1995-06
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RESOLUTION NO. OL-95-06
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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
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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.
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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.
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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.
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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
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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.
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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.
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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
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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.
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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.
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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.
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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.
.
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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.
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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)