improvements within the adjacent commercial center ITom potential impacts associated with flooding due to a 1 DO-year stonn. The project will mitigate envirorunental impacts as established by the Envirorunental Initial Assessment to a level below significance. The creation of wetlands habitat at a ratio of 1.5: 1 will mitigate impacts to the wetlands which will be graded to accommodate the project design. No evidence has been submitted to indicate that the project grading would adversely impact any up or downstream property situated adjacent to the Escondido Creek. Conclusion: Therefore, the Olivenhain Community Advisory Board finds that the project will not pose any adverse health, safety or general welfare impacts to the community. 4. The project will not tend to cause the surrounding neighborhood to depreciate materially in appearance or value. Facts: No evidence has been submitted during the planning review process to indicate that the project would materially depreciate the surrounding neighborhood in appearance or value. cd/cro/f:/95150o12.doc(9-5-95) . . . Discussion: The project design tends to be compatible with the adjoirùng conunercial center and the retail nursery structure is located in an area of the conunercial center wmch will complement the center and SUITounding development. The project has been conditioned to comply with Municipal Code development standards. Conclusion: Therefore, the Olivenhain Conununity Advisory Board finds that the project will not tend to cause the SUITounding neighborhood to depreciate materially in appearance of value. cd/cro/f:/95150o12.doc(9-5-95) . Findings Pursuant to Section 30.80.090 (Coastal Development Permits) of the Encinitas Municipal Code: A The proposed project is consistent with the certified Local Coastal Program of the City of Encinitas. Facts: Adherence to the City's General Plan Policies and Municipal Code Development Standards addresses Coastal Zone issues. The project is located in an area wruch would not preclude access to the coastal resources of the City. The site is impacted by the IOO-year flood plain associated with the Escondido Creek and an area of wetlands measuring approximately 4,610 square feet has been identified as being impacted by the project. . Discussion: Impacts to the 4,610 square feet of "isolated and disturbed wetlands" were proposed to be mitigated by the applicant through the creation of 4,610 square feet of higher value cismontane alkali marsh (as stipulated in the Sweetwater Conceptual MitifJation Plan). The revegetation of the marsh wetland is proposed in an area adjacent to existing wetlands south of the proposed building site for the retail nurseI)'. The Anny Corps of Engineers has approved the mitigation plan (which contains a 3-year monitoring requirement) subject to the issuance of a Coastal Development Pennit. As a condition of this approval, a 1.5: 1 ratio for the restoration of the impacted wetlands area is required (i.e.: 6,915 square feet) to address General Plan Resource Management Policy 10.6 (a component of the City's Local Coastal Program) which requires a net gain in wetlands acreage and value. The applicant contends that the project complies with Resource Management Policy 10.6 in that it is an "incidental public service project" since this area has been sandwiched between the newly constructed Rancho Santa Fe Bridge and a major storm drain improvement constructed in 1985. City Engineering staff cannot support this finding since the project improves private property and was not an element of the County's La Bajada Bridge project. However, Engineering staff does support the contention that the project is required to restore the applicant's property and to protect existing improvements ITom potential flood hazard. Therefore, the project is found to comply with General Plan Land Use Element Policy 8.2 since the scope of the project is limited to a minimal area of the property and is necessary to protect the existing commercial center ITom flood impacts. The proposed project is also found to be incidental to the flood control project (La Bajada Bridge) recently constructed by the County to improve a County Circulation Element Road since those improvements raised the adjoining property along Rancho Santa Fe Road and increase the potential for 1 DO-year flood impacts on the subject site. Such improvements are exempt pursuant to General Plan Land Use Element Policy 8.2c. The project location is within the Coastal Commission Appeal Zone and, therefore, the final action of the Olivenhain Community AdvisoI)' Board is appealable to the Coastal Commission. Conclusion: Therefore, the Olivenhain Community AdvisoI)' Board finds the proposed project to be consistent with the certified Local Coastal Program of the City ofEncinitas. . cd/cro/f:/95150o12.doc(9-5-95) . B. The proposed development confonns with Public Resources Code Section 21000 (et seq.) and there are no feasible mitigation measures or feasible alternatives which would substantially lessen any significant adverse impact that the activity may have on the environment. Facts: The project will mitigate environmental impacts to a level below significance as established by the mitigations made a part of the project's conditions that were established by the Environmental Initial Assessment for the project. . Discussion: The only other alternative which would substantially lessen any impacts to the site would be to leave the area undeveloped. However, this alternative would not address the potential for flood impacts to the existing commercial center caused by the location of the 100- year flood plain which were intensified by the recent improvements constructed by the County to re-align and raise an adjoining Circulation Element road (Rancho Santa Fe Road) to provide an all-weather crossing of the Escondido Creek (the La Bajada Bridge). The creation of wetlands habitat at a ratio of 1.5: 1 will mitigate impacts to the wetlands which will be graded to accommodate the project design. No evidence has been submitted to indicate that the project grading would adversely impact any up or downstream property situated adjacent to the Escondido Creek. Impacts to the 4,610 square feet of "isolated and disturbed wetlands" were proposed to be mitigated by the applicant through the creation of 4,610 square feet of higher value cismontane alkali marsh (as stipulated in the Sweetwater Conceptual Miti[Jation Plan). The revegetation of the marsh wetland is proposed in an area adjacent to existing wetlands south of the proposed building site for the retail nursery. The Army Corps of Engineers has approved the mitigation plan (which contains a 3-year monitoring requirement) subject to the issuance of a Coastal Development Pennit. As a condition of this approval, a 1.5: 1 ratio for the restoration of the impacted wetlands area is required (ie.: 6,915 square feet) to address General Plan Resource Management Policy 10.6 (a component of the City's Local Coastal Program) which requires a net gain in wetlands acreage and value. The project complies with General Plan Land Use Element Policy 8.2 since the scope of the project is limited to a minimaI area of the property and is necessaI)' to protect the existing commercial center ITom flood impacts due to the location of the 100-year flood plain and the fact that the adjoining roadway was raised. The proposed project is also found to be incidental to the flood control project (La Bajada Bridge) recently constructed by the County to improve and raise a County Circulation Element road adjacent to the subject site. Such improvements are exempt pursuant to General Plan Land Use Element Policy 8.2c. The project location is within the Coastal Commission Appeal Zone and, therefore, the final action of the Olivenhain Community Advisory Board is appealable to the Coastal Commission. Conclusion: Therefore, the Olivenhain Community Advisory Board finds that there are no feasible mitigation measures or feasible alternatives which would substantially lessen any significant adverse impact that the activity may have on the environment other than those required pursuant to the Environmental Initial Assessment and as conditions to the project's approval. . cd/cro/f:/95150o12.doc(9-5-95) . . . C. If the property is located betw~n the sea or other body of water and the nearest public road, approval shall include the specific finding that the proposed development is in confonnity with the public access and public recreation policies of Section 30200 (et seq.) of the Coastal Act. Facts: The property is located between the Escondido Creek and Rancho Santa Fe Road. Discussion: The Olivenhain Community Advisory Board reviewed the possibility of providing a recreational trail in association with the project's approval. However, a recreational trail on the southerly side of the Rancho Santa Fe (La Bajada) Bridge would not connect with any other trail alignments. Should a trail be proposed to cross the Escondido Creek or within the vicinity of the project area, it should be studied when the City initiates its Master Trails Plan program anticipated to begin next fiscal year. Recent restoration improvements conducted by the County adjacent to the bridge included an access roadway to water lines on the northerly side of the bridge. The Master Trails Plan process should review whether or not this easement could be used to link trail segments in Rancho Santa Fe to trails in Encinitas. Since the project is required to implement a revegetation program to establish a marsh wetland habitat, intrusion into the revegetation area would be detrimental to the success of the establishment of the wetland resource. Conclusion: Therefore, the Olivenhain Community Advisory Board finds that the proposed development is in confonnity with the public access and public recreation policies of Section 30200 (et seq.) of the Coastal Act since the project is required to implement a revegetation program to establish a marsh wetland habitat and human and animal intrusion into the revegetation area would be detrimental to the success of the establishment of the wetland resource. cd/cro/f:/95150o12.doc(9-5-95)